Common use of Generator Clause in Contracts

Generator. 1.1 Subject to the terms hereof and applicable laws, Tenant shall have the right to use one (1) back-up electrical generator of a type, size and specifications reasonably approved by Landlord (the “Generator”) in a location reasonably approved by Landlord (the “Generator Area”). In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the Building by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor). Tenant shall be responsible for obtaining all permits and other approvals required by any governmental or quasi-governmental authority in connection with the operation and use of the Generator, and Tenant shall be solely responsible for any and all costs, if any, incurred by Landlord as a result of or in connection with ▇▇▇▇▇▇’s operation and use of the Generator. In the event that Landlord shall incur any costs as a result of or in connection with the rights granted to Tenant herein, Tenant shall reimburse Landlord for the same within ten (10) days following billing. Tenant shall be responsible for all maintenance and repairs and compliance with law obligations related to the Generator and acknowledges and that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Building. Tenant shall be entitled to operate the Generator and such connections to the Building for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. All repairs and maintenance and compliance with laws with respect to the Generator shall be the sole responsibility of Tenant (at Tenant’s sole cost and expense), and Landlord makes no representation or warranty of any kind with respect to such Generator. The Generator shall be deemed to be a part of the Premises for purposes of the insurance provisions of this Lease, as amended hereby, and, in addition, Tenant shall maintain, at Tenant’s cost, industry standard “boiler and machinery” insurance coverage with respect thereto. At Landlord’s request, Tenant shall be required to remove the Generator and restore such area to the condition that existed prior to the installation of the Generator upon the expiration or earlier termination of this Lease. 1.2 Tenant shall indemnify, defend, protect, and hold harmless Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors from any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with or arising from 1131701.06/SF372493-00050/1-31-20/pwn/pwn -38- any cause related to or connected with the use, operation, and/or repair of the Generator and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in connection with the Generator. In the event that Tenant shall fail to comply with the requirements set forth herein, without limitation of Landlord’s other remedies (a) Landlord shall have the right to terminate Tenant’s rights with respect to the Generator, and/or (b) Landlord shall have the right, at Tenant’s sole cost and expense, to cure such breach, in which event Tenant shall be obligated to pay to Landlord, within ten (10) days following demand by Landlord, the amount expended by Landlord, plus Landlord’s standard administration fee. [no further text on this page] 1131701.06/SF372493-00050/1-31-20/pwn/pwn -39-

Appears in 1 contract

Sources: Lease (Dexcom Inc)

Generator. 1.1 Subject to To the terms hereof and extent permitted by applicable lawsLaws, Tenant shall have the right to use one (1) install a pad and a back-up electrical generator of with a type, size and specifications capacity reasonably acceptable to Landlord (the "Generator") for Tenant's exclusive use in an area approved by Landlord in its sole discretion (the “Generator”) in a location reasonably approved by Landlord (the “"Generator Area”). In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the Building by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odorAreas"). Tenant shall be responsible for obtaining all permits and approvals necessary for the installation and operation of the Generator and delivering copies of the same to Landlord. The Generator shall be screened in a manner and design approved by Landlord and shall include any noise mitigation requirements imposed by Landlord. The Generator shall be used solely for accessory use to Tenant's operations in the Premises, and under no circumstances shall Tenant sell, lease or license the use of such Generator to any other approvals party. Tenant may only operate the Generator when necessary for testing or for emergency power to the Premises. After installation, Tenant shall be responsible, at its expense, for (i) compliance with all Laws applicable to the Generator, (ii) maintaining any permits that may be required by any governmental or quasi-governmental authority in connection with the operation use and use maintenance of the Generatorsame (and delivering copies of the same to Landlord), and Tenant (iii) complying with the Spill Prevention, Control and Countermeasure (SPCC) rules and regulations applicable to the Generator. The Generator Areas shall be solely responsible have suitable provision for intake air and exhaust, as well as attendant louvers and controls and systems for retention of any and all costs, if any, incurred by Landlord as a result of or in connection with spilled fuel. ▇▇▇▇▇▇’s operation ▇ understands and use agrees that no materials whatsoever are to be furnished by Landlord and no work whatsoever is to be performed by Landlord and no services of the Generator. In the event that any kind whatsoever are to be furnished by Landlord shall incur any costs as a result of or in connection with the rights granted to Tenant hereininstallation, Tenant shall reimburse Landlord for use and operation of the same within ten (10) days following billingGenerator and any related equipment. Tenant shall be responsible for maintaining the Generator and the Generator Areas in good and safe condition, and shall promptly repair any and all maintenance damage to the Generator, the Generator Areas, and repairs to any other part of the Premises or the Property caused by or resulting from Tenant's installation, use, maintenance, repair, operation or removal of the Generator and compliance with law obligations all related equipment. All costs and expenses related to, or connected with, the use, erection, installation, maintenance, repair and operation of the Generator and/or the Fuel Tank shall be the responsibility of Tenant. Upon the expiration of the Term or upon earlier termination, if Landlord so directs by written notice to Tenant given at least six (6) months in advance of the Expiration Date, Tenant shall promptly remove the Generator, the Fuel Tank and related equipment, and Tenant shall repair any damage to the portion or portions of the Premises and/or Property caused by or resulting from such removal by Tenant. Tenant shall promptly notify Landlord in writing of any spill, release or discharge of fuel or other Hazardous Materials related to the Generator and/or Fuel Tank and acknowledges and that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Building. Tenant shall be entitled to operate the Generator and such connections to the Building for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. All repairs and maintenance and compliance with laws with respect to the Generator shall be the sole responsibility of Tenant (at Tenant’s sole cost and expense), and Landlord makes no representation or warranty of any kind with respect to such Generator. The Generator shall be deemed to be a part of the Premises for purposes of the insurance provisions of this Lease, as amended hereby, and, in addition, Tenant shall maintain, at Tenant’s cost, industry standard “boiler and machinery” insurance coverage with respect thereto. At Landlord’s request, Tenant shall be required to remove the Generator and restore such area to the condition that existed prior to the installation of the Generator upon the expiration or earlier termination of this Lease. 1.2 Tenant shall indemnify, defend, protect, defend and hold Landlord harmless Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors from in connection with any and all loss, cost, damage, expense and claim or liability (including, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with or arising from 1131701.06/SF372493-00050/1-31-20/pwn/pwn -38- any cause related to or connected with the use, operation, and/or repair out of the Generator and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in connection with the Generator. In the event that Tenant shall fail to comply with the requirements set forth herein, without limitation of Landlord’s other remedies (a) Landlord shall have the right to terminate Tenant’s rights with respect to the Generator, and/or (b) Landlord shall have the right, at Tenant’s sole cost and expense, to cure such breach, in which event Tenant shall be obligated to pay to Landlord, within ten (10) days following demand by Landlord, the amount expended by Landlord, plus Landlord’s standard administration fee. [no further text on this page] 1131701.06/SF372493-00050/1-31-20/pwn/pwn -39-same.

Appears in 1 contract

Sources: Lease Agreement (Hims & Hers Health, Inc.)

Generator. 1.1 Subject to the terms hereof and applicable laws, a. Tenant shall have the right to use install one (1) back-up electrical generator of a type, size and specifications reasonably approved by Landlord (the “Generator”) in a location reasonably approved by mutually acceptable to Landlord and Tenant (the “Generator Area”). In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the Building by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor)Building. Tenant shall be responsible for obtaining all permits and other approvals required by any governmental or quasi-governmental authority in connection with the operation and use of the Generator, and Tenant shall be solely responsible for any and all costs, if any, incurred by Landlord as a result of or in connection with ▇▇▇▇▇▇’s operation and Tenant's installation, operation, use and/or removal of the Generator. In the event that Landlord shall incur any costs as a result of or in connection with the rights granted to Tenant herein, Tenant shall reimburse Landlord for the same within ten thirty (1030) days following billing. If required by Landlord, Tenant, at Tenant's sole cost and expense, shall install screening, landscaping or other improvements satisfactory to Landlord (in Landlord's sole discretion) in order to satisfy Landlord's aesthetic requirements in connection with the Generator. Subject to Landlord's prior approval of all plans and specifications, which approval shall not be unreasonably withheld, and at Tenant's sole cost and expense, Landlord shall permit Tenant to install and maintain the Generator in the Generator Area, and connections between the Generator and Landlord's electrical systems in the Building, all in compliance with all applicable laws. Without limitation of the foregoing, all conditions relating to the installation, connection, use, repair and removal of the Generator (including, without limitation, the manner and means of Tenant's connection of the Generator to the core of the Building and/or through the Building risers to the Premises) shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld and otherwise subject to the provisions of this Lease related to the performance of improvements within the Premises. Tenant shall be responsible for all maintenance and repairs and compliance with law obligations related to the Generator and acknowledges and that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Building. Tenant shall be entitled submit the specifications for design, operation, installation and maintenance of the connections to operate the Generator and facilities related thereto to Landlord for Landlord's consent, which consent will not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such connections to reasonable requirements imposed by Landlord, based on the advice of Landlord's engineers, so that the Building's systems or other components of the Building for testing are not adversely affected by the installation and regular maintenance only operation of the Generator and/or based upon notice to Landlord and at times reasonably approved other reasonable factors as determined by Landlord. All repairs The cost of design (including engineering costs) and maintenance and compliance with laws with respect to installation of the Generator and the costs of the Generator itself shall be the Tenant's sole responsibility of Tenant (at Tenant’s sole cost and expense), and Landlord makes no representation or warranty of any kind with respect to such Generatorresponsibility. The Generator shall be deemed to be a part of the Premises for purposes of the insurance provisions of this Lease, as amended hereby, and, in addition, 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -65- b. Tenant shall maintain, at Tenant’s 's cost, industry standard “boiler and machinery” insurance coverage with respect thereto. At Landlord’s request, Tenant shall be required to remove the Generator and restore such area to the condition that existed prior to the installation of the Generator upon the expiration or earlier termination of this Lease. 1.2 Generator. Tenant shall indemnify, defend, protect, and hold harmless Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors from any and Landlord for all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys’ fees) Claims incurred in connection with or arising from 1131701.06/SF372493-00050/1-31-20/pwn/pwn -38- any cause related to or connected with the installation, use, operation, repair and/or repair removal of the Generator and/or any other than to the extent caused by the acts, omissions or negligence of Tenant or of any person claiming byLandlord. c. At Landlord's option, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in connection with the Generator. In the event Landlord may require that Tenant shall fail remove the Generator and all related facilities and equipment upon the expiration or earlier termination of this Lease, and repair all damage to comply with the requirements set forth herein, without limitation Building resulting from such removal and restore all affected areas to their condition existing prior to Tenant's installation of Landlord’s other remedies (a) Landlord shall have the right to terminate Tenant’s rights with respect to the Generator, and/or (b) Landlord shall have the right, all at Tenant’s 's sole cost and expense, to cure such breach, in which event Tenant shall be obligated to pay to Landlord, within ten (10) days following demand by Landlord, the amount expended by Landlord, plus Landlord’s standard administration fee. [no further text on this page] 1131701.06/SF372493-00050/1-31-20/pwn/pwn -39-.

Appears in 1 contract

Sources: Office Lease (Warner Music Group Corp.)

Generator. 1.1 Subject to A. During the terms hereof Lease Term, Tenant, at its sole cost and applicable lawsexpense, Tenant shall have the right to use install one (1) back-up electrical lawfully permitted generator of a typeand related equipment (collectively, size and specifications reasonably approved by Landlord (the “GeneratorGenerator Equipment”) in a location reasonably approved by Landlord on the lower roof of the Building (i.e., the roof above the eighteenth (18th) floor) (the “Generator AreaSpace”). In no event shall Tenant permit , and cabling, plumbing and other equipment necessary to service the Generator Equipment and to connect the same to its fuel source, as described below, and to connect to the Premises. The Generator Equipment shall not unreasonably interfere with normal the use and customary use or operation of the Building Building. Tenant’s installation, use, maintenance, repair and removal of the Generator Equipment shall be governed by Landlord the terms and conditions of this Article 31. B. Tenant, at its sole cost and expense, shall submit to Landlord, for Landlord’s approval (not to be unreasonably withheld, conditioned or other tenants and/or occupants delayed), a full set of engineering plans and specifications for the proposed Generator Equipment installation (including, without limitation, specifications for any natural gas connection required for Tenant’s operation of the Generator Equipment), such approval not to be unreasonably withheld. C. Tenant, at its sole cost and expense, shall make all required conduit or cable connections between Tenant’s equipment in the Premises and the Generator Equipment, subject to (i) Tenant’s prompt payment of reasonable costs for such services, and (ii) approval of such connections by means Landlord (not to be unreasonably withheld, conditioned or delayed). D. Tenant, at its sole cost and expense, shall obtain and maintain all necessary municipal, state and federal permits and authorizations required to lawfully install, maintain and operate the Generator Equipment, and pay any charges levied by government agencies or utility companies which are related to the Generator Equipment or the usage of the Generator Equipment. Notwithstanding anything contained herein to the contrary, Landlord agrees to use commercially reasonable efforts to assist Tenant in obtaining any necessary permits and approvals for the Generator Equipment, at no cost to Landlord. E. Any testing and other uses of the Generator Equipment that may create noise or odor)other disruptions to the Building or other tenants thereof (other than normal operations during power shortages) shall be conducted after the Normal Business Hours of the Building. Tenant shall be responsible for obtaining all permits and other approvals required by provide Landlord with reasonable prior written notice of any governmental or quasi-governmental authority in connection with the operation and use such testing of the GeneratorGenerator Equipment. F. Upon the expiration or earlier termination of the Lease Term, Tenant, at its sole cost and expense, shall remove the Generator Equipment from the Generator Space and surrender and restore the Generator Space to Landlord in as good condition as when entered, reasonable wear and tear and damage by casualty or condemnation excepted. G. The liability insurance to be carried by Tenant pursuant to the provisions of this Lease shall include coverage for Tenant’s activity in the Generator Space, and Tenant shall be solely responsible for any and all costs, if any, incurred by Landlord as a result of or in connection with ▇▇▇▇▇▇’s operation and use of the Generator. In the event that Landlord shall incur any costs as a result of or in connection with the rights granted to Tenant herein, Tenant shall reimburse Landlord for the same within ten (10) days following billing. Tenant shall be responsible for all maintenance and repairs and compliance with law obligations related to the Generator and acknowledges and that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be used caused by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Building. Tenant shall be entitled to operate the Generator and such connections to the Building for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. All repairs and maintenance and compliance with laws with respect to the Generator shall be the sole responsibility of Tenant (at Tenant’s sole cost and expense), and Landlord makes no representation or warranty of any kind with respect to such Generator. The Generator shall be deemed to be a part of the Premises for purposes of the insurance provisions of this Lease, as amended hereby, and, in addition, Tenant shall maintain, at Tenant’s cost, industry standard “boiler and machinery” insurance coverage with respect thereto. At Landlord’s request, Tenant shall be required to remove the Generator and restore such area to the condition that existed prior to the installation of the Generator upon the expiration or earlier termination of this LeaseEquipment. 1.2 Tenant shall indemnify, defend, protect, and hold harmless Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors from any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with or arising from 1131701.06/SF372493-00050/1-31-20/pwn/pwn -38- any cause related to or connected with the use, operation, and/or repair of the Generator and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in connection with the Generator. In the event that Tenant shall fail to comply with the requirements set forth herein, without limitation of Landlord’s other remedies (a) Landlord shall have the right to terminate Tenant’s rights with respect to the Generator, and/or (b) Landlord shall have the right, at Tenant’s sole cost and expense, to cure such breach, in which event Tenant shall be obligated to pay to Landlord, within ten (10) days following demand by Landlord, the amount expended by Landlord, plus Landlord’s standard administration fee. [no further text on this page] 1131701.06/SF372493-00050/1-31-20/pwn/pwn -39-

Appears in 1 contract

Sources: Office Lease (Enernoc Inc)

Generator. 1.1 Subject to the terms hereof Lessor acknowledges that Lessee, at its sole cost and applicable lawsexpense, Tenant shall have the right to use one (1) back-up electrical may install an emergency generator of a type, size and specifications reasonably approved by Landlord (the “Generator”) in a location reasonably approved by Landlord (the “Generator Area”). In no event shall Tenant permit the Generator to interfere with normal and customary use or operation outside of the Building by Landlord or other tenants and/or occupants (includingon the roof of the Building, without limitationthe exact location of which to be subject to Lessor’s prior approval, by means of noise which approval shall not be unreasonably withheld, conditioned or odor)delayed. Tenant Lessee, at its sole cost, shall be responsible for obtaining all permits and other approvals required by any governmental approvals necessary with respect to the installation and operation of the generator. Lessor shall have no obligation to perform any maintenance or quasi-governmental authority repairs with respect to the generator, the cost of which shall be borne solely by Lessee. If the generator shall be located on the roof of the Building, the generator shall be properly screened to Lessor’s reasonable satisfaction. Lessor make no representation of the suitability of the roof of the Building for the installation thereof. If Lessor’s structural engineer deems it advisable that there be structural reinforcement of the roof in connection with the installation of the generator, Lessor shall perform same at Lessee’s cost and expense and Lessee shall not perform any such installation prior to the completion of any such structural reinforcement. Lessee, at its sole cost and expense, shall promptly repair any and all damage to the rooftop or to any other part of the Building caused by the installation, maintenance and repair, operation or removal of the generator. Lessee shall be responsible for all costs and expense for repairs of the roof which result from Lessee’s use of the roof for the construction, installation, maintenance, repair, operation and use of the Generatorgenerator. All installations made by Lessee on the rooftop or in any other part of the Building pursuant to the provisions of this Article 56 shall be at the sole risk of Lessee, and Tenant neither Lessor, nor any agent or employee of Lessor, shall be solely responsible or liable for any and all costsinjury or damage to, if anyor arising out of, the generator. Lessee’s indemnity under Article 33 shall apply with respect to the installation, maintenance, operations, presence or removal of the generator by Lessee. If the installation of the generator on the rooftop or act or omission relating thereto should revoke, negate or in any material manner impair or limit any roof warranty or guaranty obtained by Lessor, then Lessee shall reimburse Lessor for any loss or damage sustained incurred by Landlord Lessor as a result of such impairment or in connection with ▇▇▇▇▇▇’s operation and use of the Generatorlimitation. In the event EACH PARTY AGREES that Landlord shall incur any costs it will not raise or assert as a result of defense to any obligation under the Lease or in connection with make any claim that the rights granted Lease is invalid or unenforceable due to Tenant herein, Tenant shall reimburse Landlord for the same within ten (10) days following billing. Tenant shall be responsible for all maintenance and repairs and compliance with law obligations related to the Generator and acknowledges and that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Building. Tenant shall be entitled to operate the Generator and such connections to the Building for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. All repairs and maintenance and compliance with laws with respect to the Generator shall be the sole responsibility of Tenant (at Tenant’s sole cost and expense), and Landlord makes no representation or warranty of any kind with respect to such Generator. The Generator shall be deemed to be a part of the Premises for purposes of the insurance provisions failure of this Lease, as amended hereby, and, in addition, Tenant shall maintain, at Tenant’s cost, industry standard “boiler and machinery” insurance coverage with respect thereto. At Landlord’s request, Tenant shall be required to remove the Generator and restore such area to the condition that existed prior to the installation of the Generator upon the expiration or earlier termination of this Lease. 1.2 Tenant shall indemnify, defend, protect, and hold harmless Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors from any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with or arising from 1131701.06/SF372493-00050/1-31-20/pwn/pwn -38- any cause related to or connected with the use, operation, and/or repair of the Generator and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in connection with the Generator. In the event that Tenant shall fail document to comply with the ministerial requirements set forth hereinincluding, without limitation of Landlord’s but not limited to, requirements for corporate seals, attestations, witnesses, notarizations, or other remedies (a) Landlord shall have similar requirements, and each party hereby waives the right to terminate Tenant’s rights with respect assert any such defense or make any claim of invalidity or unenforceability due to any of the Generator, and/or (b) Landlord shall have the right, at Tenant’s sole cost and expense, to cure such breach, in which event Tenant shall be obligated to pay to Landlord, within ten (10) days following demand by Landlord, the amount expended by Landlord, plus Landlord’s standard administration fee. [no further text on this page] 1131701.06/SF372493-00050/1-31-20/pwn/pwn -39-foregoing.

Appears in 1 contract

Sources: Lease Agreement (Vonage Holdings Corp)

Generator. 1.1 Subject to the terms hereof and applicable laws, Tenant shall have the right to use one (1) back-up electrical generator of install, at a type, size and specifications reasonably approved location on the Property to be determined by Landlord in its sole and absolute discretion, an electrical generator/tank unit (the “"Generator”") in a location reasonably approved by Landlord to provide electrical power to the Premises during power outages, subject to the terms and conditions of this Lease and the following specific conditions: (the “Generator Area”). In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the Building by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor). a) Tenant shall be responsible for obtaining bear all permits costs and other approvals required by any governmental or quasi-governmental authority in connection expenses associated with the operation and use installation of the Generator, and Tenant shall be solely responsible for, and shall bear all costs and expenses associated with, the operation and maintenance thereof. Tenant understands and acknowledges that Landlord shall not be responsible for any and all costs, if any, incurred by Landlord as a result of or in connection with ▇▇▇▇▇▇’s the operation and use maintenance of the Generator. (b) The plans and specifications for the Generator, including the manner of its connection to the Building's electrical system, and the nature and location of conduit, shall be subject to the prior written approval of Landlord, which may be granted or withheld in Landlord's sole and absolute discretion. Tenant shall install the Generator in a good and safe manner in accordance with the terms and conditions of this Lease. Tenant shall provide reasonable notice to Landlord of the time and date upon which it desires to install such facilities. A representative of Landlord shall be present at the installation of the Generator in order to approve the methods of installation and performance thereof. (c) Tenant shall have the responsibility to secure all necessary approvals relating to the installation and operation of the Generator from state, federal and other governmental authorities. Further, Tenant shall construct, operate and maintain such facilities in accordance with all applicable laws, ordinances, rules and regulations and in compliance with the reasonable requirements of the insurers of the Building. (d) Tenant shall be responsible for the cost of repairs required to the Building arising out of the construction, installation, operation, maintenance, repair, replacement or removal of the Generator. In the event that furtherance thereof, Tenant agrees to indemnify, defend and hold Landlord shall incur harmless from an against any and all such costs or expenses (including reasonable attorneys fees) incurred by landlord as a result of or in connection with the rights granted to Tenant herein, Tenant shall reimburse Landlord for the same within ten (10) days following billing. Tenant shall be responsible for all maintenance and repairs and compliance with law obligations related to the Generator and acknowledges and that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Building. Tenant shall be entitled to operate the Generator and such connections to the Building for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. All repairs and maintenance and compliance with laws with respect to the Generator shall be the sole responsibility of Tenant (at Tenant’s sole cost and expense), and Landlord makes no representation or warranty of any kind with respect to such Generator. The Generator shall be deemed to be a part of the Premises for purposes of the insurance provisions of this Lease, as amended hereby, and, in addition, Tenant shall maintain, at Tenant’s cost, industry standard “boiler and machinery” insurance coverage with respect thereto. At Landlord’s request, Tenant shall be required to remove the Generator and restore such area to the condition that existed prior to the installation of the Generator upon the expiration or earlier termination of this Lease. 1.2 Tenant shall indemnify, defend, protect, and hold harmless Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors from any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with or arising from 1131701.06/SF372493-00050/1-31-20/pwn/pwn -38- any cause related to or connected with the use, operation, and/or repair of the Generator and/or any acts, omissions or negligence of Tenant in the construction, installation, operation, maintenance, repair, replacement or of any person claiming by, through or under Tenant, or removal of the contractorsGenerator and related equipment, agentsincluding all cable, servantswires, employeesconduit, invitees, guests or licensees of Tenant or any such person, in connection with the Generator. In the event that Tenant shall fail to comply with the requirements set forth herein, without limitation of Landlord’s other remedies and transformers related thereto. (ae) Landlord shall have the right no responsibility to terminate Tenant’s rights with respect to insure or maintain the Generator, and/or (b) Landlord shall have the rightand Tenant, at Tenant’s its sole cost and expense, shall be responsible for maintaining such insurance coverage with regard thereto as may be reasonably required by Landlord, including Pollution Liability coverage with limits of $1,000,000 each incident to cure such breach, in which event include cleanup and cost of defense. Both Tenant and Landlord should be reflected as named insureds. Tenant shall be obligated solely responsible for any damage or destruction to pay the Generator, regardless of the cause. (f) Tenant acknowledges that, as part of the installation of the Generator, Tenant may be required to Landlordinstall a concrete pad on which the Generator will be located in accordance with the specifications of the manufacturer of the Generator, within ten (10) days following demand or a structural engineer approved by Landlord, a spill containment field, and fencing or screening in order to obstruct the amount expended view of the Generator, the specifications for which are subject to approval by LandlordLandlord in its sole and absolute discretion. (g) Tenant shall pay all taxes of any kind or nature whatsoever levied upon the Generator facilities and all licensing fees, plus Landlord’s standard administration fee. [no further text on this page] 1131701.06/SF372493-00050/1-31-20/pwn/pwn -39-franchise fees and other taxes, expenses and other costs of any nature whatsoever relating to the construction, ownership, maintenance and operation of the Generator.

Appears in 1 contract

Sources: Lease Agreement (Network Access Solutions Corp)

Generator. 1.1 39.1 Subject to the terms hereof and applicable laws, Tenant shall have the right to use one (1) back-up electrical generator of a type, size and specifications reasonably approved by Landlord (the “"Generator”") in a location reasonably approved by Landlord (the “"Generator Area”"). In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the Building by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor). Tenant shall be responsible for obtaining all permits and other approvals required by any governmental or quasi-governmental authority in connection with the operation and use of the Generator, and Tenant shall be solely responsible for any and all costs, if any, incurred by Landlord as a result of or in connection with ▇▇▇▇▇▇’s 's operation and use of the Generator. In the event that Landlord shall incur any costs as a result of or in connection with the rights granted to Tenant herein, Tenant shall reimburse Landlord for the same within ten (10) days following billing. Tenant shall be responsible for all maintenance and repairs and compliance with law obligations related to the Generator and acknowledges and that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Building. Tenant shall be entitled to operate the Generator and such connections to the Building for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. All repairs and maintenance and compliance with laws with respect to the Generator shall be the sole responsibility of Tenant (at Tenant’s 's sole cost and expense), and Landlord makes no representation or warranty of any kind with respect to such Generator. The Generator shall be deemed to be a part of the Premises for purposes of the insurance provisions of this Lease, as amended hereby, and, in addition, Tenant shall maintain, at Tenant’s 's cost, industry standard “"boiler and machinery” " insurance coverage with respect thereto. At Landlord’s 's request, Tenant shall be required to remove the Generator and restore such area to the condition that existed prior to the installation of the Generator upon the expiration or earlier termination of this Lease.. 1131701.06/SF372493-00050/1-31-20/pwn/pwn -35- 1.2 39.2 Tenant shall indemnify, defend, protect, and hold harmless Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors from any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys’ ' fees) incurred in connection with or arising from 1131701.06/SF372493-00050/1-31-20/pwn/pwn -38- any cause related to or connected with the use, operation, and/or repair of the Generator and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in connection with the Generator. In the event that Tenant shall fail to comply with the requirements set forth herein, without limitation of Landlord’s 's other remedies (a) Landlord shall have the right to terminate Tenant’s 's rights with respect to the Generator, and/or (b) Landlord shall have the right, at Tenant’s 's sole cost and expense, to cure such breach, in which event Tenant shall be obligated to pay to Landlord, within ten (10) days following demand by Landlord, the amount expended by Landlord, plus Landlord’s 's standard administration fee. [no further text on this page] 1131701.06/SF372493-00050/1-31-20/pwn/pwn -39--36-

Appears in 1 contract

Sources: Lease (Dexcom Inc)

Generator. 1.1 Subject to the terms hereof and applicable laws, 35.1 Tenant shall have the right to use install one (1) natural gas-powered back-up electrical generator of or power source, similar in size to a typestandard residential whole-house generator for residential use, size and specifications reasonably approved by Landlord related fuel storage, concrete pad (if necessary), cabling and equipment (collectively, the “Generator”) in a location reasonably approved by Landlord adjacent to the entrance to the Premises and acceptable to Landlord, having a footprint not greater than twenty-five (25) square feet, at no additional cost throughout the “Lease Term, subject to the conditions of this Article 35. 35.2 The Generator Area”)shall be and remain the property of Tenant throughout the Term. In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the Building Business Center by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor). Tenant shall be responsible for obtaining all permits and other approvals required by any governmental or quasi-governmental authority in connection with the operation and use of the Generator, and Tenant shall be solely responsible for any and all costs, if any, incurred by Landlord as a result of or in connection with ▇▇▇▇▇▇’s operation and use the installation, operation, use, maintenance, repair and/or removal of the Generator. In the event that Landlord shall incur any costs as a result of or in connection with the rights granted to Tenant herein, Tenant ▇▇▇▇▇▇ shall reimburse Landlord for the same within ten thirty (1030) days following billingbilling and receipt of reasonable evidence of said costs. If required by Landlord, Tenant, at Tenant's sole cost and expense, shall install screening, landscaping or other improvements satisfactory to Landlord (in Landlord's reasonable discretion) in order to satisfy Landlord's aesthetic requirements in connection with the Generator. Subject to Landlord's prior approval of all plans and specifications, which approval shall not be unreasonably withheld, and at Tenant's sole cost and expense, Landlord shall permit Tenant to maintain the Generator and install connections between the Generator and the electrical systems in the Building, all in compliance with all applicable laws. Without limitation of the foregoing, all conditions relating to the installation, connection, use, maintenance, repair and removal of the Generator shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld and otherwise subject to the provisions of Article 8 of this Lease related to the performance of improvements within the Premises. Tenant shall be responsible for all maintenance and repairs and compliance with law obligations related to the Generator and acknowledges and that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Building. Tenant shall be entitled to operate the Generator and such connections to the Building for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant shall submit the specifications for design, operation, installation and maintenance of the connections to the Generator and facilities related thereto to Landlord for Landlord's consent, which consent will not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord's engineers, so that the Building's systems or other components of the Building are not adversely affected by the operation of the Generator and/or based upon other reasonable factors as determined by Landlord. The costs of the Generator shall be Tenant's sole responsibility. All repairs and maintenance and compliance with laws with respect to the Generator shall be the sole responsibility of Tenant (at Tenant’s 's sole cost and expense), and Landlord makes no representation or warranty of any kind with respect to such Generator. The Generator shall be deemed to be a part of the Premises for purposes of the insurance provisions of this Lease, as amended hereby, and, in addition, Tenant shall maintain, at Tenant’s 's cost, industry standard “"boiler and machinery” " insurance coverage with respect thereto. At Landlord’s request. 35.3 If Tenant installs a Generator as provided in Section 35.1 above, then Tenant shall have the right to remove the same and all related facilities and equipment prior to the expiration or earlier termination of this Lease, as amended (or upon any earlier termination of Tenant's rights with respect to the Generator as provided hereunder), and, in connection with such removal, Tenant shall be required repair all damage to the Building resulting from such removal and restore all affected areas to their condition existing prior to Tenant's installation of the Generator (including, without limitation, removal of any concrete pad and/or fencing installed by Tenant for such Generator), all at Tenant's sole cost and expense. In addition, at Landlord's option, Landlord may require that Tenant remove the Generator and restore such area to the condition that existed prior to the installation of the Generator all related facilities and equipment upon the expiration or earlier termination of this Lease. 1.2 , as amended (or upon any earlier termination of Tenant's rights with respect to the Generator as provided hereunder), and repair all damage to the Building resulting from such removal and restore all affected areas to their condition existing prior to Tenant's installation of the Generator, all at Tenant's sole cost and expense. The terms of the preceding sentence as well as the indemnity set forth below shall survive the termination or earlier expiration of the Lease, as amended. Tenant shall indemnify, defend, protect, and hold harmless Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors from any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys’ ' fees) incurred in connection with or arising from 1131701.06/SF372493-00050/1-31-20/pwn/pwn -38- any cause related to or connected with the use, operation, repair and/or repair removal of the Generator and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in connection with the Generator. In the event that Tenant shall fail to comply with the requirements set forth herein, without limitation of Landlord’s 's other remedies (a) Landlord shall have the right to terminate Tenant’s rights with respect to the Generator, and/or (b) Landlord shall have the right, at Tenant’s 's sole cost and expense, expense to cure such breach, in which event Tenant shall be obligated to pay to Landlord, within ten (10) days following demand by Landlord, the amount expended by Landlord, plus Landlord’s 's standard administration fee. [no further text on this page] 1131701.06/SF372493-00050/1-31-20/pwn/pwn -39-.

Appears in 1 contract

Sources: Lease (Talis Biomedical Corp)