Common use of Operation and Maintenance of Generator Clause in Contracts

Operation and Maintenance of Generator. In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the Building and Project by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor). Tenant shall be responsible, at Tenant’s sole cost and expense, for all maintenance and repairs and compliance with Law obligations (including, without limitation, any Department of Ecology requirements imposed with respect to the fuel tank) with respect to the Generator, and Tenant acknowledges and that Landlord shall have no responsibility in connection with the Generator and that Landlord shall not be liable for any damage that may occur with respect to the Generator, provided that Landlord shall remain liable for property damage to the Generator to the extent caused by Landlord’s negligence or willful misconduct. Without limitation of the foregoing provisions of this Section 6.5.2, all matters (including all plans and specifications) relating to the installation, connection, use, maintenance, repair, compliance with Laws, and removal of the Generator (including, without limitation, the manner and means of Tenant’s connection of the Generator to the electrical systems of the Building) shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld 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 Systems or other components of the Building and the occupants of the Building are not adversely affected by the installation and operation of the Generator, and/or based upon other reasonable factors as determined by Landlord. In the event that Tenant shall fail to comply with the requirements set forth herein within a reasonable period of time following notice from Landlord (provided that no notice shall be required in the case of an emergency), without limitation of Landlord’s other remedies, 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 thirty (30) days following demand by Landlord, the amount expended by Landlord. Tenant shall maintain, at Tenant’s cost, industry standard “boiler and machinery” insurance coverage with respect to the Generator.

Operation and Maintenance of Generator. In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the Building and Project by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor). Tenant shall be responsible, at Tenant’s 's sole cost and expense, for all maintenance and repairs and compliance with applicable Law obligations (including, without limitation, any San Xxxx Department of Ecology Public Health requirements imposed with respect to the fuel tank) with respect to the Generator, and Tenant acknowledges and that Landlord shall have no responsibility in connection with the Generator and that Landlord shall not be liable for any physical damage that may occur with respect to the Generator, provided that Landlord shall remain liable for property damage to the Generator (except to the extent of property damage caused by Landlord’s 's gross negligence or willful misconduct, subject to Section 10.5, below). Without limitation of the foregoing provisions of this Section 6.5.2, all matters (including all plans and specifications) relating to the location, installation, connection, use, maintenance, repair, compliance with Laws, and removal of the Generator (including, without limitation, the manner and means of Tenant’s 's connection of the Generator to the electrical systems of the Building) shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld withheld, conditioned or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord’s 's engineers, so that the Landlord's Building Systems and Tenant's Building Systems or other components of the Building and the occupants of the Building Project are not adversely affected by the installation and operation of the Generator, and/or based upon other reasonable factors as determined by Landlord. Tenant shall provide Landlord with a copy of all permits, logs and maintenance records for the Generator within five (5) business days of Landlord's request. In the event that Tenant shall fail to comply with the requirements set forth herein within a reasonable period of time following herein, after notice from Landlord (and opportunity to cure as provided that no notice shall be required for in the case of an emergency)Section 19.1.2, without limitation of Landlord’s 's other remedies, (i) Landlord shall have the right to terminate Tenant's rights with respect to the Generator, and/or (ii) 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 thirty (30) days following demand by Landlord, the amount expended by Landlord, plus Landlord's standard administration fee in an amount not to exceed three percent (3%) of the cost of the work. Tenant The Generator and Generator Area shall maintainbe deemed to be a part of the Premises for purposes of this Lease; provided, at Tenant’s costhowever, industry standard “boiler and machinery” insurance coverage with respect to that the Generatorsquare footage of the Generator Area shall not be included in the rentable square footage of the Premises.

Operation and Maintenance of Generator. In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the Building and Project by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor). Tenant shall be responsible, at Tenant’s sole cost and expense, for all maintenance and repairs and compliance with Law law obligations (including, without limitation, any Department of Ecology requirements imposed with respect to the fuel tank) with respect to the Generator, and Tenant acknowledges and that Landlord shall have no responsibility in connection with the Generator and that Landlord shall not be liable for any damage that may occur with respect to the Generator, provided that Landlord shall remain liable for property damage to the Generator to the extent caused by Landlord’s negligence or willful misconduct. Without limitation of the foregoing provisions of this Section 6.5.24.2, all matters (including all plans and specifications) relating to the installation, connection, use, maintenance, repair, compliance with Lawslaws, and removal of the Generator (including, without limitation, the manner and means of Tenant’s connection of the Generator to the electrical systems of the Building) shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld 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 Systems or other components of the Building and the occupants of the Building are not adversely affected by the installation and operation of the Generator, and/or based upon other reasonable factors as determined by Landlordwithheld. In the event that Tenant shall fail to comply with the requirements set forth herein within a reasonable period of time following notice from Landlord (provided that no notice shall be required in the case of an emergency)herein, without limitation of Landlord’s other remedies, 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 thirty ten (3010) days Business Days following demand by Landlord, the amount expended by Landlord, plus Landlord’s standard administration fee. The Generator and Generator Area shall be deemed to be a part of the Premises for purposes of the indemnity and insurance provisions of this Lease, and, in addition, Tenant shall maintain, at Tenant’s cost, industry standard “boiler and machinery” insurance coverage with respect to the Generatorthereto.

Operation and Maintenance of Generator. In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the Building and Project by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor). Tenant shall be responsible, at Tenant’s 's sole cost and expense, for all maintenance and repairs and compliance with Law law obligations (including, without limitation, any Department of Ecology requirements imposed with respect to the fuel tank) with respect to the Generator, and Tenant acknowledges and that Landlord shall have no responsibility in connection with the Generator and that Landlord shall not be liable for any physical damage that may occur with respect to the Generator, provided that Landlord shall remain liable for property damage to the Generator except to the extent caused by Landlord’s the negligence of Landlord or willful misconducta Landlord Party. Without limitation of the foregoing provisions of this Section 6.5.26.4.2, all matters (including all plans and specifications) relating to the installation, connection, use, maintenance, repair, compliance with Lawslaws, and removal of the Generator (including, without limitation, the manner and means of Tenant’s 's connection of the Generator to the electrical systems of the Building) shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord’s 's engineers, so that the Building Systems Building's systems or other components of the Building and the occupants of the Building are not adversely affected by the installation and operation of the Generator, and/or based upon other reasonable factors as determined by Landlord. In the event that Tenant shall fail to comply with the requirements set forth herein within a reasonable period of time following herein, after notice from Landlord (and opportunity to cure as provided that no notice shall be required for in the case of an emergency)Section 19.1.2, without limitation of Landlord’s 's other remedies, (i) Landlord shall have the right to terminate Tenant's rights with respect to the Generator, and/or (ii) Landlord shall have the right, at Tenant’s 's sole cost and expense, to cure such breach, in which event Tenant shall 760812.06/WLA375983-00004/11-2-16/ejs/ejs 21 COLORADO CENTER[2400 Broadway][Kite Pharam, Inc.] be obligated to pay to Landlord, within thirty ten (3010) days following demand by Landlord, the amount expended by Landlord, plus Landlord's standard administration fee. The Generator and Generator Area shall be deemed to be a part of the Premises for purposes of the insurance provisions of this Lease, and, in addition, Tenant shall maintain, at Tenant’s 's cost, industry standard “"boiler and machinery” " insurance coverage with respect to the Generatorthereto.