Common use of Standby Generator Clause in Contracts

Standby Generator. (a) At any time during the Term, Tenant shall have the right, at Tenant's sole cost and expense, to install, operate, maintain, repair, replace, remove and use Standby Generator Installations (as defined below), upon and subject to the terms and conditions of this Section and this Lease. The "Standby Generator Installations" shall mean (i) a standby diesel generator to be installed or housed, along with its fuel tank, in a mobile van trailer to be parked on the Truck Court; (ii) wiring, cabling and conduit (subject to Subsection (b) below) from it to the separate electrical circuit(s) serving only the Premises, and all associated switchover equipment and circuits to connect & operate the generator on a standby basis without interference with or damage to any Building Systems or any other equipment of Landlord or other occupants of the Building; (iii) a diesel fuel storage tank with a capacity of not more than eight hundred (800) gallons located outside the Building, above-ground, in a fuel tank installed or housed in a mobile van trailer to be parked on the Truck Court; and (iv) all ancillary containment vessels, pipe, ventilation systems and equipment. The Standby Generator Installations shall be for the sole purpose of providing Tenant electrical power for its operation in the Premises in the event of any interruption in the supply of electricity, and shall not be used at any other times or in any other way except for occasional testing, as necessary. This right to Standby Generator Installations is further conditioned upon the following: (1) in all respects, such right shall be subject to Tenant seeking and obtaining from applicable governmental authorities and the electric utility serving the Real Property all approvals and permits to install, operate, maintain, repair, replace and use such Standby Generator Installations;

Standby Generator. (a) At any time during the Term, Tenant shall have the right, at Tenant's sole Tenant'ssole cost and expense, to install, operate, maintain, repair, replace, remove and removeand use Standby Generator Installations (as defined below), upon and subject to the tothe terms and conditions of this Section and this Lease. The "Standby Generator InstallationsGeneratorInstallations" shall mean (i) a standby diesel generator to be installed or housedorhoused, along with its fuel tank, in a mobile van trailer to be parked on the Truck theTruck Court; (ii) wiring, cabling and conduit (subject to Subsection (b) below) from below)from it to the separate electrical circuit(s) serving only the Premises, and all associated allassociated switchover equipment and circuits to connect & operate the generator on generatoron a standby basis without interference with or damage to any Building Systems or Systemsor any other equipment of Landlord or other occupants of the Building; (iii) a diesel adiesel fuel storage tank with a capacity of not more than eight hundred (800) gallons 800)gallons located outside the Building, above-ground, in a fuel tank installed or housed orhoused in a mobile van trailer to be parked on the Truck Court; and (iv) all ancillary allancillary containment vessels, pipe, ventilation systems and equipment. The Standby TheStandby Generator Installations shall be for the sole purpose of providing Tenant providingTenant electrical power for its operation in the Premises in the event of any interruption anyinterruption in the supply of electricity, and shall not be used at any other times othertimes or in any other way except for occasional testing, as necessary. This right Thisright to Standby Generator Installations is further conditioned upon the followingthefollowing: (1) in all respects, such right shall be subject to Tenant seeking and seekingand obtaining from applicable governmental authorities and the electric utility serving utilityserving the Real Property all approvals and permits to install, operate, ,maintain, repair, replace and use such Standby Generator Installations;; (2)except as otherwise specified above, the exact location, size and allspecifications of such Standby Generator Installations, shall be subject toLandlord's prior written approval, which shall not be unreasonably withheld; (3)without limiting the generality of any other provisions of this Lease, Tenantshall install, operate, maintain, repair, replace, remove and use StandbyGenerator Installations in compliance with this Lease, all Environmental Lawsand all other Laws; (4) without limiting the generality of any other provisionsof Section 7.02 below, the Standby Generator Installations, whether located inthe Premises or elsewhere at the Real Property, shall be subject to and coveredby the indemnity and all other provisions of Section 7.02 and shall be deemed to be in and part of thePremises for all purposes of Section 7.02; and (5) notwithstanding any provisionof this Lease to the contrary, Tenant shall, as of the expiration or earliertermination of this Lease, remove the Standby Generator Installations and allHazardous Material introduced to the Property by Tenant, an Affiliate of Tenant,or any occupant or user of all or part of the Premises permitted by Tenant or anAffiliate, or any employee, agent, contractor, customer or invitee of any ofthem, and restore the Property to its condition immediately prior to theinstallation of the Standby Generator Installations, all at Tenant's sole costand expense. Landlord has no obligation to seek or obtain from applicablegovernmental authorities or the electric utility serving the Real Property allapprovals and permits to install, operate, maintain, repair, replace, remove anduse such Standby Generator Installations. Provided however, upon Tenant'swritten request, Landlord will cooperate with Tenant in the event that requestsfor approval require the consent of Landlord or require that the request be madein the name of Landlord, but Tenant shall pay all costs in connection with suchcooperation, and such cooperation shall not subject Landlord to or result in anycost, expense, liability or obligation of Landlord. Landlord makes norepresentation or warranty either (i) as to whether or not the foregoingcomplies with Law or is or will be acceptable to or approved by applicablegovernmental authorities, the electric utility serving the Real Property or (ii)that adequate or suitable space exists at the Real Property for suchinstallations. (b) Any installations contemplated by this Section 6.07 shall be part ofthe Tenant Work pursuant to the Workletter if proposed to be done preparatory toor in connection with Tenant's initial occupancy of the Premises and, ifproposed to be done thereafter, shall be Tenant Alterations subject to ArticleNine and the location and method of installation of conduits and relatedequipment in any of the Building's horizontal and vertical pathways shall besubject to the prior written approval of Landlord, in its reasonable discretion.Further, Tenant's employees, agents or contractors who shall install, maintain,repair, replace or remove any installations contemplated by this Section 6.07shall be subject to Landlord's prior written approval, in its reasonablediscretion, and to the extent any such work is to be done outside the Premisesin conduits or the Building's horizontal or vertical pathways or similar areaswhose use is shared by Landlord or other occupants of the Building or otherservice providers to the Building, such work shall be subject to the directionof Landlord, and Landlord reserves the right to restrict and control access tosuch areas. All installations pursuant to this Section 6.07 (whether as part ofor after the initial installations) and their maintenance, repair, removal anduse shall not adversely affect the operation, maintenance or replacement of anyBuilding Systems, and shall be subject to compliance with other provisions ofthis Lease. Without limiting the generality of the foregoing, Tenant shall beresponsible to provide all switchover equipment and circuits to connect &operate the generator on a standby basis without interference with or damage toany Building Systems or any other equipment of Landlord or other occupants ofthe Building. With respect to all operations (including all installations,maintenance, repair, removal and use) with respect to this Section 6.07, Tenantshall conduct its business and control its agents, employees and invitees insuch manner as not to create any nuisance, or interfere with, annoy or disturbany other licensee or tenant of the Building or Landlord in its operation of theBuilding. With respect to all conduit for electrical connections contemplated bythis Section 6.07, Landlord shall permit Tenant to install a single conduit (nolarger than three (3) inch conduit) to connect Tenant's standby generator to theseparate electrical circuit(s) serving only the Premises.