Common use of Tenant’s Emergency Generator Clause in Contracts

Tenant’s Emergency Generator. In the event Tenant wishes to install a separate generator to provide back-up generator services to the Premises instead of the existing Emergency Generator, subject to the receipt of all necessary approvals from the applicable governmental authority, Tenant shall have the right to install a back-up generator in the Premises, or outside the Premises in the location reasonably designated by Landlord (subject to the same being approved by the city), as an Alteration (in which case such installation shall be governed by the terms of Article 8) (the “Tenant Generator”). Tenant acknowledges that Landlord has not made any representation regarding the receipt of approvals for the Tenant Generator, and if Tenant is unable for any reason to receive such approvals, Landlord shall not be liable for any damages resulting therefrom. In the event such Tenant Generator is installed, then during the Lease Term, Tenant shall maintain such Tenant Generator at Tenant’s sole cost and expense. Notwithstanding the foregoing, Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Tenant Generator, or the failure of the Tenant Generator to provide suitable or adequate back-up power to the Premises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Premises and any and all income derived or derivable therefrom. Tenant’s obligations with respect to the Premises, including the insurance and indemnification obligations contained in Article 10, below, shall apply to Tenant’s use of the Tenant Generator and Tenant shall carry industry standard Boiler and machinery insurance covering the Tenant Generator. Tenant shall maintain all required permits in connection with the Tenant Generator throughout the Lease Term. If installed, at Landlord’s election prior to the expiration or earlier termination of this Lease, Tenant shall either (A) leave the Tenant Generator in place, in which event Tenant shall surrender the Generator (and shall transfer to Landlord all permits maintained by Tenant in connection with the Generator during the Lease Term) concurrent with the surrender of the Premises to Landlord as required hereunder in good operating and working order, with all permits current, or (B) remove the Tenant Generator prior to the expiration or earlier termination of this Lease, and repair all damage to the Building and Premises resulting from such removal, at Tenant’s sole cost and expense. In the event that Landlord fails to expressly elect to have the Tenant Generator left in place upon the expiration or earlier termination of this Lease, then Landlord shall be deemed to have elected to have Tenant remove such Tenant Generator.

Tenant’s Emergency Generator. In the event Tenant wishes to install a separate generator to provide back-up generator services (a) Subject to the Premises instead provisions of the existing Emergency Generator, subject to the receipt of all necessary approvals from the applicable governmental authoritySection 9.9, Tenant shall have the right to install construct, install, operate, and use on a backportion of the Roof Space reasonable acceptable to Landlord, a diesel-up powered electric generator in the Premisesand other related equipment, or outside the Premises in the location reasonably designated by Landlord including mountings and supports (subject to the same being approved by the city)collectively, as an Alteration (in which case such installation shall be governed by the terms of Article 8) (the “Tenant Tenant’s Generator”). Tenant acknowledges that shall have the right to connect Tenant’s Generator to one of the Building’s diesel fuel tanks as designated by Landlord, and Landlord has not made any representation regarding shall make diesel fuel available to Tenant from such fuel tank. Tenant shall notify Landlord, within 90 days after the receipt Commencement Date, of approvals the capacity of Tenant’s Generator and the number of gallons of diesel fuel Tenant desires Landlord to reserve for Tenant’s consumption. Tenant shall pay to Landlord for making such diesel fuel available to Tenant a one-time fee equal to Fifty and 00/100 Dollars ($50.00) multiplied by the number of gallons of diesel fuel so reserved for Tenant of fuel on the date on which Landlord makes such diesel fuel available to Tenant. Tenant shall reimburse Landlord for Landlord’s actual cost for diesel fuel consumed by Tenant’s Generator, as indicated on a meter to be installed by Landlord, at Tenant’s expense, at a point designated by Landlord along the fuel line connecting such fuel tank to Tenant’s Generator. In addition, Tenant shall pay for all fuel lines, pumps, piping, meters and other equipment or installations necessary for the Tenant Generator, and if Tenant is unable for any reason operation of Tenant’s Generator as provided in this Section 9.10. Subject to receive such approvalsthe rights of other tenants in the Building, Landlord shall not be liable make available to Tenant access to the roof for any damages resulting therefromthe construction, installation, maintenance, repair, operation and use of Tenant’s Generator. In the event such Tenant Generator is installed, then during the Lease Term, Tenant shall maintain such Tenant Generator at be responsible for all reinforcement and bracing necessary to enable the roof of the Building to support Tenant’s sole cost and expenseGenerator. Notwithstanding the foregoing, Landlord shall not be liable If Tenant requires riser space for any damages whatsoever resulting from any failure in operation of the Tenant Generator, or the failure of the Tenant electrical conduits connecting Tenant’s Generator to provide suitable or adequate back-up power to the Premises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Premises and any and all income derived or derivable therefrom. for fuel lines connection Tenant’s obligations with respect Generator to the PremisesBuilding fuel tank designated by Landlord, including then, subject to the insurance and indemnification obligations contained rights of other tenants in Article 10the Building, below, Landlord shall apply make such riser space available to Tenant as provided in Section 9.11. References herein to Tenant’s use of the Tenant Generator and Tenant shall carry industry standard Boiler and machinery insurance covering the Tenant Generator. Tenant shall maintain all required permits in connection with the Tenant Generator throughout the Lease Term. If installed, at Landlord’s election prior to the expiration or earlier termination of this Lease, Tenant shall either (A) leave the Tenant Generator in place, in which event Tenant shall surrender the Generator (and shall transfer to Landlord all permits maintained by Tenant in connection with the Generator during the Lease Term) concurrent with the surrender of the Premises to Landlord as required hereunder in good operating and working order, with all permits current, or (B) remove the Tenant Generator prior to the expiration or earlier termination of this Lease, and repair all damage to the Building and Premises resulting from such removal, at Tenant’s sole cost and expense. In the event that Landlord fails to expressly elect to have the Tenant Generator left in place upon the expiration or earlier termination of this Lease, then Landlord shall be deemed to have elected to have Tenant remove include such Tenant Generatorriser and the electrical conduits and fuel line appurtenant thereto.

Tenant’s Emergency Generator. In the event Tenant wishes to install a separate generator (i.e., in addition to the existing emergency generator) to provide back-up generator services to the Premises instead of the existing Emergency GeneratorPremises, subject to the receipt of all necessary approvals from the applicable governmental authority, Tenant Tenant, at Tenant's sole cost and expense, shall have the right to install a back-up generator in the Premises, or outside the Premises in the location reasonably designated by Landlord (subject to the same being approved by the city), as an Alteration (in which case such installation shall be governed by the terms of Article 8) (the “"Tenant Generator”"). Such Tenant Generator shall be installed pursuant to plans and specifications approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant acknowledges that Landlord has not made any representation regarding the receipt of approvals for the Tenant Generator, and if Tenant is unable for any reason to receive such approvals, Landlord shall not be liable for any damages resulting therefrom. In the event such Tenant Generator is installed, then during the Lease Term, Tenant shall maintain such Tenant Generator at Tenant’s 's sole cost and expense. Notwithstanding the foregoing, Landlord shall not be liable for any damages whatsoever resulting from any failure in 792986.06/WLA 186772-00003/2-28-19/gjn/gjn -10- Xxxxxxx Xxxx Development, LLC [285 East Grand Avenue] [Unity Biotechnology, Inc.] operation of the Tenant Generator, or the failure of the Tenant Generator to provide suitable or adequate back-up power to the Premises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Premises and any and all income derived or derivable therefrom. Tenant’s 's obligations with respect to the Premises, including the insurance and indemnification obligations contained in Article 10, below, shall apply to Tenant’s 's use of the Tenant Generator and Tenant shall carry industry standard Boiler and machinery insurance covering the Tenant Generator. Tenant shall maintain all required permits in connection with the Tenant Generator throughout the Lease Term. If installed, at Landlord’s 's election prior to the expiration or earlier termination of this Lease, Tenant shall either (A) leave the Tenant Generator in place, in which event Tenant shall surrender the Generator (and shall transfer to Landlord all permits maintained by Tenant in connection with the Generator during the Lease Term) concurrent with the surrender of the Premises to Landlord as required hereunder in good operating and working order, reasonable wear and tear and damage by casualty excepted, with all permits current, or (B) remove the Tenant Generator prior to the expiration or earlier termination of this Lease, and repair all damage to the Building and Premises resulting from such removal, at Tenant’s 's sole cost and expense. In the event that Landlord fails to expressly elect to have the Tenant Generator left in place removed upon the expiration or earlier termination of this Lease, then Landlord shall be deemed to have elected to have Tenant remove such Tenant GeneratorGenerator left in place.

Tenant’s Emergency Generator. In (a) If Landlord elects, in accordance with the event provisions of Section 9.6(a), to permit Tenant wishes to install an emergency generator, then Landlord will grant to Tenant, for Tenant's own use and not for resale purposes, a separate non-exclusive license of sufficient space in the Building, at a location designated by Landlord in its sole discretion (the "Generator Space"), for the construction, installation, operation and use by Tenant of a diesel-powered electric generator to provide back-up generator services with a capacity adequate for Tenant's additional emergency power requirements, in Landlord's reasonable judgment, and other related equipment, including mountings and supports (collectively, "Tenant's Generator"). Subject to the Premises instead availability of diesel fuel in the existing Emergency Generator, subject to the receipt of all necessary approvals from the applicable governmental authorityBuilding's fuel system, Tenant shall have the right to install connect Tenant's Generator to one of the Building's diesel fuel tanks as designated by Landlord and to reserve a backminimum of four thousand (4,000) gallons of diesel fuel. Tenant shall pay to Landlord a one-up generator time fee at Landlord's then-current rates for the diesel fuel so reserved for Tenant, as Additional Rent within ten (10) Business Days after demand by Landlord; Landlord's current fee for diesel fuel is Fifty and 00/100 Dollars ($50.00) per gallon of fuel reserved. Tenant shall reimburse Landlord for Landlord's actual cost for diesel fuel consumed by Tenant's Generator, as indicated on a meter to be installed by Landlord, at Tenant's expense, at a point designated by Landlord along the fuel line connecting such fuel tank to Tenant's Generator. Tenant shall pay for all fuel lines, pumps, piping, meters and other equipment or installations necessary for the operation of Tenant's Generator as provided in this Section 9.7. Landlord shall make available to Tenant reasonable access to the Generator Space for the construction, installation, maintenance, repair, operation and use of Tenant's Generator. Tenant shall be responsible for all reinforcement and bracing necessary to enable the floor of the Generator Space to support Tenant's Generator. If Tenant requires riser space for electrical conduits connecting Tenant's Generator to the Premises, or outside for fuel lines connecting Tenant's Generator to the Premises Building fuel tank designated by Landlord, then, subject to availability of riser space in the location reasonably designated by Landlord (subject to the same being approved by the city), as an Alteration (in which case such installation shall be governed by the terms of Article 8) (the “Tenant Generator”). Tenant acknowledges that Landlord has not made any representation regarding the receipt of approvals for the Tenant Generator, and if Tenant is unable for any reason to receive such approvalsBuilding, Landlord shall not be liable for any damages resulting therefrommake such riser space available to Tenant as provided in Section 9.8. In the event such Tenant Generator is installed, then during the Lease Term, Tenant shall maintain such Tenant Generator at Tenant’s sole cost and expense. Notwithstanding the foregoing, Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Tenant Generator, or the failure of the Tenant Generator to provide suitable or adequate back-up power to the Premises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Premises and any and all income derived or derivable therefrom. Tenant’s obligations with respect to the Premises, including the insurance and indemnification obligations contained in Article 10, below, shall apply References herein to Tenant’s use of the Tenant 's Generator and Tenant shall carry industry standard Boiler and machinery insurance covering the Tenant Generator. Tenant shall maintain all required permits in connection with the Tenant Generator throughout the Lease Term. If installed, at Landlord’s election prior to the expiration or earlier termination of this Lease, Tenant shall either (A) leave the Tenant Generator in place, in which event Tenant shall surrender the Generator (and shall transfer to Landlord all permits maintained by Tenant in connection with the Generator during the Lease Term) concurrent with the surrender of the Premises to Landlord as required hereunder in good operating and working order, with all permits current, or (B) remove the Tenant Generator prior to the expiration or earlier termination of this Lease, and repair all damage to the Building and Premises resulting from such removal, at Tenant’s sole cost and expense. In the event that Landlord fails to expressly elect to have the Tenant Generator left in place upon the expiration or earlier termination of this Lease, then Landlord shall be deemed to have elected include such riser and the electrical conduits and fuel lines appurtenant thereto. If Tenant's Generator generates noise or exhaust likely, in Landlord's judgment, to have disturb other tenants or occupants of the Building, then Tenant remove such Tenant Generatorshall install sound attenuated acoustic enclosures or additional venting, as the case may be.

Tenant’s Emergency Generator. In the event Tenant wishes Subject to install a separate generator Legal Requirements and Landlord’s prior written approval of plans and specifications therefor pursuant to provide back-up generator services to the Premises instead of the existing Emergency Generator, subject to the receipt of all necessary approvals from the applicable governmental authoritySection 5.9 below, Tenant shall have the right to install a back-up generator in the Premisesmay install, or outside the Premises operate and maintain, in the location reasonably designated by Landlord (subject shown on Exhibit A-3 attached or another location mutually agreed to the same being approved by the city), as an Alteration (in which case such installation shall be governed by the terms of Article 8) parties (the “Tenant GeneratorEmergency Generator Location”). Tenant acknowledges that Landlord has not made any representation regarding , an emergency generator and equipment related thereto (collectively, the receipt of approvals for the Tenant Generator, and if Tenant is unable for any reason to receive such approvals, Landlord shall not be liable for any damages resulting therefrom. In the event such Tenant Generator is installed, then during the Lease Term, Tenant shall maintain such Tenant Generator “Emergency Back-up Equipment”) at Tenant’s sole cost and expense. Notwithstanding Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, to the foregoingEmergency Back-up Equipment, provided, however, subject to Legal Requirements and Landlord’s prior written approval of plans and specifications therefor, Tenant may also install, maintain and operate necessary utility connections between the Emergency Back-up Equipment and the Premises (which utility connections shall be deemed part of the Emergency Back-up Equipment). Landlord may, in its sole and absolute discretion, require Tenant, at Landlord’s cost, to relocate any or all of the Emergency Back-up Equipment to a location with comparable functionality, which relocation shall be performed by Tenant (or Landlord, at Tenant’s request) within a reasonable period following such request (taking into account any reasonable time necessary to obtain permits and approvals for such work, Tenant hereby agreeing to use commercially reasonable good faith efforts to obtain the same and to promptly commence and prosecute to completion such relocation thereafter). Landlord agrees to require such relocation no more than once during the Term (provided that such limitation shall not apply to temporary relocations required in connection with any required maintenance, repair or replacement of the Emergency Generator Location by Landlord). Landlord’s approval of the Emergency Back-up Equipment shall not be liable unreasonably withheld, conditioned or delayed. Tenant shall be responsible for the cost of repairing and maintaining the Emergency Back-up Equipment in good order, condition and repair and in compliance with Legal Requirements and for the cost of repairing any damages whatsoever resulting from damage to the Building, or the cost of any failure in necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of the Emergency Back-up Equipment. Landlord makes no warranties or representations to Tenant as to the suitability of the Emergency Generator Location for the installation and operation of the Tenant Generator, or the failure of the Tenant Generator to provide suitable or adequate backEmergency Back-up power to the Premises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Premises and any and all income derived or derivable therefrom. Tenant’s obligations with respect to the Premises, including the insurance and indemnification obligations contained in Article 10, below, shall apply to Tenant’s use of the Tenant Generator and Tenant shall carry industry standard Boiler and machinery insurance covering the Tenant GeneratorEquipment. Tenant shall maintain not install or operate the Emergency Back-up Equipment (or be obligated to relocate the emergency generator) until Tenant has obtained and submitted to Landlord copies of all required permits governmental permits, licenses, and authorizations necessary for the installation and operation thereof. In addition, Tenant shall comply with all reasonable Rules and Regulations in connection with the Tenant Generator throughout the Lease Term. If installedinstallation, at Landlord’s election prior to the expiration or earlier termination of this Lease, Tenant shall either (A) leave the Tenant Generator in place, in which event Tenant shall surrender the Generator (maintenance and shall transfer to Landlord all permits maintained by Tenant in connection with the Generator during the Lease Term) concurrent with the surrender operation of the Premises to Landlord as required hereunder in good operating and working order, with all permits current, or (B) remove the Tenant Generator prior to the expiration or earlier termination of this Lease, and repair all damage to the Building and Premises resulting from such removal, at Tenant’s sole cost and expense. In the event that Landlord fails to expressly elect to have the Tenant Generator left in place upon the expiration or earlier termination of this Lease, then Landlord shall be deemed to have elected to have Tenant remove such Tenant GeneratorEmergency Back-up Equipment.