Common use of Yard Area Clause in Contracts

Yard Area. Subject to the terms of this Lease (except as set forth below) and the applicable Legal Requirements, Landlord leases to Tenant and Tenant leases from Landlord, the yard area designated as the “Yard Area” on Exhibit A-2 hereto (the “Yard Area”), situated on a portion of that certain real property legally described in Exhibit A-1 attached hereto, at no additional cost to Tenant. Tenant acknowledges that, subject to the terms of this Lease, the Yard Area shall only be used for storage of electrical and mechanical equipment and the installation, operation, repair and replacement of a diesel generators, together with storage of diesel fuel and other equipment to which Landlord has reasonably agreed in writing to prior to installation, and will be delivered to Tenant by Landlord in its AS-IS condition and Landlord shall have no obligation to furnish any services or provide any improvements or allowance in connection with the Yard Area. Tenant shall operate and maintain the Yard Area, together with all of Tenant’s property in the Yard Area, in good repair and condition. Landlord may require that Tenant, at Tenant’s sole cost and expense, screen the Yard Area with a fence, the size, color, type and location shall be subject to Landlord’s reasonable approval. Sections 11, 12 and 21 of this Lease shall govern the installation, maintenance and Landlord’s removal rights with respect to such fence. Notwithstanding Landlord’s indemnity contained in Section 18,(b), it is the intention of the parties that Tenant bear all risks relating to the installation and removal of such fence, and the use, maintenance, and operation of the Yard Area; therefore, Tenant shall defend, indemnify, and hold harmless Landlord, its agents, and their respective affiliates from all losses, claims, costs, and liabilities arising in connection with or relating to the installation and removal of such fence, and the maintenance, use, and operation of the Yard Area, including, without limitations, that arising from Landlord’s negligence (other than its sole or gross negligence or intentional misconduct).