Emergency Generator Tenant shall have the right, subject to compliance with all Governmental Requirements, to install and use an emergency generator for the Demised Premises, subject to Landlord’s prior approval of the location, type, method of installation, screening, and plans and specifications therefor, such approval to be given or withheld in Landlord’s sole discretion. If Landlord approves such request, Tenant’s installation and use of an emergency generator shall be subject to the following conditions: (i) Tenant shall comply with all applicable laws and requirements in connection with the installation and operation of the emergency generator; (ii) unless the parties otherwise agree, the emergency generator shall be disconnected and removed (including any related equipment, screening, wiring, conduit or other items) by Tenant, and any damage caused by such removal shall be repaired, at Tenant’s sole cost and expense, upon surrender of the Demised Premises, and in default thereof, Landlord may effect said removal and repairs at Tenant’s expense; (iii) the use of the emergency generator shall not create any hazardous condition or interfere with or impair the operation of the Building systems or utilities or other systems or facilities for the Building; (iv) the installation and use of the emergency generator shall be at Tenant’s sole cost and expense, including the cost of repairing all damage to the Building and any personal injury and/or property damage attributable to the installation, inspection, maintenance, removal or replacement of any equipment or apparatus resulting therefrom; and (v) Tenant shall be solely responsible for any increased insurance costs incurred by Landlord due to Tenant’s use of the emergency generator. Tenant will obtain prior to installation, any and all licenses, approvals and permits required for the installation, maintenance and use of the emergency generator (and Landlord agrees to provide reasonable cooperation therewith, at no out-of-pocket expense to Landlord). Landlord shall have no repair or maintenance obligations with respect to the emergency generator. Tenant hereby agrees to indemnify, defend and hold Landlord and its employees, agents and contractors harmless from any loss, costs and damages (including reasonable attorneys’ fees and costs) suffered by Landlord, its agents, employees or contractors, as a result of any claim by a third party, its agents, employees or contractors arising from Tenant’s installation, operation, use or removal of the emergency generator. This indemnity shall survive the expiration or earlier termination of this Lease.
