Generator Subject to the provisions of this Section 29.36, Tenant shall be entitled to install, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Electric If Customer has selected an Electricity Fixed Rate on the Application, Customer’s Price will be based on the Fixed Rate(s) which includes Local and State taxes, Gross Receipts Tax (GRT), PJM Adjustment (defined below) charges and adjustments and Utility applied charges and/or fees related to generation, plus the Administration Charge, which includes, Electricity Balancing Amount and third party utility and billing charges. Customer understands and agrees that included in the Administration Charge is the cost of the Energy Balancing Amount (defined below). Customer understands that in order for RITERATE ENERGY to be able to supply Energy to its existing and prospective customers, RITERATE ENERGY enters into supply arrangements to meet the forecasted consumption of its various groups of customers. These forecasts are based on historical data, load shapes and/or estimates. To the extent that actual pooled consumption of RITERATE ENERGY’s Energy customers varies from supply arrangements and/or Customer’s Utility delivery requirements, RITERATE ENERGY incurs a cost in balancing and settling its supply arrangements with such pooled consumption. To ensure a fixed all-inclusive Rate, RITERATE ENERGY has included in the Administration charge, the Energy Balancing Amount, to balance and settle the variance between pooled consumption and supply arrangements (the “Energy Balancing Amount”). In respect of Electricity, Customer understands that there are certain estimated pass through costs, made up of charges to RITERATE ENERGY by the PJM Interconnection (“PJM”) and/or Customer’s Utility, including but not limited to ancillary service charges, the cost of unaccounted for electricity, capacity charges and any replacement or recharacterization of these charges. In this regard, the “PJM Adjustment”, is included in the Fixed Price Rate. Customer acknowledges and agrees that by entering into this Agreement, Customer will not be eligible to receive any net metering credits and other incentives to which Customer would otherwise be entitled. Further, included in the Rate are the amounts charged or billed to RITERATE ENERGY or Customer by Customer’s Utility, the PUC or any other regulatory or government entity, including any taxes, delivery, regulated transmission, regulated distribution, pipeline, compressor fuel, uplift, congestion, locational marginal pricing, invoice market participant, service, billing, or similar or related changes and any, deposits, interest or late payment fees or other amounts in connection with the supply and delivery of Energy to the Premises (collectively, “Regulatory Charges”). Customer agrees to pay the monthly Administration charge for Energy supply (the “Administration” charge).
Electrical Provide drawings for the following systems:
Infrastructure (a) The Borrower has and will maintain a sufficient infrastructure to conduct its business as presently conducted and as contemplated to be conducted following its execution of this Agreement.
Lighting A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface.
Interconnection 2.2.10 Startup Testing and Commissioning
Metering The Interconnection Customer shall be responsible for the Connecting Transmission Owner’s reasonable and necessary cost for the purchase, installation, operation, maintenance, testing, repair, and replacement of metering and data acquisition equipment specified in Attachments 2 and 3 of this Agreement. The Interconnection Customer’s metering (and data acquisition, as required) equipment shall conform to applicable industry rules and Operating Requirements.
