Example ContractsClausesBuilding Generator
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Building Generator. Commencing on the Lease Commencement Date, Tenant shall have the right to connect to the Building back-up generator, which Landlord shall install as part of Landlord’s Work (the "Generator"), for Tenant’s Share of the Generator’s capacity (after accounting for any Building Common Area requirements) to provide back-up generator services to the Premises. During the Lease Term, Landlord shall maintain the Generator in good condition and repair, and Tenant shall be responsible for a share of the costs of such maintenance and repair based on the proportion of the Generator capacity allocated to the Premises. Notwithstanding the foregoing, Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Generator, or the failure of the 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 Generator. If required in connection with Tenant’s operations in the Premises, Tenant shall have the right, at Tenant's sole cost and expense, to install a back-up generator and the pad upon which it is located (the "Tenant Generator") in an area of the Project to be reasonably and mutually agreed upon by Landlord and Tenant (the "Generator Area"). If the Generator Area is located in the Project parking area, then any parking spaces lost by the installation of the Tenant Generator shall be deducted from Tenant’s parking allotment under this Lease. For purposes of this Section 6.6, the "Tenant Generator" shall be deemed to include, without limitation, all associated equipment, connections and/or facilities. The installation of the Tenant Generator shall be done in accordance with the terms of Article 8, below, and all plans and specifications relating to the Tenant Generator shall be subject to the prior approval of Landlord, which shall not be unreasonably withheld. Tenant acknowledges that Landlord may require (in Landlord's sole discretion) that Tenant, at Tenant's sole cost and expense, install screening, landscaping or other improvements satisfactory to Landlord (in Landlord's sole discretion) in order to satisfy Landlord's reasonable aesthetic requirements in connection with the area surrounding the Generator, all at Tenant's sole cost and expense. Tenant shall be responsible, at Tenant's sole cost and expense, to keep and maintain the Tenant Generator in good condition and repair and in compliance with all applicable laws. The Tenant Generator and Generator Area shall be deemed to be a part of the Premises for purposes of the insurance and indemnification provisions of this Lease, and, in addition, Tenant shall maintain, at Tenant's cost, industry standard property insurance coverage with respect thereto. At Landlord's option, Landlord may require that Tenant remove the Tenant Generator upon the expiration or earlier termination of this Lease, and repair all damage to the Building or Project resulting from such removal, and to restore all affected areas to their condition existing prior to the installation of the Tenant Generator, all at Tenant's sole cost and expense. The foregoing obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Tenant shall have the right (but only to the extent permitted by the City of San Mateo and all agencies, governmental and quasi-governmental authorities having jurisdiction thereof), at Tenant’s sole cost and expense, to install and operate one (1) emergency electrical generator (each, a “Generator”) along with all associated equipment, including fuel tanks and any necessary cables (“Generator Associated Equipment”), to serve the Premises, in areas designated by Landlord (the “Generator Space”) for the Term of this Lease (the Generator and Generator Associated Equipment are hereinafter collectively referred to as the “Generator Equipment”). The manufacturer, the type, size, and quality of the Generator Equipment, the substance to be stored in the Generator, all safety and monitoring, equipment, the method and manner of installation, and all other matters material to the installation of the Generator Equipment, including, without limitation, all Building penetrations, are subject to Landlord’s prior written approval; provided, however, that all of the Generator Equipment and any modifications thereto or placement thereof shall be # at Tenant’s sole cost and expense, # installed and operated to Landlord’s reasonable specifications and supervision or review, and # installed, maintained, operated and removed in accordance with all Recorded Documents and Applicable Laws. The Generator Equipment shall remain the property of Tenant and Tenant shall remove the Generator Equipment upon the expiration or earlier termination of the Lease. Tenant shall restore the Generator Space and any other portion of any Building affected by the Generator Equipment to its original condition, excepting ordinary wear and tear and/or damage or destruction due to Casualty. Tenant may not assign, lease, rent, sublet or otherwise transfer any of its interest in the Generator Space or the Generator Equipment except together with any assignment or sublease of the Premises as more particularly set forth in Paragraph 14. Each of the other provisions of this Lease shall be applicable to the Generator Equipment and the use of the Generator Space by Tenant, including without limitation, Paragraph 4.4 [Hazardous Materials], Paragraph 8[Insurance and Indemnification], 9 [Waiver of Subrogation] and of this Lease. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord from any and all claims, demands, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) Landlord may suffer or incur arising out of or related to the installation, use, operation, maintenance, replacement and/or removal of the Generator Equipment or any portion thereof.

agrees that shall have no responsibility in connection therewith and that shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be used by only during # testing and regular maintenance, and # the period of any electrical power outage in the Building. shall be entitled to operate the Generator, and such connections to the Building, for testing and regular maintenance at times reasonably approved by . shall comply with all reasonable requirements imposed by so that the Building Systems or other components of the Project are not adversely affected by the operation of the Generator. makes no representations or warranties, and shall have no responsibility or liability to any Party for any losses, damages, injury to persons or property caused by, related to, arising out of or in connection with, to the condition of the Generator Area, or the fitness or suitability of the Generator Area for the installation, maintenance and operation of the Generator. In the event that shall fail to comply with the requirements set forth herein, without limitation of ’s other remedies, # shall have the right to terminate ’s rights with respect to the Generator, and/or # shall have the right, at ’s sole cost and expense, to cure such breach, in which event shall be obligated to pay to , within ten (10) days following demand by , the amount expended by . shall remove the Generator upon the expiration or earlier termination of this Lease, and shall return the affected portion of the Project to the condition same would have been in had no Generator been installed (reasonable wear and tear, casualty and condemnation excepted), unless , in its sole discretion, elects in a written notice to to keep all or any portion of the Generator, in which case the Generator shall be surrendered by to , and shall be and become the property of without the necessity of any further written documentation unless otherwise requested by or a future occupant, upon the expiration or earlier termination of this Lease.

Building Directory. In the event that Landlord elects, in its sole discretion, to install a directory in the lobby of the Building, Landlord will list, at Landlord’s expense, the name of Tenant and any permitted subtenants and assignees in such directory based on Tenant’s Proportionate Share. Any such directory shall be maintained by Landlord , at Landlord’s expense.

#’s Generator. In accordance with, and subject to, the terms and conditions hereof, Applicable Laws, and the Declaration (as applicable), shall have the right to install, repair, maintain and use, at ’s sole cost and expense but without any additional payment to , to install and operate an emergency generator (the “Generator“) of a size and type approved by , in an area designated by in ’s sole discretion (the “Generator Area“), in order to provide emergency electricity service to the Premises. shall deliver, and shall accept, the Generator Area in its “as-is”, “where-is” condition. In no event shall permit the Generator to interfere with normal and customary use or operation of the Project by or any other owner or of the Project (including, without limitation, by means of noise or odor). shall install the Generator in accordance with Article 8 above, including ’s right to review and approve ’s plans and specifications therefor. If the Generator Area is on the roof of the Building, then at ’s cost, may have the plans and specifications for the Generator reviewed by a structural engineer, and shall be responsible, at ’s cost, for performing any required structural upgrades to the roof to accommodate the Generator (provided that may not take any action which would invalidate or otherwise adversely affect ’s roof warranty). shall be responsible for all maintenance and repairs in accordance with manufacturer specifications and compliance with Applicable Law obligations related to the Generator and acknowledges and

Subject to applicable Laws, including height limitations imposed on the Building by the Federal Aviation Administration, Landlord shall provide Tenant the right to use, free of any license or rental fee for the use thereof, a reasonable amount of space on the roof of the Building not otherwise in use for equipment installed in connection with the Base Building Work and the Tenant Improvements in the location shown on [Exhibit Q] attached hereto (the “Rooftop Installation Area”) for the installation and operation of equipment serving Tenant’s operations in the Premises including for telecommunications, data transmission and other similar technologies and equipment including, without limitation, antennas and satellite dishes, one (1) emergency generator (the “Emergency Generator”), and kitchen venting equipment, together with related equipment, mountings, and supports, and the installation of other supplemental equipment needed for Tenant’s operations in the Premises and customarily installed on rooftops by tenants of comparable size in Comparable Buildings (collectively, “Tenant’s Roof Equipment”). Notwithstanding the provision of Article IX to the contrary, the height, diameter, design and installation of the Tenant’s Roof Equipment shall be subject to Landlord’s approval, not to be unreasonably withheld, conditioned or delayed; provided, however, that if Landlord reasonably determines that there is inadequate space in the Rooftop Installation Area for the Emergency Generator, Landlord may require that the Emergency Generator be installed on the Roof Terrace. It shall not be unreasonable for Landlord to determine that there is inadequate space in the Rooftop Installation Area for the Emergency Generator if the proposed plans for Tenant’s Emergency Generator do not provide for at least three (3) feet of clearance space on each side of the Emergency Generator or do not satisfy such proposed Emergency Generator’s exhaust/venting requirements. Tenant and Tenant’s contractors shall have reasonable access to the roof for the construction, installation, maintenance, repair, replacement, operation and use of Tenant’s Roof Equipment subject to Landlord’s reasonable and uniform rules requirements governing roof access of which Tenant has been given prior notice. The parties agree that Tenant’s right to utilize the roof for the installation of Tenant’s Roof Equipment shall be non-exclusive and shall be subject to the rights of the Retail Unit owner to utilize the roof as set forth in the Condominium Documents.

Building Top Signage. Subject to the terms and conditions set forth in this Paragraph 13, Tenant shall have the right, at Tenant’s sole cost and expense, to install two (2) backlit, Building top signs identifying Tenant on the east and west sides of the BuildingBuilding Top Signage”) to the extent permitted by Applicable Laws and in a location designated by Landlord. Landlord shall have the right to approve the name, logo, material, typeface, graphic format, proportions, precise location, size, content, design of the Building Top Signage, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord hereby approves the name “[[Organization A:Organization]]” and Tenant’s current logo for use in the Building Top Signage. Tenant’s right to install the Building Top Signage pursuant to this Paragraph 13.1.2 is in addition to and separate from Tenant’s right to install Exterior Signage pursuant to Paragraph 13.1.1. Landlord shall also have the right to reasonably approve the location of all penetrations and runs, cabling installations, and means of affixing or mounting the Building Top Signage to the Building. Any electrical power required for the Building Top Signage shall be charged to Tenant. Tenant shall pay all federal, state and local taxes applicable to the Building Top Signage. Tenant assumes all liability and risks relating to damage to the Building Top Signage from any cause whatsoever, except to the extent caused by the gross negligence or willful misconduct of Landlord. Any access to the Roof by Tenant shall be subject to the provisions of Paragraph 38 and Rooftop Work Rules and Regulations attached hereto as Exhibit F.

Condition of the Building and Premises Upon Surrender. In addition to the above requirements of this Article 15, upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, surrender the Premises and Building with Tenant having complied with all of Tenant’s obligations under this Lease, including those relating to improvement, repair, maintenance, compliance with law, testing and other related obligations of Tenant set forth in Article 7 of this Lease. In the event that the Building and Premises shall be surrendered in a condition which does not comply with the terms of this Section 15.4, because Tenant failed to comply with its obligations set forth in Lease, then following thirty (30) days' notice to Tenant, during which thirty (30) day period Tenant shall have the right to cure such noncompliance, Landlord shall be entitled to expend all reasonable costs in order to cause the same to comply with the required condition upon surrender and Tenant shall immediately reimburse Landlord for all such costs upon notice.

For example, a participant earns $1,000 based upon Company performance and receives a 3.8 performance rating. Based upon the distribution of performance ratings across the non-revenue generator employees, this places the participant in Tier 5 (1.1x modifier). The final incentive award will be $1,100 ($1,000 * 1.1). If the participant's final performance rating places the participant into Tier 3, the final incentive award will be $750 ($1,000 * 0.75).

Tenant shall not swap or exchange building keys or cardkeys with other employees or tenants in the Building or the Project.

Maintain all building records and rent records, maintain receipts and disbursement records and building payroll records and prepare cash flow statements;

structure) ceilings, partitions (load-bearing or demising), columns or floor, or to the fire protection, water, sewer, waterproofing, windows, building skin, vertical transportation system, security, electrical, mechanical, plumbing, HVAC or any other base building systems, of the Premises, the Commercial/Garage Unit or the Building.

3050 S. Delaware Street (the “Building”), which Building is located on the parcel of land more particularly described on Exhibit A; and

the sale or other disposition of the Headquarters, the Waterside Garage, the Green Bay Facility, the Clocktower Building and the Waterside Building;

Signage. Subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned, or delayed, and provided that all signs are comparable to that used by Landlord for the Building and comply with Landlord’s Building standard signage, at Tenant’s sole cost and expense # Tenant, may install Tenant identification signage on a Building monument sign as designated by Landlord (if applicable) and Building entrance signage, # if other tenants occupy space on the floor on which the Premises is located, Landlord will provide Tenant's identifying suite entrance signage, and # Landlord will list Tenant’s name in the Building directory, lobby identification signage, and internal directional signage, if applicable. All signage shall conform with Landlord’s Building standard specifications.

Landlord shall perform the following work in the 5th Floor Space in a Building-standard manner utilizing Building-standard materials, finishes and fixtures.

Building Loan” shall mean the loan made by to pursuant to this Agreement in the principal amount of up to the Building Loan Amount.

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