Example ContractsClausesEmergency Generator
Emergency Generator
Emergency Generator contract clause examples

Emergency Generator. Landlord and Tenant hereby acknowledge that Tenant shall have the right to increase its use of the Emergency Generator in the Premises, in proportion to the expansion thereof by the addition of the Fourth Expansion Premises, subject to and in accordance with [Section 6.5] of the Original Lease.

Emergency Generator. There is an existing generator exclusively serving Building K (the "Building K Generator"). Commencing on the Effective Date, Tenant shall have the right to connect to Tenant’s Share of Building K of such Building K Generator of all of the back-up power provided by such generator. After the Effective Date, Landlord shall maintain the Building K 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 Building K 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 Building K Generator, or the failure of the Building K 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.

Emergency Generator. In the event Tenant wishes to install a separate generator to provide back-up generator services to the Premises, then 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 and then remaining at the Premises, at Landlord's election made in writing to Tenant at least six (6) months prior to the expiration or earlier termination of this Lease, Tenant shall either # leave the Tenant Generator in place, in which event Tenant shall surrender the Tenant Generator (and shall, to the extent assignable, transfer to Landlord all permits maintained by Tenant in connection with the Tenant Generator during the Lease Term) concurrent with the surrender of the Premises to Landlord as required hereunder in good operating and working order, ordinary wear and tear excepted, with all transferred permits current, or # 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 at least six (6) months prior to upon the expiration or earlier termination of this Lease, then Landlord shall be deemed to have elected to have Tenant remove such Tenant Generator.

Emergency Generator. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: # to provide emergency generators with not less than the stated capacity of the emergency generators located in the Building as of the Rent Commencement Date, and # to contract with a third party to maintain the emergency generators (as an Operating Expense) as per the manufacturer’s standard maintenance guidelines. Except as otherwise provided in the immediately preceding sentence, Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any commercially reasonable period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed. Tenant shall not be responsible for or have any liability to Landlord for any Releases (as defined in Section 30(h)) from emergency generators and associated tanks installed or provided by Landlord, except to the extent that such Releases arise out of the willful misconduct, negligence, acts, or omissions of Tenant or any Tenant Party.

Emergency Generator. There is an existing generator exclusively serving the Third Expansion Premises (the “Third Expansion Generator”). Tenant shall have the right to connect to such Third Expansion Generator for all of the back-up power provided by such generator. During the Third Expansion Term, Landlord shall maintain the Third Expansion 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 Third Expansion Generator capacity allocated to the Third Expansion Premises. Notwithstanding the foregoing, Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Third Expansion Generator, or the failure of the Third Expansion Generator to provide suitable or adequate back-up power to the Third Expansion 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 Third Expansion Premises and any and all income derived or derivable therefrom.

EMERGENCY GENERATOR. Tenant shall engage a Service Provider for the regular maintenance (as needed) and annual servicing of the emergency generator(s) (if any) located at the Building and schedules for regular testing and inspection.

NOTE: If you will have your own diesel emergency power generator, then you will have at least one AST! [NOTE: If a backup generator services multiple tenants, then the landlord usually handles the permits.]

A back-up generator is currently connected to the Premises’ emergency electrical panel (the “Generator”). Tenant shall maintain, repair and (if necessary) replace the Generator at its sole cost and expense. Landlord expressly disclaims any warranties with regard to the Generator or the installation thereof, including any warranty of merchantability or fitness for a particular purpose. The provisions of Section 15.5 of this Lease shall apply to the Generator.

A diesel generator will be provided to supply standby power to life safety systems and optional standby loads. Generator automatic transfer switches and emergency distribution equipment will be centrally located in the first floor main electrical room.

The emergency generator (defined in the Original Lease as the Special System) shall be available only to the Existing Premises.

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