Generator. Commencing on the Lease Commencement Date, Tenant shall have the right to connect to the Building back-up generator (the "Generator XE "Generator" "), for Tenant’s Share of the Generator’s capacity (after accounting for Building Common Area requirements) to provide back-up generator services to the Premises at no additional cost. During the Lease Term and any renewal terms, Landlord shall maintain the Generator in good working order, condition and repair. The costs of operation, maintenance, and repair of the Generator shall be included in Operating Expenses to the extent provided in Section 4.2.4, and Tenant shall not be responsible for any costs with respect thereto outside of Tenant’s Share of Operating Expenses. 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 be entitled to use the back-up generator exclusively serving the Premises (the “Generator”) and to connect the Generator to the Premises’ emergency electrical panel; provided that Tenant shall be solely responsible and liable for the cost of operating, using, maintaining, repairing and replacing the Generator, and Landlord expressly disclaims any warranties with regard to the Generator or the operation, use, maintenance or repair thereof, including any warranty of merchantability or fitness for a particular purpose The Generator shall be made available “as is” with all faults. Tenant shall maintain the Generator and any equipment connecting the Generator to Tenant’s automatic transfer switch in good working condition, and Tenant shall be solely responsible, at Tenant’s sole cost and expense (and Landlord shall not be liable), for maintaining and operating Tenant’s automatic transfer switch and the distribution of power from Tenant’s automatic transfer switch throughout the Premises. Landlord shall not be liable for any failure of the Generator to operate or for any failure of Tenant to make any repairs or to perform any maintenance of the Generator or any Claims arising from the Generator. The provisions of Section 16.2 of this Lease shall apply to the Generator. Tenant may install equipment to provide additional emergency power, including adding equipment to the existing Generator, in a location reasonably designated by Landlord, subject to Landlord’s prior written approval, which Landlord shall not unreasonably withhold, condition or delay. The installation of such equipment shall constitute Alterations.
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 Tenants 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 Landlords prior written approval; provided, however, that all of the Generator Equipment and any modifications thereto or placement thereof shall be # at Tenants sole cost and expense, # installed and operated to Landlords 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.
Generator.................................................................................................................................... 79
Generator Area........................................................................................................................... 79
#’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
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.
The generator located at the Country Grove parcel shall supply back-up power to both TUI’s and the Company’s facilities after Closing. TUI shall supply normal maintenance to the shared generator to assure uninterrupted power to both facilities. Normal maintenance is intended to include diesel fuel, oil replacement, small parts and exercise of equipment. If substantial maintenance expense is required, such designation to be mutually agreed upon by TUI and Buyer with such agreement not to be unreasonably withheld, conditioned or delayed, the cost of the substantial maintenance shall be split equally between the parties, provided, however, that if either party determines it is in its best interest to install a separate generator, then the other party shall pay for all maintenance to the existing generator or install its own replacement generator. Finally, should use of the generator be used for power by both parties for a period of forty-eight hours or more as a consequence of acts of God or otherwise, the parties shall share equally in the cost of fuel and resulting normal maintenance for the period of extended use.
Notwithstanding anything to the contrary in Section 25 of this lease, LESSEE may use and store hazardous material, as that term is defined in M.G.L. c. 21E, §2, within the premises, in an amount not to exceed LESSEES proportionate share of the total hazardous material storage capacity allowed by applicable building code(s) and governmental authorities, which proportionate share is currently 10.22%, provided LESSEE fully complies with all applicable local, state, and federal laws, regulations, ordinances, and bylaws (collectively, applicable laws). In the event of any future changes in the size of the premises or the total leasable square footage of the building, there shall be a further corresponding adjustment of LESSEES proportionate share of the total hazardous materials storage capacity. In the event that any hazardous material and/or hazardous waste remains in the premises after the termination of this lease or, if applicable, the date LESSEE otherwise vacates the premises, including but not limited to relocating to a new premises pursuant to an amendment to this lease (in either case, the Vacate Date), or in the event that any manifest(s) need to be prepared for the delivery, transport, removal, and/or disposal of any hazardous material and/or hazardous waste to or from the premises (e.g., EPA Form 8700-22) and LESSEES authorized representative is unavailable for any reason, LESSEE hereby authorizes LESSOR to execute any and all manifests and related documents necessary to properly effectuate such delivery, transport, removal, and/or disposal on LESSEES behalf and at LESSEES sole expense using LESSEES Hazardous Waste Generator Identification Number. LESSEE shall be solely responsible for and shall indemnify and hold LESSOR and OWNER harmless from any and all liability, damage, and personal injury in any way relating to or arising out of the use, storage, disposal, transport, and/or release of such hazardous material or hazardous waste.
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