#​ has conducted a thorough inspection of the generator by performing the following:

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.

#​ currently has three wood poles between two steel structures (one at ​’s main transformer and one at the substation, which poles support both generator and startup power transmission lines).

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).

Section # Initial Major Contracts. Service Company is hereby authorized and directed, in the name of and as agent for Power Company and Electric Company and also in its own behalf (all in the same percentages of interest as their respective Ownership Shares), forthwith to enter a firm contractual commitment (subject to regulatory approvals) with Westinghouse Electric Corporation in accordance with its proposal dated October 21, 1966 as modified by its letter dated December 7, 1966, covering the nuclear steam supply and turbine generator.

SECTION # Regulatory Status. Seller is a registered power generation company with the PUCT, a registered resource entity at ERCOT, and a registered pipeline operator with the Railroad Commission of Texas. Seller is not a “public utility,” “gas utility,” or “common carrier” within the meaning of the Texas Natural Resources Code or the Texas Utilities Code. Seller is an “exempt wholesale generator” within the meaning of the Public Utility Holding Company Act of 2005 (“PUHCA”) and therefore is not subject to regulation as a “public-utility company” or “public utility holding company” under PUHCA and those regulations promulgated thereunder by FERC.

For purposes of this Lease, # “Removable Installations” means any items listed on Exhibit F attached hereto and any items agreed by Landlord in writing to be included on Exhibit F in the future, # “Tenant’s Property” means Removable Installations and, other than Installations, any personal property or equipment of Tenant that may be removed without material damage to the Premises, and # “Installations” means all property of any kind paid for with the Tl Fund, all Alterations, all fixtures, and all partitions, hardware, built-in machinery, built-in casework and cabinets and other similar additions, equipment, property and improvements built into the Premises so as to become an integral part of the Premises, including, without limitation, fume hoods which penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, walk-in cold rooms, walk-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems, and any power generator and transfer switch.

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 capacity of the emergency generators located in the Building as of the Commencement Date, and # to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. 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 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.