BASE RENT, RENTABLE
SQUARE FOOTAGE, TENANT'S PRO RATA SHARE AND OTHER TERMS SOLELY NECESSITATED BY
SUCH EXERCISE.
NOTWITHSTANDING THE FOREGOING, AN OTHERWISE VALID EXERCISE OF
THE ROFO SHALL BE FULLY EFFECTIVE WHETHER OR NOT SUCH A WRITING IS EXECUTED.
39
32.
GENERATOR.
32.01
LANDLORD ACKNOWLEDGES THAT TENANT REQUIRES BACK-UP ELECTRIC GENERATOR CAPACITY
TO SUPPORT TENANT'S OPERATIONS AT THE PREMISES.
LANDLORD SHALL PURCHASE A NEW
EMERGENCY GENERATOR WITH A CAPACITY AND OTHER SPECIFICATIONS AS SHOWN ON
EXHIBIT K (THE "GENERATOR") AND WITH THE RELATED EQUIPMENT NECESSARY IN ORDER TO
MAKE THE GENERATOR OPERABLE, INCLUDING, WITHOUT LIMITATION, FUEL SUPPLY SYSTEMS,
CABLING, PUMPS, MOUNTINGS, BRACING, DAY TANK FOR FUEL AND FUEL LINES ALL AS MORE
PARTICULARLY SHOWN ON EXHIBIT K (COLLECTIVELY, THE "OTHER EQUIPMENT") AND SHALL
INSTALL THE SAME, ALL IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AND SCOPE
OF WORK ATTACHED HERETO AS EXHIBIT K AND IN ACCORDANCE WITH LAW, IN LOCATIONS
SHOWN ON EXHIBIT L OR SUCH OTHER LOCATIONS AS IS REQUIRED BY THE BOSTON
INSPECTIONAL SERVICES DEPARTMENT AND ANY OTHER GOVERNMENTAL ENTITY WITH
JURISDICTION OVER THE SAME (THE "GENERATOR AREA") (COLLECTIVELY, THE FOREGOING
IS REFERRED TO HEREIN AS THE "LANDLORD GENERATOR WORK").
EXHIBIT L SHOWS THE
LOCATION OF THE GENERATOR AND THE LOCATION OF THE FUEL TANK.
LANDLORD SHALL
APPLY FOR ALL GOVERNMENTAL AND REGULATORY LICENSES, PERMITS AND APPROVALS
REQUIRED IN CONNECTION WITH THE INSTALLATION OF THE GENERATOR AND THE OTHER
EQUIPMENT, AND UPON THE ISSUANCE OF SUCH LICENSES, PERMITS AND APPROVALS,
PROCEED WITH DILIGENT EFFORTS TO COMPLETE SUCH INSTALLATION ON OR BEFORE
DECEMBER 27, 2009 (THE "GENERATOR DEADLINE").
NOTWITHSTANDING ANYTHING TO THE
CONTRARY IN THIS LEASE, LANDLORD'S FAILURE TO COMPLETE THE LANDLORD GENERATOR
WORK BY THE GENERATOR DEADLINE SHALL NOT BE A DEFAULT BY LANDLORD OR OTHERWISE
RENDER LANDLORD LIABLE FOR DAMAGES SO LONG AS LANDLORD FURNISHES TENANT WITH
BACK-UP ELECTRIC GENERATOR CAPACITY THROUGH A TEMPORARY GENERATOR (SUFFICIENT
FOR TENANT'S NEEDS, THAT IS, WITH A CAPACITY OF AT LEAST 600 KILOWATTS) PENDING
COMPLETION OF THE LANDLORD GENERATOR WORK REFERENCED ABOVE.
LANDLORD SHALL BE
RESPONSIBLE FOR ALL COSTS OF SUBSTITUTING THE GENERATOR FOR THE TEMPORARY
GENERATOR AND SHALL PERFORM THIS SUBSTITUTION IN A MANNER REASONABLY ACCEPTABLE
TO TENANT.
ONCE INSTALLED, TENANT SHALL USE COMMERCIALLY REASONABLE EFFORTS TO
MAINTAIN AND OPERATE THE GENERATOR AND THE RELATED EQUIPMENT, AS DEFINED BELOW,
IN SUCH A FASHION AS TO MINIMIZE THE RISK OF INTERRUPTION OF OPERATIONS AT THE
BUILDING (E.G., POWER SURGES, FACILITY SHUTDOWNS, ETC.) AND, AT TENANT'S COST
AND EXPENSE, SHALL TEST THE GENERATOR AND THE RELATED EQUIPMENT AT LEAST ON A
QUARTERLY BASIS AND PROVIDE LANDLORD WITH A QUARTERLY TEST REPORT.
LANDLORD
SHALL OBTAIN A CONTRACTOR'S WARRANTY FOR WORKMANSHIP FOR THE LANDLORD'S
GENERATOR WORK OF ONE (1) YEAR AND A MANUFACTURER'S WARRANTY FOR THE GENERATOR
AND OTHER EQUIPMENT OF SUCH TIME AS IS SET FORTH IN EXHIBIT K, AND SHALL
COOPERATE WITH TENANT IN THE ENFORCEMENT OF ALL MANUFACTURER'S WARRANTIES AND
ALL WARRANTIES OF THE CONSTRUCTION COMPANY WHICH INSTALLS THE SAME.
LANDLORD'S
FAILURE TO COMPLETE THE LANDLORD GENERATOR WORK ON OR