OTHER TENANTS OR OCCUPANTS OF THE
BUILDING OR LANDLORD OR LICENSEES OF LANDLORD; PROVIDED, HOWEVER, THAT THE
FOREGOING SHALL NOT BE DEEMED TO LIMIT TENANT'S RIGHT TO USE THE GENERATOR FOR
ITS INTENDED PURPOSE AS A BACK-UP POWER SOURCE.
TENANT SHALL NOT PERMIT ANY OF
ITS AGENTS, SERVANTS, EMPLOYEES, LICENSEES, OR INVITEES TO CAUSE UNREASONABLE
INTERFERENCE WITH OR DISTURBANCE, ANNOYANCE OR INCONVENIENCE WITH OR TO ANY
PERSON OR PROPERTY NOW OR IN THE FUTURE LAWFULLY IN, ON OR ABOUT THE BUILDING.
ALL OPERATIONS, MAINTENANCE AND REPAIR SHALL BE PERFORMED IN COMPLIANCE WITH ALL
LAW AND, FURTHER, IN ACCORDANCE WITH THE TERMS, COVENANTS, CONDITIONS AND
PROVISIONS OF THIS LEASE.
TENANT SHALL HAVE THE RIGHT TO OPERATE THE GENERATOR
AND THE RELATED EQUIPMENT ONLY (I) UPON THE PRIOR CONSENT OF LANDLORD (EXCEPT IN
CASE OF EMERGENCY) OR (II) IN CONJUNCTION WITH MAINTENANCE AND REPAIRS IN
ACCORDANCE WITH SECTION 32.04, IN EACH INSTANCE (I) AND (II) SO LONG AS IN
COMPLIANCE WITH (A) THE OPERATIONS MANUALS THEREOF AND (B) ALL LAW.
32.11
IF
TENANT EXERCISES ITS CONTRACTION OPTION, THEN TENANT SHALL BE OBLIGATED TO
REIMBURSE LANDLORD WITHIN THIRTY (30) DAYS OF EXERCISE OF THE CONTRACTION
OPTION, AN AMOUNT EQUAL TO (A) THE ACTUAL COST INCURRED BY LANDLORD IN
CONNECTION WITH THE INSTALLATION OF THE GENERATOR AND THE RELATED EQUIPMENT
(COLLECTIVELY, THE "GENERATOR COSTS") TIMES (B) A FRACTION, THE NUMERATOR OF
WHICH IS THE RENTABLE SQUARE FOOTAGE OF THE PORTION OF THE ADDITIONAL PREMISES
NOT BEING ADDED TO THE PREMISES AS A RESULT OF THE EXERCISE OF THE CONTRACTION
OPTION AND THE DENOMINATOR OF WHICH EQUALS THE TOTAL RENTABLE SQUARE FOOTAGE OF
ALL OF THE INITIAL PREMISES AND THE ADDITIONAL PREMISES AS IF THE CONTRACTION
OPTION HAD NOT BEEN EXERCISED.
LANDLORD SHALL PROVIDE TENANT WITH A DETAILED
STATEMENT OF THE GENERATOR COSTS WITHIN FORTY-FIVE (45) DAYS OF COMPLETION OR
WITHIN TEN (10) DAYS OF TENANT'S WRITTEN REQUEST, WHICHEVER IS LATER.
32.12
NOTWITHSTANDING THE FOREGOING, SO LONG AS TENANT IS NOT IN DEFAULT UNDER THIS
LEASE BEYOND NOTICE AND CURE PERIODS AND THIS LEASE IS IN FULL FORCE AND EFFECT,
IF LANDLORD DEFAULTS IN ITS OBLIGATIONS UNDER THIS SECTION 32 (A "LANDLORD'S
GENERATOR DEFAULT"), TENANT MAY CLAIM A LANDLORD'S GENERATOR DEFAULT BY WRITTEN
NOTICE TO LANDLORD AND TO ANY MORTGAGEE, AS DEFINED IN SECTION 24, HOLDING A
FIRST MORTGAGE ON THE BUILDING (AS TO WHICH MORTGAGEE LANDLORD HAS, BY NOTICE TO
TENANT, PROVIDED AN ADDRESS FOR NOTICES), AND IF NEITHER LANDLORD NOR SUCH
MORTGAGEE AGREES IN WRITING TO CURE AND COMMENCES TO CURE SUCH LANDLORD'S
GENERATOR DEFAULT WITHIN THIRTY (30) DAYS OF LANDLORD'S RECEIPT OF TENANT'S
CLAIM OF A LANDLORD'S GENERATOR DEFAULT, OR ONCE COMMENCED AND AGREED TO IN
WRITING, NEITHER LANDLORD NOR SUCH MORTGAGEE CONTINUES TO DILIGENTLY PURSUE SUCH
CURE, AND NEITHER LANDLORD NOR SUCH MORTGAGEE DISPUTES THE VALIDITY OF THE
CLAIMED LANDLORD'S GENERATOR DEFAULT BY NOTICE TO TENANT WITHIN TEN (10) DAYS OF
LANDLORD'S RECEIPT OF TENANT'S CLAIM OF A LANDLORD'S GENERATOR DEFAULT, THEN
UPON THE EXPIRATION OF SUCH THIRTY-DAY PERIOD FOLLOWING SUCH