EQUIPMENT, AND ANY OTHER
59
GENERATORS OR POWER SOURCES OR SIMILAR EQUIPMENT LOCATED IN OR ON THE BUILDING
OR PROJECT; AND TENANT HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD LANDLORD AND
THE LANDLORD PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS (OTHER THAN
THE EXCLUDED CLAIMS) ARISING OUT OF TENANT'S FAILURE TO COMPLY WITH THE
PROVISIONS OF THIS SECTION 26.29.
26.29.4
LANDLORD'S OBLIGATIONS.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS
SECTION 26.29, LANDLORD SHALL NOT HAVE ANY OBLIGATIONS WITH RESPECT TO THE
GENERATOR SITE, THE GENERATOR EQUIPMENT OR COMPLIANCE WITH ANY REQUIREMENTS
RELATING THERETO, NOR SHALL LANDLORD BE RESPONSIBLE FOR ANY DAMAGE THAT MAY BE
CAUSED TO THE GENERATOR EQUIPMENT, EXCEPT TO THE EXTENT CAUSED BY THE GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD AND NOT INSURED OR REQUIRED TO BE
INSURED BY TENANT UNDER THIS LEASE.
LANDLORD MAKES NO REPRESENTATION THAT THE
GENERATOR EQUIPMENT WILL BE ABLE TO SUPPLY SUFFICIENT POWER TO THE PREMISES, AND
TENANT AGREES THAT LANDLORD SHALL NOT BE LIABLE TO TENANT THEREFOR.
26.29.5
CONDITION OF GENERATOR SITE.
TENANT SHALL ACCEPT THE GENERATOR SITE
IN ITS "AS-IS" CONDITION, WITHOUT ANY REPRESENTATIONS OR WARRANTIES MADE BY
LANDLORD CONCERNING SAME (INCLUDING, BUT NOT LIMITED TO, THE PURPOSES FOR WHICH
SUCH AREAS ARE TO BE USED BY TENANT), AND LANDLORD SHALL HAVE NO OBLIGATION TO
CONTRACT OR PAY FOR ANY IMPROVEMENTS OR OTHER WORK IN OR FOR THE GENERATOR SITE,
AND TENANT SHALL BE SOLELY RESPONSIBLE, AT ITS SOLE COST AND EXPENSE, FOR
PREPARING THE GENERATOR SITE FOR THE INSTALLATION OF THE GENERATOR EQUIPMENT AND
FOR CONSTRUCTING ANY IMPROVEMENTS OR PERFORMING ANY OTHER WORK IN SUCH AREAS
PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION 26.29.
TENANT, AT TENANT'S SOLE COST AND EXPENSE, SHALL MAINTAIN THE GENERATOR
EQUIPMENT AND INSTALL SUCH ENCLOSURES, FENCING AND OTHER PROTECTIVE EQUIPMENT ON
OR ABOUT THE GENERATOR EQUIPMENT AS LANDLORD MAY REASONABLY DETERMINE.
26.29.6
REPAIRS.
TENANT SHALL (I) BE SOLELY RESPONSIBLE FOR ANY DAMAGE
CAUSED AS A RESULT OF THE GENERATOR EQUIPMENT, (II) PROMPTLY PAY ANY TAX,
LICENSE OR PERMIT FEES CHARGED PURSUANT TO ANY REQUIREMENTS IN CONNECTION WITH
THE INSTALLATION, MAINTENANCE OR USE OF THE GENERATOR EQUIPMENT AND COMPLY WITH
ALL PRECAUTIONS AND SAFEGUARDS RECOMMENDED BY ALL GOVERNMENTAL AUTHORITIES, AND
(III) SUBJECT TO THE WAIVER OF SUBROGATION SET FORTH IN SECTION 10.4 ABOVE, MAKE
NECESSARY REPAIRS, REPLACEMENTS TO OR MAINTENANCE OF THE GENERATOR EQUIPMENT AND
GENERATOR SITE.
TENANT SHALL HAVE THE WORK WHICH IS TENANT'S OBLIGATION TO
PERFORM UNDER THIS SECTION 26.29 (INCLUDING, WITHOUT LIMITATION, ALL
INSTALLATION, MODIFICATION AND MAINTENANCE OF THE GENERATOR EQUIPMENT) PERFORMED
PROMPTLY AND DILIGENTLY IN A FIRST-CLASS, WORKMANLIKE MANNER, BY CONTRACTORS AND
SUBCONTRACTORS REASONABLY APPROVED BY LANDLORD.
26.29.7
INSTALLATION.
TENANT SHALL INSTALL AND OPERATE THE GENERATOR
EQUIPMENT IN COMPLIANCE WITH ALL APPLICABLE LAWS, THE UNDERLYING DOCUMENTS AND
ALL OTHER RECORDED COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING THE REAL
PROPERTY.
PRIOR TO THE INSTALLATION OF THE GENERATOR EQUIPMENT, OR THE
PERFORMANCE OF ANY MODIFICATIONS OR CHANGES THERETO, TENANT SHALL COMPLY WITH
THE FOLLOWING:
(I)
TENANT SHALL SUBMIT