BE REFERRED TO HEREIN AS THE "GENERATOR
SITE").
SUCH GENERATOR (INCLUDING, IF APPLICABLE, THE FUEL TANK TO BE INSTALLED
THEREIN) SHALL BE OF SUCH SIZE AND SPECIFICATIONS, AND INCLUDE SUCH PLATFORMS,
FENCING, ENCLOSURES, SHEDS AND OTHER RELATED MATERIALS AND EQUIPMENT, AS SHALL
BE APPROVED BY LANDLORD PRIOR TO INSTALLATION (COLLECTIVELY, THE "EMERGENCY
GENERATOR"), WHICH APPROVAL MAY BE GRANTED OR DENIED IN LANDLORD'S SOLE AND
ABSOLUTE DISCRETION; PROVIDED, HOWEVER, IF THE SIZE OF THE EMERGENCY GENERATOR
DOES NOT EXCEED 23 FEET LONG, BY 16 FEET WIDE, BY 12 FEET HIGH, WITH NOT MORE
THAN A 500 GALLON, DOUBLE WALLED STEEL, ABOVE-GROUND FUEL TANK CONTAINED
THEREIN, LANDLORD HEREBY APPROVES OF THE SIZE OF THE EMERGENCY GENERATOR AND
FUEL TANK, AND SHALL NOT UNREASONABLY WITHHOLD ITS APPROVAL WITH RESPECT TO THE
OTHER SPECIFICATIONS OF THE EMERGENCY GENERATOR.
IN ADDITION, TENANT SHALL HAVE
THE RIGHT, SUBJECT TO AVAILABLE CAPACITY OF THE BUILDING, TO INSTALL SUCH
CONNECTION EQUIPMENT, SUCH AS CONDUITS, CABLES, RISERS, FEEDERS AND MATERIALS
(COLLECTIVELY, THE "GENERATOR CONNECTING EQUIPMENT") IN THE SHAFTS, DUCTS,
CONDUITS, CHASES, UTILITY CLOSETS AND OTHER FACILITIES OF THE BUILDING AS IS
REASONABLY NECESSARY TO CONNECT THE EMERGENCY GENERATOR TO THE PREMISES AND
TENANT'S OTHER MACHINERY AND EQUIPMENT THEREIN, SUBJECT, HOWEVER, TO THE
PROVISIONS OF SECTION 26.29.2, BELOW.
TENANT SHALL ALSO HAVE THE RIGHT OF
ACCESS, CONSISTENT WITH SECTION 26.29.3, BELOW, TO THE AREAS WHERE THE EMERGENCY
GENERATOR AND ANY SUCH GENERATOR CONNECTING EQUIPMENT ARE LOCATED FOR THE
PURPOSES OF MAINTAINING, REPAIRING, TESTING AND REPLACING THE SAME.
26.29.1
GENERATOR EQUIPMENT.
THE INSTALLATION OF THE EMERGENCY GENERATOR AND
RELATED GENERATOR CONNECTING EQUIPMENT (HEREBY REFERRED TO TOGETHER AND/OR
SEPARATELY AS THE "GENERATOR EQUIPMENT") SHALL BE PERFORMED IN ACCORDANCE WITH
AND SUBJECT TO THE PROVISIONS OF THIS SECTION 26.29 AND ARTICLE 8 OF THIS LEASE
(AND THE TENANT WORK LETTER IF INSTALLED DURING THE CONSTRUCTION OF THE TENANT
IMPROVEMENTS), AND THE GENERATOR EQUIPMENT SHALL BE DEEMED TO BE TENANT'S
PROPERTY FOR ALL PURPOSES OF THIS LEASE.
FOR THE PURPOSES OF DETERMINING
TENANT'S OBLIGATIONS WITH RESPECT TO ITS USE OF THE GENERATOR SITE AND GENERATOR
EQUIPMENT HEREIN PROVIDED, THE GENERATOR SITE SHALL BE DEEMED TO BE A PORTION OF
THE PREMISES; CONSEQUENTLY, ALL OF THE PROVISIONS OF THIS LEASE WITH RESPECT TO
TENANT'S OBLIGATIONS HEREUNDER SHALL APPLY TO THE INSTALLATION, USE AND
MAINTENANCE OF THE GENERATOR EQUIPMENT, INCLUDING WITHOUT LIMITATION, PROVISIONS
RELATING TO COMPLIANCE WITH REQUIREMENTS AS TO INSURANCE, INDEMNITY, REPAIRS AND
MAINTENANCE, AND COMPLIANCE WITH LAWS.
26.29.2
NON-EXCLUSIVE RIGHT.
IT IS EXPRESSLY UNDERSTOOD THAT LANDLORD
RETAINS THE RIGHT TO GRANT THIRD PARTIES THE RIGHT TO UTILIZE ANY PORTION OF THE
PROJECT LOCATED OUTSIDE THE PREMISES NOT UTILIZED BY TENANT AS THE GENERATOR
SITE, PROVIDED IN EACH EVENT THAT TENANT SHALL HAVE REASONABLE ACCESS TO AND USE
OF THE GENERATOR EQUIPMENT AND GENERATOR SITE.
26.29.3
TENANT'S COVENANTS.
TENANT SHALL INSTALL, USE, MAINTAIN AND REPAIR
THE GENERATOR EQUIPMENT SO AS NOT TO DAMAGE OR INTERFERE WITH THE OPERATION OF
THE PROJECT OR BUILDING, ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, THE
GENERATOR SITE, THE SYSTEMS AND