AND/OR REMOVAL OF THE GENERATOR DAMAGE THE BUILDING
OR EXISTING STRUCTURE ON THE BUILDING, OR MATERIALLY INTERFERE WITH THE
MAINTENANCE OF THE BUILDING AND/OR THE CENTER, ANY SYSTEM CURRENTLY SERVING THE
BUILDING, ANY EQUIPMENT CURRENTLY BEING OPERATED FROM OR WITHIN THE BUILDING OR
FROM ANY OTHER BUILDING IN THE CENTER, OR IN ANY MANNER INVALIDATE OR OTHERWISE
ADVERSELY AFFECT ANY EXISTING WARRANTIES IN PLACE ON THE BUILDING OR ON ANY
IMPROVEMENTS TO THE BUILDING.
(D)
LANDLORD SHALL NOT BE LIABLE TO TENANT FOR ANY STOPPAGES OR
SHORTAGES OF POWER FURNISHED TO THE GENERATOR OR TO THE GENERATOR AREA BECAUSE
OF ANY ACT, OMISSION OR REQUIREMENT OF THE PUBLIC UTILITY SERVING THE BUILDING,
OR THE ACT OR OMISSION OF ANY OTHER TENANT,
2
LICENSEE OR CONTRACTOR OF THE BUILDING, OR FOR ANY OTHER CAUSE BEYOND THE
REASONABLE CONTROL OF LANDLORD, AND TENANT SHALL NOT BE ENTITLED TO ANY RENTAL
ABATEMENT FOR ANY SUCH STOPPAGE OR SHORTAGE OF POWER; PROVIDED, HOWEVER, NOTHING
CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED TO MODIFY OR LIMIT ANY RENTAL
ABATEMENT RIGHTS TENANT MAY OTHERWISE HAVE PURSUANT TO THE LEASE. LANDLORD SHALL
HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO ENTER THE GENERATOR AREA AT ANY TIME
IN THE EVENT OF AN EMERGENCY AND AT ALL REASONABLE TIMES AND UPON REASONABLE
NOTICE FOR THE PURPOSE OF: (I) INSPECTING SAME, (II) MAKING REPAIRS TO THE
GENERATOR AREA AND PERFORMING ANY WORK THEREIN, AND/OR (III) EXHIBITING THE
GENERATOR AREA FOR THE PURPOSE OF SALE, LEASE, GROUND LEASE OF FINANCING. TENANT
SHALL MAINTAIN AND OPERATE THE GENERATOR IN STRICT COMPLIANCE WITH LANDLORD'S
REASONABLE RULES AND REGULATIONS, NOW OR HEREAFTER PROMULGATED, AND ALL
APPLICABLE GOVERNMENTAL REQUIREMENTS. TENANT SHALL PAY FOR ALL UTILITY SERVICE
(INCLUDING, WITHOUT LIMITATION, ELECTRICITY) REQUIRED FOR TENANT'S USE OF THE
GENERATOR IN COMPLIANCE WITH THE TERMS OF THE LEASE, AS AMENDED HEREBY.
(E)
LANDLORD, AT LANDLORD'S COST, MAY FROM TIME TO TIME RELOCATE THE
GENERATOR AND/OR GENERATOR AREA, OR ANY PART THEREOF, TO OTHER AREAS IN, AT OR
AROUND THE CENTER. UPON RELOCATION OF THE GENERATOR AND/OR GENERATOR AREA,
TENANT'S MEANS OF ACCESS AND CABLING WILL BE RELOCATED BY LANDLORD AS REQUIRED
TO OPERATE AND MAINTAIN THE GENERATOR. EXCEPT AS EXPRESSLY PROVIDED IN THIS
SUBSECTION (E), IN NO EVENT WILL THE RELOCATION OF THE GENERATOR AND/OR
GENERATOR AREA, OR ANY PART THEREOF, AFFECT, ALTER, MODIFY, OR OTHERWISE CHANGE
ANY OF THE OTHER TERMS AND CONDITIONS OF THIS SECTION 2.
(F)
TENANT SHALL, AT TENANT'S EXPENSE, BE SOLELY RESPONSIBLE
THROUGHOUT THE TERM FOR MAINTAINING, SERVICING AND REPAIRING THE GENERATOR AND
FOR REPAIRING ANY DAMAGE TO THE BUILDING OR ANY SYSTEMS OR EQUIPMENT SERVING THE
BUILDING CAUSED BY THE GENERATOR OR BY ANY ACT, NEGLIGENCE OR MISCONDUCT OF
TENANT, TENANT'S EMPLOYEES, AGENTS OR CONTRACTORS, WHILE INSTALLING, USING,
SERVICING, REPAIRING, MAINTAINING OR REMOVING THE GENERATOR. SUBJECT TO SECTION
4.3 OF THE LEASE, TENANT SHALL PROTECT, DEFEND, INDEMNIFY AND SAVE LANDLORD AND
ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OTHER TENANTS, LICENSEES AND
INVITEES HARMLESS FROM AND AGAINST ANY AND ALL OBLIGATIONS, COSTS