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 OR INVOLVING ANY HAZARDOUS
MATERIALS BROUGHT ONTO THE GENERATOR SITE BY OR FOR TENANT IN CONNECTION WITH
TENANT'S ACTIVITIES UNDER THIS SECTION 26.29.
TENANT'S OBLIGATIONS SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE EFFECTS OF ANY CONTAMINATION OR INJURY TO
PERSON, PROPERTY OR THE ENVIRONMENT CREATED OR SUFFERED BY TENANT OR ANY OF
TENANT'S AGENTS, EMPLOYEES, LICENSEES OR INVITEES, AND THE COST OF
INVESTIGATION, REMOVAL, REMEDIATION, RESTORATION AND/OR ABATEMENT, AND SHALL
SURVIVE THE EXPIRATION OR TERMINATION OF THIS LEASE.
26.29.9
SECURITY.
PHYSICAL SECURITY OF THE GENERATOR SITE AND THE GENERATOR
EQUIPMENT IS THE SOLE RESPONSIBILITY OF TENANT, WHO SHALL BEAR THE SOLE COST,
EXPENSE AND LIABILITY OF ANY SECURITY SERVICES, EMERGENCY ALARM MONITORING AND
OTHER SIMILAR SERVICES IN CONNECTION THEREWITH.
SUBJECT TO LANDLORD'S INDEMNITY
OF TENANT IN SECTION 10.1.2 ABOVE, LANDLORD SHALL NOT BE LIABLE TO TENANT FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE PHYSICAL SECURITY, OR LACK THEREOF, OF THE GENERATOR SITE
AND/OR GENERATOR EQUIPMENT.
26.29.10
TESTING.
THE GENERATOR EQUIPMENT SHALL BE ROUTINELY TESTED AND
INSPECTED BY A QUALIFIED CONTRACTOR SELECTED BY TENANT AND REASONABLY APPROVED
BY LANDLORD, AT TENANT'S EXPENSE, IN ACCORDANCE WITH TESTING AND INSPECTION
SERVICE CONTRACTS REASONABLY APPROVED BY LANDLORD.
TENANT WILL PROVIDE LANDLORD
WITH COPIES OF CERTIFICATES AND OTHER DOCUMENTATION RELATED TO THE TESTING OF
THE GENERATOR EQUIPMENT.
TESTING HOURS ARE RESTRICTED, HOWEVER, TO THOSE
SPECIFIC HOURS REASONABLY SET AND DETERMINED BY LANDLORD FROM TIME TO TIME.
26.29.11
DEFAULT.
IF TENANT FAILS TO PERFORM ANY OF ITS OBLIGATIONS UNDER THIS
SECTION 26.29, AND DOES NOT CORRECT SUCH NONCOMPLIANCE WITHIN TEN (10) BUSINESS
DAYS AFTER RECEIPT OF NOTICE THEREOF FROM LANDLORD OR SUCH LONGER PERIOD AS MAY
BE REASONABLY NECESSARY TO CORRECT SUCH NONCOMPLIANCE, SO LONG AS TENANT
COMMENCES TO CORRECT SUCH NONCOMPLIANCE WITHIN SUCH TEN (10) BUSINESS DAY PERIOD
AND THEREAFTER PROCEEDS WITH DUE DILIGENCE TO CORRECT SUCH NONCOMPLIANCE, THEN
TENANT SHALL BE DEEMED IN DEFAULT UNDER THIS LEASE, NOTWITHSTANDING ANY OTHER
NOTICE OR CURE PROVIDED IN ARTICLE 19 OR OTHERWISE IN THIS LEASE, AND IN
ADDITION TO ALL OTHER REMEDIES LANDLORD MAY HAVE UNDER THIS LEASE, TENANT SHALL,
UPON NOTICE FROM LANDLORD, IMMEDIATELY DISCONTINUE ITS USE OF THAT PORTION OF
THE GENERATOR EQUIPMENT TO WHICH SUCH NONCOMPLIANCE RELATES, AND MAKE SUCH
REPAIRS AND RESTORATION AS REQUIRED UNDER SECTION 26.29.12 BELOW WITH RESPECT
THERETO.
26.29.12
REMOVAL AT END OF TERM.
UPON THE EXPIRATION OF THE LEASE TERM OR UPON
ANY EARLIER TERMINATION OF THIS LEASE, TENANT SHALL, SUBJECT TO THE REASONABLE
CONTROL OF AND DIRECTION FROM LANDLORD, REMOVE THE GENERATOR EQUIPMENT,
INCLUDING, WITHOUT LIMITATION ALL ELECTRICAL SWITCH GEAR, UNDERGROUND CONDUIT
AND FEEDERS, ARCHITECTURAL ENCLOSURE AND/OR MODIFICATIONS TO THE GENERATOR SITE,
REPAIR ANY DAMAGE CAUSED THEREBY, AND RESTORE THE GENERATOR SITE AND OTHER
FACILITIES OF THE BUILDING AND PROJECT TO THEIR CONDITION EXISTING PRIOR TO THE
INSTALLATION OF THE GENERATOR EQUIPMENT.
ANY