THE FAILURE OF THE EMERGENCY GENERATOR OR
ASSOCIATED WIRING TO OPERATE DURING AN ELECTRICAL FAILURE IN THE BUILDING, IT
BEING UNDERSTOOD THAT LANDLORD'S OBLIGATION HEREUNDER IS LIMITED TO PERMITTING
TENANT TO CONNECT TO THE EMERGENCY GENERATOR AND ALLOWING TENANT TO DRAW POWER
FROM THE GENERATOR IF THE POWER IS AVAILABLE AND THE GENERATOR AND ASSOCIATED
WIRING IS WORKING PROPERLY.
TENANT AGREES TO INDEMNIFY, DEFEND AND HOLD
HARMLESS LANDLORD AND THE OTHER INDEMNITEES FROM AND AGAINST ANY AND ALL CLAIMS
WHICH RESULT FROM OR ARISE OUT OF THE INSTALLATION, OPERATION, EXISTENCE,
MAINTENANCE, REPAIR, REMOVAL, REPLACEMENT OR RELOCATION OF TENANT'S GENERATOR
EQUIPMENT, WHETHER OCCURRING ON THE GENERATOR SITE, CONDUIT AREAS OR ANY OTHER
PLACE WITHIN OR WITHOUT THE BUILDING.
17.2
COST OF OPERATION.
IF THE ELECTRICITY TO THE BUILDING IS
INTERRUPTED AND THE EMERGENCY GENERATOR IS ACTIVATED, TENANT SHALL REIMBURSE
LANDLORD, ON DEMAND, FOR TENANT'S EQUITABLE SHARE (AS REASONABLY DETERMINED BY
LANDLORD BASED ON TENANT'S USE OR NON-USE THEREOF) OF (I) THE COST OF THE FUEL
USED BY THE GENERATOR WHILE THE GENERATOR WAS IN OPERATION AND (II) ANY
ADDITIONAL COSTS INCURRED BY LANDLORD IN OPERATING AND MAINTAINING THE EMERGENCY
GENERATOR WHILE THE ELECTRICITY WAS OUT.
17.3
LANDLORD RIGHT TO SUSPEND OPERATIONS.
IF LANDLORD DETERMINES, FOR
SAFETY REASONS OR ANY OTHER REASON, THAT THE EMERGENCY GENERATOR SHOULD NOT BE
USED (OR, IF THE EMERGENCY GENERATOR IS ALREADY IN USE, THAT THE GENERATOR
SHOULD BE TURNED OFF) THEN LANDLORD MAY SHUT-OFF THE GENERATOR AND SHALL NOT BE
REQUIRED TO PERMIT TENANT TO USE THE GENERATOR.
HOWEVER, LANDLORD AGREES THAT
IT WILL NOT PROHIBIT TENANT FORM USING THE GENERATOR IF THE GENERATOR IS IN USE
FOR THE BUILDING SYSTEMS SO LONG AS TENANT'S USE OF THE GENERATOR WILL NOT
ADVERSELY AFFECT LANDLORD'S ABILITY TO CONTINUE EMERGENCY SYSTEMS IN THE
BUILDING DURING THE ELECTRICAL FAILURE, PROVIDED THAT TENANT'S RIGHTS TO USE THE
GENERATOR SHALL BE SUSPENDED DURING ANY PERIOD THAT TENANT IS IN DEFAULT IN THE
PAYMENT OF SUMS DUE UNDER THE LEASE OR IS MATERIAL DEFAULT OF ANY OTHER
PROVISION OF THE LEASE, AND MAY TERMINATED IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 17.5 BELOW.
17.4
EVACUATION.
IF LANDLORD CLOSES THE BUILDING AND CALLS FOR ITS
EVACUATION BY MEANS OF ORAL NOTICE TO THE PREMISES (WHICH NOTICE MAY BE
PERSONAL, TELEPHONIC, OR BY MEANS OF THE BUILDING'S PUBLIC ADDRESS SYSTEM), OR
SUGGESTS BY MEANS OF ORAL NOTICE TO THE PREMISES (WHICH NOTICE MAY BE PERSONAL,
TELEPHONIC, OR BY MEANS OF THE BUILDING'S PUBLIC ADDRESS SYSTEM) THAT THE
BUILDING BE EVACUATED FOR ANY REASON, INCLUDING BECAUSE OF AN ELECTRICAL
FAILURE, AND IF ONE OR MORE OF ANY TENANT PARTIES OR OTHER PERSONS ACTING ON
BEHALF OF OR AT THE REQUEST OF TENANT (COLLECTIVELY, "TENANT'S PERSONNEL")
REMAIN IN OR LATER ENTER THE BUILDING OR THE PREMISES DURING THE EVACUATION
PERIOD, THEN TENANT HEREBY WAIVES ALL CLAIMS AGAINST LANDLORD AND THE
INDEMNITEES FOR ANY INJURY INCURRED BY ANY OF TENANT'S PERSONNEL, OR INJURY TO
PROPERTY, DUE IN WHOLE OR IN PART TO TENANT'S FAILURE TO EVACUATE ALL