RESULTING FROM LANDLORD'S NEGLIGENCE OR WILLFUL MISCONDUCT, LANDLORD SHALL NOT
BE LIABLE FOR ANY INTERRUPTION OF OR FAILURE OF UTILITY SERVICE IN THE PREMISES,
BUT LANDLORD SHALL EXERCISE DUE DILIGENCE TO FURNISH UNINTERRUPTED SERVICE.
LANDLORD SHALL ENGAGE AN ENGINEER, MUTUALLY ACCEPTABLE TO LANDLORD AND TENANT,
TO EVALUATE THE COST PER HOUR, PER FLOOR OF HVAC USAGE BEYOND BUILDING STANDARD
HOURS OF OPERATION.
DURING THE MONTH OF DECEMBER EACH YEAR, SAID ENGINEER SHALL
PROVIDE THE FOLLOWING YEAR'S HOURLY USAGE PER FLOOR FOR TENANT'S AFTER-HOURS
USAGE.
BOTH LANDLORD AND TENANT SHALL AGREE TO THIS INDEPENDENT EVALUATION AND
ENSUING PER HOUR, PER FLOOR CHARGE FOR THAT YEAR.
(G)
(I)
TENANT SHALL HAVE THE RIGHT THROUGHOUT THE LEASE TERM, CONSISTENT WITH THE SAFE
OPERATION OF THE BUILDING DURING PERIODS OF EMERGENCY AND OTHERWISE, TO USE AND
DRAW ELECTRICAL POWER FROM AN EMERGENCY GENERATOR(S) INSTALLED BY TENANT (WHICH
EMERGENCY GENERATOR(S) TOGETHER WITH THE ELECTRICAL CONDUIT CONNECTING THE
EMERGENCY GENERATOR TO THE PREMISES AND ANY MODIFICATION, REPLACEMENT AND/OR
ADDITION THERETO IS REFERRED TO AS THE "EMERGENCY GENERATOR").
TENANT SHALL BE
SOLELY RESPONSIBLE FOR ALL COSTS OF INSTALLING, CONNECTING, OPERATING,
MAINTAINING, REPAIRING, REPLACING AND REMOVING THE EMERGENCY GENERATOR AND
TENANT'S EQUIPMENT INCLUDING, WITHOUT LIMITATION, INSTALLATION OF A TRANSFER
SWITCH.
TENANT SHALL HAVE ACCESS TO SUCH EMERGENCY GENERATOR TWENTY-FOUR (24)
HOURS A DAY, SEVEN (7) DAYS A WEEK, IN CONNECTION THEREWITH, SUBJECT TO
LANDLORD'S REASONABLE RULES AND REGULATIONS REGARDING SECURITY.
THE EMERGENCY
GENERATOR WILL BE LOCATED ON THE PROPERTY AT A LOCATION APPROVED BY LANDLORD.
THE EMERGENCY GENERATOR SHALL BE ADEQUATELY SCREENED FROM VIEW AND LANDSCAPED IN
A MANNER APPROVED BY LANDLORD.
LANDLORD SHALL HAVE THE RIGHT TO REVIEW AND
APPROVE THE EMERGENCY GENERATOR AND ALL PLANS RELATING THERETO PRIOR TO TENANT'S
INSTALLATION OF THE EMERGENCY GENERATOR, WHICH APPROVAL SHALL NOT BE
UNREASONABLY WITHHELD OR DELAYED PROVIDED SUCH EMERGENCY GENERATOR IS LOCATED AT
THE LOCATION THEREFOR PREVIOUSLY APPROVED BY LANDLORD.
TENANT WILL EXERCISE
EVERY REASONABLE EFFORT TO MINIMIZE ANY DISRUPTION OF ACTIVITY OTHERWISE
OCCURRING IN OR ABOUT THE GALLERIA PROJECT IN CONNECTION WITH TENANT'S
INSTALLATION, OPERATION, MAINTENANCE AND REMOVAL OF THE
20
EMERGENCY GENERATOR.
IF LANDLORD IS REQUIRED BY APPLICABLE LAW TO RELOCATE THE
EMERGENCY GENERATOR, THEN, AT LANDLORD'S REQUEST, TENANT SHALL, AT TENANT'S COST
AND EXPENSE, RELOCATE THE EMERGENCY GENERATOR TO AN AREA DESIGNATED BY
LANDLORD.
TENANT WILL INSURE THAT THE EMERGENCY GENERATOR AND EACH PART OF IT
WILL BE INSTALLED AND OPERATED IN ACCORDANCE WITH ALL APPLICABLE LAWS.
TENANT
WILL IMMEDIATELY REMOVE AND HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD LANDLORD
HARMLESS IN CONNECTION WITH ANY MECHANIC'S LIENS ON THE GALLERIA PROJECT OR THE
PROPERTY WHICH RESULT FROM WORK ASSOCIATED WITH THE INSTALLATION, OPERATION,
MAINTENANCE OR REMOVAL OF THE EMERGENCY GENERATOR.
TENANT WILL OBTAIN ALL
LICENSES OR APPROVALS REQUIRED TO INSTALL THE EMERGENCY GENERATOR AND WILL
OPERATE THE EMERGENCY GENERATOR IN A MANNER THAT WILL NOT INTERFERE WITH THE
QUIET ENJOYMENT OR BUSINESS OPERATIONS OF OTHER TENANTS IN THE BUILDING OR THE
PROJECT.
TENANT SHALL INDEMNIFY AND HOLD LANDLORD HARMLESS FROM AND AGAINST ANY
AND