HAVE NO LIABILITY TO
TENANT FOR ANY OPERATIONAL FAILURE OF THE BUILDING GENERATOR AT ANY TIME, AND
TENANT HEREBY INDEMNIFIES AND HOLDS LANDLORD HARMLESS FROM ANY AND ALL DAMAGES
INCURRED BY TENANT IN CONNECTION WITH ANY SUCH OPERATIONAL FAILURE.
SUBJECT TO
COMPLIANCE WITH APPLICABLE LAWS, IF THE GENERATOR IS EITHER REMOVED FROM THE
BUILDING BY LANDLORD OR NO LONGER MADE AVAILABLE FOR TENANT'S USE, THEN TENANT
SHALL HAVE THE RIGHT TO INSTALL BACK-UP GENERATOR(S) FOR THE EXCLUSIVE USE OF
TENANT ("TENANT'S GENERATOR") ON THE PROPERTY IN SUCH LOCATION AS MAY BE
APPROVED BY LANDLORD (WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD, DELAYED
OR CONDITIONED), IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH.
TENANT
SHALL FURNISH DETAILED PLANS AND SPECIFICATIONS FOR EACH TENANT'S GENERATOR, THE
ASSOCIATED FUEL TANK (WHICH SHALL BE LOCATED ABOVE-GROUND) OR OTHER FUEL SUPPLY
SOURCE REQUIRED FOR THE OPERATION OF TENANT'S GENERATOR ("TENANT'S TANK") AND
ALL WIRES, LINES, PIPES CONDUITS AND OTHER APPARATUS IN CONNECTION WITH TENANT'S
GENERATOR TO LANDLORD FOR ITS PRIOR APPROVAL, WHICH APPROVAL SHALL NOT BE
UNREASONABLY WITHHELD, CONDITIONED, OR DELAYED.
UPON APPROVAL OF TENANT'S PLANS
AND SPECIFICATIONS, TENANT SHALL HAVE THE RIGHT TO INSTALL TENANT'S GENERATOR
AND TENANT'S TANK, AT TENANT'S EXPENSE SUBJECT TO LANDLORD'S REASONABLE
SUPERVISION.
LANDLORD SHALL NOT CHARGE ANY SUPERVISORY FEE, REVIEW CHARGE OR
SURCHARGE IN CONNECTION WITH THIS INSTALLATION.
TENANT SHALL COMPLY WITH ALL
APPLICABLE LAWS IN CONNECTION WITH THE INSTALLATION AND MAINTENANCE OF TENANT'S
GENERATOR, TENANT'S TANK AND ALL LINES, WIRING, PIPES, CONDUITS, OTHER APPARATUS
IN CONNECTION THEREWITH AND TENANT SHALL KEEP THE PREMISES, BUILDING AND LAND
FREE AND CLEAR FROM LIENS ARISING FROM OR RELATED TO THE INSTALLATION,
MAINTENANCE AND REPAIR THEREOF.
TENANT SHALL BE RESPONSIBLE FOR PROCURING
WHATEVER APPROVALS, LICENSES OR PERMITS MAY BE REQUIRED FOR THE INSTALLATION AND
USE OF TENANT'S GENERATOR AND THE RELATED SUPPORT SYSTEMS OR OPERATION OF ANY
EQUIPMENT SERVED THEREBY.
LANDLORD AGREES THAT, AT NO COST TO LANDLORD, IT
SHALL COOPERATE WITH TENANT IN TENANT'S PURSUIT OF ANY SUCH APPROVALS, LICENSES,
OR PERMITS, WHICH COOPERATION SHALL INCLUDE EXECUTING ANY NECESSARY OWNER'S
CONSENT FORMS.
UPON TERMINATION OR EXPIRATION OF THIS LEASE, TENANT MAY, AT
TENANT'S SOLE OPTION, REMOVE TENANT'S GENERATOR AND ANY FUEL TANK, IN WHICH
EVENT TENANT SHALL REPAIR AND RESTORE THE PROPERTY AND BUILDING TO A CONDITION
COMPARABLE TO THAT EXISTING PRIOR TO SUCH INSTALLATION,
F-38
REASONABLE WEAR AND TEAR AND EVENTS OF CASUALTY AND CONDEMNATION EXCEPTED.
LANDLORD AND TENANT SHALL COOPERATE IN THE DESIGN AND ALLOCATION OF ROUTING FOR
THE GENERATOR OR ANY TENANT'S GENERATOR.
14.15
LANDLORD AND TENANT HEREBY ACKNOWLEDGE THAT LANDLORD CURRENTLY (I)
EMPLOYS ONE OR MORE SECURITY GUARDS AT THE BUILDING FOR THE PROVISION OF
SECURITY, AND (II) UTILIZES AN ACCESS CARD SYSTEM FOR AFTER-HOURS ENTRANCE INTO
THE BUILDING.
THE COST OF THE OPERATION, REPAIR AND MAINTENANCE OF THE ACCESS
CARD SYSTEM FOR THE BUILDING IS CURRENTLY NOT INCLUDED IN THE CALCULATION OF
OPERATING CHARGES.
TENANT SHALL HAVE THE RIGHT, AT ITS SOLE COST AND EXPENSE,
TO INSTALL ACCESS CARD READERS IN THE ELEVATORS OF THE