ANY OTHER AREAS AFFECTED BY ANY ACTS OR OMISSIONS OF
TENANT, ITS AGENTS, CONTRACTORS OR EMPLOYEES, TO BE AND REMAIN STRUCTURALLY
SOUND THROUGHOUT THE TERM BUT ONLY TO THE EXTENT THAT ANY STRUCTURAL REPAIR THAT
IS REQUIRED AS THE RESULT OF TENANT'S FAILURE TO COMPLY WITH THIS SECTION 32 OR
TENANT'S MISUSE OF THE GENERATOR.
32.05
TENANT
SHALL HAVE ACCESS TO THE GENERATOR AREA FOR THE PURPOSE OF SERVICING, TESTING,
MAINTAINING, REMOVING, OPERATING, REPAIRING OR REPLACING THE GENERATOR AND/OR
THE RELATED EQUIPMENT, WHICH ACCESS, EXCEPT IN CASES OF EMERGENCY, SHALL BE
LIMITED TO AFTER BUSINESS HOURS ON BUSINESS DAYS AND DURING WEEKENDS AND ONLY
AFTER PRIOR WRITTEN NOTICE TO LANDLORD WITH RESPECT TO THE SCOPE AND SCHEDULING
OF SUCH WORK.
32.06
AS
REFERENCED ABOVE, LANDLORD SHALL OBTAIN ALL PERMITS AND LICENSES FOR THE INITIAL
INSTALLATION OF THE GENERATOR AND THE OTHER EQUIPMENT, INCLUDING, WITHOUT
LIMITATION, THE FUEL STORAGE PERMIT.
TENANT SHALL OBTAIN ALL PERMITS AND
LICENSES, IF ANY, FOR THE INITIAL INSTALLATION OF THE CONNECTION EQUIPMENT.
32.07
TENANT
MAY HANDLE, STORE, USE OR DISPOSE OF DIESEL FUEL TO THE EXTENT CUSTOMARY AND
NECESSARY FOR THE USE OF THE GENERATOR AND THE RELATED EQUIPMENT; PROVIDED,
HOWEVER, THAT TENANT SHALL ALWAYS HANDLE, STORE, USE AND DISPOSE OF ANY SUCH
DIESEL FUEL IN A SAFE AND LAWFUL MANNER.
TENANT SPECIFICALLY ACKNOWLEDGES AND
AGREES THAT THE TERMS AND CONDITIONS OF SECTION 14 (INDEMNITY AND WAIVER OF
CLAIMS) SHALL APPLY WITH FULL FORCE AND EFFECT TO TENANT'S HANDLING AND USE OF
DIESEL FUEL.
32.08
EXCEPT
FOR THE INSTALLATION OF THE GENERATOR AND THE OTHER EQUIPMENT, TENANT AGREES
THAT LANDLORD IS NOT REQUIRED TO PROVIDE ANY SERVICES WHATSOEVER TO THE
GENERATOR AREA OR WITH RESPECT TO THE GENERATOR AND THE RELATED EQUIPMENT.
32.09
TENANT
COVENANTS AND AGREES THAT THE USE AND OPERATION OF THE GENERATOR AND THE RELATED
EQUIPMENT IN THE GENERATOR AREA AND IN ANY OTHER PART OF THE BUILDING PURSUANT
TO THE PROVISIONS OF THIS SECTION 32 SHALL BE AT THE RISK OF TENANT AND NEITHER
LANDLORD NOR
41
LANDLORD'S AGENTS OR EMPLOYEES SHALL BE LIABLE FOR ANY DAMAGE OR INJURY THERETO
CAUSED IN ANY MANNER EXCEPT THE WILLFUL MISCONDUCT OR NEGLIGENCE OF LANDLORD OR
ITS AGENTS OR EMPLOYEES.
EXCEPT FOR THE COST OF PURCHASE AND PERFORMANCE OF THE
LANDLORD GENERATOR WORK, ALL OTHER COSTS AND EXPENSES, INCLUDING, WITHOUT
LIMITATION, THE COST OF ELECTRICAL SERVICE SUPPLY LINES TO MAKE OPERABLE THE
GENERATOR AND THE RELATED EQUIPMENT,
USED, ERECTED OR INSTALLED BY TENANT
PURSUANT TO THE PROVISIONS OF THIS SECTION 32 OR RELATED TO OR CONNECTED WITH
THE USE, MAINTENANCE, REPAIR AND OPERATION OF THE GENERATOR AND THE RELATED
EQUIPMENT SHALL BE AT THE COST AND EXPENSE OF TENANT AND WITHOUT CHARGE, COST OR
EXPENSE TO LANDLORD.
32.10
TENANT
COVENANTS AND AGREES THAT TENANT'S USE OF THE GENERATOR AND THE RELATED
EQUIPMENT SHALL BE CONDUCTED SO AS TO NOT UNREASONABLY INTERFERE WITH OR AFFECT
ANY EQUIPMENT, INSTALLATIONS, LINES OR MACHINERY OF THE BUILDING OR ANY OTHER
TENANT OF THE BUILDING OR THE RIGHTS OF