Common use of Telecommunications Services Clause in Contracts

Telecommunications Services. All telephone and telecommunications services desired by Tenant shall be ordered and utilized by Tenant at its sole cost and expense. Tenant understands and acknowledges the telecommunications switching facilities in the Project may be owned and operated by a third party, and such third party may have the right to charge other telecommunications providers for access to such facilities subject to applicable laws, rules and regulations. Tenant shall separately contract with such third party or another telecommunications provider (a "Provider") to provide telephone and telecommunications services to the Premises. If Tenant desires to utilize the services of a Provider whose equipment is not then servicing the Building, such Provider must obtain the written consent of Landlord (which consent will not be unreasonably withheld, conditioned or delayed) before it will be permitted to install its lines or other equipment within the Building or use existing conduit or riser space within the Building or Project. Landlord's consent to the installation of lines or equipment within the Building by any Provider shall be evidenced by a written agreement between Landlord and the Provider, which contains terms and conditions acceptable to Landlord in its reasonable discretion. Landlord's refusal for any reason whatsoever to consent to any prospective Provider shall not be deemed a default or breach by Landlord of its obligations under this Lease. Landlord makes no warranty or representation to Tenant as to the suitability, capability or financial strength of any Provider whose equipment is presently serving the Building, and Landlord's consent to a Provider whose equipment is not presently serving the Building shall not be deemed to constitute such a representation or warranty. To the extent the service by a Provider is interrupted, curtailed or discontinued for any reason whatsoever, Landlord shall have no obligation or liability in connection therewith unless the interruption is caused by the negligence or intentional misconduct of Landlord, and it shall be the sole obligation of Tenant at its expense to obtain substitute service. The provisions of this paragraph are solely for the benefit of Tenant and Landlord, are not for the benefit of any third party. No telephone or telecommunications provider shall be deemed a third party beneficiary hereof.

Telecommunications Services. All telephone Tenant shall secure for itself telecommunication services for the Premises and pay, prior to delinquency, all charges and costs for the installation and/or use of all telephone, cable, satellite and telecommunication charges that are furnished to or used on, in or about the Premises during the Term of this Lease and to comply with all directives of such office, as promulgated from time to time. Tenant shall give Landlord not less than ten (10) days prior written notice of Tenant’s intent to install telecommunications cabling in the Building or Premises. Such notice shall include (i) the proposed time of installation; (ii) the identity of the party performing the installation; (iii) the party providing the telecommunication service; (iv) reasonably detailed plans and specifications of the proposed installation; and (v) the insurance coverage to be in effect with all such work. Tenant’s right to install telecommunications cabling in the Building is subject to (i) Landlord’s reasonable consent as to the location of Tenant’s telecommunications cabling; (ii) Landlord’s reasonable approval of any third party contractor performing work in the Building in connection with installation of Tenant’s telecommunications cabling; (iii) Tenant’s telecommunications cabling not materially interfering with any Building systems or any telecommunication services desired to other tenants in the Building; (iv) Landlord’s right to inspect Tenant’s installation of telecommunications cablings and require, at Tenant’s expense, any changes necessary to bring the installation into conformity with the plans and specifications approved by Landlord; (v) Landlord’s right to charge a reasonable market fee for such installation and service; (vi) Landlord’s right to require that Tenant and any other person working on the installation of telecommunications cabling provide, prior to the start of work, proof of adequate insurance coverage for such work, naming Landlord as an additional insured thereunder; and (vii) Landlord’s right to require that Tenant remove the whole or any part of such cabling upon the expiration or sooner termination of this Lease. Notwithstanding the forgoing, Landlord shall provide Tenant, without charge, access to the server hub located on the first floor of the Building and Tenant shall be ordered responsible for all costs pertaining to (i) the installation, maintenance and utilized by Tenant at its sole cost operation of a T-1 line connecting the Premises to Landlord’s T-1 server hub; and expense. Tenant understands and acknowledges the telecommunications switching facilities in the Project may be owned and operated by a third party, and such third party may have the right to charge other telecommunications providers for access to such facilities subject to applicable laws, rules and regulations. Tenant shall separately contract with such third party or another telecommunications provider (a "Provider"ii) to provide telephone and Tenant’s telecommunications services to the Premises. If Tenant desires to utilize the services of a Provider whose equipment is not then servicing the Building, such Provider must obtain the written consent of Landlord (which consent will not be unreasonably withheld, conditioned or delayed) before it will be permitted to install its lines or other equipment within the Building or use existing conduit or riser space within the Building or Project. Landlord's consent to the installation of lines or equipment within the Building by any Provider shall be evidenced by a written agreement between Landlord and the Provider, which contains terms and conditions acceptable to Landlord in its reasonable discretion. Landlord's refusal for any reason whatsoever to consent to any prospective Provider shall not be deemed a default or breach by Landlord of its obligations under this Lease. Landlord makes no warranty or representation to Tenant as to the suitability, capability or financial strength of any Provider whose equipment is presently serving the Building, and Landlord's consent to a Provider whose equipment is not presently serving the Building shall not be deemed to constitute such a representation or warranty. To the extent the service by a Provider is interrupted, curtailed or discontinued for any reason whatsoever, Landlord shall have no obligation or liability in connection therewith unless the interruption is caused by the negligence or intentional misconduct of Landlord, and it shall be the sole obligation of Tenant at its expense to obtain substitute service. The provisions of this paragraph are solely for the benefit of Tenant and Landlord, are not for the benefit of any third party. No telephone or telecommunications provider shall be deemed a third party beneficiary hereofusing Tenant’s T-1 line connection.

Telecommunications Services. All telephone and telecommunications services desired by Tenant shall be ordered and utilized by Tenant at its sole cost and expense. Tenant understands and acknowledges the telecommunications switching facilities in the Project may be owned and operated by a third party, and such third party may have the right to charge other telecommunications providers for access to such facilities subject to applicable laws, rules and regulations. Tenant shall separately contract with such third party a telephone or another telecommunications provider (a "“Provider"”) to provide telephone and telecommunications services to the Premises. By its acceptance of possession of the Premises, Tenant is deemed to have agreed that the existing number and type of Lines serving the Premises is adequate for Tenant’s occupancy. As used herein, “Lines” shall mean communications and computer wires and cables which service the Premises (including electronic, fiber, phone and data cabling). In connection with Tenant’s rights hereunder, Tenant shall have the non-exclusive right, free of charge, to (i) use all Lines and related equipment in the Building; (ii) use all risers, chaseways, pathways, and spaces within the Building; and to (iii) install, maintain, repair, replace, or remove Lines all as necessary to connect Tenant’s telecommunications, data and cable networks/services to the telecommunications, data and cable networks/services found within the Building or to Tenant’s telecommunications, data and cable networks/services providers. If Tenant desires to utilize the services of a Provider whose equipment is not then presently servicing the Building, such Provider must obtain the written consent of Landlord (Landlord, which consent will shall not be unreasonably withheld, conditioned or delayed) before it will be permitted to install its lines Lines or other equipment within the Building or use existing conduit or riser space and all such Lines shall be installed within the Building or ProjectBuilding’s existing vertical and horizontal riser pathways as designated by Landlord. Landlord's ’s consent to the installation of lines Lines or equipment within the Building by any Provider shall be evidenced by a written agreement between Landlord and the Provider, which contains terms and conditions reasonably acceptable to Landlord. Landlord may engage a third party riser management company to manage access to and maintenance of the Building’s vertical and horizontal pathways and Lines in its reasonable discretionsuch pathways and Tenant shall cooperate with such third party riser management company. Landlord's refusal Any charges specifically allocated to Tenant’s use of, installation, maintenance and repair of Lines shall be for any reason whatsoever to consent to any prospective Provider shall not be deemed a default or breach by Landlord the account of its obligations under this Leaseand separately payable Tenant. Landlord makes no warranty or representation to Tenant as to the suitability, capability or financial strength of any Provider whose equipment is presently serving the Building, and Landlord's ’s consent to a Provider whose equipment is not presently serving the Building shall not be deemed to constitute such a representation or warranty. To the extent the service by a Provider is interrupted, curtailed or discontinued for any reason whatsoever, Landlord shall have no obligation or liability in connection therewith unless the interruption is caused by the negligence or intentional misconduct of Landlord, and it shall be the sole obligation of Tenant at its expense to obtain substitute service. The provisions of this paragraph are solely for the benefit of Tenant and Landlord, are not for the benefit of any third party. No telephone or telecommunications provider shall be deemed a third party beneficiary hereof.

Telecommunications Services. All telephone and telecommunications services desired by Tenant shall be ordered solely responsible at Tenant’s expense for making arrangements for any and utilized by Tenant at its sole cost all voice, data and expense. Tenant understands and acknowledges other telecommunications services (the telecommunications switching facilities in “Telecommunications Services”) to be furnished to the Project may be owned and operated Premises by a third partyparty provider (“Provider”); provided, however, (i) any such Provider selected by Tenant must first be approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed, and when considering any such third party may have request for approval of a Provider, Landlord shall be entitled to take into account all factors relevant to such determination, including the right financial capability, reputation and quality of such Provider, (ii) such Provider shall be required to charge maintain workers’ compensation insurance as required by applicable law which coverage shall include a waiver of subrogation in favor of Landlord, (iii) such Provider shall maintain commercial general liability insurance in an amount not less than $1,000,000 per occurrence with an annual aggregate limit of not less than $3,000,000 insuring against bodily injury and property damage caused by activities of the Provider or its agents, contractors or employees in connection with the installation, maintenance, repair and replacement of equipment, conduits, wires and other telecommunications providers facilities within the Project, and naming Landlord as an additional insured, (iv) Tenant shall obtain certificates of insurance from the Provider evidencing the required insurance coverage and (v) access by the Provider to the Project and use of the Building’s equipment rooms and risers by the Provider and the installation, operation and maintenance by the Provider of such telecommunications facilities shall be governed by the terms of Landlord’s standard communications site access agreement (“Communications Site Access Agreement”) which must be executed by the Provider and Landlord prior to the Provider’s entry upon the Project. It is understood and agreed that the Communications Site Access Agreement requires, among other things, that all cabling and other telecommunications equipment be located only in areas approved by Landlord, to be tagged for access to such facilities subject to applicable lawsidentification and, rules and regulationsupon Landlord’s request, shall be removed following the expiration or earlier termination of the Lease. Tenant shall separately contract not extend Telecommunications Services to, or otherwise make its telecommunications facilities available to, other tenants or occupants of the Project without Landlord’s prior written consent. Tenant acknowledges that Provider’s failure to comply with its obligations under the Communications Site Access Agreement between Provider and Landlord may result in the termination of such third party or agreement which will necessitate Tenant making arrangements for Telecommunications Services to be furnished to the Premises by another telecommunications provider Provider in accordance with this Paragraph 9; provided, however, Landlord agrees that Landlord will not terminate the Communications Site Access Agreement with the Provider furnishing Telecommunications Services to the Premises as a result of the default by the Provider thereunder unless Landlord has provided written notice to Tenant of the Provider’s default under such agreement at least ten (10) days prior to the termination by Landlord of such agreement, and Landlord shall not require such Provider to remove its equipment, wires and cables from the Project for a "Provider"period of thirty (30) days after the date of termination of such agreement so as to provide telephone and telecommunications services Tenant with sufficient time to arrange for Telecommunications Services to be furnished to the PremisesPremises by another Provider. If Tenant desires to utilize the services of a Provider whose equipment is not then servicing the Building, such Provider must obtain the written consent of Landlord (which consent will not be unreasonably withheld, conditioned or delayed) before it will be permitted to install its lines or other equipment within the Building or use existing conduit or riser space within the Building or Project. Landlord's consent to the installation of lines or equipment within the Building by any Provider shall be evidenced by a written agreement between Landlord and the Provider, which contains terms and conditions acceptable to Landlord in its reasonable discretion. Landlord's refusal for any reason whatsoever to consent to any prospective Provider shall not be deemed a default liable to Tenant for, and Tenant does hereby release Landlord and Landlord’s officers, directors, partners, members, employees, agents and contractors (collectively, the “Landlord Parties”) from, any claims, losses, costs, expenses and damages of any kind whatsoever, whether actual, consequential, direct or breach indirect, arising from or caused by Landlord any interruption or cessation of its obligations Telecommunications Services to or within the Premises and the Project, regardless of the cause of such interruption or cessation, and no such interruption or cessation shall work an abatement of Rent under this Lease. Tenant acknowledges that Tenant may elect to obtain and maintain business interruption insurance to cover any risk of loss or damage caused by any interruption or cessation of Telecommunications Services to or within the Premises and the Project, and Tenant agrees that if Tenant shall elect to obtain business interruption insurance covering any such loss or damage, Tenant shall cause its insurer to waive all rights of subrogation against Landlord makes no warranty as provided in Section 22 of the Lease. As between Tenant and the Landlord Parties, Tenant shall bear the sole risk of loss or representation damage caused by any interruption or cessation of Telecommunications Services to or within the Premises and the Project. [SCHEDULE B-1 ATTACHED] EXHIBIT “C” ACKNOWLEDGMENT , ACCEPTANCE AND AMENDMENT Tenant as hereby acknowledges that the Premises demised pursuant to the suitability, capability or financial strength of any Provider whose equipment Lease to which this Exhibit “C is presently serving attached (the Building“Lease”), and all tenant finish items to be completed by the Landlord's consent , or Landlord’s contractors, have been satisfactorily completed in every respect, except for the punchlist items set forth below, and Tenant hereby accepts said Premises as substantially complete and ready for the uses intended as set forth in the Lease. Landlord shall use reasonable efforts to a Provider whose equipment cause the completion of the punchlist items, if any, within thirty (30) days. Possession of the Premises is not presently serving the Building shall not be deemed hereby delivered to constitute such a representation Tenant, and any damages to walls, ceilings, floors or warranty. To the extent the service by a Provider is interruptedexisting work, curtailed or discontinued except for any reason whatsoever, Landlord shall have no obligation or liability in connection therewith unless the interruption is damages caused by the negligence Landlord or intentional misconduct of Landlord’s contractors in completing any punchlist items, and it shall be the sole obligation responsibility of Tenant. If any improvements or tenant finishes are to be constructed or installed by Tenant or Tenant’s contractors, as previously approved by Landlord, Tenant hereby agrees to indemnify and hold harmless Landlord from and against any claims, demands, loss or damage Landlord may suffer or sustain as a result of such work by Tenant or Tenant’s contractors, including, without limitation, any claim of lien which may be filed against the Premises or Landlord’s Property as a result of such work by Tenant’s contractors or representatives. In the event any such claim of lien is filed against Landlord’s Property by any contractor, laborer or materialman performing work on the Premises at its expense Tenant’s direction, Tenant agrees to obtain substitute servicecause such lien to be discharged, by payment of the claim or bond, within ten (10) days of receipt of demand by Landlord. The provisions of this paragraph are solely for the benefit of Tenant and Landlord, are not for the benefit of any third party. No telephone or telecommunications provider shall be deemed a third party beneficiary hereof.Landlord hereby further acknowledge and agree as follows:

Telecommunications Services. Tenant and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have no right to access to and within the Building, for the installation and operation of telecommunications systems, including voice, video, data, internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems ("Telecommunications Services"), for part or all of Tenant's telecommunications within the Building and from the Building to any other location without Landlord's prior written consent, which consent may be withheld in Landlord's absolute discretion. All telephone and telecommunications services desired by Tenant providers of Telecommunications Services shall be ordered required to comply with the rules and utilized by regulations of the Building, applicable laws and Landlord's policies and practices for the Building. Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to Tenant or Tenant's Agents in connection with the installation, operation or maintenance of Telecommunication Services or any equipment or facilities relating thereto. Tenant, at its Tenant's sole cost and expense. Tenant understands expense and acknowledges the telecommunications switching facilities for its own account, shall be solely responsible for obtaining all Telecommunications Services in the Project may be owned and operated by a third party, and such third party may have the right to charge other telecommunications providers for access to such facilities subject to applicable laws, rules and regulations. Tenant shall separately contract connection with such third party or another telecommunications provider (a "Provider") to provide telephone and telecommunications services to the Premises. If Tenant desires to utilize the services No interruption or discontinuance of a Provider whose equipment is not then servicing the Building, such Provider must obtain the written consent of Landlord (which consent will not be unreasonably withheld, conditioned or delayed) before it any Telecommunications Services will be permitted deemed an eviction or a disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord liable to install its lines Tenant for damages or other equipment within abatement of Rent or relieve Tenant from the Building or use existing conduit or riser space within the Building or Project. Landlordresponsibility of performing any of Tenant's consent to the installation of lines or equipment within the Building by any Provider shall be evidenced by a written agreement between Landlord and the Provider, which contains terms and conditions acceptable to Landlord in its reasonable discretion. Landlord's refusal for any reason whatsoever to consent to any prospective Provider shall not be deemed a default or breach by Landlord of its obligations under this Lease. Landlord makes no warranty or representation to Tenant as to the suitabilityThe existing Telecommunication Service Equipment, capability or financial strength of any Provider whose equipment listed in Exhibit "C" is presently serving the Building, and approved by Landlord's consent to a Provider whose equipment is not presently serving the Building shall not be deemed to constitute such a representation or warranty. To the extent the service by a Provider is interrupted, curtailed or discontinued for any reason whatsoever, Landlord shall have no obligation or liability in connection therewith unless the interruption is caused by the negligence or intentional misconduct of Landlord, and it shall be the sole obligation of Tenant at its expense to obtain substitute service. The provisions of this paragraph are solely for the benefit of Tenant and Landlord, are not for the benefit of any third party. No telephone or telecommunications provider shall be deemed a third party beneficiary hereof.

Telecommunications Services. All telephone and telecommunications services desired by Tenant shall be ordered and utilized by Tenant at its sole cost and expense. Tenant understands and acknowledges the telecommunications switching facilities in the Project may be owned and operated by a third party, and such third party may have the right to charge other telecommunications providers for access to such facilities subject to applicable laws, rules and regulations. Tenant shall separately contract with such third party a telephone or another telecommunications provider (a "“Provider"”) to provide telephone and telecommunications services to the Premises. By its acceptance of possession of the Premises, Tenant is deemed to have agreed that the existing number and type of Lines serving the Premises is adequate for Tenant’s occupancy. As used herein, “Lines” shall mean communications and computer wires and cables which service the Premises (including electronic, fiber, phone and data cabling). In connection with Tenant’s rights hereunder, Tenant shall have the non-exclusive right, free of charge, to (i) use all Lines and related equipment in the Building; (ii) use all risers, chaseways, pathways, and spaces within the Building; and to (iii) install, maintain, repair, replace, or remove Lines all as necessary to connect Tenant’s telecommunications, data and cable networks/services to the telecommunications, data and cable networks/services found within the Building or to Tenant’s telecommunications, data and cable networks/services providers. If Tenant desires to utilize the services of a Provider whose equipment is not then presently servicing the Building, such Provider must obtain the written consent of Landlord (Landlord, which consent will shall not be unreasonably withheld, conditioned or delayed) before it will be permitted to install its lines Lines or other equipment within the Building or use existing conduit or riser space and all such Lines shall be installed within the Building or ProjectBuilding’s existing vertical and horizontal riser pathways as designated by Landlord. Landlord's ’s consent to the installation of lines Lines or equipment within the Building by any Provider shall be evidenced by a written agreement between Landlord and the Provider, which contains terms and conditions reasonably acceptable to Landlord. Landlord may engage a third party riser management company to manage access to and maintenance of the Building’s vertical and horizontal pathways and Lines in its reasonable discretionsuch pathways and Tenant shall cooperate with such third party riser management company. Landlord's refusal Any charges specifically allocated to Tenant’s use of, installation, maintenance and repair of Lines shall be for any reason whatsoever to consent to any prospective Provider shall not be deemed a default or breach by Landlord the account of its obligations under this Leaseand separately payable Tenant. Landlord makes no warranty or representation to Tenant as to the suitability, capability or financial strength of any Provider whose equipment is presently serving the Building, and Landlord's ’s consent to a Provider whose equipment is not presently serving the Building shall not be deemed to constitute such a representation or warranty. To Notwithstanding anything to the extent contrary in the service by a Provider is interrupted, curtailed or discontinued for any reason whatsoeverforegoing, Landlord shall have no obligation or liability represents that there is adequate space existing in connection therewith unless the interruption Building’s vertical riser as of the Effective Date to accommodate Tenant’s use of the Premises for the normal conduct of its business, provided such use is caused by in keeping with the negligence or intentional misconduct of Landlord, and it shall be the sole obligation of Tenant at its expense to obtain substitute servicePermitted Use. The provisions of this paragraph Paragraph 8.F are solely for the benefit of Tenant and Landlord, Landlord and are not for the benefit of any third party. No , specifically including without limitation any telephone or telecommunications provider shall be deemed a third party beneficiary hereofprovider.