ANTENNA EQUIPMENT. (a) Landlord will grant to Tenant, for Tenant’s own use and not for resale purposes, a non-exclusive license of sufficient space on the roof of the Building, at a location designated by Landlord in its sole discretion, for the construction, installation, operation and use by Tenant of up to six (6) antenna masts for the installation of cellular communications antennae or satellite dishes, none of which shall exceed ten feet (10’) in overall height or, in the case of satellite dishes, one (1) meter in width, for use in conjunction with Tenant’s equipment and facilities in the Premises, together with related cabling, mountings and supports for the foregoing (collectively, the “Antenna Equipment”), at a location or locations designated by Landlord, taking into account any reasonable “line of sight” requirements of Tenant. (b) If the Antenna Equipment interferes with any equipment installed by Landlord or any tenant in the Building leasing space in the Building as of the date of this Lease, or interferes with the operation of the Building or the Building Systems, or if Landlord shall determine that the operation thereof (i) may cause a health hazard or danger to property, (ii) may not be in accordance with governmental or quasi-governmental standards for non-ionizing radiation for occupational or general public health levels, then Tenant, at its expense, shall take all steps necessary to eliminate such interference, and if Tenant shall fail to eliminate such interference, Tenant shall relocate the Antenna Equipment to another area on the roof designated by Landlord. In the event Tenant fails, within thirty (30) days after notice, to relocate or remove the Antenna Equipment, Landlord may do so, and Tenant shall promptly reimburse Landlord for any costs and expenses incurred by Landlord in connection therewith. (c) Landlord makes no representation that the Antenna Equipment will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof) and Tenant agrees that Landlord shall not be liable to Tenant therefor. (d) Tenant shall pay to Landlord, as a fee for the Antenna Equipment (the “Antenna License Fee”) in a amount per month equal to the product of (i) of Five Hundred and 00/100 Dollars ($500.00), multiplied by (ii) the number of antenna masts installed by Tenant pursuant to Section 9.8(a). The Antenna License Fee shall be payable by Landlord in advance on the first day of each calendar month during the Term, and if the Term shall commence or terminate on other than the first day or last day, respectively, of a calendar month, the Antenna License Fee for such month shall be prorated based upon the actual number of days elapsed.
Appears in 2 contracts
Samples: Sublease (Switch & Data, Inc.), Sublease (Switch & Data, Inc.)
ANTENNA EQUIPMENT. (a) Landlord will grant to Tenant, for Tenant’s own use and not for resale purposes, a non-exclusive license of sufficient space on the roof of the Building, at a location designated by Landlord in its sole discretion, for the construction, installation, operation and use by Tenant of up to six (6) antenna masts for the installation of cellular communications antennae or satellite dishes, none of which shall exceed ten feet (10’) in overall height or, in the case of satellite dishes, one (1) meter in width, for use in conjunction with Tenant’s equipment and facilities in the Premises, together with related cabling, mountings and supports for the foregoing (collectively, the “Antenna Equipment”), at a location or locations designated by Landlord, taking into account any reasonable “line of sight” requirements of Tenant.
(b) If the Antenna Equipment interferes with any equipment installed by Landlord or any tenant in the Building leasing space in the Building as of the date of this Lease, or interferes with the operation of the Building or the Building Systems, or if Landlord shall determine that the operation thereof (i) may cause a health hazard or danger to property, (ii) may not be in accordance with governmental or quasi-governmental standards for non-ionizing radiation for occupational or general public health levels, then Tenant, at its expense, shall take all steps necessary to eliminate such interference, and if Tenant shall fail to eliminate such interference, Tenant shall relocate the Antenna Equipment to another area on the roof designated by Landlord. In the event Tenant fails, within thirty (30) days after notice, to relocate or remove the Antenna Equipment, Landlord may do so, and Tenant shall promptly reimburse Landlord for any costs and expenses incurred by Landlord in connection therewith.
(c) Landlord makes no representation that the Antenna Equipment will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
(d) Tenant shall pay to Landlord, as a fee for the Antenna Equipment (the “Antenna License Fee”) in a amount per month equal to the product of (i) of Five Hundred [*] and 00/100 [*]/100 Dollars ($500.00[*]), multiplied by (ii) the number of antenna masts installed by Tenant pursuant to Section 9.8(a). The Antenna License Fee shall be payable by Landlord in advance on the first day of each calendar month during the Term, and if the Term shall commence or terminate on other than the first day or last day, respectively, of a calendar month, the Antenna License Fee for such month shall be prorated based upon the actual number of days elapsed.
Appears in 2 contracts
Samples: Sublease (Switch & Data, Inc.), Sublease (Switch & Data, Inc.)
ANTENNA EQUIPMENT. (a) Landlord will grant to TenantTenant without additional rental or other charge, for Tenant’s own use and not for resale purposes, the right to use a non-exclusive license portion of sufficient space the Support Space on the roof of the BuildingBuilding depicted on Exhibit E-1, at a location specifically designated by Landlord in its sole discretionfrom time to time, for the construction, installation, operation and use by Tenant of up to six (6) antenna masts for the installation of cellular communications antennae or satellite dishes, none of which shall exceed ten feet (10’) in overall height or, in the case of satellite dishes, one (1) meter in width, for use in conjunction with Tenant’s equipment and facilities in the Premises, together with related cabling, mountings and supports for the foregoing (collectively, the “Antenna Equipment”), at a location or locations reasonably designated by Landlord, taking into account any reasonable “line of sight” requirements of Tenant.
(b) If All of the provisions of this Lease shall apply to the installation, use and maintenance of the Antenna Equipment, including all provisions relating to compliance with Laws (including all FCC rules and regulations), insurance, indemnity, repairs and maintenance. The license granted to Tenant in this Section 10.7 shall not be assignable by Tenant separately from this Lease. The Antenna Equipment shall be treated for all purposes of this Lease as Tenant’s Property.
(c) Supplementing the provisions of Section 10.7(b), if the Antenna Equipment interferes with any equipment installed by Landlord or any tenant in the Building leasing space in the Building as of the date of this LeaseBuilding, or interferes with the operation of the Building or the Building Systems, or if Landlord shall reasonably determine that the operation thereof (i) may cause a health hazard or danger to property, or (ii) may reasonably not be in accordance with governmental or quasi-governmental standards for non-ionizing radiation for occupational or general public health levels, then Tenant, at its sole cost and expense, shall take all steps necessary to eliminate such interferencecondition, and if Tenant shall fail to eliminate such interferencecondition, Tenant shall relocate the Antenna Equipment to another area on the roof of the Building reasonably designated by Landlord. In the event Tenant fails, within thirty (30) days after notice, to relocate or remove the Antenna Equipment, Landlord may do so, and Tenant shall promptly reimburse Landlord for any costs and expenses incurred by Landlord as provided in connection therewithSection 10.7(b).
(cd) Landlord makes no representation that the Antenna Equipment will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
(d) Tenant shall pay to Landlord, as a fee for the Antenna Equipment (the “Antenna License Fee”) in a amount per month equal to the product of (i) of Five Hundred and 00/100 Dollars ($500.00), multiplied by (ii) the number of antenna masts installed by Tenant pursuant to Section 9.8(a). The Antenna License Fee shall be payable by Landlord in advance on the first day of each calendar month during the Term, and if the Term shall commence or terminate on other than the first day or last day, respectively, of a calendar month, the Antenna License Fee for such month shall be prorated based upon the actual number of days elapsed.
Appears in 2 contracts
Samples: Lease Agreement (Emdeon Inc.), Lease Agreement (Emdeon Inc.)
ANTENNA EQUIPMENT. (a) Subject to the provisions of Section 9.9, Landlord will grant hereby grants to Tenant, for use by Tenant and Tenant’s own use 's colocation customers and not for resale purposes, a non-exclusive license of sufficient five hundred (500) square feet of space on the roof of the Building, at a location designated by Landlord in its sole discretion, for the construction, installation, operation and use by Tenant of up antennas, not to six (6) antenna masts for the installation of cellular communications antennae or satellite dishes, none of which shall exceed ten feet (10’') in overall height or, in the case of satellite dishes, one (1) meter in widthheight, for use in conjunction with Tenant’s 's equipment and facilities in the Premises, Premises together with related cabling, mountings and supports for the foregoing (collectively, the “"Antenna Equipment”"), at a location or locations designated by Landlord, taking into account any reasonable “"line of sight” " requirements of Tenant.
(b) If Supplementing the provisions of Section 9.9(c), if the Antenna Equipment materially interferes with any equipment installed by Landlord or any tenant in the Building leasing space in the Building building as of the date of this Lease, or materially interferes with the operation of the Building or the Building Systems, or if Landlord shall determine that the operation thereof (i) may cause a health hazard or danger to property, (ii) may not be in accordance with governmental or quasi-governmental standards for non-ionizing radiation for occupational or general public health levels, then Tenant, at its sole cost and expense, shall take all steps necessary to eliminate such interference, and if Tenant shall fail to eliminate such interference, Tenant shall relocate the Antenna Equipment to another area on the roof of the Building designated by Landlord. In the event Tenant fails, within thirty (30) days after notice, to relocate or remove the Antenna Equipment, Landlord may do so, and Tenant shall promptly reimburse Landlord for any costs and expenses incurred by Landlord as provided in connection therewithSection 9.9(c).
(c) Supplementing the provisions of Section 9.9(e), Landlord makes no representation that the Antenna Equipment will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
(d) Tenant shall pay to Landlord, as a fee for the Antenna Equipment (the “Antenna License Fee”) in a amount per month equal to the product of (i) of Five Hundred and 00/100 Dollars ($500.00), multiplied by (ii) the number of antenna masts installed by Tenant pursuant to Section 9.8(a). The Antenna License Fee shall be payable by Landlord in advance on the first day of each calendar month during the Term, and if the Term shall commence or terminate on other than the first day or last day, respectively, of a calendar month, the Antenna License Fee for such month shall be prorated based upon the actual number of days elapsed.
Appears in 1 contract
ANTENNA EQUIPMENT. (a) Landlord will grant hereby grants to Tenant, for Tenant’s own use and for use by Tenant’s invitees, licensees and/or subtenants operating in the Premises, and not for resale purposes, a non-exclusive license of sufficient space on to use the roof of the BuildingRoof Space, at a location designated by Landlord in its sole discretion, for the construction, installation, operation and use by Tenant of up to six two (62) antenna masts masts, not to exceed ten feet (10’) in overall height, for the installation of cellular communications antennae or satellite dishes, none of which shall exceed ten feet (10’) in overall height or, in the case of satellite dishes, one (1) meter in widthdiameter, for use in conjunction with Tenant’s equipment and facilities in the Premises, together with related cabling, mountings mountings, conduits and supports for the foregoing (collectively, the “Antenna Equipment”), at a location or locations designated by LandlordLandlord (which locations, as of the date hereof, are shown on Exhibit G hereto), taking into account any reasonable “line of sight” requirements of Tenant. There shall be no charge to Tenant for using the Roof Space for the Antenna Equipment. The Antenna Equipment shall be deemed to constitute Roof Equipment for purposes of Section 10.10.
(b) If Supplementing the provisions of Section 10.10(c), if the Antenna Equipment interferes with any equipment installed by Landlord or any tenant in the Building leasing space in the Building as of the date of this LeaseBuilding, or interferes with the operation of the Building or the Building Systems, or if Landlord shall determine that the operation thereof (i) may cause a health hazard or danger to property, or (ii) may not be in accordance with governmental or quasi-governmental standards for non-ionizing radiation for occupational or general public health levels, then Tenant, at its expense, shall take all steps necessary to eliminate such interferencecondition, and if Tenant shall fail to eliminate such interferencecondition, Tenant shall relocate the Antenna Equipment to another area on the roof of the Building designated by Landlord, as provided in Section 10.10(c). In Landlord represents that provisions similar to this Section 10.11(b) are in all existing leases of space in the event Tenant fails, within thirty (30) days after notice, Building which grant the tenants thereunder the right to relocate or remove install Antenna Equipment and will be included in all new leases of space in the Building which grant the tenants thereunder the right to install Antenna Equipment, and that Landlord may do so, and Tenant shall promptly reimburse Landlord for any costs and expenses incurred by Landlord enforce such provisions in connection therewitha non-discriminatory manner.
(c) Supplementing the provisions of Section 10.10(e), Landlord makes no representation that the Antenna Equipment will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
(d) Tenant shall pay to Landlord, as a fee for the Antenna Equipment (the “Antenna License Fee”) in a amount per month equal to the product of (i) of Five Hundred and 00/100 Dollars ($500.00), multiplied by (ii) the number of antenna masts installed by Tenant pursuant to Section 9.8(a). The Antenna License Fee shall be payable by Landlord in advance on the first day of each calendar month during the Term, and if the Term shall commence or terminate on other than the first day or last day, respectively, of a calendar month, the Antenna License Fee for such month shall be prorated based upon the actual number of days elapsed.
Appears in 1 contract
Samples: Lease Agreement (Telx Group, Inc.)
ANTENNA EQUIPMENT. (a) Landlord will grant to Tenant, for Tenant’s own use and not for resale purposesby Tenant in the ordinary course of its business, a non-exclusive license the right to use up to one hundred (100) gross square feet of sufficient space the Equipment Space on the roof of the Building, at a location designated by Landlord in its sole discretion, for the construction, installation, operation and use by Tenant of up to six (6) antenna masts for the installation of cellular communications antennae or satellite dishes, none of which shall not to exceed ten feet (10’) in overall height or, in the case of satellite dishes, one (1) meter in widthheight, for use in conjunction with Tenant’s equipment Alterations and facilities in the Premises, together with related cabling, mountings and supports for the foregoing (collectively, the “Antenna Equipment”), at a location or locations designated by Landlord, taking into account any reasonable “line of sight” requirements of Tenant, all in compliance with the Laws. The Antenna Equipment shall be deemed to constitute Tenant’s Alterations for purposes of Sections 4.3 and 10.6.
(b) All of the provisions of this Lease shall apply to the installation, use and maintenance of the Antenna Equipment, including all provisions relating to compliance with Laws (including all FCC rules and regulations), insurance, indemnity, repairs and maintenance. The lights granted to Tenant in this Section 10.8 shall not be assignable by Tenant separately from this Lease, provided that the use of the Antenna Equipment in the normal course of Tenant’s business shall not be deemed to constitute an assignment or transfer of this Lease.
(c) If the Antenna Equipment interferes with any equipment installed by Landlord or any tenant in the Building leasing space in prior to the Building as installation of the date of this LeaseAntenna Equipment, or interferes with the operation of the Building or the Building Systems, or if Landlord shall determine determine, in its reasonable judgment, that the operation thereof (i) is likely to may cause a health hazard or danger to property, or (ii) may will not be in accordance with governmental or quasi-governmental standards for non-ionizing radiation for occupational or general public health levels, then Tenant, at its sole cost and expense, shall take all steps necessary to eliminate such interferencecondition, and if Tenant shall fail to eliminate such interferencecondition, Tenant shall relocate the Antenna Equipment to another area on the roof of the Building designated by Landlord. In the event Tenant fails, within thirty (30) days after notice, to relocate or remove the Antenna Equipment, Landlord may do so, and Tenant shall promptly reimburse Landlord for any costs and expenses incurred by Landlord in connection therewith.
(cd) Landlord makes no representation that the Antenna Equipment will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
(d) Tenant shall pay therefore. Notwithstanding the foregoing, Landlord agrees to Landlord, as a fee for the use commercially reasonable efforts to minimize any interference with Antenna Equipment (the “Antenna License Fee”) in a amount per month equal caused by Landlord or any Landlord Party, or, to the product extent within Landlord’s reasonable control, by any other tenants or occupants of (i) of Five Hundred and 00/100 Dollars ($500.00), multiplied by (ii) the number of antenna masts installed by Tenant pursuant to Section 9.8(a). The Antenna License Fee shall be payable by Landlord in advance on the first day of each calendar month during the Term, and if the Term shall commence or terminate on other than the first day or last day, respectively, of a calendar month, the Antenna License Fee for such month shall be prorated based upon the actual number of days elapsedBuilding.
Appears in 1 contract
Samples: Lease Agreement (Rackspace Inc)