Common use of ANTENNA LICENSE Clause in Contracts

ANTENNA LICENSE. Subject to the terms of this Section 41, Landlord hereby grants to Tenant a license during the Term, provided that Tenant is not in default under this Lease: to install and operate one (1) satellite dish (solely for Tenant’s business as conducted within the Premises, and not for any resale or other commercial purpose), microwave antennae, or other similar equipment in and on the Building, at no additional charge, in accordance with specifications and at the location(s) approved by Landlord in writing in advance, in Landlord’s sole discretion (all of the foregoing items being hereinafter collectively referred to as the “Antenna”). Tenant shall have the right to erect fencing and other equipment to protect the Antenna, subject to Landlord’s approval which shall not be unreasonably withheld, conditioned or delayed. Landlord shall have the right to relocate the Antenna to another location on the roof of the Building, which shall be accomplished at Landlord’s sole expense, and which right shall not be exercised by Landlord in a manner which would deprive Tenant of a clear reception, within the requirements of the Federal Communications Commission governing the Antenna. Any provision hereof to the contrary notwithstanding, Landlord shall have the right, in its sole discretion, to require Tenant to use a contractor specified by Landlord to install the Antenna, all at Tenant’s sole cost and expense, or to have a contractor specified by Landlord supervise the installation of the Antenna by Tenant’s contractor and in such event Tenant agrees to pay Landlord’s contractor’s reasonable supervision fees. This Section 41 shall be subject at all times to the following conditions (the failure of any of which shall be a material breach of this Section 41 by Tenant and shall give Landlord the right to terminate Tenant’s access and use of the roof for said Antenna):

Appears in 2 contracts

Samples: Evolent Health, Inc., Evolent Health, Inc.

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ANTENNA LICENSE. Subject to the terms of this Section 4139, Landlord hereby grants to Tenant a license during the Term, provided that Tenant is not in default under this Lease: to install and operate one not more than five (15) satellite dish dishe(s) (solely for Tenant’s 's business as conducted within the Premises, and not for any resale or other commercial purpose), microwave antennae, or antennae and other similar equipment in and on the Building, at no additional charge, Building in accordance with specifications and at the location(s) approved by Landlord in writing in advance, in Landlord’s 's sole discretion (all of the foregoing items being hereinafter collectively referred to as the “Antenna”"Antennae"). Tenant shall have the right to erect fencing and other equipment to protect the Antenna, subject to Landlord’s approval which shall not be unreasonably withheld, conditioned or delayed. Landlord shall also have the right to relocate the Antenna Antennae to another location on the roof of the Building, which shall be accomplished at Landlord’s 's sole expense, and which right shall not be exercised by Landlord in a manner which would deprive Tenant of a clear reception, within the requirements of the Federal Communications Commission governing the AntennaAntennae. Any provision hereof to the contrary notwithstanding, Landlord shall have the right, in its sole discretion, to require Tenant to use a contractor specified by Landlord to install the AntennaAntennae, all at Tenant’s 's sole cost and expense, or to have a contractor specified by Landlord supervise the installation of the Antenna Antennae by Tenant’s 's contractor and in such event sucx xxxxt Tenant agrees to pay Landlord’s contractor’s reasonable supervision 's xxxxxxctor's reasonabxx xxxxxvision fees. In the event Tenant undertakes installation of the Antennae, Tenant shall pay to Landlord, in advance, in equal monthly installments an amount equal to the product of (x) Three Hundred Dollars ($300.00) multiplied by (y) the number of units of Antennae installed by Tenant (the "Monthly License Fee"), payable on or before the first day of each month during the Term, without demand, deduction, set-off or counterclaim. If Tenant undertakes installation of the Antennae on a date other than the first day of a calendar month, Tenant shall receive a credit equal to (a) the Monthly License Fee multiplied by (b) the quotient of the number of days in said calendar month prior to such installation date divided by the number of days in such month, which credit shall be applied toward the installment of the Monthly License Fee next due hereunder. This Section 41 39 shall be subject at all times to the following conditions (the failure of any of which shall be a material breach of this Section 41 39 by Tenant and shall give Landlord the right to terminate Tenant’s 's access and use of the roof for said AntennaAntennae):

Appears in 1 contract

Samples: Eplus Inc

ANTENNA LICENSE. Subject to the terms of this Section 41, Landlord hereby grants to Tenant a license during the Term, provided that Tenant is not in default under this Lease: non-exclusive License to install and operate one (1) satellite dish (solely for Tenant’s business as conducted within the Premises, and not for any resale or other commercial purpose), microwave antennae, or other similar equipment in and on the Building, at no additional charge, in accordance with specifications and at the location(s) approved by Landlord in writing in advance, in Landlord’s sole discretion (all of the foregoing items being hereinafter collectively referred to as the “Antenna”). Tenant shall have the right to erect fencing and other equipment to protect the Antenna, subject to Landlord’s approval which shall not be unreasonably withheld, conditioned or delayed. Landlord shall have the right to relocate the Antenna to another location an antenna on the roof of the East Office Building and the West Office Building, which shall be accomplished at Landlord’s sole expense, subject to all the terms and which right shall not be exercised by Landlord conditions provided in a manner which would deprive Tenant of a clear reception, within the Antenna License attached as EXHIBIT G (the "ANTENNA LICENSE") and to the requirements of the Federal Communications Commission governing City, including, without limitation, the Antennascreening requirements imposed by the City for rooftop equipment. Any provision hereof Landlord and Tenant acknowledge that the Antenna License will be executed by the parties subsequent to the contrary notwithstanding, Landlord shall have the right, in their execution of this Lease and after Tenant has determined its sole discretion, to require Tenant to use a contractor specified by Landlord to install the Antenna, all at Tenant’s sole cost and expense, or to have a contractor specified by Landlord supervise the installation reasonable requirements for rooftop antennae use. The parties further acknowledge that certain provisions of the Antenna by License have been left for future negotiation, including provisions governing the square footage of the Rooftop Space and the Equipment Room (as such terms are defined in the Antenna License) available for Tenant’s contractor 's use. Landlord and Tenant shall negotiate reasonably and in such event good faith to reach agreement on those provisions of the Antenna License which remain open to further negotiation. In this regard, Landlord acknowledges that Tenant agrees is leasing the entire East Office Building and the entire West Office Building, and that, subject to pay meeting the requirements imposed by the City for the City's rooftop use (including Communications Spaces) and the reasonable requirements of Landlord for either its own use, or for use by third party licensees ("COMMUNICATIONS LICENSEES") of Landlord’s contractor’s reasonable supervision fees. This Section 41 , of the rooftop, Equipment Room, and Communications Spaces (as distinguished from Landlord's use for the direct or indirect benefit of others), Tenant shall be given a preferential right to utilize a reasonable amount of Rooftop Space and Equipment Room space to meet Tenant's own requirements, subject at all times to and in accordance with the following conditions other applicable provisions of the Antenna License. Landlord shall not enter into a license with any Communication Licensees until the earlier of (i) thirty (30) days after Landlord receives Tenant's plans listed in Section 6.1 of the failure License, or (ii) ninety (90) days after the Final Rent Commencement Date, and thereafter Landlord's right to enter into a license with any Communications Licensees is subject to Tenant's prior right, upon prior written notice to Landlord, to utilize the Rooftop Space and Equipment Room for Tenant's use in accordance with the provisions of this Lease. Tenant shall have prior approval rights over the location and equipment of any Communications Licensees, only if the equipment (including the location of which shall be a material breach such equipment), or transmissions from the Communications Licensees interferes with Tenant's use of the Rooftop Space, Equipment Room or Communications Spaces. In the event of any conflict between the provisions of this Section 41 by Tenant 42 and shall give Landlord the right to terminate Tenant’s access and use provisions of the roof for said Antenna):Antenna License attached hereto as Exhibit G, the provisions of this Section 42 shall prevail.

Appears in 1 contract

Samples: Lease Agreement (Inktomi Corp)

ANTENNA LICENSE. Subject to the terms of this Section 41Xxxxxxxxx 00, Landlord Xxxxxxxx hereby grants to Tenant a license during the Term, provided that Tenant is not in default under this Lease: , to install and operate one (1) satellite dish antenna which is not larger than eighteen inches (18") by twenty-three inches (23") (solely for Tenant’s 's business as conducted within the Demised Premises, and not for any 84 resale or other commercial purpose), microwave antennae, or other similar equipment in and ) on the Building, at no additional charge, roof of the Building in accordance with specifications and at the location(s) a location approved by Landlord in writing in advance, in Landlord’s 's sole discretion (all of the foregoing items such antenna being hereinafter collectively referred to as the "Antenna"). Tenant shall have the right to erect fencing and other equipment to protect the Antenna, subject to Landlord’s approval which shall not be unreasonably withheld, conditioned or delayed. Landlord shall have the right right, following such notice to Tenant as is reasonable under the circumstances, to relocate the Antenna to another location on the roof of the Building, which shall be accomplished at Landlord’s 's sole expense, and which right shall not be exercised by Landlord in a manner which would (i) unreasonably interfere with Tenant's business operations within the Demised Premises, or (ii) deprive Tenant of a clear reception, within the requirements of the Federal Communications Commission governing the Antenna. Any provision hereof to the contrary notwithstanding, Landlord shall have the right, in its sole discretion, to require Tenant to use a contractor specified by Landlord to install the Antenna, all at Tenant’s 's sole but reasonable cost and expense, or to have a contractor specified by Landlord supervise the installation of the Antenna by Tenant’s 's contractor and in such event Tenant agrees to pay Landlord’s 's contractor’s 's reasonable supervision fees. In addition to all other Rent payable hereunder, in the event that Tenant undertakes installation of the Antenna and continues to have such Antenna installed or located on the roof of the Building, then Tenant also shall pay to Landlord a license fee, as Additional Rent hereunder, for the operation of the Antenna (the "Antenna Fee"), commencing on the first day of the month in which the Antenna is installed. The Antenna Fee shall be in the amount of Nine Hundred Dollars ($900.00) per month and shall be payable on or before the first day of each month during the Term, without demand, deduction, set-off or counterclaim, during the first four (4) Lease Years of the Term, and thereafter the Antenna Fee shall be redetermined as of the first day of the fifth (5th) Lease Year and the first day of each fourth (4th) Lease Year thereafter during the Term (including the Renewal Periods, if applicable), which redetermined antenna fee shall be the greater of (i) the Antenna Fee then in effect on the last day of the then expiring period, or (ii) one hundred percent (100%) of the then prevailing market rate for roof-top antenna space at comparable office buildings in Washington, D.C., which prevailing market rate shall be determined in the same manner and utilizing the same procedures as apply to the determination of the Prevailing Market Rent for a Renewal Period pursuant to Paragraph 55 hereof. This Section 41 Paragraph 60 shall be subject at all times to the following conditions (the failure of any of which shall be a material breach of this Section 41 Paragraph 60 by Tenant and shall give Landlord the right to terminate Tenant’s 's access and use of the roof for said the Antenna):

Appears in 1 contract

Samples: Lease Agreement (National Consumer Cooperative Bank /Dc/)

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ANTENNA LICENSE. Subject to the terms of this Section 41Xxxxxxxxx 00, Landlord Xxxxxxxx hereby grants to Tenant a license during the Term, provided that Tenant is not in default there then exists no Event of Default under this Lease: , to install and operate one (1) eighteen inch (18") satellite dish antenna (solely for Tenant’s 's business as conducted within the Demised Premises, and not for any resale or other commercial purpose), microwave antennae, or other similar equipment in and on the Building, at no additional charge, in accordance with specifications and at the location(s) locations approved by Landlord in writing in advance, in Landlord’s 's sole discretion (all of the foregoing items such antenna being hereinafter collectively referred to as the "Antenna"). Tenant shall have the right to erect fencing and other equipment to protect the Antenna, subject to Landlord’s approval which shall not be unreasonably withheld, conditioned or delayed. Landlord shall also have the right to relocate the Antenna to another location on the roof of the Building, which shall be accomplished at Landlord’s 's sole expense, and which right shall not be exercised by Landlord in a manner which would deprive Tenant of a clear reception, within the requirements of the Federal Communications Commission governing the Antenna. Any provision hereof to the contrary notwithstanding, Landlord shall have the right, in its sole discretion, to require Tenant to use a contractor specified by Landlord to install the Antenna, all at Tenant’s 's sole cost and expense, or to have a contractor specified by Landlord supervise the installation of the Antenna by Tenant’s 's contractor and in such event Tenant agrees to pay Landlord’s 's contractor’s 's reasonable supervision fees. In the event Tenant undertakes installation of the Antenna, Tenant shall pay to Landlord, in advance, a license fee (the "Antenna Fee"), as Additional Rent hereunder, commencing on the first day of the month in which the Antenna is installed. The Antenna Fee shall be in the amount of Five Hundred Dollars ($500.00) per month and shall be payable on or before the first day of each month during the Term, without demand, deduction, set-off or counterclaim; provided, however, that commencing on the first day of the second (2nd) Lease Year of the Term and on the first day of each subsequent Lease year of the Term thereafter, the Antenna Fee shall be increased to an amount equal to one hundred two percent (102%) of the Antenna Fee in effect for the previous Lease Year. If Tenant undertakes installation of the Antenna on a date other than the first day of a calendar month, Tenant shall receive a credit equal to (a) the Antenna Fee multiplied by (b) the quotient of the number of days in said calendar month prior to such installation date divided by the number of days in such month, which credit shall be applied toward the installment of the Antenna Fee next due hereunder. This Section 41 Paragraph 59 shall be subject at all times to the following conditions (the failure of any of which shall be a material breach of this Section 41 Paragraph 59 by Tenant and shall give Landlord the right to terminate Tenant’s 's access and use of the roof for said Antenna):

Appears in 1 contract

Samples: Lease Agreement (Lecg Corp)

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