Antenna Rights. Tenant shall have the right, subject to and in accordance with the provisions of this Paragraph, to use the roof of the Building to install, maintain and operate, at its sole cost and expense, send/receive antennas, satellite dishes and/or telecommunication equipment, together with related equipment and support structures (collectively, the “Antenna”), subject to Landlord’s prior approval, not to be unreasonably withheld or delayed, with respect to the size, location, number and use of the Antenna and to run communications or computer wires, cables and related devices (collectively, the “Lines”) therefrom into the Premises. Tenant shall furnish detailed plans and specifications for the Antenna (or any modifications thereof) to Landlord for its prior approval. The parties agree that Tenant’s use of the rooftop of the Building is a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person for any use including installation of other antennas and support equipment, without interference with Tenant’s rights hereunder. If Tenant’s construction, installation, maintenance, repair, operation or use of the Antenna shall interfere with the rights of Landlord (including, without limitation, Landlord’s right to reasonably use the remainder of the roof), Tenant shall cooperate with Landlord in eliminating such interference. Tenant shall secure and keep in full force and effect, from and after the time Tenant begins construction and installation of the Antenna, such supplementary insurance with respect to the Antenna as Landlord may reasonably require. In connection with the installation, maintenance, operation and removal of the Antenna, Tenant, at Tenant’s sole cost and expense, shall comply with all laws, rules and regulations of governmental agencies or authorities and shall procure, maintain and pay for all permits required therefor, and Landlord makes no warranties whatsoever as to the permissibility of an Antenna under applicable law or the suitability of the roof of the Building for the installation thereof. The installation of the Antenna shall be subject to the provisions of the Lease applicable to alterations and installations. Tenant shall pay for all electrical service required for Tenant’s use of the Antenna. Tenant, at its sole cost and expense, shall promptly repair any and all damage to the rooftop or to any other part of each Building or parking lot caused by the installation, maintenance and repair, operation or removal of the Antenna. Tenant shall be responsible for all costs and expenses for repairs and maintenance of the roof which result from Tenant’s use of the roof or the parking lot for the construction, installation, maintenance, repair, operation, removal and use of the Antenna. All installations made by Tenant on the rooftop or in any other part of the Building pursuant to the provisions of this Paragraph shall be at the sole risk of Tenant, and neither Landlord, nor any agent or employee of Landlord, shall be responsible or liable for any injury or damage to, or arising out of, the Antenna. Without limiting the application of Tenant’s indemnity obligations hereunder, Tenant’s indemnity under Lease shall expressly apply with respect to the installation, maintenance, operations, presence or removal of the Antenna by Tenant. Upon the expiration of the Lease Term, any Antenna on the Building shall be removed by Tenant at its sole cost and expense and Tenant shall repair any damage to and restore the rooftop or any other portions of the Building to substantially their condition immediately prior to Tenant’s installation of the Antenna (ordinary wear and tear excepted). The rights granted in this Paragraph are given in connection with, and as part of the rights created under, the Lease and are not separately transferable or assignable unless part of a Transfer. If the installation of the Antenna or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, then Tenant shall reimburse Landlord for any loss or damage sustained or costs or expenses incurred by Landlord as a result of such impairment or limitation. The Antenna shall be for Tenant’s own use and not for use by third parties or “for profit” services provided for the benefit of third parties. The contractors performing the installation of the Communications Equipment or performing any work on or to the roof or risers of the Building shall be approved or designated by Landlord prior to the commencement of any work. Landlord may require that Tenant relocate the Antenna, Lines and associated equipment temporarily (so as to allow Landlord to perform any required maintenance to the roof), at Tenant’s sole cost and expense.
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Samples: Lease Agreement (Bazaarvoice Inc)
Antenna Rights. Section 19.01. Tenant shall have the right, subject to and in accordance with the provisions of this Paragraph, right to use the roof of the Building to install, maintain and operate, at its sole cost and expense, send/receive antennas, satellite dishes and/or telecommunication equipment, together with related equipment and support structures (collectively, the “Antenna”), subject to Landlord’s prior approval, not to be unreasonably withheld or delayed, with respect to the size, location, number and use of the Antenna and to run communications or computer wires, cables and related devices (collectively, the “Lines”) therefrom into the Premises. Tenant shall furnish detailed plans and specifications for the Antenna (or any modifications thereof) to Landlord for its prior approval. The parties agree that Tenant’s use of the rooftop of the Building is a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person for any use including installation of other antennas and support equipment, without interference with Tenant’s rights hereunder. If Tenant’s construction, installation, maintenance, repair, operation or use of the Antenna shall interfere with the rights of Landlord (including, without limitation, Landlord’s right to reasonably use the remainder of the roof), Tenant shall cooperate with Landlord in eliminating such interference. Tenant shall secure and keep in full force and effect, from and after the time Tenant begins construction and installation of the Antenna, such supplementary insurance with respect to the Antenna as Landlord may reasonably require. In connection with the installation, maintenance, operation and removal of the Antenna, Tenant, at Tenant’s sole cost and expense, shall comply with all laws, rules and regulations of governmental agencies or authorities and shall procure, maintain and pay for all permits required therefor, and Landlord makes no warranties whatsoever as to the permissibility of an Antenna under applicable law or the suitability of the roof of the Building for the installation thereofof two (2) dish/antenna (collectively, the “Antenna”); provided that (i) the Antenna is permitted under the laws, rules and regulations of the Federal Communications Commission, the Federal Aviation Administration and Xxxxxxxxxx County, Maryland and any other governmental and quasi-governmental authorities having jurisdiction over the Building or the Landlord, (II) the Antenna conforms to all such laws, rules and regulations, (iii) Tenant has obtained all permits, licenses, variances, authorizations and approvals that may be required in order to install such Antenna and any insurance required by Landlord, (iv) the Antenna is not more than thirty-six inches (36”) in diameter (or 36” wide if the Antenna is not a dish) and four (4) feet in height and not more than the weight that Landlord shall determine is appropriate for the roof (which Landlord shall specify to Tenant upon Tenant’s written request), (v) Tenant shall have obtained Landlord’s prior written consent, which consent shall not be unreasonably withheld, (vi) Tenant installs any screen or other covering for the Antenna that Landlord in its reasonable discretion may require (the size, type and style of which shall, be subject to Landlord’s prior written approval) in order to, camouflage or conceal the Antenna, (vii) Tenant shall pay Landlord (within 30 days after receipt of an invoice therefor) an amount equal to all cost incurred by Landlord to have an engineer review the plans and specifications for the Antenna, the location specifications for the Antenna and the plans, specifications and method for attaching the Antenna to the Building, and (viii) the Antenna does not affect any antenna or other equipment that is currently on the roof of the Building. The In addition, the style, color, materials, exact location and method of installation of the Antenna shall must be subject to the provisions of the Lease applicable to alterations and installationsapproved by Landlord (in its sole discretion). Tenant shall pay for maintain the Antenna in good condition and repair and in compliance with all electrical service required for Tenant’s use of the Antennaapplicable laws, rules, regulations and requirements. TenantThe rights set forth in this Section 19.01 shall be personal to OPNET Technologies, at its sole cost Inc. and expense, shall promptly repair any and all damage to the rooftop or not be transferable to any other part of each Building third party, tenant, subtenant or parking lot caused by the installation, maintenance and repair, operation assignee (other than a Qualified Tenant Affiliate that is assigned this Lease or removal that is a subtenant of the Antenna. Tenant shall be responsible for all costs and expenses for repairs and maintenance of the roof which result from Tenant’s use of the roof or the parking lot for the construction, installation, maintenance, repair, operation, removal and use of the Antenna. All installations made by Tenant on the rooftop or in any other part of the Building pursuant to the provisions of this Paragraph shall be at the sole risk of Tenant, and neither Landlord, nor any agent or employee of Landlord, shall be responsible or liable for any injury or damage to, or arising out of, the Antenna. Without limiting the application of Tenant’s indemnity obligations hereunder, Tenant’s indemnity under Lease shall expressly apply with respect to the installation, maintenance, operations, presence or removal of the Antenna by Tenant. Upon the expiration of the Lease Term, any Antenna on the Building shall be removed by Tenant at its sole cost and expense and Tenant shall repair any damage to and restore the rooftop or any other portions of the Building to substantially their condition immediately prior to Tenant’s installation of the Antenna (ordinary wear and tear exceptedLeased Premises). The rights granted in this Paragraph are given in connection with, and as part of the rights created under, the Lease and are not separately transferable or assignable unless part of a Transfer. If the installation of the Antenna or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, then Tenant shall reimburse Landlord for any loss or damage sustained or costs or expenses incurred by Landlord as a result of such impairment or limitation. The Antenna shall be for Tenant’s own use and not for use by third parties or “for profit” services provided for the benefit of third parties. The contractors performing the installation of the Communications Equipment or performing any work on or to the roof or risers of the Building shall be approved or designated by Landlord prior to the commencement of any work. Landlord may require that Tenant relocate the Antenna, Lines and associated equipment temporarily (so as to allow Landlord to perform any required maintenance to the roof), at Tenant’s sole cost and expense.
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Antenna Rights. Tenant shall have Subject to the right, subject to terms and in accordance with the provisions conditions of this ParagraphLease and the specific terms and conditions of this Exhibit F, Tenant may, at its sole cost, expense, and risk, erect, maintain, install and operate for the business purposes of Tenant during the Term, up to use three (3) satellite receiving dish antennas not to exceed eighteen inches (18") in diameter (collectively, the "Satellite Dish") at locations on the roof of the Building designated by Landlord (said locations being herein referred to install, maintain as the "Equipment Space"). Landlord shall not locate the Equipment Space in a place which will cause interference with the normal use and operate, at its sole cost and expense, send/receive antennas, satellite dishes and/or telecommunication equipment, together with related equipment and support structures (collectively, the “Antenna”), subject to Landlord’s prior approval, not to be unreasonably withheld or delayed, with respect to the size, location, number and use operation of the Antenna and to run communications or computer wiresSatellite Dish; provided, cables and related devices (collectivelyhowever, the “Lines”) therefrom into the Premises. Tenant that nothing in this Exhibit F shall furnish detailed plans and specifications for the Antenna (or any modifications thereof) to Landlord for its prior approval. The parties agree that Tenant’s use of the rooftop of the Building is a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person for any use including installation of other antennas and support equipment, without interference with Tenant’s rights hereunder. If Tenant’s construction, installation, maintenance, repair, operation or use of the Antenna shall interfere with the rights of Landlord (including, without limitation, restrict Landlord’s 's right to reasonably use the remainder of the roof), Tenant shall cooperate with Landlord in eliminating such interference. Tenant shall secure and keep in full force and effect, from and after the time Tenant begins construction and installation of the Antenna, such supplementary insurance with respect to the Antenna as Landlord may reasonably require. In connection with the installation, maintenance, operation and removal of the Antenna, Tenant, at Tenant’s sole cost and expense, shall comply with all laws, rules and regulations of governmental agencies or authorities and shall procure, maintain and pay for all permits required therefor, and Landlord makes no warranties whatsoever as to the permissibility of an Antenna under applicable law or the suitability portions of the roof of the Building in any manner; and provided, further, that Landlord reserves the right (without obligation) to relocate the Satellite Dish to alternate locations, at Landlord's sole cost, so long as the performance of such Satellite Dish, as relocated, is not materially and adversely affected. Tenant agrees to provide Tenant's "Satellite Dish Plans and Specifications" (herein so called) for the installation thereof. The Landlord's approval prior to installation of the Antenna Satellite Dish, or any portion thereof, which approval shall not be unreasonably withheld; provided, however, that without limiting the generality of the foregoing, Landlord shall not be deemed unreasonable for withholding approval of any installation that would damage the integrity of the Building's roof or otherwise jeopardize the enforceability of any warranty benefiting Landlord. Landlord's approval of the Satellite Dish Plans and Specifications shall create no responsibility or liability on the part of Landlord for the completeness, design or sufficiency thereof or the compliance of the Satellite Dish with all applicable legal requirements. Tenant shall not materially change, alter, modify or amend the Satellite Dish Plans and Specifications for installation of the Satellite Dish or otherwise alter the installation and/or location of the Satellite Dish without the prior written consent of Landlord. Tenant's rights and obligations with respect to the Equipment Space and the erection, existence, operation and maintenance of the Satellite Dish shall be subject to all the provisions terms and conditions of this Lease, except as expressly provided to the contrary within this Exhibit F. Tenant acknowledges and agrees that nothing contained herein or in the Lease applicable shall be deemed to alterations and installations. grant to Tenant shall pay for all electrical service required for Tenant’s use any independent right of the Antenna. Tenant, at its sole cost and expense, shall promptly repair any and all damage access to the rooftop or to any other part of each Building or parking lot caused by the installation, maintenance and repair, operation or removal of the Antenna. Tenant shall be responsible for all costs and expenses for repairs and maintenance of the roof which result from Tenant’s use of the roof or the parking lot for the construction, installation, maintenance, repair, operation, removal and use of the AntennaEquipment Space. All installations made by Tenant on the rooftop or in any other part of the Building pursuant to the provisions of this Paragraph shall be at the sole risk of Tenant, and neither Landlord, nor any agent or employee of Landlord, shall be responsible or liable for any injury or damage to, or arising out of, the Antenna. Without limiting the application of Tenant’s indemnity obligations hereunder, Tenant’s indemnity under Lease shall expressly apply with respect to the installation, maintenance, operations, presence or removal of the Antenna by Tenant. Upon the expiration of the Lease Term, any Antenna on the Building shall be removed by Tenant at its sole cost and expense and Tenant shall repair any damage to and restore the rooftop or any other portions of the Building to substantially their condition immediately prior to Tenant’s installation of the Antenna (ordinary wear and tear excepted). The rights granted in this Paragraph are given in connection with, and as part of the rights created under, the Lease and are not separately transferable or assignable unless part of a Transfer. If the installation of the Antenna or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, then Tenant shall reimburse Landlord for any loss or damage sustained or costs or expenses incurred by Landlord as a result of such impairment or limitation. The Antenna shall be for Tenant’s own use and not for use by third parties or “for profit” services provided for the benefit of third parties. The contractors performing the installation of the Communications Equipment or performing any work on or access to the roof or risers of the Building shall under all circumstances be approved made through and in conjunction with Landlord or designated by its agents and shall be subject to such reasonable controls and restrictions as Landlord prior may impose from time to time. Landlord shall not be obligated to provide any services to the commencement of any work. Landlord may require that Tenant relocate the Antenna, Lines and associated equipment temporarily (so as to allow Landlord to perform any required maintenance to the roof), at Tenant’s sole cost and expenseEquipment Space.
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Antenna Rights. (a) If Tenant shall have is not in default under this Lease beyond any applicable notice and cure period, Tenant may, at its expense, install, operate and maintain solely for its use in conjunction with Tenant’s business in the rightDemised Premises, subject a satellite dish and associated cabling (all of the foregoing components of the installation will be referred to and in accordance with as the provisions of this Paragraph, to use “Antenna”) on the roof of the Building to install, maintain and operate, at its sole cost and expense, send/receive antennas, satellite dishes and/or telecommunication equipment, together with related equipment and support structures (collectively, the “Antenna”)Building, subject to the terms and conditions of this Paragraph.
(b) Tenant shall not install the Antenna without the prior written approval of Landlord’s prior approval, which approval shall not to be unreasonably withheld withheld, delayed or delayedconditioned, and shall install same in compliance with respect Applicable Law and restrictive covenants. Subject to Tenant obtaining approvals required under the sizepreceding sentence, locationif any, number and use Landlord shall approve or disapprove the installation of the Antenna within a reasonable time after Landlord receives from Tenant the following: (i) the proposed location of the Antenna, including the location of all associated cabling; and to run communications or computer wires, cables and related devices (collectively, the “Lines”ii) therefrom into the Premises. Tenant shall furnish detailed plans and specifications for the Antenna (or any modifications thereof) to Landlord for its prior approvalinstallation of the Antenna. The parties agree that Tenant’s use of the rooftop of the Building is a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person for any use including installation of other antennas and support equipment, without interference with Tenant’s rights hereunder. If Tenant’s construction, installation, maintenance, repair, operation or use mounting of the Antenna shall interfere with not penetrate the rights of Landlord Building’s roof membrane.
(including, without limitation, Landlord’s right to reasonably use the remainder of the roof), Tenant shall cooperate with Landlord in eliminating such interference. Tenant shall secure and keep in full force and effect, from and after the time Tenant begins construction and installation of the Antenna, such supplementary insurance with respect to the Antenna as Landlord may reasonably require. In connection with the c) The installation, maintenanceoperation, operation maintenance and removal of the Antenna, Tenant, Antenna will be at Tenant’s sole cost risk and expense, shall comply with all laws, rules and regulations of governmental agencies or authorities and shall procure, maintain and pay for all permits required therefor, and Landlord makes no warranties whatsoever as to the permissibility of an Antenna under applicable law or the suitability of the roof of the Building for the installation thereof. The installation of the Antenna shall be subject to the provisions of the Lease applicable to alterations and installations. Tenant shall pay for defend, indemnify and save Landlord harmless from and against all electrical service required for Tenant’s use liabilities, claims, costs, expense and damage in connection with or arising out of the Antenna. Tenant, at its sole cost and expense, shall promptly repair any and all damage to the rooftop or to any other part of each Building or parking lot caused by the installation, operation, maintenance and repair, operation or removal of the Antenna. Tenant shall be responsible for The foregoing indemnity includes all reasonable attorneys’ fees and investigation costs and expenses for repairs and maintenance arising out of any claim, demand or litigation concerning the Antenna.
(d) At the end of the roof which result from Tenant’s use Term, or upon termination of the roof or the parking lot for the construction, installation, maintenance, repair, operation, removal and use of the Antenna. All installations made by Tenant on the rooftop or in any other part of the Building pursuant to the provisions of this Paragraph shall be at the sole risk of Tenant, and neither Landlord, nor any agent or employee of Landlord, shall be responsible or liable for any injury or damage to, or arising out of, the Antenna. Without limiting the application of Tenant’s indemnity obligations hereunder, Tenant’s indemnity under Lease shall expressly apply with respect to the installation, maintenance, operations, presence or removal operation of the Antenna by Tenant. Upon the expiration of the Lease Term, any Antenna on the Building shall be removed by Tenant at its sole cost and expense and Landlord’s request Tenant shall remove the Antenna at Tenant’s expense, and restore or repair any damage affected areas to and restore their original condition. If Tenant shall not remove the rooftop or any other portions of the Building to substantially their condition immediately prior Antenna within 15 days after notice from Landlord, Landlord may, without liability to Tenant’s installation , remove and dispose of the Antenna (ordinary wear and tear excepted). The rights granted in this Paragraph are given in connection with, and as part of the rights created under, the Lease and are not separately transferable or assignable unless part of a Transfer. If the installation of the Antenna or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, then Tenant shall reimburse Landlord for any loss or damage sustained or costs or expenses incurred by Landlord as a result of such impairment or limitation. The Antenna shall be for Tenant’s own use and not for use by third parties or “for profit” services provided for the benefit of third parties. The contractors performing the installation of the Communications Equipment or performing any work on or to the roof or risers of the Building shall be approved or designated by Landlord prior to the commencement of any work. Landlord may require that Tenant relocate the Antenna, Lines and associated equipment temporarily (so as to allow Landlord to perform restore or repair any required maintenance to the roof)affected areas, at Tenant’s sole cost and expense.
Appears in 1 contract
Antenna Rights. Section 19.01. Tenant shall have the right, subject to and in accordance with the provisions of this Paragraph, right to use the roof of the Building to install, maintain and operate, at its sole cost and expense, send/receive antennas, satellite dishes and/or telecommunication equipment, together with related equipment and support structures (collectively, the “Antenna”), subject to Landlord’s prior approval, not to be unreasonably withheld or delayed, with respect to the size, location, number and use of the Antenna and to run communications or computer wires, cables and related devices (collectively, the “Lines”) therefrom into the Premises. Tenant shall furnish detailed plans and specifications for the Antenna (or any modifications thereof) to Landlord for its prior approval. The parties agree that Tenant’s use of the rooftop of the Building is a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person for any use including installation of other antennas and support equipment, without interference with Tenant’s rights hereunder. If Tenant’s construction, installation, maintenance, repair, operation or use of the Antenna shall interfere with the rights of Landlord (including, without limitation, Landlord’s right to reasonably use the remainder of the roof), Tenant shall cooperate with Landlord in eliminating such interference. Tenant shall secure and keep in full force and effect, from and after the time Tenant begins construction and installation of the Antenna, such supplementary insurance with respect to the Antenna as Landlord may reasonably require. In connection with the installation, maintenance, operation and removal of the Antenna, Tenant, at Tenant’s sole cost and expense, shall comply with all laws, rules and regulations of governmental agencies or authorities and shall procure, maintain and pay for all permits required therefor, and Landlord makes no warranties whatsoever as to the permissibility of an Antenna under applicable law or the suitability of the roof of the Building for the installation thereof. The installation of four (4) dishes/antennas (the "Antennas"), provided that (i) the Antennas are permitted under the laws, rules and regulations of the Antenna Federal Communications Commission, the Federal Aviation Administration and Xxxxxxxxxx County, Maryland and any other governmental and quasi-governmental authorities having jurisdiction over the Building or the Landlord, (ii) the Antennas conform to all such laws, rules and regulations, (iii) Tenant has obtained all permits, licenses, variances, authorizations and approvals that may be required in order to install such Antennas and any insurance required by Landlord, (iv) the Antennas are not more than twenty-four inches (24") in diameter and four (4) feet in height and not more than the weight that Landlord shall determine is appropriate for the roof (which Landlord shall specify to Tenant upon Tenant's written request), (v) Tenant shall have obtained Landlord's prior written consent, which consent shall not be unreasonably withheld, (vi) Tenant installs any screen or other covering for the Antennas that Landlord in its reasonable discretion may require (the size, type and style of which shall be subject to Landlord's prior written approval) in order to camouflage or conceal the provisions Antennas, (vii) Tenant shall pay Landlord (within 30 days after receipt of an invoice therefor) an amount equal to all cost incurred by Landlord to have an engineer review the plans and specifications for the Antennas, the location specifications for the Antennas and the plans, specifications and method for attaching the Antennas to the Building, and (viii) the Antennas does not affect any antenna or other equipment that is currently on the roof of the Lease applicable to alterations Building. In addition, the style, color, materials, exact location and installationsmethod of installation of the Antennas must be approved by Landlord (in its sole discretion). Tenant shall pay for maintain the Antennas in good condition and repair and in compliance with all electrical service required for Tenant’s use of the Antennaapplicable laws, rules, regulations and requirements. TenantThe rights set forth in this Section 19.01 shall be personal to OPNET Technologies, at its sole cost Inc. and expense, shall promptly repair any and all damage to the rooftop or not be transferable to any other part of each Building third party, tenant, subtenant or parking lot caused by the installation, maintenance and repair, operation assignee (other than a Qualified Tenant Affiliate that is assigned this Lease or removal that is a subtenant of the Antenna. Tenant shall be responsible for all costs and expenses for repairs and maintenance of the roof which result from Tenant’s use of the roof or the parking lot for the construction, installation, maintenance, repair, operation, removal and use of the Antenna. All installations made by Tenant on the rooftop or in any other part of the Building pursuant to the provisions of this Paragraph shall be at the sole risk of Tenant, and neither Landlord, nor any agent or employee of Landlord, shall be responsible or liable for any injury or damage to, or arising out of, the Antenna. Without limiting the application of Tenant’s indemnity obligations hereunder, Tenant’s indemnity under Lease shall expressly apply with respect to the installation, maintenance, operations, presence or removal of the Antenna by Tenant. Upon the expiration of the Lease Term, any Antenna on the Building shall be removed by Tenant at its sole cost and expense and Tenant shall repair any damage to and restore the rooftop or any other portions of the Building to substantially their condition immediately prior to Tenant’s installation of the Antenna (ordinary wear and tear exceptedLeased Premises). The rights granted in this Paragraph are given in connection with, and as part of the rights created under, the Lease and are not separately transferable or assignable unless part of a Transfer. If the installation of the Antenna or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, then Tenant shall reimburse Landlord for any loss or damage sustained or costs or expenses incurred by Landlord as a result of such impairment or limitation. The Antenna shall be for Tenant’s own use and not for use by third parties or “for profit” services provided for the benefit of third parties. The contractors performing the installation of the Communications Equipment or performing any work on or to the roof or risers of the Building shall be approved or designated by Landlord prior to the commencement of any work. Landlord may require that Tenant relocate the Antenna, Lines and associated equipment temporarily (so as to allow Landlord to perform any required maintenance to the roof), at Tenant’s sole cost and expense.
Appears in 1 contract
Antenna Rights. Tenant shall have the right, subject to and in accordance with at no additional rent or -------------- other cost imposed by Landlord, for the provisions of this Paragraph, to use the roof duration of the Building Lease Term only, to install, maintain and operate, at its sole cost and expense, send/receive antennas, satellite dishes and/or telecommunication operate telecommunications equipment, together with related equipment and support structures including without limitation, a satellite dish/antenna (collectively, the “"Antenna”") on the Building's roof (the "Roof"). The location for said Antenna shall be approved by Landlord. Tenant must obtain the prior approval of Landlord of the exact design and specifications of the Antenna and of the plans for the installation (including screening) of the Antenna, subject to Landlord’s prior approval, which approval shall not to be unreasonably withheld or delayed. All costs of installation, with respect maintenance and removal and any required repairs to the sizeBuilding due to such removal (if required by Landlord, locationin its sole discretion), number and use upon expiration or termination of this Lease shall be paid by Tenant. Tenant may only enter upon the Roof to install or maintain the Antenna and to run communications or computer wires, cables and related devices (collectively, with the “Lines”) therefrom into accompaniment of a Building engineer. Tenant's Antenna may not interfere with the Premises. Tenant shall furnish detailed plans and specifications for the Antenna (or any modifications thereof) to Landlord for its prior approval. The parties agree that Tenant’s use of the rooftop of the Building is a non-exclusive use and Landlord may permit the use operation of any other portion of telecommunication equipment installed on the roof to Roof by Landlord or its licensees or any other person for tenant. The Antenna shall be used solely by Tenant and Tenant shall not permit use of, or access to, the Antenna by any use including installation of other antennas and support equipmentthird party, without interference with Tenant’s rights hereunder. If Tenant’s construction, installation, maintenance, repair, operation or use of the Antenna shall interfere with the rights of Landlord (including, without limitation, Landlord’s right to reasonably use the remainder of the roof), Tenant shall cooperate with Landlord in eliminating such interference's express prior written consent. Tenant shall secure hereby indemnifies Landlord from all claims, damages, costs and keep in full force and effect, from and after the time Tenant begins construction and installation expenses arising out of the Antenna, such supplementary insurance with respect to the Antenna as Landlord may reasonably require. In connection with the installation, maintenance, operation and removal of the Antenna, Tenant, at Tenant’s sole cost and expense, shall comply with all laws, rules and regulations of governmental agencies or authorities and shall procure, maintain and pay for all permits required therefor, and Landlord makes no warranties whatsoever as to the permissibility of an Antenna under applicable law or the suitability of the roof of the Building for the installation thereof. The installation of the Antenna shall be subject to the provisions of the Lease applicable to alterations and installations. Tenant shall pay for all electrical service required for Tenant’s use of the Antenna. Tenant, at its sole cost and expense, shall promptly repair any and all damage to the rooftop or to any other part of each Building or parking lot caused by the installation, maintenance and repair, operation or removal of the Antenna. Tenant shall be responsible for all costs and expenses for repairs and maintenance of the roof which result from Tenant’s use of the roof or the parking lot for the construction, installation, maintenance, repair, operation, removal and use of the Antenna. All installations made by Tenant on the rooftop or in any other part of the Building pursuant to the provisions of this Paragraph shall be at the sole risk of Tenant, and neither Landlord, nor any agent or employee of Landlord, shall be responsible or liable for any injury or damage to, or arising out of, the Antenna. Without limiting the application of Tenant’s indemnity obligations hereunder, Tenant’s indemnity under Lease shall expressly apply with respect to the installation, maintenance, operations, presence or removal of the Antenna by Tenant. Upon Tenant may also use the expiration Building's risers, conduits and towers, subject to Landlord's prior approval of the Lease Terminstallation and exact location thereof, any for purposes of installing cabling from the Antenna on to the Building shall be removed by Tenant at its sole cost and expense and Tenant shall repair any damage to and restore Premises in the rooftop or any other portions interior of the Building to substantially their condition immediately prior to Tenant’s installation of the Antenna (ordinary wear and tear excepted). The rights granted in this Paragraph are given in connection with, and as part of the rights created under, the Lease and are not separately transferable or assignable unless part of a Transfer. If the installation of the Antenna or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, then Tenant shall reimburse Landlord for any loss or damage sustained or costs or expenses incurred by Landlord as a result of such impairment or limitation. The Antenna shall be for Tenant’s own use and not for use by third parties or “for profit” services provided for the benefit of third parties. The contractors performing the installation of the Communications Equipment or performing any work on or to the roof or risers of the Building shall be approved or designated by Landlord prior to the commencement of any work. Landlord may require that Tenant relocate the Antenna, Lines and associated equipment temporarily (so as to allow Landlord to perform any required maintenance to the roof), at Tenant’s sole cost and expenseBuilding.
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