Antenna. (S) INSTALLATION. Should Tenant wish to install an antenna(s) and associated equipment on property belonging to Landlord, including on the roof of the Building, Landlord agrees that said property may be used for such purposes at no additional cost to Tenant, subject to such reasonable approvals, rules and regulations as Landlord may adopt. Landlord grants Tenant the right in common with Landlord and other tenants, subject to the following provisions of this Section, to install, operate and maintain for use by Tenant and any affiliated company (but not to transferred or assigned to a third party), at Tenant's expense and risk, a lawfully permitted antenna(s) and associated equipment (the "Antenna Leased Premises"): (a) Tenant shall submit, at Tenant's expense, a full set of engineering plans and specifications of the proposed antenna(s) installation to Landlord for approval, such approval not to be unreasonably withheld, conditioned or delayed; (b) Tenant shall make all connections by conduit or cable as required between Tenant's equipment in the Leased Premises and the Antenna Leased Premises utilizing Building services, subject to Tenant's payment for reasonable costs of such services, as necessary to effect the operation of the antenna(s). Said connections shall be approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; (c) Any antenna(s) installed by Tenant shall be erected and operated so as not to interfere with the operation of any previously erected antenna(s). Tenant agrees to remedy at Tenant's expense any interference with other tenants or third parties caused by the operation of Tenant's antenna(s), and Tenant agrees to indemnify and hold harmless Landlord from all liability and claims, including, without limitation, court costs, attorneys' fees and costs of investigation, related to or arising from the operation and/or maintenance of Tenant's antenna(s); (d) Tenant or Tenant's representatives shall, at all reasonable times, have the unrestricted right to enter or leave the Antenna Leased Premises where the antenna(s) and equipment are located; (e) Landlord agrees that it will not give unauthorized persons access to Tenant's Antenna Leased Premises or equipment; (f) Tenant shall obtain all necessary municipal, state and federal permits and authorizations required to install, maintain and operate an antenna(s) and associated equipment and pay any charges levied by government agencies annually or otherwise which are the sole result of Tenant's having an antenna(s); (g) Tenant agrees to maintain the Antenna Leased Premises and associated equipment in a good state of repair, to save Landlord harmless from any loss, costs or damages as a result of the erection, operation, maintenance, existence or removal of said antenna(s); (h) At the conclusion of the Term, unless Landlord permits otherwise, Tenant shall remove the antenna(s) and surrender and restore the Antenna Leased Premises to Landlord in as good order and same condition as when received; (i) The liability insurance to be carried by Tenant pursuant to the provisions of this Lease shall include coverage for the activity of Tenant on the Antenna Leased Premises. Tenant shall pay any increase in rates for insurance which Landlord is required to carry under the Lease because of the installation and use of the antenna(s) by Tenant; and (j) Any notice or demand required or permitted to be given hereunder shall be made in accordance with the terms of this Lease.
Appears in 1 contract
Antenna. (Sa) INSTALLATION. Should Landlord agrees that Tenant wish may, without additional charge or cost to install an antenna(s) Tenant, utilize sufficient and associated equipment on property belonging to Landlord, including suitable space on the roof of the BuildingBuilding (“Antenna Site”) throughout the Term for the purpose of installing, Landlord agrees that said property may be used for such purposes using and maintaining on the Antenna Site at no additional Tenant’s sole cost and expense, the satellite dish and related equipment (collectively, “Equipment”) more particularly described in Schedule 4 attached hereto. The rights granted by this Lease are limited to Tenant, subject to such reasonable approvals, rules and regulations as Landlord may adopt. Landlord grants allowing Tenant the right in common with Landlord and other tenants, subject to the following provisions of this Section, to install, maintain, repair and operate and maintain on the Antenna Site only the Equipment which Tenant owns for purposes of providing (i) communication services used in the operation of Tenant’s internal business activities where Tenant holds a Federal Communications Commission (“FCC”) license for said use, (ii) common carriage where Tenant holds a FCC license as a Radio Common Carrier, (iii) communication services for others where Tenant holds a FCC license as the system operator, or (iv) transceivers for use by Tenant and any affiliated company (but not to transferred or assigned to others where others hold a third party), at Tenant's expense and risk, a lawfully permitted antenna(s) and associated equipment (FCC license for the "Antenna Leased Premises"):
(a) Tenant shall submit, at Tenant's expense, a full set operation of engineering plans and specifications of the proposed antenna(s) installation to Landlord for approval, such approval not to be unreasonably withheld, conditioned or delayed;said transceivers.
(b) Tenant shall make all connections by conduit not use, or cable as required between Tenant's equipment in the Leased Premises and permit the Antenna Leased Premises utilizing Building servicesSite to be used, subject for any purpose other than that stated in Section 8.12 (a) above, or for any purpose (i) which is unlawful, disreputable or deemed to Tenant's payment for reasonable costs be extra–hazardous on account of such services, as necessary fire; (ii) which generates chemicals or Hazardous Substances; (iii) which would cause structural loads to effect the operation be exceeded; or (iv) will cause any of the antenna(s). Said connections shall rates for any insurance carried by Landlord or any other occupant of the Building to be approved by Landlordincreased or in such a manager as will affect or cause a cancellation of any such insurance policy; provided, which approval however, that if Tenant pays the increased cost of any insurance, Tenant shall not be unreasonably withheldin default hereunder. In all events, conditioned or delayed;Tenant shall not engage in any activity which is not in keeping with the first–class standards of the Building. Additionally, Tenant shall comply with, and shall cause its employees, agents and contractors to comply with, all applicable Laws.
(c) Any antenna(s) installed by Tenant If, in the reasonable judgment of Landlord, any electrical, electromagnetic, radio frequency or other interference shall be erected and operated so as not to interfere with result from the operation of any previously erected antenna(s). of the Equipment, Tenant agrees to remedy at shut down Tenant's expense any interference with other tenants or third parties caused ’s equipment upon thirty (30) days’ prior notice to Tenant; provided, however if an emergency situation exists, as determined by the operation of Landlord in its reasonable discretion, Landlord may shut down Tenant's antenna(s)’s equipment immediately and shall give Tenant notice thereof as soon as possible thereafter. Tenant shall indemnify, and Tenant agrees to indemnify defend, protect and hold harmless Landlord from all liability and claimsexpenses, including, without limitation, court costs, attorneys' fees and costs damages, loss, claims or other liabilities arising out of investigationsaid shutdown, related unless the necessity for such shutdown is caused by the negligence or willful misconduct of Landlord. Tenant agrees to or arising cease operations (except for intermittent testing on a schedule reasonably approved by Landlord) until the interference has been corrected to the reasonable satisfaction of Landlord. If such interference has not been corrected within sixty (60) days, Landlord, at its sole option, may require that Tenant promptly remove from the operation and/or maintenance Antenna Site the specific item of Tenant's antenna(s);the Equipment causing such interference.
(d) At Tenant’s own cost and expense, and by use of a contractor or contractors reasonably approved in writing by Landlord, Tenant shall repair or replace in accordance with legal requirements any damage or injury done to the Building, or any portion thereof, caused by Tenant or Tenant's representatives shall’s agents, employees or contractors, which repairs or replacements must be made to the same or as good a condition as existed prior to such injury or damage (reasonable wear and tear excepted); provided, however, Landlord, at all reasonable timesits option, have may make such repairs or replacements, and Tenant shall repay Landlord the unrestricted right to enter or leave the Antenna Leased Premises where the antenna(sactual cost thereof, within thirty (30) and equipment are located;days after receipt of an invoice therefor.
(e) Landlord agrees that it will not give unauthorized persons access to Tenant's Antenna Leased Premises Not later than the expiration or equipment;
(f) Tenant shall obtain all necessary municipal, state and federal permits and authorizations required to install, maintain and operate an antenna(s) and associated equipment and pay any charges levied by government agencies annually or otherwise which are the sole result of Tenant's having an antenna(s);
(g) Tenant agrees to maintain the Antenna Leased Premises and associated equipment in a good state of repair, to save Landlord harmless from any loss, costs or damages as a result earlier termination of the erection, operation, maintenance, existence or removal of said antenna(s);
(h) At the conclusion of the Term, unless Landlord permits otherwiseLease, Tenant shall be obligated to remove the antenna(sEquipment (except any transmission lines installed by or on behalf of Tenant which becomes the property of Landlord automatically upon the expiration or termination of this Lease) from the Antenna Site and surrender and to restore the Antenna Leased Premises to Landlord in as good order and same condition as when received;
(i) The liability insurance to be carried by Tenant pursuant Site to the provisions of this Lease shall include coverage for condition that existed immediately prior to the activity of Tenant on the Antenna Leased Premises. Tenant shall pay any increase in rates for insurance which Landlord is required to carry under the Lease because installation of the installation Equipment, normal wear and use of tear excepted. Upon the antenna(s) by Tenant; and
(j) Any notice expiration or demand required or permitted to be given hereunder shall be made in accordance with the terms earlier termination of this Lease, Landlord shall have the right to re–enter and resume possession of the Antenna Site and the remaining Equipment. If Tenant fails to so remove the Equipment upon the expiration or earlier termination of the Lease, Landlord may have the same removed and any resulting damage repaired at Tenant’s cost and expense and in such event the Equipment will become the property of Landlord automatically and may be disposed of by Landlord in its sole discretion, without any right of reimbursement therefor to Tenant.
Appears in 1 contract
Samples: Lease Agreement (Palm Inc)
Antenna. 19.01. Tenant shall have the right to (Sa) INSTALLATION. Should Tenant wish install, maintain and operate up to install an antenna(stwo (2) microwave antennas or communications dishes, or one such antenna and associated equipment on property belonging to Landlordone such communications dish, including each with a maximum width of 1.2 meters (each being herein called a "Microwave Antenna" and, collectively, the "Microwave Antennas") on the roof of the Building, Landlord agrees that said property may be used for such purposes at no additional cost Building in an area reasonably acceptable to Tenant, subject to such reasonable approvals, rules and regulations as Landlord may adopt. Landlord grants Tenant the right in common with both Landlord and other tenants, subject Tenant (such portion of the roof being sometimes herein referred to the following provisions of this Section, to install, operate and maintain for use by Tenant and any affiliated company (but not to transferred or assigned to a third party), at Tenant's expense and risk, a lawfully permitted antenna(s) and associated equipment (as the "Antenna Leased PremisesSpace"):
(a) Tenant shall submit), at Tenant's expense, a full set of engineering plans and specifications of the proposed antenna(s) installation to Landlord for approval, such approval not to be unreasonably withheld, conditioned or delayed;
(b) Tenant shall make all connections by conduit or cable as required between Tenant's equipment in the Leased Premises run lines and the Antenna Leased Premises utilizing Building services, subject to Tenant's payment conduits and cables necessary for reasonable costs of such services, as necessary to effect the operation of the antenna(sMicrowave Antennas from the roof of the Building into the Premises and (c) install, maintain and operate related equipment in two 2' x 2' LGX cabinets on the roof of the Building (herein referred to as the "Antenna Equipment"). Said connections , provided that (and in the event Tenant makes such installations Tenant hereby covenants and agrees that): (i) such installations are performed in accordance with all laws and requirements of public authorities and do not cause structural damage to the Building, (ii) Tenant indemnifies and holds Landlord harmless from any liability, cost or expense connected therewith or arising therefrom of any nature whatsoever, (iii) Tenant promptly repairs any damage caused to the roof by reason of such installations, including without limitation, any repairs, restorations, maintenance, renewals or replacement of the roof necessitated by or in any way caused by or relating to such installations, (iv) Tenant removes such installations and lines and repairs any resulting damage to the Building and restores the roof and the Building to the condition which existed prior to any such installations, wear and tear and damage by casualty excepted, all at or prior to expiration of the term of this lease, (v) Tenant shall be approved by not install the Microwave Antennas without Landlord's prior approval of the manner of such installation, which approval Landlord agrees shall not be unreasonably withheld, conditioned or delayed;delayed and (vi) Tenant complies with such reasonable regulations and guidelines for antenna and dish installations and installation of the Antenna Equipment as Landlord may require from time to time. The foregoing notwithstanding, it is expressly understood and agreed that Tenant may substitute any antenna or communication dish for such Microwave Antennas provided that such substituted antenna and communications dish are substantially equivalent to or less than the size and scope of such Microwave Antennas and meets with such reasonable regulations and guidelines for antenna and dish installations as Landlord may require from time to time. Tenant shall have access to the roof as reasonably required in connection with the operation, installation and maintenance of the Microwave Antennas and the Antenna Equipment; provided however, Tenant shall always be accompanied on the roof at Tenant's expense by a representative of Landlord. Landlord agrees that such a representative shall be available upon one Business Day's request by Tenant (which need not be in writing) or upon such lesser notice as may be appropriate in case of an emergency. The Microwave Antennas and the Antenna Equipment are sometimes herein referred to collectively as the "Antenna."
19.02. Tenant shall pay to Landlord from and after the installation of each Microwave Antenna, as Additional Charges, as and when Fixed Rent is payable hereunder the following amounts with respect to each Microwave Antenna:
(ci) Any antenna(s$18,000 per annum commencing on the later of the Commencement Date or the date the Microwave Antenna is installed and ending on December 31, 2012.
(ii) $22,350 per annum during the period commencing on January 1, 2013 and ending on the Expiration Date. The Additional Charges with respect to each Microwave Antenna during any Extended Term shall be the fair market value for the space on which the Microwave Antenna is located, taking into account the facility to be installed therein, during such Extended Term (which may be subject to periodic increases) determined at such time and in such manner as the Fixed Rent for the Premises is determined provided, however, that the Additional Charges payable during the Extended Term for each Microwave Antenna shall never be less than the Additional Charges payable therefor immediately prior to the commencement of the Extended Term in question.
19.03. Tenant covenants and agrees that all installations made by Tenant on the rooftop of the Building or in any other part of the Building pursuant to the provisions of this Article 19 shall be erected at the sole risk of Tenant, and operated neither Landlord nor Landlord's agents or employees shall be liable for any damage or injury thereto caused in any manner, unless the same shall proximately result from the negligence or misconduct of Landlord, its agents, employees and contractors. If the Antenna is installed, Tenant shall obtain and thereafter maintain during the term of this lease liability insurance coverage for the benefit of Landlord and its managing agent in such amount and of such type as Landlord may reasonably require. If any installations referred to in this Article 19 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 thereof.
19.04. Tenant covenants and agrees that the Antenna shall not interfere with or adversely affect any of Landlord's equipment, installations, lines or machinery, or access thereto for maintenance, repair or removal. Tenant shall cooperate reasonably with any other tenant or person (a "Roof User") having equipment, installations, lines or machinery on the roof of the Building ("Rooftop Installations") so as not to interfere cause (or to eliminate) any interference caused to such Rooftop Installations by the Antenna, and Landlord shall cooperate reasonably and shall use reasonable efforts to cause any Roof User to cooperate reasonably with Tenant so as not to cause (or to eliminate) any interference caused to the Antenna by Landlord's or such Roof User's Rooftop Installations.
19.05. Tenant acknowledges being advised by Landlord that Landlord has, and shall be, granting to third parties, various rights and licenses to utilize various portions of the Building and rooftop thereof for the installation of microwave dishes, satellite communications equipment, whip antenna and other communications equipment and related equipment (herein all of the foregoing are collectively called "Other Communications Equipment") and that, inasmuch as Landlord's ability to facilitate the installation and operation of such Other Communications Equipment will be of paramount importance to Landlord, Landlord shall have the right, at any previously erected antenna(s). time and from time to time, during the term of this Lease, upon thirty (30) days' prior written notice to Tenant, to require Tenant, at Landlord's expense as hereinafter provided, to relocate the Antenna to other areas of the Building and rooftop thereof as Landlord in its sole discretion may determine (provided that any such area to which Tenant agrees shall be required to remedy at relocate the Antenna shall be no less suitable for Tenant's expense any use (including line of sight) than the Antenna Space being used by Tenant prior to such relocation) so as to accommodate such Other Communications Equipment on the roof of the Building and so as to eliminate, or not to create, problems of interference with respect to or between Other Communications Equipment now, or in the future, installed on the roof or other tenants or third parties caused areas of the Building. Landlord shall pay to Tenant the reasonable and actual out-of-pocket expenses incurred by Tenant in connection with such relocation, which expenses shall include, without limitation, the operation removal of the Antenna and the related conduits and cables, the purchasing of materials necessary for the relocation thereof, and the installation of the Antenna and other conduits and cables at such other location on the roof of the Building as shall be designated by Landlord within thirty (30) days after presentation by Tenant of an invoice for such expenses, together with documentation reasonably satisfactory to Landlord of the amount thereof. Such relocation shall, to the extent practicable, be performed during hours other than Tenant's regular business hours so as to minimize any disruption of Tenant's antenna(snormal business activities and except for such downtime such relocation shall not prevent Tenant from using its Antenna for its original intended purpose. Tenant and Landlord shall cooperate with each other to effectuate the relocation of the Antenna, support structures and related equipment, as shall be reasonably required by Landlord.
19.06. Tenant shall not be permitted to assign or transfer all or any portion of the rights granted to Tenant pursuant to this Article 19 or to permit all or any portion of the Antenna Space to be used or occupied by any person or entity other than Tenant, except for an assignee of this Lease or a subtenant of all or a portion of the Premises pursuant to an assignment or sublease pursuant to Article 8 hereof.
19.07. If Tenant shall not have installed the one or both of the Microwave Antennas on or before the second (2nd) anniversary of the Commencement Date, then commencing on the second (2nd) anniversary of the Commencement Date and continuing thereafter, Tenant's right to install the Microwave Antenna(s) not so installed shall be subject to the condition that Landlord shall have available, at the time Tenant desires to install such Microwave Antenna(s), sufficient space on the rooftop of the Building to accommodate Tenant's proposed installation, it being understood that Landlord shall not be under any obligation from and after the second (2nd) anniversary of the Commencement Date to reserve space for Tenant's Microwave Antenna(s), and Tenant agrees from and after such second (2nd) anniversary of the Commencement Date, Landlord shall have the right to indemnify and hold harmless use the Antenna Space for any purpose as Landlord from all liability and claimsmay wish, including, without limitation, court costs, attorneys' fees and costs permitting another tenant of investigation, related the Building or another third party to or arising from the operation and/or maintenance of Tenant's antenna(s);
(d) Tenant or Tenant's representatives shall, at all reasonable times, have the unrestricted right to enter or leave install an antenna in the Antenna Leased Premises where the antenna(s) and equipment are located;Space.
(e) Landlord agrees that it will not give unauthorized persons access to Tenant's Antenna Leased Premises or equipment;
(f) 19.08. Tenant shall obtain all necessary municipal, state and federal permits and authorizations required be permitted to install, maintain and operate an antenna(sinstall up to two (2) and associated equipment and pay any charges levied by government agencies annually or otherwise which are additional Microwave Antennas on the sole result of Tenant's having an antenna(s);
(g) Tenant agrees to maintain the Antenna Leased Premises and associated equipment in a good state of repair, to save Landlord harmless from any loss, costs or damages as a result roof of the erection, operation, maintenance, existence or removal of said antenna(s);
(h) At the conclusion Building in accordance with all of the Termterms and conditions of this Article 19, unless Landlord permits otherwise, Tenant shall remove provided and on the antenna(s) and surrender and restore the Antenna Leased Premises to Landlord in as good order and same condition as when received;that:
(i) The liability insurance to be carried by Tenant pursuant to the provisions of this Lease shall include coverage for the activity of Tenant space on the Antenna Leased Premises. Tenant shall pay any increase in rates for insurance which Landlord is required to carry under the Lease because roof of the installation and use Building would be available for such additional Microwave Antennas without allocating to Tenant a disproportionate amount of the antenna(s) by Tenant; space available on the roof of the Building for such purpose, and
(jii) Any notice or demand required or permitted the Additional Charges payable with respect to such additional Microwave Antennas would be given hereunder shall be made in accordance with the terms fair market value of this Leasethe allocated roof space at the time of installation.
Appears in 1 contract
Antenna. (S) INSTALLATION. Should Tenant wish shall have the right, at Tenant's sole cost, to install and maintain on the roof of the Building one or more (but not more than four) microwave, satellite or telemetry dish or antenna (the "Antennas" and each an antenna(s"Antenna") solely for use by Tenant for transmitting or receiving voice, video or other data, and associated to connect such devices to Tenant's equipment on property belonging to located within the Premises with cabling and wiring ("Antenna C&W") through horizontal and vertical pathways located within the Building as approved by Landlord, including under and subject to the conditions that: (i) Tenant shall comply with all laws, codes and requirements applicable thereto, (ii) Tenant shall obtain Landlord's prior approval of the location of each of the Antennas and the Antenna C&W and of the plans and specifications for the same, such approval not to be unreasonably withheld or delayed, and which approval may be withheld if the Antenna or the Antenna C&W exceeds the safe capacity of the Building's structural limitations, electrical systems, mechanical systems, or other Building systems, (iii) no later than the expiration or sooner termination of the Term, at Tenant's sole expense, Tenant shall remove all of the Antennas and all Antenna C&W and repair any resulting damage, (iv) Tenant shall maintain each Antenna and the Antenna C&W in a safe, good, and orderly condition, (v) the installation, maintenance, repair, and removal of all of the Antennas and the Antenna C&W shall be performed at Tenant's sole expense in a manner which will not impair the integrity of, damage, or adversely affect the warranty applicable to, the roof or any other portion of the Property, (vi) Tenant's right to install and use the Antennas and the Antenna C&W shall be limited to Tenant's (and Tenant's affiliates, subtenants' and assignees') business operations on the Premises and (vi) the Antennae and the Antenna C&W will not materially impair or interfere with any electrical systems, alarm systems, security devices, or utility services or other Building systems in use on the Property. Tenant shall not permit any of the Antennas and the Antenna C&W to be used by other entities. No installation of Tenant's Antennae or the Antenna C&W shall be done in such a manner as to penetrate the Building roof unless such work is performed by Landlord's designated roofing contractor. If Landlord approves installation of the Antenna on the roof of the Building, Landlord agrees that said property may be used for such purposes at no additional cost to Tenant, subject to such reasonable approvals, rules and regulations as Landlord may adopt. Landlord grants Tenant the right in common with Landlord and other tenants, subject to the following provisions of this Section, to install, operate and maintain for use by Tenant and any affiliated company (but not to transferred or assigned to a third party), at Tenant's expense and risk, a lawfully permitted antenna(s) and associated equipment (the "Antenna Leased Premises"):
(a) Tenant shall submit, at Tenant's expense, a full set of engineering plans and specifications of the proposed antenna(s) installation to Landlord for approval, such approval not to be unreasonably withheld, conditioned or delayed;
(b) Tenant shall make all connections by conduit or cable as required between Tenant's equipment in the Leased Premises and the Antenna Leased Premises utilizing Building services, subject to Tenant's payment for reasonable costs of such services, as necessary to effect the operation of the antenna(s). Said connections shall be approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed;
(c) Any antenna(s) installed by Tenant shall be erected and operated so as not to interfere with the operation of any previously erected antenna(s). Tenant agrees to remedy at Tenantconsult with Landlord's expense any interference roofing contractor prior to installation and strictly to comply with other tenants or third parties caused by the operation of Tenantroofing contractor's antenna(s)recommendations and requirements, and Tenant agrees to indemnify and hold harmless Landlord from all liability and claims, including, without limitation, court costs, attorneys' fees and costs of investigation, related to or arising from the operation and/or maintenance of Tenant's antenna(s);
(d) Tenant or Tenant's representatives shall, at all reasonable times, have the unrestricted right to enter or leave the Antenna Leased Premises where the antenna(s) and equipment are located;
(e) Landlord agrees that it will not give unauthorized persons access to Tenant's Antenna Leased Premises or equipment;
(f) Tenant shall obtain all necessary municipal, state and federal permits and authorizations required to install, maintain and operate an antenna(s) and associated equipment and pay any charges levied by government agencies annually or otherwise which are the sole result of Tenant's having an antenna(s);
(g) Tenant agrees in order to maintain the Antenna Leased Premises and associated equipment in a good state of repair, to save Landlord harmless from any loss, costs or damages as a result of the erection, operation, maintenance, existence or removal of said antenna(s);
(h) At the conclusion of the Term, unless Landlord permits otherwise, Tenant shall remove the antenna(s) and surrender and restore the Antenna Leased Premises to Landlord in as good order and same condition as when received;
(i) The liability insurance to be carried by Tenant pursuant to the provisions of this Lease shall include coverage for the activity of Tenant existing warranties on the Antenna Leased Premisesroof. Tenant shall pay all costs incurred by Landlord in connection with the Antenna and the Antenna C&W including without limitation all architectural, engineering, contractors' and legal fees. Tenant shall indemnify and hold Landlord and its managing agent harmless from and against all loss, liability and damage suffered or incurred in connection with Tenant's construction, use, repair or maintenance of any increase Antennas and the Antenna C&W. If the location or operation of such Antenna or the Antenna C&W interferes any electrical systems, alarm systems, security devices, or utility services or other Building systems in rates for insurance which Landlord is use on the Property or any other antenna or other similar communication device located on or within the Building, Tenant shall, upon five (5) days written notice (or immediately in case of an emergency), correct to Landlord's reasonable satisfaction such interference or remove the Antenna or the Antenna C&W as required by Landlord. With respect to carry under (i) future changes to the Lease because Antenna and Antenna C&W Tenant installs in connection with its initial occupancy of the installation Premises and use (ii) Antenna and Antenna C&W Tenant installs following its initial occupancy of the antenna(s) by Tenant; and
(j) Any notice or demand required or permitted to be given hereunder Premises, such future changes and installations shall be made in accordance not interfere with the terms systems of this Leasethe Building or its tenants which exist as of the date of such future changes or installations. If such future change or installation causes such interference, Tenant shall, upon ten (10) days written notice from Landlord, correct to Landlord's reasonable satisfaction such interference. Tenant shall not install an Antennae on the Property that emits EMF radiation at levels which, based upon well established or widely accepted studies or other evidence, threatens the health of the Building tenants, occupants, guests and invitees. If an Antennae installed by Tenant emits EMF radiation in excess of such threshold, Tenant shall, within five (5) business days after receiving notice of such condition, either repair or replace the Antennae so that the EMF radiation it emits is below said threshold.
Appears in 1 contract
Samples: Lease Agreement (American Business Financial Services Inc /De/)