Common use of Antennae Clause in Contracts

Antennae. Landlord agrees that, subject to all Legal Requirements, insurance requirements, this Lease and the conditions and limitations hereinafter stipulated, during the Term, Tenant, at its sole cost and expense, shall have a non-exclusive license to install in a location on a 30% portion of the rooftop of the Building to be designated by Landlord in its sole and absolute discretion (the “Antenna Area”) and thereafter maintain, repair, operate and replace satellite antenna(e) (the “antenna”) provided that, with respect to each antenna, (i) the antenna shall not exceed three (3) feet in height by three (3) feet in length, by three (3) feet in width or, if applicable, three (3) feet in diameter; (ii) the size and dimensions of the antenna and any reasonably required support structures and associated maintenance access structures shall be subject to Landlord’s prior written consent in Landlord’s sole discretion; (iii) such antenna installation and position of such antenna and reasonably required support structures and associated maintenance access structures shall comply with all Legal Requirements; (iv) the installation of any electrical or communications lines (“Wiring”) and related equipment in connection with the installation and operation of the antenna, (including, without limitation, the location and the routing of all Wiring and related equipment in connection therewith) shall (A) be at Tenant’s sole cost and expense, (B) be subject to Landlord’s prior written consent, in Landlord’s sole discretion and in accordance with the provisions of Article 10 (and Landlord hereby consents to Tenant’s antenna(e) existing as of the Commencement Date), and (C) comply with Legal Requirements and insurance requirements; and (v) the antenna, reasonably required support structures, maintenance access structures, Wiring and related equipment shall be installed, maintained and kept in repair by Tenant, at Tenant’s sole cost and expense. Tenant shall be responsible for the payments of any fees and taxes which may be imposed by any governmental agency in connection with the installation and use of such antenna. Landlord acknowledges that Landlord has consented to Tenant’s antennae existing as of the Commencement Date for purposes of this Section 32.1.

Antennae. Landlord agrees that, subject to all Legal Requirements, insurance requirements, this Lease and the conditions and limitations hereinafter stipulated, during the Term, Tenant, at its sole cost and expense, shall have a non-exclusive license to install in a location on a 30% portion of the rooftop of the Building Buildings to be designated by Landlord in its sole and absolute discretion (the “Antenna Area”) and thereafter maintain, repair, operate and replace one satellite antenna(e) antenna (the “antenna”) provided that, with respect to each antenna, (i) the antenna shall not exceed three (3) 3 feet in height by three (3) 3 feet in length, by three (3) 3 feet in width or, if applicable, three (3) 3 feet in diameter; (ii) the size and dimensions of the antenna and any reasonably required support structures and associated maintenance access structures shall be subject to Landlord’s prior written consent in Landlord’s sole discretion; (iii) such antenna installation and position of such antenna and reasonably required support structures and associated maintenance access structures shall comply with all Legal Requirements; (iv) the installation of any electrical or communications lines (“Wiring”) and related equipment in connection with the installation and operation of the antenna, (including, without limitation, the location and the routing of all Wiring and related equipment in connection therewith) shall (A) be at Tenant’s sole cost and expense, (B) be subject to Landlord’s prior written consent, in Landlord’s sole discretion and in accordance with the provisions of Article 10 (and Landlord hereby consents to Tenant’s antenna(e) antennae existing as of the Commencement Date), and (C) comply with Legal Requirements and insurance requirementsInsurance Requirements; and (v) the antenna, reasonably required support structures, maintenance access structures, Wiring and related equipment shall be installed, maintained and kept in repair by Tenant, at Tenant’s sole cost and expense. Tenant shall be responsible for the payments of any fees and taxes which may be imposed by any governmental agency in connection with the installation and use of such antenna. Landlord acknowledges that Landlord has consented to Tenant’s antennae existing as of the Commencement Date for purposes of this Section 32.1.

Antennae. Landlord agrees that, subject Notwithstanding anything in the Lease to all Legal Requirements, insurance requirements, this Lease and the conditions and limitations hereinafter stipulated, during the Term, Tenant, at its sole cost and expense, shall have a non-exclusive license contrary Tenant may install up to install in a location on a 30% portion of the rooftop of the Building to be designated by Landlord in its sole and absolute discretion (the “Antenna Area”) and thereafter maintain, repair, operate and replace satellite antenna(e) (the “antenna”) provided that, with respect to each antenna, (i) the antenna shall not exceed three (3) feet in height by three satellite or over the earth antennae at no additional charge on the roof of the Building and connect said antennae to the Premises; as long as: (3a) feet in lengthsuch antennae installation complies with the covenants, by three (3) feet in width or, if applicable, three (3) feet in diameterand restrictions of Windward's Business Association; (iib) if required by said covenants and restrictions, Tenant obtains prior approval from the size and dimensions architectural review board of the antenna Windward Business Association; (c) Landlord consents thereto, said consent being conditioned upon the antennae or dish not, in the reasonable opinion of Landlord, impairing or interfering with the aesthetics or sight lines of the Building or the Property; (d) Tenant, to avoid terminating or impairing the roof warranty, uses and pays the roofer who originally installed the roof during the Building's construction, to make any reasonably required support structures penetrations that must be made in the roof to connect and associated maintenance access structures install the antennae, wires, supports etc, and to close up the roof after said cuts have been made and the satellite dish installed; (e) any work on installation is performed by a top quality reputable and experienced installer. Said antennae shall be subject to Landlord’s prior written consent sized and located in Landlord’s sole discretion; (iii) such antenna installation and position of such antenna and reasonably required support structures and associated maintenance access structures shall comply with all Legal Requirements; (iv) the installation of any electrical a manner designed so that it will not be seen by pedestrian or communications lines (“Wiring”) and related equipment in connection with the installation and operation of the antenna, (including, without limitation, the location and the routing of all Wiring and related equipment in connection therewith) shall (A) be at Tenant’s sole cost and expense, (B) be subject to Landlord’s prior written consent, in Landlord’s sole discretion and in accordance with the provisions of Article 10 (and Landlord hereby consents to Tenant’s antenna(e) existing as of the Commencement Date)vehicular passers-by on Windward Parkway or Xxxxxxxx Drive, and (C) comply with Legal Requirements and insurance requirements; and (v) will not be seen from the antenna, reasonably required support structures, maintenance access structures, Wiring and related equipment shall be installed, maintained and kept in repair by Tenant, at Tenant’s sole cost and expenseparking area surrounding the Building. Tenant shall be responsible for the payments cost of any fees installation, maintenance and taxes which operation of said antennae. Landlord, prior to consenting to the location and installation of such satellite receiving antennae, may be imposed by any governmental agency require Tenant to provide a sight line analysis for the proposed antennae from an architect, such as Xxxxxx Xxxxx and Associates, satisfactory to Landlord to confirm that the antennae or dish does not, in connection the opinion of Landlord, impair or interfere with the installation and use of such antenna. Landlord acknowledges that Landlord has consented to Tenant’s antennae existing as aesthetics or sight lines of the Commencement Date for purposes of this Section 32.1Building or the Property.

Antennae. Landlord agrees thathereby grants to Tenant a license to install, at a location on the roof of the Building to be determined by Landlord in its sole and absolute discretion, no more than three (3) antennae (the "Antennae"), to be used by Tenant solely for communications by and for Tenant in connection with the conduct of its business operations, and not for any operations involving the receipt or transmission of the communications of others as a common carrier or public service company, or any similar operations, subject to all Legal Requirements, insurance requirements, the terms and conditions of this Lease and the following specific conditions: (a) Tenant shall bear all costs and expenses associated with the installation of the Antennae, and Tenant shall be responsible for, and shall bear all costs and expenses associated with, the operation and maintenance thereof. Tenant understands and acknowledges that Landlord shall not be responsible for the operation and maintenance of any such Antennae. (b) The plans and specifications for the Antennae, including the size and dimensions thereof, as well as the manner of their attachment to the roof of the Building, and the nature and location of any roof penetrations and conduit, shall be subject to the prior written approval of Landlord, which may be granted or withheld in Landlord's sole and absolute discretion. Tenant shall install the Antennae in a good and safe manner in accordance with the terms and conditions of this Lease, by a contractor approved by Landlord. Tenant shall provide reasonable notice to Landlord of the time and limitations hereinafter stipulateddate upon which it desires to install such Antennae. A representative of Landlord and Landlord's roofing contractor shall, during at Landlord's election, be present at the Terminstallation of the Antennae in order to approve the methods of installation and performance thereof. (c) Tenant shall have the responsibility to secure all necessary approvals relating to the installation and operation of the Antennae from state, federal and other governmental authorities. Further, Tenant shall construct, operate and maintain such facilities in accordance with all applicable laws, ordinances, rules and regulations and in compliance with the reasonable requirements of the insurers of the Building. (d) Tenant shall be responsible for all reasonable costs and expenses incurred by Landlord arising out of the construction, installation, operation, maintenance, repair, replacement or removal of the Antennae and related equipment (specifically including, but not limited to, the cost of a structural engineer if desired by Landlord, to evaluate the ability of the roof to sustain the additional loading of the antennae and related equipment, and any necessary modifications to the roof structure) and shall take all commercially reasonable steps to minimize wear and tear on the roof, including the use of walking pads. In furtherance thereof, Tenant agrees to indemnify, defend and hold Landlord harmless from an against any and all such costs or expenses (including reasonable attorneys fees) incurred by landlord as a result of the acts, omissions or negligence of Tenant in the construction, installation, operation, maintenance, repair, replacement or removal of the Antennae and related equipment, including all cable, wires and transformers related thereto. (e) Tenant's Antennae shall not interfere in any way with any Building systems, or with the transmission or reception of signals by any other antenna or roof installation on the Building or within the TransDulles Centre. Landlord shall have the right, at its expense, to relocate or temporarily move any antenna in order to accommodate Landlord, any other tenant of TransDulles Centre, or any other user of the roof. (f) Tenant represents and warrants that Antennae do and will not emit levels of electromagnetic, microwave, or other radiation in excess of any health-related standards now or hereafter established by any law or regulation. In furtherance thereof, Tenant agrees to indemnify, defend and hold Landlord harmless from an against any and all such claims, losses, damages, costs or expenses (including reasonable attorneys fees) incurred by Landlord as a result of a claim by anyone that the Antennae, and the emissions therefrom, are in any way harmful to human health. (g) Landlord shall have no responsibility to insure or maintain the Antennae, and Tenant, at its sole cost and expense, shall have a non-exclusive license be responsible for maintaining such insurance coverage with regard thereto as may be reasonably required by Landlord. Both Tenant and Landlord should be reflected as named insureds. Tenant shall be solely responsible for any damage or destruction to the Antennae, regardless of the cause. (h) Tenant acknowledges that, as part of the installation of the Antennae, Landlord may require Tenant to install screening acceptable to Landlord in a location on a 30% portion order to obstruct the view of the rooftop of the Building to be designated by Landlord in its sole and absolute discretion (the “Antenna Area”) and thereafter maintain, repair, operate and replace satellite antenna(e) (the “antenna”) provided that, with respect to each antenna, Antennae. (i) the antenna Tenant shall not exceed three (3) feet in height by three (3) feet in length, by three (3) feet in width or, if applicable, three (3) feet in diameter; (ii) the size and dimensions of the antenna and any reasonably required support structures and associated maintenance access structures shall be subject to Landlord’s prior written consent in Landlord’s sole discretion; (iii) such antenna installation and position of such antenna and reasonably required support structures and associated maintenance access structures shall comply with pay all Legal Requirements; (iv) the installation taxes of any electrical kind or communications lines (“Wiring”) nature whatsoever levied upon the Antennae and related equipment in connection with all licensing fees, franchise fees and other taxes, expenses and other costs of any nature whatsoever relating to the installation construction, ownership, maintenance and operation of the antenna, Antennae. (including, without limitation, j) Upon the location and the routing of all Wiring and related equipment in connection therewith) shall (A) be at Tenant’s sole cost and expense, (B) be subject to Landlord’s prior written consent, in Landlord’s sole discretion and in accordance with the provisions of Article 10 (and Landlord hereby consents to Tenant’s antenna(e) existing as expiration of the Commencement Date)Term, and (C) comply with Legal Requirements and insurance requirements; and (v) the antennaor earlier termination of this Lease, reasonably required support structures, maintenance access structures, Wiring and related equipment shall be installed, maintained and kept in repair by Tenant, at Tenant’s sole cost and expense. Tenant shall be responsible for removing the payments Antennae and any associated equipment from their location on the roof, restoring the roof to the condition in which it existed prior to the installation of the Antennae (including complete repair of any fees roof penetrations and taxes which may be imposed removal of conduit), and repairing any damage caused by any governmental agency in connection with the installation presence and use of such antenna. Landlord acknowledges that Landlord has consented to Tenant’s antennae existing as removal of the Commencement Date for purposes of this Section 32.1Antennae and associated equipment.