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 portion of the rooftop of the 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 (the “antenna”) provided (i) the antenna shall not exceed 3 feet in height by 3 feet in length, by 3 feet in width or, if applicable, 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 antennae 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. Tenant shall have the right to use space on the roof of the Building (the "Roof Space") for the purpose of installing (in accordance with Article 13 of this Lease), operating and maintaining not more than two (2) satellite dishes or antennae of a size and height approved by Landlord, which approval shall not be unreasonably withheld (the "Dish/Antenna") on the terms and conditions hereinafter set forth. (i) The exact location of the Roof Space shall be reasonably designated by Landlord, taking into account the technical requirements of the equipment. Landlord reserves the right to relocate the Roof Space to another reasonably appropriate location from time to time as is deemed necessary by Landlord during the Term. Tenant shall be responsible for the cost of any relocation that is necessitated by the performance of any maintenance or repairs to the Building or the installation of any cooling towers, generators or other equipment that is being installed to serve the Building, and when Landlord designates the Roof Space, Landlord shall give Tenant notice of any such maintenance, repair or installations then scheduled to occur which would require such relocation. Landlord shall be responsible for the cost of any relocation that is not necessitated by the performance of maintenance or repairs or the installation of such equipment. Landlord's designation of the Roof Space location shall take into account Tenant's use of the Dish/Antenna. Notwithstanding the foregoing, Tenant's right to install the Dish/Antenna shall be subject to the reasonable approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof or the Building and the manner in which any cables are run to and from the Dish/Antenna, it being agreed that, in connection with the installation of the Dish/Antenna, Tenant shall have the right to run cable to interconnect the Premises and the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the "Plans and Specifications") shall be submitted to Landlord for Landlord's written approval no later than thirty (30) days prior to the date on which Tenant desires to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary government and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. If Landlord determines that the Dish/Antenna equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant, as soon as reasonably possible, shall cure the defects. If the Tenant fails to cure the defects as soon as reasonably possible, Tenant shall pay to Landlord within thirty (30) days after written notice thereof, the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its sole discretion, deems it necessary, Tenant shall provide and install, at Tenant's sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Dish/Antenna (the "Aesthetic Screening"). Tenant shall pay Landlord's reasonable costs and expenses incurred in connection with Tenant's request(s) for installation of a Dish/Antenna and review of the Plans and Specifications. (ii) Landlord agrees thatthat Tenant, upon reasonable prior written notice to Landlord, shall have access to the roof of the Building and the Roof Space for the purpose of installing, maintaining, repairing and removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, all of which shall be performed by Tenant or Tenant's authorized representative or contractors, which shall be approved by Landlord, at Tenant's sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant, FCC (hereinafter defined) inspectors, or persons under their direct supervision will be permitted to have access to the roof of the Building and the Roof Space on behalf of Tenant. Tenant further agrees to exercise firm control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits. (iii) It is further understood and agreed that the installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and Aesthetic Screening, if any, shall be performed in such a manner as to cause no damage to the Building or the roof thereof, or interfere with the use of the Building or roof by Landlord. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building which may be caused by the installation, maintenance, operation or removal of the Dish/Antenna or the acts or omissions of Tenant or any of its agents or representatives. (iv) Tenant shall, at its sole cost and expense, and at its sole risk, install, operate and maintain the Dish/Antenna in good and workmanlike manner, and in compliance with all building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation the Federal Communications Commission (the "FCC"), the Federal Aviation Administration ("FAA") or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under this Lease, the Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant's equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna shall be connected to Landlord's power supply in strict compliance with all applicable building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement or any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant's representatives, repair, maintenance and engineering personnel while in or on any part of the Building or the Roof Space in connection with the rights granted in this Lease relative to the Dish/Antenna. (v) The Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease or Tenant's right to possession hereunder. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant's equipment placed on or about the roof in proper operating condition and maintain same in satisfactory condition as to appearance and safety in Landlord's reasonable discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any tenants or Landlord. Tenant agrees that at all times during the term, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant's agents, employees or contractors. (vi) In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to all Legal Requirementsthe reasonable approval of Landlord. Notwithstanding the foregoing, insurance requirementsTenant must provide Landlord with prior written notice of any such installation, this Lease removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties held by Landlord with respect to the conditions and limitations hereinafter stipulated, during the Termroof. If necessary, Tenant, at its sole cost and expense, shall have retain any contractor having a non-exclusive license then existing warranty in effect on the roof to install perform such work, (to the extent what it involves the roof), or, at Tenant's option, to perform such work in a location on a portion conjunction with Tenant's contractor. In the event the Landlord contemplates roof repairs that could affect Tenant's Dish/Antenna, or which may result in an interruption of the rooftop Tenant's telecommunication service, Landlord shall formally notify Tenant at least thirty (30) days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order to allow Tenant to make other arrangements for such service. (vii) Tenant shall not allow any provider of telecommunication, video, data or related services ("Communication Services") to locate any equipment on the roof of the Buildings Building or in the Roof Space for any purpose other than to be designated provide such services solely to Tenant in the Premises, nor may Tenant use the Roof Space and/or Dish/Antenna to provide Communication Services to an unaffiliated tenant, occupant or licensee of another building, or to facilitate the provision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, occupant or licensee of the Building or any other building. (viii) Tenant specifically acknowledges and agrees that the terms and conditions of Section 15.2.1 of this Lease shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or utilized by Tenant, its representatives, agents, employees or contractors, as if part of the Premises. (ix) For so long as Tenant maintains an Antenna/Dish in accordance with the terms and conditions set forth above, Landlord in its sole and absolute discretion (the “Antenna Area”) and thereafter maintain, repair, operate and replace one satellite antenna (the “antenna”) provided (i) the antenna shall not exceed 3 feet in height by 3 feet in length, by 3 feet in width or, if applicable, 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) install or permit the installation of any electrical other such antenna or communications lines (“Wiring”) and related dish equipment in connection on the Property that operate so as to interfere with the installation intended use and operation of the antennaTenant's Antenna/Dish, (includingand if such interference occurs, 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 then upon written notice thereof by Tenant to Landlord’s prior written consent, in Landlord’s sole discretion and in accordance with Landlord shall use prompt commercially reasonable efforts to cause the provisions of Article 10 (and Landlord hereby consents to Tenant’s antennae existing as of the Commencement Date)recalibration, 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 or removal of such antenna. Landlord acknowledges that Landlord has consented other equipment so as to Tenant’s antennae existing as of the Commencement Date for purposes of this Section 32.1cause such interference to cease."

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 portion order to obstruct the view of the rooftop of the 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 (the “antenna”) provided Antennae. (i) the antenna Tenant shall not exceed 3 feet in height by 3 feet in length, by 3 feet in width or, if applicable, 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 antennae 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.