Communication Equipment. Subject to Tenant's compliance with all Laws, Tenant and Tenant's contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain satellite dishes or other similar devices, such as antennae (collectively, "Communication Equipment") and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) on the roof of the Project designated by Tenant and reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warranties. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's roof warranty. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions: (i) All plans and specifications for the Communication Equipment shall be subject to Landlord's reasonable approval. (ii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's electrical system) shall be borne by Tenant. (iii) Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the Project, and not to damage the Project or interfere with the normal operation of the Project and shall use the Communication Equipment solely for its use in the Premises. (iv) Tenant shall (A) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment, and (B) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment. (v) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense upon the expiration or sooner termination of this Lease, and shall repair the Project upon such removal to the extent required by such work of removal.
Appears in 2 contracts
Samples: Lease (Cohu Inc), Agreement of Purchase and Sale (Cohu Inc)
Communication Equipment. Subject If Tenant desires to use the roof of the Building to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant's compliance with all Laws, . Landlord represents that on the Lease execution date there is available space on the roof for Tenant’s Communication Equipment. Tenant and Tenant's ’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called “satellite dishes dish” or other similar devicesdevice, such as antennae no greater than twenty (collectively20) inches in diameter and weighing no more than fifty (50) pounds, "Communication Equipment") and together with all cable, wiring, conduits and related equipmentequipment (collectively, “Communication Equipment”), for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project Building designated by Landlord. Further, Tenant shall have the right of access, consistent with this Section 25.36, to the area where the Communication Equipment is located for the purposes of maintaining, repairing, testing and reasonably approved by Landlord; provided that (1) replacing the same. Landlord shall have the right to require Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in to relocate the Project, and (2) Tenant takes no action that will invalidate Communication Equipment at any time to another location on the roof warranties. If penetration of the roof cannot be avoidedBuilding. Unless Landlord elects to perform such penetrations at Tenant’s sole cost and expense, Tenant shall retain Landlord's ’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's ’s roof warranty. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:.
(i) 25.36.1 Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all applicable laws and Landlord makes no representation that such laws permit such installation and operation;
25.36.2 All plans and specifications for the Communication Equipment shall be subject to Landlord's ’s reasonable approval.;
(ii) 25.36.3 All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's Building’s electrical system) shall be borne by Tenant.;
25.36.4 It is expressly understood that Landlord retains the right to use the roof of the Building for any purpose whatsoever (iii) including granting rights to third parties to utilize any portion of the roof not utilized by Tenant);
25.36.5 Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the ProjectBuilding or to other tenants at the Building Complex or with any other tenant’s communication equipment, and not to damage the Project Building Complex or interfere with the normal operation of the Project Building Complex and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims, costs, damages, expenses and liabilities (including attorneys’ fees) arising out of Tenant’s failure to comply with the provisions of this Section 25.36.5, except to the extent same is caused by the gross negligence or willful misconduct of Landlord which is not covered by the insurance carried by Tenant under this Lease (or which would not be covered by the insurance required to be carried by Tenant under this Lease);
25.36.6 For the purposes of determining Tenant’s obligations with respect to its use of the roof of the Building herein provided, all of the provisions of this Lease relating to compliance with requirements as to insurance, indemnity, and compliance with laws shall apply to the installation, use and maintenance of the Communication Equipment; provided, however, Tenant shall only be provided access to the roof after prior written notice to Landlord and subject to Landlord’s reasonable rules and restrictions regarding access (including, at Landlord’s option, the requirement that Tenant be accompanied by a representative of Landlord during such access). Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use in of similar equipment by others on the Premises.roof of the Building) and Xxxxxx agrees that Landlord shall not be liable to Tenant therefor;
(iv) 25.36.7 Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.;
(v) 25.36.8 The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building upon the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense. The provisions of this Section 25.36.8 shall survive the expiration or earlier termination of this Lease;
25.36.9 The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 10 of this Lease;
25.36.10 Tenant, at Tenant’s sole cost and expense, shall install and maintain such fencing and other protective equipment and/or visual screening on or about the Communication Equipment as Landlord may reasonably determine;
25.36.11 If any of the conditions set forth in this Section 25.36 are not complied with by Tenant, then without limiting Landlord’s rights and remedies it may otherwise have under this Lease, at law and/or in equity, Tenant shall correct such noncompliance within ten (10) days after receipt of notice (or such longer period as may be reasonably required as long as Tenant commences such correction within such ten (10) day period and diligently prosecutes the same to completion). If Tenant fails to correct any such noncompliance within such ten (10) day period (as may be extended), then, at Landlord’s option, Tenant shall immediately discontinue its use of such Communication Equipment and remove the same in accordance with the terms hereof.
25.36.12 The area occupied by the Communication Equipment shall not be included in measuring the size of the Premises described in Section 6.1 of the Summary of Basic Lease Information; Tenant shall not be required to pay any fee, rent or other lease charges for such area.
Appears in 2 contracts
Samples: Office Lease (Rocket Companies, Inc.), Office Lease (Rocket Companies, Inc.)
Communication Equipment. Subject If Tenant desires to use the roof of the Project to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant's compliance with . If at the time of Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Tower or Annex for such equipment, then subject to all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's ’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called “satellite dishes dish” or other similar devicesdevice, such as antennae on the existing designated area of the Tower for such equipment and may install such devices (collectively, "“Communication Equipment"”) on the “Designated Annex Area” on the roof of the Annex, provided each device at either location is no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) particular locations on the roof of the Project Tower and/or the Designated Annex Area reasonably designated by Landlord. The “Designated Annex Area” shall be an area of at least five hundred (500) square feet designated by Landlord on the roof of the Annex, provided that such area so designated by Landlord may not be in more than two (2) separate blocks, and at least one (1) such block shall be not less than ten (10) feet by ten (10) feet. Landlord shall have the right to require Tenant and to relocate the Communication Equipment at any time to another location on the roof of the Tower or Annex reasonably approved by Landlord; provided that (1) Tenant. After Tenant maintains all has installed such equipment in good condition and repair and in a manner Communication Equipment, Landlord shall not permit any other party to install anything on the roof of the Tower or Annex or anywhere else on the Project that will not unreasonable unreasonably interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warrantiesTenant’s rights under this Article 12. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's ’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's ’s roof warrantywarranty provided such contractor shall charge market competitive rates. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) All plans and specifications for the Communication Equipment shall be subject to Landlord's reasonable approval.
(ii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's electrical system) shall be borne by Tenant.
(iii) Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the Project, and not to damage the Project or interfere with the normal operation of the Project and shall use the Communication Equipment solely for its use in the Premises.
(iv) Tenant shall (A) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment, and (B) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.
(v) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense upon the expiration or sooner termination of this Lease, and shall repair the Project upon such removal to the extent required by such work of removal.
Appears in 2 contracts
Samples: Standard Office Lease, Standard Office Lease (Coinstar Inc)
Communication Equipment. Subject to Tenant's compliance with all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's contractors (which shall first be reasonably approved by Landlord) shall have the non-exclusive right and access to install, repair, replace, remove, operate and maintain so-called "satellite dishes dishes" or other similar devices, such as antennae no greater than thirty-six (collectively36) inches in diameter and weighing no more than fifty (50) pounds each, "Communication Equipment") and together with all cable, wiring, conduits and related equipmentequipment (collectively, "Communication Equipment"), for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, to the extent reasonably necessary to support Tenant's use of the Premises, at location(s) a location on the roof of the Project Building designated by Tenant Landlord and reasonably approved by Landlord; provided that (1) Tenant. There shall be no rental charge, license fee or similar charge to Tenant maintains all for the right to install and maintain such equipment in good condition Communication Equipment at the Building during the initial Lease Term or any extension thereof. Further, Tenant shall have the right of access, consistent with this Section 22.1, to the area where the Communication Equipment is located for the purposes of maintaining, repairing, testing and repair and in a manner that will not unreasonable interfere with other tenants' operations in replacing the Project, and (2) same. Landlord shall have the right to require Tenant takes no action that will invalidate to relocate the Communication Equipment at any time to another location on the roof warranties. If penetration of the roof cannot be avoidedBuilding, which location is reasonably acceptable to Tenant. Unless Landlord elects to perform such penetrations at Tenant's sole cost and expense, Tenant shall retain Landlord's designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's roof warranty. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) 22.1.1 Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all Applicable Laws and Landlord makes no representation that such Applicable Laws permit such installation and operation;
22.1.2 All plans and specifications for the Communication Equipment shall be subject to Landlord's reasonable approval.;
(ii) 22.1.3 All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the ProjectBuilding's electrical system) shall be borne by Tenant;
22.1.4 It is expressly understood that Tenant's rights are superior to any later users of the roof area and subject to the foregoing, Landlord retains the right to use the roof of the Building for any purpose whatsoever (including granting rights to third parties to utilize any portion of the roof not utilized by Tenant); provided, however, [***].
(iii) 22.1.5 Tenant shall use the Communication Equipment so as not to cause any interference to other pre-existing tenants in at the ProjectProject or with any other such tenant's communication equipment, and not to damage the Project or interfere with the normal operation of the Project and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims, costs, damages, expenses and liabilities (including attorneys' fees) arising out of Tenant's failure to comply with the provisions of this Section 22.1.5, except to the extent same is caused by the gross negligence or willful misconduct of Landlord which is not covered by the insurance carried by Tenant under this Lease (or which would not be covered by the insurance required to be carried by Tenant under this Lease);
22.1.6 For the purposes of determining Tenant's obligations with respect to its use of the roof of the Building herein provided, all of the provisions of this Lease relating to compliance with [***] Confidential portions of this document have been redacted and filed separately with the Commission. requirements as to insurance, indemnity, and compliance with laws shall apply to the installation, use and maintenance of the Communication Equipment; provided, however, Tenant shall only be provided access to the roof after prior written notice to Landlord and subject to Landlord's reasonable rules and restrictions regarding access (including, at Landlord's option, the requirement that Tenant be accompanied by a representative of Landlord during such access). Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its use in the Premises.will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor;
(iv) 22.1.7 Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards required by all applicable governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment., except to the extent such repairs, replacements to or maintenance of the Communication Equipment is necessitated as a result of the gross negligence or willful misconduct of Landlord or Landlord Parties;
(v) 22.1.8 The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building upon the expiration or earlier termination of this Lease, Landlord may do so at Tenant's expense. The provisions of this Section 24.32.8 shall survive the expiration or earlier termination of this Lease;
22.1.9 The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 10 of this Lease;
22.1.10 Tenant, at Tenant's sole cost and expense, shall install and maintain such fencing and other protective equipment and/or visual screening on or about the Communication Equipment as Landlord may reasonably determine;
22.1.11 If any of the conditions set forth in this Section 22.1 are not complied with by Tenant, then without limiting Landlord's rights and remedies it may otherwise have under this Lease, at law and/or in equity, Tenant shall correct such noncompliance within five (5) business days after receipt of notice (or such longer period as may be reasonably required as long as Tenant commences such correction within such five (5) business day period and diligently prosecutes the same to completion). If Tenant fails to correct any such noncompliance within such five (5) day period (as may be extended), then, at Landlord's option, Tenant shall immediately discontinue its use of such Communication Equipment and remove the same in accordance with the terms hereof; and
22.1.12 Tenant's rights under this Section 22.1 with respect to the Communication Equipment shall be personal to the Original Tenant or any Permitted Transferee, and may only be utilized by the Original Tenant or such Permitted Transferee (and may not be exercised or utilized by any other assignee, sublessee or other transferee of the Original Tenant's interest in this Lease or the Premises) if the Original Tenant occupies the entire Premises then leased by Original Tenant.
Appears in 2 contracts
Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
Communication Equipment. Subject If Tenant desires to use the roof of the Building to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing ("Communication Equipment Notice"), which Communication Equipment Notice shall describe the specifications for the equipment desired by Tenant. If at the time of Landlord's compliance with receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Building for such equipment, then subject to all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called VSAT "satellite dishes dish" or other similar devicesdevice, such as antennae no greater than one (collectively1) meter in diameter, "Communication Equipment") and together with all cable, wiring, conduits and related equipmentequipment (collectively, "Communication Equipment"), for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project Building designated by Landlord. Further, Tenant shall have the right of access, consistent with this Section 24.32, to the area where the Communication Equipment is located for the purposes of maintaining, repairing, testing and reasonably approved by Landlord; provided that (1) replacing the same. Landlord shall have the right to require Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in to relocate the Project, and (2) Tenant takes no action that will invalidate Communication Equipment at any time to another location on the roof warranties. If penetration of the roof cannot be avoidedBuilding. Unless Landlord elects to perform such penetrations at Tenant 's sole cost and expense, Tenant shall retain Landlord's designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's roof warranty. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) 24.32.1 Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representation that such laws, rules and regulations permit such installation and operation;
24.32.2 All plans and specifications for the Communication Equipment shall be subject to Landlord's reasonable approval.; provided, however, that Landlord hereby approves, in concept, of the specifications for the Communication Equipment attached hereto as Exhibit G (subject, however, to Landlord's approval of any plans and additional specifications pertaining to such Communication Equipment);
(ii) 24.32.3 All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections corrections to the ProjectBuilding's electrical system) shall be borne by Tenant.;
24.32.4 It is expressly understood that Landlord retains the right to use the roof of the Building for any purpose whatsoever (iii) including granting rights to third parties to utilize any portion of the roof not utilized by Tenant);
24.32.5 Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the ProjectBuilding or to other tenants at the Real Property or with any other tenant 's communication equipment, and not to damage the Project Real Property or interfere with the normal operation of the Project Real Property and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims, costs, damages, expenses and liabilities (including attorneys' fees) arising out of Tenant's failure to comply with the provisions of this Section 24.32.5, except to the extent same is caused by the gross negligence or willful misconduct of Landlord which is not covered by the insurance carried by Tenant under this Lease (or which would not be covered by the insurance required to be carried by Tenant under this Lease);
24.32.6 For the purposes of determining Tenant's obligations with respect to its use of the roof of the Building herein provided, all of the provisions of this Lease relating to compliance with requirements as to insurance, indemnity, and compliance with laws shall apply to the installation, use and maintenance of the Communication Equipment; provided, however, Tenant shall only be provided access to the roof after prior written notice to Landlord and subject to Landlord's reasonable rules and restrictions regarding access (including, at Landlord's option, the requirement that Tenant be accompanied by a representative of Landlord during such access). Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use in of similar equipment by others on the Premises.roof of the Building) and Tenant agrees that Landlord shall not be liable to Tenant therefor;
(iv) 24.32.7 Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.;
(v) 24.32.8 The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building upon the expiration or earlier termination of this Lease, Landlord may do so at Tenant's expense. The provisions of this Section 24.32.8 shall survive the expiration or earlier termination of this Lease;
24.32.9 The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 10 of this Lease;
24.32.10 Tenant, at Tenant's sole cost and expense, shall install and maintain such fencing and other protective equipment and/or visual screening on or about the Communication Equipment as Landlord may reasonably determine;
24.32.11 If any of the conditions set forth in this Section 24.32 are not complied with by Tenant, then without limiting Landlords rights and remedies it may otherwise have under this Lease, at law and/or in equity, Tenant shall correct such noncompliance within ten (10) days after receipt of notice (or such longer period as may be reasonably required as long as Tenant commences such correction within such ten (10) day period and diligently prosecutes the same to completion). If Tenant fails to correct any such noncompliance within such ten (10) day period (as may be extended), then, at Landlords option, Tenant shall immediately discontinue its use of such Communication Equipment and remove the same in accordance with the terms hereof; and
24.32.12 Tenant's rights under this Section 24.32 with respect to the Communication Equipment shall be personal to the Original Tenant and any Affiliate of Original Tenant to which Original Tenants entire interest in this Lease has been assigned pursuant to Section 14.7 of this Lease, and may only be utilized by the Original Tenant, or such Affiliated assignee, as the case may be (and may not be exercised or utilized by any other assignee, sublessee or other transferee of the Original Tenant's interest in this Lease or the Premises) if the Original Tenant (or such Affiliated assignee, as the case may be) occupies the entire Premises.
Appears in 2 contracts
Samples: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)
Communication Equipment. Subject If Tenant desires to use the roof of the Building to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing ("Communication Equipment Notice"), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at the time of Landlord's compliance with receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Building for such equipment, then subject to all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called "satellite dishes dish" or other similar devicesdevice, such as antennae no greater than twenty (collectively20) inches in diameter and weighing no more than fifty (50) pounds, "Communication Equipment") and together with all cable, wiring, conduits and related equipmentequipment (collectively, "Communication Equipment"), for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project Building designated by Landlord. Further, Tenant shall have the right of access, consistent with this Section 24.31, to the area where the Communication Equipment is located for the purposes of maintaining, repairing, testing and reasonably approved by Landlord; provided that (1) replacing the same. Landlord shall have the right to require Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in to relocate the Project, and (2) Tenant takes no action that will invalidate Communication Equipment at any time to another location on the roof warranties. If penetration of the roof cannot be avoidedBuilding. Unless Landlord elects to perform such penetrations at Tenant's sole cost and expense, Tenant shall retain Landlord's designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's roof warranty. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) 24.31.1 Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all applicable Laws and Landlord makes no representation that such Laws permit such installation and operation;
24.31.2 All plans and specifications for the Communication Equipment shall be subject to Landlord's reasonable approval.;
(ii) 24.31.3 All costs Costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the ProjectBuilding's electrical system) shall be borne by Tenant.;
24.31.4 It is expressly understood that Landlord retains the right to use the roof of the Building for any purpose whatsoever (iii) including granting rights to third parties to utilize any portion of the roof not utilized by Tenant);
24.31.5 Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the ProjectBuilding or to other tenants at the Real Property or with any other tenant's communication equipment, and not to damage the Project Real Property or interfere with the normal operation of the Project Real Property and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims, costs, damages, expenses and liabilities (including attorneys' fees) arising out of Tenant's failure to comply with the provisions of this Section 24.31.5, except to the extent same is caused by the gross negligence or willful misconduct of Landlord which is not covered by the insurance carried by Tenant under this Lease (or which would not be covered by the insurance required to be carried by Tenant under this Lease);
24.31.6 For the purposes of determining Tenant's obligations with respect to its use of the roof of the Building herein provided, all of the provisions of this Lease relating to compliance with requirements as to insurance, indemnity, and compliance with laws shall apply to the installation, use and maintenance of the Communication Equipment; provided, however, Tenant shall only be provided access to the roof after prior written notice to Landlord and subject to Landlord's reasonable rules and restrictions regarding access (including, at Landlord's option, the requirement that Tenant be accompanied by a representative of Landlord during such access). Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use in of similar equipment by others on the Premises.roof of the Building) and Tenant agrees that Landlord shall not be liable to Tenant therefor;
(iv) 24.31.7 Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.;
(v) 24.31.8 The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building upon the expiration or earlier termination of this Lease, Landlord may do so at Tenant's expense. The provisions of this Section 24.31.8 shall survive the expiration or earlier termination of this Lease;
24.31.9 The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 10 of this Lease;
24.31.10 Tenant, at Tenant's sole cost and expense, shall install and maintain such fencing and other protective equipment and/or visual screening on or about the Communication Equipment as Landlord may reasonably determine;
24.31.11 If any of the conditions set forth in this Section 24.31 are not complied with by Tenant, then without limiting Landlord's rights and remedies it may otherwise have under this Lease, at law and/or in equity, Tenant shall correct such noncompliance within five (5) days after receipt of notice (or such longer period as may be reasonably required as long as Tenant commences such correction within such five (5) day period and diligently prosecutes the same to completion). If Tenant fails to correct any such noncompliance within such five (5) day period (as may be extended), then, at Landlord's option, Tenant shall immediately discontinue its use of such Communication Equipment and remove the same in accordance with the terms hereof; and
24.31.12 Tenant's rights under this Section 24.31 with respect to the Communication Equipment shall be personal to the Original Tenant and any assignee that is an Affiliate of the Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease, and may only be utilized by the Original Tenant or such assignee that is an Affiliate (and may not be exercised or utilized by any other assignee, sublessee or other transferee of the Original Tenant's interest in this Lease or the Premises) if the Original Tenant (or such assignee that is an Affiliate, as the case may be) occupies at least [***] of the entire Premises then leased by Original Tenant (or Affiliate assignee, as the case may be).
Appears in 2 contracts
Samples: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)
Communication Equipment. If Tenant desires to use the roof of any building(s) constituting the Premises to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing ("Communication Equipment Notice"), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. Subject to Tenantall CC&R's compliance with all and Applicable Laws, Tenant and Tenant's contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain so-called "satellite dishes dishes" or other similar devices, such as antennae (collectively, "Communication Equipment") ), together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project designated by Tenant and reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warranties. If penetration of the roof penetrations cannot be avoided, Tenant shall retain Landlord's designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's roof warranty. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) 12.1. Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all Applicable Laws and CC&R's and Landlord makes no representation that such CC&R's and Applicable Laws permit such installation and operation.
12.2. All plans and specifications for the Communication Equipment shall be subject to Landlord's reasonable approval.
(ii) 12.3. All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's electrical system) shall be borne by Tenant.
(iii) Tenant 12.4. Landlord shall use not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment so as will be able to receive or transmit communication signals without interference or disturbance (whether or not to cause any interference to other tenants in the Project, and not to damage the Project or interfere with the normal operation by reason of the Project installation or use of similar equipment by others) and Tenant agrees that Landlord shall use not be liable to Tenant therefor. Tenant shall not lease or otherwise make the Communication Equipment solely available to any third party and the Communication Equipment shall be only for its Tenant's use in connection with the conduct of Tenant's business in the Premises.
(iv) 12.5. Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations Applicable Laws in connection with the installation, maintenance or use of the -19- SEQUENCE TECHNOLOGY CENTER [Expansion and Extension Amendment] [DexCom, Inc.] Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.
(v) 12.6. The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense upon the expiration or sooner termination of this the Lease, as amended, or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Project within fifteen (15) days after the expiration or earlier termination of the Lease, as amended, Landlord may do so at Tenant's expense. The provisions of this Section 12.6 shall survive the expiration or earlier termination of the Lease, as amended.
12.7. The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 10 of the Original Lease.
12.8. Upon request from Landlord, Tenant agrees to execute a license agreement with Landlord or Landlord's rooftop management company regarding Tenant's installation, use and operation of the Communication Equipment, which license agreement shall be in commercially reasonable form and shall incorporate the terms and conditions of this Section 12.
Appears in 1 contract
Samples: Office Lease (Dexcom Inc)
Communication Equipment. Subject to Tenant's compliance with all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's ’s contractors (which shall first firs be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called “satellite dishes dish” or other similar devicesdevise, such as antennae (collectively, "“Communication Equipment"”) no greater than one (1) meter in diameter, together with aesthetic screener designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project designated by Landlord. Landlord shall have the right to require Tenant and to relocate the Communication Equipment, at Landlord’s expense, at any time to another location on the roof of the Project reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warrantiesTenant. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's ’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's ’s roof warranty. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(ia) Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representation that such laws, rules and regulations permit such installation and operation.
(b) All plans and specifications for the Communication Equipment shall be subject to Landlord's ’s reasonable approval.
(iic) All costs Costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's ’s electrical system) shall be borne by Tenant.
(iiid) It is expressly understood that Landlord retains the right to use the roof of the Project for any purpose whatsoever provided that Landlord shall not unduly interfere with Tenant’s use of the Communication Equipment.
(e) Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the ProjectProject or with any other tenant’s Communication Equipment, and not to damage the Project or interfere with the normal operation of the Project and Project.
(f) Landlord shall use not have any obligations with respect to the Communication Equipment. Landlord makes not representation that the Communication Equipment solely will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof of the Project) and Tenant agrees that Landlord shall not be liable to Tenant therefor. Tenant shall not lease or otherwise make the Communication Equipment available to any third party and the Communication Equipment shall be only for its Tenant’s use in connection with the conduct of Tenant’s Business in the Premises.
(ivg) Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any an tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.
(vh) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Project within fifteen (15) days after the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense. The provisions of this Section 34(h) shall survive the expiration or earlier termination of this Lease.
(i) The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Articles 13 and 14 of this Lease.
(j) Tenant agrees to execute a license agreement with Landlord’s rooftop management company regarding Tenant’s installation, use and operation of the Communication Equipment, which license agreement should be in commercially reasonable form and shall incorporate the terms and conditions of this Article 34. Tenant acknowledges that such license agreement will require Tenant to pay a one-time initial oversight fee to the rooftop management company in connection with the installation of the Communication Equipment.
(k) Prior to Tenant’s installation of the Communication Equipment, Tenant shall pay to Landlord or Landlord’s rooftop management company, a one-time initial oversight fee in the amount of Five Hundred Dollars ($500.00). Furthermore, Tenant shall be responsible for the cost of any utilities provided to the Communication Equipment, which costs shall be billed to Tenant and payable by Tenant monthly, as Additional Rent.
Appears in 1 contract
Communication Equipment. Subject If Tenant desires to use the roof of the Building to install communication equipment to be used from the Premises in connection with Tenant's compliance with ’s business at the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at the time of Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Building for such equipment, then subject to all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's ’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain a reasonable number (based upon Tenant’s occupancy of the Building and its relationship to the capacity of the Building’s roof) of so-called “satellite dishes dishes” or other similar devices, such as antennae (collectively, "“Communication Equipment"”) and no greater than one (1) meter in diameter, together with all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project Building designated by Landlord. Landlord shall have the right to require Tenant and to relocate the Communication Equipment at any time to another location on the roof of the Building reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warrantiesTenant. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's ’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's ’s roof warranty. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(ia) Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representation that such laws, rules and regulations permit such installation and operation.
(b) All plans and specifications for the Communication Equipment shall be subject to Landlord's ’s reasonable approval.
(iic) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's Building’s electrical system) shall be borne by Tenant.
(iiid) Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the ProjectBuilding or to other tenants of the Project or with any other tenant’s Communication Equipment, and not to damage the Project Building or interfere with the normal operation of the Project and Building or Project.
(e) Landlord shall use not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use in of similar equipment by others on the Premisesroof of the Building) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
(ivf) Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.
(vg) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within fifteen (15) days after the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense. The provisions of this Section 6.7(g) shall survive the expiration or earlier termination of this Lease. The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 10 of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Genomatica Inc)
Communication Equipment. Subject If Tenant desires to use the roof of the Building to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant's compliance with . If at the time of Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Building for such equipment, then subject to all Lawsgovernmental laws, rules and regulations. Tenant and Tenant's ’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called “satellite dishes dish” or other similar devicesdevice no greater than forty-eight (48) inches in diameter, such as antennae (collectively, "Communication Equipment") and together with all cable, wiring, conduits and related equipmentequipment (collectively, “Communication Equipment”), for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project Building designated by Landlord. Landlord shall have the right to require Tenant and to relocate the Communication Equipment at any time to another location on the roof of the Building reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warrantiesTenant. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's ’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's ’s roof warranty. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(ia) Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representation that such laws, rules and regulations permit such installation and operation.
(b) All plans and specifications for the Communication Equipment shall be subject to Landlord's ’s reasonable approval.
(iic) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's Building’s electrical system) shall be borne by Tenant.
(iiid) It is expressly understood that Landlord retains the right to use the roof of the Building for any purpose whatsoever provided that Landlord shall not unduly interfere with Tenant’s use of the Communication Equipment.
(e) Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the ProjectBuilding or to other tenants of the Project or with any other tenant’s Communication Equipment, and not to damage the Project Building or interfere with the normal operation of the Project and Building. (f) Landlord shall use not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its use in will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the Premises.
(iv) Tenant shall (A) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance installation or use of similar equipment by others on the Communication Equipment, and (B) pay for all necessary repairs, replacements to or maintenance roof of the Communication EquipmentBuilding) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
(v) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense upon the expiration or sooner termination of this Lease, and shall repair the Project upon such removal to the extent required by such work of removal.
Appears in 1 contract
Samples: Office Lease (Health Net Inc)
Communication Equipment. Subject If Tenant desires to use the roof of the Project to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant's compliance with . If at the time of Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Project for such equipment, then subject to all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's ’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain five (5) so-called “satellite dishes dishes” or other similar devices, such as antennae (collectively, "the “Communication Equipment"”), which Communication Equipment the combined size of which shall be no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project designated by Landlord. Landlord shall have the right to require Tenant and reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in to relocate the Communication Equipment at any time to another location on the roof of the Project, and (2) Tenant takes no action that will invalidate any roof warranties. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's ’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's ’s roof warranty. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all Applicable Laws, and Landlord makes no representation that such Applicable Laws permit such installation and operation.
(ii) All plans and specifications for the Communication Equipment shall be subject to Landlord's ’s reasonable approval.
(iiiii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's ’s electrical system) shall be borne by Tenant.
(iiiiv) It is expressly understood that Landlord retains the right to use the roof of the Project for any purpose whatsoever.
(v) Tenant shall use the Communication Equipment so as not to cause any unreasonable interference to other tenants in the ProjectProject or with any other tenant’s Communication Equipment, and not to damage the Project or interfere with the normal operation of the Project Project.
(vi) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof of the Project) and Tenant agrees that Landlord shall not be liable to Tenant therefor. Tenant shall not lease or otherwise make the Communication Equipment available to any third party (other than Tenant’s customers and clients, which may use the Communication Equipment solely while at the Premises for its business purposes only) and the Communication Equipment shall be only for Tenant’s use in connection with the conduct of Tenant’s business in the Premises.
(ivvii) Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations Applicable Laws in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.
(vviii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any Applicable Law which may require removal, and shall repair the Project upon such removal to the extent required by such work condition it existed prior to the installation of removalthe Communication Equipment. If Tenant fails to remove the Communication Equipment and repair the Project within fifteen (15) days after the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense. The provisions of this Section 12(d)(viii) shall survive the expiration or earlier termination of this Lease.
(ix) The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 13 of this Lease.
(x) Upon request from Landlord, Tenant agrees to execute a license agreement with Landlord or Landlord’s rooftop management company regarding Tenant’s installation, use and operation of the Communication Equipment, which license agreement shall be in commercially reasonable form and shall incorporate the terms and conditions of this Section 12.
Appears in 1 contract
Communication Equipment. Subject to Tenant's compliance with all Laws, Tenant and Tenant's ’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) satellite dishes dish or other similar devicesdevice, such as antennae (collectivelyan antenna, "Communication Equipment") and together with all cable, wiring, conduits and related equipmentequipment (collectively, “Communication Equipment”), for the purpose of receiving and sending radio, television, computer, telephone or other communication signalssignals to and from the Premises in connection with Tenant’s use of the Premises, at location(s) a location on the roof of the Project Building designated by Tenant Landlord and reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warrantiesacceptable to Tenant. If penetration Such use of the roof canfor Communication Equipment shall be at no additional charge to Tenant during the Lease Term and any extensions thereof. Tenant shall ensure that any Communication Equipment installed by Tenant does not be avoided, unreasonably interfere with any equipment installed on the roof of the Building prior to Tenant’s installation of its Communication Equipment. Tenant shall retain Landlord's ’s designated roofing contractor (who shall be reasonably acceptable to Tenant) to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's ’s roof warranty. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) 29.32.1 Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental Laws, rules and regulations and Landlord makes no representation that such Laws, rules and regulations permit such installation and operation. Further, Tenant’s Communication Equipment shall not cause the Building rooftop to violate any Laws, rules and/or regulations and Tenant shall be responsible for ensuring that its use does not cause such a violation.
29.32.2 All plans and specifications for the Communication Equipment shall be subject to Landlord's ’s reasonable approval, which approval shall not be unreasonably withheld, conditioned or delayed.
(ii) 29.32.3 All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's Building’s electrical system) shall be borne by Tenant. Xxxxxxxx agrees to cooperate (at no expense to Landlord) with Tenant in obtaining such permits and connections.
(iii) 29.32.4 It is expressly understood that Landlord retains the right to use the roof of the Building for any purpose whatsoever provided that Landlord shall not unduly interfere with Tenant’s use of the Communication Equipment.
29.32.5 Tenant shall use the Communication Equipment so as not to cause any undue interference or danger to other tenants in the ProjectBuilding or with any other tenant’s or licensee’s communication equipment installed on the roof prior to Tenant’s installation of its Communication Equipment, and not to damage the Project Building or interfere with the normal operation of the Project and Building.
29.32.6 Landlord shall use not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use in of similar equipment by others on the Premisesroof of the Building) and Xxxxxx agrees that Landlord shall not be liable to Tenant therefor.
(iv) 29.32.7 Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws Laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay be responsible for all any necessary repairs, replacements to or maintenance of the Communication Equipment.
(v) 29.32.8 The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental Law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense. The provisions of this Section 29.32.8 shall survive the expiration or earlier termination of this Lease.
29.32.9 The area occupied by the Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 10 of this Lease.
29.32.10 Tenant shall be entitled, at no additional charge, to use its pro rata share of the existing risers of the Building to install its Communication Equipment; provided that Landlord makes no representation regarding the capacity of such risers. In the event additional capacity is needed, Tenant shall have the right to provide such additional capacity, subject to Landlord’s prior written approval of the methods and manner of providing such additional capacity, which consent may be withheld in Landlord’s reasonable discretion.
29.32.11 Tenant hereby agrees to comply with all regulations, Laws and codes applicable to the use of its Communication Equipment, including, without limitation, FCC and OSHA regulations relating to radio frequency (“RF”) emissions.
Appears in 1 contract
Samples: Lease (GenMark Diagnostics, Inc.)
Communication Equipment. Subject to Tenant's compliance with all Lawslaws, Tenant and Tenant's ’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain up to five (5) satellite dishes or other similar devices, such as antennae (collectivelyand if Tenant requires more than five (5) satellite dishes or similar devices, "Communication Equipment") and the same shall be subject to Landlord’s reasonable approval), together with all cable, wiring, conduits and related equipmentequipment (collectively, “Communication Equipment”), for the purpose of receiving and sending radio, television, computer, telephone or other communication signalssignals to and from the Premises in connection with Tenant’s use of the Premises, at location(s) a location on the roof of the Project Building designated by Tenant Landlord and reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warrantiesacceptable to Tenant. If penetration Such use of the roof canfor Communication Equipment shall be at no additional charge to Tenant during the Lease Term and any extensions thereof. Tenant shall ensure that any Communication Equipment installed by Tenant does not be avoided, unreasonably interfere with any equipment installed on the roof of the Building prior to Tenant’s installation of its Communication Equipment. Tenant shall retain Landlord's ’s designated roofing contractor (who shall be reasonably acceptable to Tenant) to make any necessary penetrations and associated repairs to the roof in order to preserve P:00816539-5:12107.019 -32- Landlord's ’s roof warranty. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) 29.34.1 Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representation that such laws, rules and regulations permit such installation and operation. Further, Tenant’s Communication Equipment shall not cause the Building rooftop to violate any laws, rules and/or regulations and Tenant shall be responsible for ensuring that its use does not cause such a violation.
29.34.2 All plans and specifications for the Communication Equipment shall be subject to Landlord's ’s reasonable approval, which approval shall not be unreasonably withheld, conditioned or delayed.
(ii) 29.34.3 All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's Building’s electrical system) shall be borne by Tenant. Landlord agrees to cooperate (at no expense to Landlord) with Tenant in obtaining such permits and connections.
(iii) 29.34.4 It is expressly understood that Landlord retains the right to use the roof of the Building for any purpose whatsoever provided that Landlord shall not unduly interfere with Tenant’s use of the Communication Equipment.
29.34.5 Tenant shall use the Communication Equipment so as not to cause any undue interference or danger to other tenants in the ProjectBuilding or with any other tenant’s or licensee’s communication equipment installed on the roof prior to Tenant’s installation of its Communication Equipment, and not to damage the Project Building or interfere with the normal operation of the Project and Building.
29.34.6 Landlord shall use not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use in of similar equipment by others on the Premisesroof of the Building) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
(iv) 29.34.7 Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay be responsible for all any necessary repairs, replacements to or maintenance of the Communication Equipment.
(v) 29.34.8 The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense. The provisions of this Section 29.33.8 shall survive the expiration or earlier termination of this Lease.
29.34.9 The area occupied by the Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 10 of this Lease.
29.34.10 Tenant shall be entitled, at no additional charge, to use its pro rata share of the existing risers of the Building to install its Communication Equipment; provided that Landlord makes no representation regarding the capacity of such risers. In the event additional capacity is needed, Tenant shall have the right to provide such additional capacity, subject to Landlord’s prior written approval of the methods and manner of providing such additional capacity, which consent may be withheld in Landlord’s reasonable discretion.
29.34.11 Tenant hereby agrees to comply with all regulations, laws and codes applicable to the use of its Communication Equipment, including, without limitation, FCC and OSHA regulations relating to radio frequency (“RF”) emissions. [SIGNATURE PAGE FOLLOWS] P:00816539-5:12107.019 -33-
Appears in 1 contract
Samples: Lease (Maxlinear Inc)
Communication Equipment. Subject to Tenant's compliance with all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's contractors (which shall first be reasonably approved by Landlord) shall have the non-exclusive right and access to install, repair, replace, remove, operate and maintain so-called "satellite dishes dishes" or other similar devices, such as antennae no greater than thirty-six (collectively36) inches in diameter and weighing no more than fifty (50) pounds each, "Communication Equipment") and together with all cable, wiring, conduits and related equipmentequipment (collectively, "Communication Equipment"), for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, to the extent reasonably necessary to support Tenant's use of the Premises, at location(s) a location on the roof of the Project Building designated by Tenant Landlord and reasonably approved by Landlord; provided that (1) Tenant. There shall be no rental charge, license fee or similar charge to Tenant maintains all for the right to install and maintain such equipment in good condition Communication Equipment at the Building during the initial Lease Term or any extension thereof. Further, Tenant shall have the right of access, consistent with this Section 22.1, to the area where the Communication Equipment is located for the purposes of maintaining, repairing, testing and repair and in a manner that will not unreasonable interfere with other tenants' operations in replacing the Project, and (2) same. Landlord shall have the right to require Tenant takes no action that will invalidate to relocate the Communication Equipment at any time to another location on the roof warranties. If penetration of the roof cannot be avoidedBuilding, which location is reasonably acceptable to Tenant. Unless Landlord elects to perform such penetrations at Tenant's sole cost and expense, Tenant shall retain Landlord's designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's roof warranty. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) 22.1.1 Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all Applicable Laws and Landlord makes no representation that such Applicable Laws permit such installation and operation;
22.1.2 All plans and specifications for the Communication Equipment shall be subject to Landlord's reasonable approval.;
(ii) 22.1.3 All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the ProjectBuilding's electrical system) shall be borne by Tenant;
22.1.4 It is expressly understood that Tenant's rights are superior to any later users of the roof area and subject to the foregoing, Landlord retains the right to use the roof of the Building for any purpose whatsoever (including granting rights to third parties to utilize any portion of the roof not utilized by Tenant); provided, however, [***]. [***] Confidential portions of this document have been redacted and filed separately with the Commission.
(iii) 22.1.5 Tenant shall use the Communication Equipment so as not to cause any interference to other pre-existing tenants in at the ProjectProject or with any other such tenant's communication equipment, and not to damage the Project or interfere with the normal operation of the Project and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims, costs, damages, expenses and liabilities (including attorneys' fees) arising out of Tenant's failure to comply with the provisions of this Section 22.1.5, except to the extent same is caused by the gross negligence or willful misconduct of Landlord which is not covered by the insurance carried by Tenant under this Lease (or which would not be covered by the insurance required to be carried by Tenant under this Lease);
22.1.6 For the purposes of determining Tenant's obligations with respect to its use of the roof of the Building herein provided, all of the provisions of this Lease relating to compliance with requirements as to insurance, indemnity, and compliance with laws shall apply to the installation, use and maintenance of the Communication Equipment; provided, however, Tenant shall only be provided access to the roof after prior written notice to Landlord and subject to Landlord's reasonable rules and restrictions regarding access (including, at Landlord's option, the requirement that Tenant be accompanied by a representative of Landlord during such access). Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its use in the Premises.will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor;
(iv) 22.1.7 Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards required by all applicable governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment., except to the extent such repairs, replacements to or maintenance of the Communication Equipment is necessitated as a result of the gross negligence or willful misconduct of Landlord or Landlord Parties;
(v) 22.1.8 The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building upon the expiration or earlier termination of this Lease, Landlord may do so at Tenant's expense. The provisions of this Section 24.32.8 shall survive the expiration or earlier termination of this Lease;
22.1.9 The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 10 of this Lease;
22.1.10 Tenant, at Tenant's sole cost and expense, shall install and maintain such fencing and other protective equipment and/or visual screening on or about the Communication Equipment as Landlord may reasonably determine;
22.1.11 If any of the conditions set forth in this Section 22.1 are not complied with by Tenant, then without limiting Landlord's rights and remedies it may otherwise have under this Lease, at law and/or in equity, Tenant shall correct such noncompliance within five (5) business days after receipt of notice (or such longer period as may be reasonably required as long as Tenant commences such correction within such five (5) business day period and diligently prosecutes the same to completion). If Tenant fails to correct any such noncompliance within such five (5) day period (as may be extended), then, at Landlord's option, Tenant shall immediately discontinue its use of such Communication Equipment and remove the same in accordance with the terms hereof; and
22.1.12 Tenant's rights under this Section 22.1 with respect to the Communication Equipment shall be personal to the Original Tenant or any Permitted Transferee, and may only be utilized by the Original Tenant or such Permitted Transferee (and may not be exercised or utilized by any other assignee, sublessee or other transferee of the Original Tenant's interest in this Lease or the Premises) if the Original Tenant occupies the entire Premises then leased by Original Tenant.
Appears in 1 contract
Communication Equipment. Subject If Tenant desires to use the roof of the Building to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant's compliance with . After Landlord’s receipt of the Communication Equipment Notice and subject to all Lawsgovernmental laws, rules and regulations, and covenants, conditions and restrictions affecting the Project, Tenant and Tenant's contractors ’s contractors’ (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain up to seven (7) so-called “satellite dishes” or other similar device, such as antennae, with up to four (4) of such satellite dishes (or other similar device such as antennae) to be no greater than two (2) meters in diameter and the remaining satellite dishes (or other similar devices, such as antennae ) to be no greater than one (1) meter in diameter (collectively, "“Communication Equipment") and ”), together with all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or computer and/or other communication signals, at location(s) a location on the roof of the Project Building designated by Tenant and reasonably approved by Landlord. In the event that applicable law or ordinance does not permit the installation of such Communication Equipment on the roof of the Building, Landlord shall use its good faith efforts to designate an alternate location (if any) in the Project for Tenant’s installation of the same. Landlord shall have the right to require Tenant to relocate the Communication Equipment at any time to another location on the roof of the Building or the Project reasonably approved by Tenant; provided that (1) Tenant maintains all any such equipment in good condition relocation shall be at Landlord’s cost and repair and in a manner that will shall not unreasonable interfere with other tenants' operations in materially or adversely impair the Project, and (2) Tenant takes no action that will invalidate any roof warrantiesutility or operation of such Communication Equipment by Tenant. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's ’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's ’s roof warranty; provided, however, that if the price charged by Landlord’s designated roofing contractor exceeds that quoted to Tenant from two (2) other reputable, licensed roofing contractors approved by Landlord for the subject work, which quotes shall be provided by Tenant to Landlord concurrently with Tenant’s Communication Equipment Notice, Landlord shall be obligated to pay the difference between the lower of the quotes obtained by Tenant and the price charged by Landlord’s designated roofing contractor. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) A. Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representation that such laws, rules and regulations permit such installation and operation.
B. All plans and specifications for pertaining to the installation and hook-up of the Communication Equipment shall be subject to Landlord's ’s reasonable approval.
(ii) C. All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's Building’s electrical system) shall shall, except as otherwise expressly provided above, be borne by Tenant at Tenant’s sole cost and expense.
(iii) D. It is expressly understood that Landlord retains the right to use the roof of the Building for any purpose whatsoever provided that Landlord shall not unduly interfere with Tenant’s use of the Communication Equipment.
E. Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the Project or with any other tenants’ communication equipment located in the Project, and not to damage the Building and Project or interfere with the normal operation of the Project Building and Project. Tenant shall, at Tenant’s sole cost and expense, install screens reasonably approved by Landlord so that any such Communication Equipment is not visible from the ground within the Project.
F. Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof the Building and/or the Project) and Tenant agrees that Landlord shall not be liable to Tenant therefor; provided, however, that Landlord shall not install or operate, and shall use commercially reasonable good faith efforts to not permit any other occupant of the Building to install or operate, any roof top communication equipment in a manner that unreasonably interferes with the operation of Tenant’s Communication Equipment. In the event of such interference, Landlord shall use commercially reasonable efforts to have such other occupant discontinue such interference; provided, however, that Tenant agrees to use commercially reasonable efforts to install and operate its Communication Equipment solely for its in a manner that will accommodate any other occupants’ use of roof top communication equipment in the PremisesProject.
(iv) G. Tenant shall (Ai) be solely responsible for any damage to the Building and/or the Project caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.
(v) . H. The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building and/or the Project upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building and/or the Project within fifteen (15) days after the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense. The provisions of this Section 25.20 shall survive the expiration or earlier termination of this Lease.
I. The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Articles 7, 14 and 17 of this Lease.
J. Tenant’s rights under this Section 25.20 are personal to the Original Tenant and any Permitted Assignee.
Appears in 1 contract
Samples: Sublease (Celladon Corp)
Communication Equipment. Subject 35.1. If Tenant desires to use the roof of the Building to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall describe the specifications for the equipment desired by Tenant's compliance with . If at the time of Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Building for such equipment, then subject to all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's ’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called “satellite dishes dish” or other similar devicesdevice, such as antennae no greater than two (collectively2) meters in diameter, "Communication Equipment") and together with all cable, wiring, conduits and related equipmentequipment (collectively, “Communication Equipment”), for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project Building designated by Landlord. Further, Tenant shall have the right of access, consistent with this Section 35, to the area where the Communication Equipment is located for the purposes of maintaining, repairing, testing and reasonably approved by replacing the same. Landlord; provided that (1) , at Landlord’s sole cost and expense, shall have the right to require Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in to relocate the Project, and (2) Tenant takes no action that will invalidate Communication Equipment at any time to another location on the roof warranties. If penetration of the roof cannot be avoidedBuilding. Unless Landlord elects to perform such penetrations at Tenant’s sole cost and expense, Tenant shall retain Landlord's ’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's ’s roof warranty. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) 35.2. Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representation that such laws, rules and regulations permit such installation and operation;
35.3. All plans and specifications for the Communication Equipment shall be subject to Landlord's ’s reasonable approval.;
(ii) 35.4. All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's Building’s electrical system) shall be borne by Tenant.;
35.5. It is expressly understood that Landlord retains the right to use the roof of the Building for any purpose whatsoever (iii) including granting rights to third parties to utilize any portion of the roof not utilized by Tenant);
35.6. Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the ProjectBuilding or to other tenants at the Project or with any other tenant’s communication equipment, and not to damage the Project or interfere with the normal operation of the Project and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims, costs, damages, expenses and liabilities (including attorneys’ fees) arising out of Tenant’s failure to comply with the provisions of this Section 35.6, except to the extent same is caused by the gross negligence or willful misconduct of Landlord which is not covered by the insurance carried by Tenant under this Lease (or which would not be covered by the insurance required to be carried by Tenant under this Lease);
35.7. For the purposes of determining Tenant’s obligations with respect to its use of the roof of the Building herein provided, all of the provisions of this Lease relating to compliance with requirements as to insurance, indemnity, and compliance with laws shall apply to the installation, use and maintenance of the Communication Equipment; provided, however, Tenant shall only be provided access to the roof after prior written notice to Landlord and subject to Landlord’s reasonable rules and restrictions regarding access (including, at Landlord’s option, the requirement that Tenant be accompanied by a representative of Landlord during such access). Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use in of similar equipment by others on the Premises.roof of the Building) and Tenant agrees that Landlord shall not be liable to Tenant therefor;
(iv) 35.8. Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.;
(v) 35.9. The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building upon the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense. The provisions of this Section 35.9 shall survive the expiration or earlier termination of this Lease;
35.10. The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Section 17 of this Lease;
35.11. Tenant, at Tenant’s sole cost and expense, shall install and maintain such fencing and other protective equipment and/or visual screening on or about the Communication Equipment as Landlord may reasonably determine;
35.12. If any of the conditions set forth in this Section 35 are not complied with by Tenant, then without limiting Landlord’s rights and remedies it may otherwise have under this Lease, at law and/or in equity, Tenant shall correct such noncompliance within five (5) business days after receipt of notice (or such longer period as may be reasonably required as long as Tenant commences such correction within such five (5) business day period and diligently prosecutes the same to completion). If Tenant fails to correct any such noncompliance within such five (5) business day period (as may be extended), then, at Landlord’s option, Tenant shall immediately discontinue its use of such Communication Equipment and remove the same in accordance with the terms hereof; and
35.13. Tenant’s rights under this Section 35 with respect to the Communication Equipment shall be personal to the Original Tenant and any Affiliate that is an assignee of Original Tenant’s entire interest in this Lease pursuant to Section 14.8 of this Lease, and may only be exercised or utilized by the Original Tenant or such Affiliate that is an assignee (and may not be exercised or utilized by any other assignee, sublessee or other transferee of the Original Tenant’s interest in this Lease or the Premises) if the Original Tenant (or such Affiliate that is an assignee, as the case may be) occupies at least seventy-five percent (75%) of the entire Premises.
Appears in 1 contract
Samples: Office Lease (Axesstel Inc)
Communication Equipment. Subject to Tenant's compliance with all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's ’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain up to one (1) twenty-four inch (24") satellite dishes dish or other similar devicesdevice, such as antennae (collectively, "Communication Equipment") and together with all cable, wiring, conduits and related equipmentequipment (collectively, “Communication Equipment”), for the purpose of receiving and sending radio, television, computer, telephone or other communication signalssignals to and from the Premises in connection with Tenant’s use of the Premises, at location(s) a location on the roof of the Project Building designated by Tenant Landlord and reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warrantiesacceptable to Tenant. If penetration Such use of the roof canfor Communication Equipment shall be at no additional charge to Tenant during the Lease Term and any extensions thereof. Tenant shall ensure that any Communication Equipment installed by Tenant does not be avoided, interfere with any equipment installed on the roof of the Building prior to Tenant’s installation of its Communication Equipment. Tenant shall retain Landlord's ’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's ’s roof warranty. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) 29.21.1 Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representation that such laws, rules and regulations permit such installation and operation. Further, Tenant’s Communication Equipment shall not cause the Building rooftop to violate any laws, rules and/or regulations and Tenant shall be responsible for ensuring that its use does not cause such a violation.
29.21.2 All plans and specifications for the Communication Equipment shall be subject to Landlord's ’s reasonable approval.
(ii) 29.21.3 All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's Building’s electrical system) shall be borne by Tenant. Landlord agrees to cooperate (at no expense to Landlord) with Tenant in obtaining such permits and connections.
(iii) 29.21.4 It is expressly understood that Landlord retains the right to use the roof of the Building for any purpose whatsoever provided that Landlord shall not unduly interfere with Tenant’s use of the Communication Equipment.
29.21.5 Tenant shall use the Communication Equipment so as not to cause any interference or danger to other tenants in the ProjectBuilding or with any other tenant’s or licensee’s communication equipment installed on the roof prior to Tenant’s installation of its Communication Equipment, and not to damage the Project Building or interfere with the normal operation of the Project and Building.
29.21.6 Landlord shall use not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof of the Building) and Tenant agrees that Landlord shall not be liable to Tenant therefor Notwithstanding the foregoing, Landlord and Tenant agree to reasonably cooperate with each other, and with other tenants, to share the available space and facilities and to coordinate the efficient collocation of data/telecommunications systems in or on the PremisesBuilding. Landlord shall exercise good faith efforts to avoid interference by any later installed antennae and other equipment with the use of the Communications Equipment.
(iv) 29.21.7 Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay be responsible for all any necessary repairs, replacements to or maintenance of the Communication Equipment.
(v) 29.21.8 The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense. The provisions of this Section 29.21.8 shall survive the expiration or earlier termination of this Lease.
29.21.9 The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 10 of this Lease.
29.21.10 Tenant shall be entitled, at no additional charge, to use its pro rata share of the existing risers of the East Building to install its Communications Equipment; provided that Landlord makes no representation regarding the capacity of such risers. In the event additional capacity is needed, Tenant shall have the right to provide such additional capacity, subject to Landlord’s prior written approval of the methods and manner of providing such additional capacity, which consent may be withheld in Landlord’s reasonable discretion.
29.21.11 Tenant hereby agrees to comply with all regulations, laws and codes applicable to the use of its Communications Equipment, including, without limitation, FCC and OSHA regulations relating to radio frequency (“RF”) emissions. Further, Tenant represents and warrants that the operation of the Communications Equipment will not cause the Building rooftop to violate the maximum permissible exposure rules established by OSHA. Tenant shall (i) at Landlord’s option (to be exercised reasonably and for good cause only), pay the cost of a study of the Building rooftop to ensure that Tenant’s use pursuant to this Section 29.21 will not cause the rooftop to be in violation of any RF emissions requirements, which study shall be performed by a contractor reasonably approved by Landlord, and (ii) take any steps required by any applicable laws to cause the use of the Communications Equipment to comply with such laws, including implementation of an RF safety program which complies with all OSHA and FCC regulations.
Appears in 1 contract
Communication Equipment. Subject If Tenant desires to use the roof of the Building to install communication equipment to be used from the Premises in connection with Tenant's compliance with business at the Premises only, Tenant may so notify Landlord in writing ("Communication Equipment Notice"), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at the time of Landlord's receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Building for such equipment, then subject to all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called "satellite dishes dish" or other similar devicesdevice, such as antennae no greater than one (collectively1) meter in diameter, "Communication Equipment") and together with all cable, wiring, conduits and related equipmentequipment (collectively, "Communication Equipment"), for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project Building designated by Landlord. Landlord shall have the right to require Tenant and to relocate the Communication Equipment at any time to another location on the roof of the Building reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warrantiesTenant. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's roof warranty. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(ia) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representation that such laws, rules and regulations permit such installation and operation.
(b) All plans and specifications for the Communication Equipment shall be subject to Landlord's reasonable approval.
(iic) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the ProjectBuilding's electrical system) shall be borne by Tenant.
(iiid) It is expressly understood that Landlord retains the right to use the roof of the Building for any purpose whatsoever provided that Landlord shall not unduly interfere with Tenant's use of the Communication Equipment.
(e) Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the ProjectBuilding or to other tenants of the Building or with any other tenant's Communication Equipment, and not to damage the Project Building or interfere with the normal operation of the Project and Building.
(f) Landlord shall use not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use in of similar equipment by others on the Premisesroof of the Building) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
(ivg) Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.
(vh) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within fifteen (15) days after the expiration or earlier termination of this Lease, Landlord may do so at Tenant's expense. The provisions of this Section 21.15 shall survive the expiration or earlier termination of this Lease.
(i) The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Section 9 of this Lease.
Appears in 1 contract
Communication Equipment. Subject Permission is granted, free of rental ----------------------- charge, for the Tenant to Tenant's compliance with all Laws, Tenant and Tenant's contractors install certain communication equipment (which shall first be reasonably approved by equipment list is subject to Landlord) shall have 's review and written consent prior to installation, and is referred to as the right and access to install, repair, replace, remove, operate and maintain satellite dishes or other similar devices, such as antennae (collectively, "Communication Equipment") and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals), at location(s) on the roof of the Project designated by Tenant Tenant's sole cost and reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Projectexpense, and (2) Tenant takes no action that will invalidate any roof warranties. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's designated roofing contractor to make any necessary penetrations and associated repairs subject to the roof in order to preserve Landlord's roof warranty. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditionsrestrictions:
(i) All plans The location and specifications for means of securing the Communication Equipment must be approved by Landlord or its designated agent, which shall not be unreasonably withheld, delayed or qualified. Tenant shall be subject responsible for any damage to the Building roof or structure or any surrounding property resulting from the installation or operation of the Communication Equipment, including, but not limited to, damage resulting from wind, ice, or any other causes, but excluding damage resulting from the gross negligence or willful misconduct of Landlord's reasonable approval. The Communication Equipment shall not damage the Building, the structure or the system of communication devised by any other use authorized by Landlord or users at neighboring properties. If such damage or interference shall occur, Tenant shall correct same promptly.
(ii) All costs of installation, operation and maintenance of Tenant agrees to maintain the Communication Equipment in a proper and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's electrical system) shall be borne by Tenantsafe operating condition.
(iii) Tenant shall use the Communication Equipment so as not comply with all codes, rules, regulations and conditions of any applicable governmental agency and shall pay for all legal, engineering and other expenses incident thereto. Prior to cause any interference installation, Tenant shall provide Landlord with a copy of all required permits, licenses, or evidence of authority to other tenants in the Projectoperate from this location, and shall take appropriate actions to ensure that the installation will not to damage the Project adversely impact Landlord's warranties or interfere similar rights associated with the normal operation roof of the Project and shall use the Communication Equipment solely for its use in the PremisesBuilding.
(iv) Tenant shall (A) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use Installation of the Communication EquipmentEquipment shall be performed, at Tenant's sole cost and (B) pay for expense, in a responsible and workmanlike manner by personnel with all necessary repairs, replacements to skill and expertise through or maintenance under the supervision of Landlord.
(v) Tenant shall be responsible for any costs associated with furnishing electricity for the Communication Equipment.
(vvi) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment restore the roof and structure to its original condition (subject to ordinary wear and tear that is not caused by Tenant's activities) at the earlier of Tenant's cessation of use of the Communication Equipment or the expiration of the term of this Lease, or any renewal term thereof, at Tenant's sole cost and expense upon expense. The Communication Equipment shall, at all times, remain the expiration property of Tenant and Tenant shall have the right to remove it at any time, subject to the terms and conditions herein.
(vii) Tenant shall be responsible for implementing appropriate screening as reasonably required by Landlord.
(viii) Tenant agrees to indemnify, defend and hold Landlord harmless from any claim resulting from property damage or sooner termination personal injury arising in connection with the installation, maintenance, existence or removal of the Communication Equipment and shall carry insurance (or shall be self-insured as permitted under this Lease) to cover such liability and property damages. The foregoing indemnity shall expressly include any and all losses or damages suffered by Landlord under its existing contractual rights and warranties associated with the Building (including the warranty on the roof of the Building) as a direct or indirect result of the installation, and shall repair maintenance, existence or removal of the Project upon such removal to the extent required by such work of removalCommunication Equipment.
Appears in 1 contract
Communication Equipment. Subject to Tenant's compliance with all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's ’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain three (3) so-called “satellite dishes dish” or other similar devices, such as antennae no greater than thirty-six (collectively36) inches in diameter and weighing no more than fifty (50) pounds each, "Communication Equipment") and together with all cable, wiring, conduits and related equipmentequipment (collectively, “Communication Equipment”), for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project Building designated by Tenant Landlord and reasonably approved by Landlord; provided that (1) Tenant. There shall be no rental charge, license fee or similar charge to Tenant maintains all for the right to install and maintain such equipment in good condition Communication Equipment at the Building during the initial Lease Term or any extension thereof. Further, Tenant shall have the right of access, consistent with this Section 29.34, to the area where the Communication Equipment is located for the purposes of maintaining, repairing, testing and repair and in a manner that will not unreasonable interfere with other tenants' operations in replacing the Project, and (2) same. Landlord shall have the right to require Tenant takes no action that will invalidate to relocate the Communication Equipment at any time to another location on the roof warranties. If penetration of the roof cannot be avoidedBuilding. Unless Landlord elects to perform such penetrations at Tenant’s sole cost and expense, Tenant shall retain Landlord's ’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's ’s roof warranty. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) 29.34.1 Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all Applicable Laws and Landlord makes no representation that such Applicable Laws permit such installation and operation;
29.34.2 All plans and specifications for the Communication Equipment shall be subject to Landlord's ’s reasonable approval.;
(ii) 29.34.3 All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's Building’s electrical system) shall be borne by Tenant;
29.34.4 It is expressly understood that Tenant’s rights are superior to any later users of the roof area and subject to the foregoing, Landlord retains the right to use the roof of the Building for any purpose whatsoever (including granting rights to third parties to utilize any portion of the roof not utilized by Tenant); provided that at this time there are no other roof users and so long as Tenant leases the entire Building, no other users will be permitted without Tenant’s reasonable prior consent.
(iii) 29.34.5 Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the Project, and not to damage the Project or interfere with the normal operation of the Project and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims, costs, damages, expenses and liabilities (including attorneys’ fees) arising out of Tenant’s failure to comply with the provisions of this Section 29.34.5, except to the extent same is caused by the gross negligence or willful misconduct of Landlord which is not covered by the insurance carried by Tenant under this Lease (or which would not be covered by the insurance required to be carried by Tenant under this Lease);
29.34.6 For the purposes of determining Tenant’s obligations with respect to its use of the roof of the Building herein provided, all of the provisions of this Lease relating to compliance with requirements as to insurance, indemnity, and compliance with laws shall apply to the installation, use and maintenance of the Communication Equipment; provided, however, Tenant shall only be provided access to the roof after prior written notice to Landlord and subject to Landlord’s reasonable rules and restrictions regarding access (including, at Landlord’s option, the requirement that Tenant be accompanied by a representative of Landlord during such access). Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of any pre-existing installation or use in of similar equipment by others on the Premises.roof of adjacent buildings or projects) and Tenant agrees that Landlord shall not be liable to Tenant therefor;
(iv) 29.34.7 Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards required by all applicable governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.;
(v) 29.34.8 The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building upon the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense. The provisions of this Section 24.32.8 shall survive the expiration or earlier termination of this Lease;
29.34.9 The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 10 of this Lease;
29.34.10 Tenant, at Tenant’s sole cost and expense, shall install and maintain such fencing and other protective equipment and/or visual screening on or about the Communication Equipment as Landlord may reasonably determine;
29.34.11 If any of the conditions set forth in this Section 29.34 are not complied with by Tenant, then without limiting Landlord’s rights and remedies it may otherwise have under this Lease, at law and/or in equity, Tenant shall correct such noncompliance within five (5) business days after receipt of notice (or such longer period as may be reasonably required as long as Tenant commences such correction within such five (5) business day period and diligently prosecutes the same to completion). If Tenant fails to correct any such noncompliance within such five (5) day period (as may be extended), then, at Landlord’s option, Tenant shall immediately discontinue its use of such Communication Equipment and remove the same in accordance with the terms hereof; and
29.34.12 Tenant’s rights under this Section 29.34 with respect to the Communication Equipment shall be personal to the Original Tenant or any Permitted Transferee, and may only be utilized by the Original Tenant or such Permitted Transferee (and may not be exercised or utilized by any other assignee, sublessee or other transferee of the Original Tenant’s interest in this Lease or the Premises) if the Original Tenant occupies the entire Premises then leased by Original Tenant.
Appears in 1 contract
Communication Equipment. Subject If Tenant desires to use the roof of the Building to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant's compliance with . If at the time of Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Building for such equipment, then subject to all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's ’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called “satellite dishes dish” or other similar devicesdevice no greater than forty-eight (48) inches in diameter, such as antennae (collectively, "Communication Equipment") and together with all cable, wiring, conduits and related equipmentequipment (collectively, “Communication Equipment”), for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project Building designated by Landlord. Landlord shall have the right to require Tenant and to relocate the Communication Equipment at any time to another location on the roof of the Building reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warrantiesTenant. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's ’s designated roofing Warner Center III\Health Net\JS\December 22, 2003 contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's ’s roof warranty. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(ia) Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representation that such laws, rules and regulations permit such installation and operation.
(b) All plans and specifications for the Communication Equipment shall be subject to Landlord's ’s reasonable approval.
(iic) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's Building’s electrical system) shall be borne by Tenant.
(iiid) It is expressly understood that Landlord retains the right to use the roof of the Building for any purpose whatsoever provided that Landlord shall not unduly interfere with Tenant’s use of the Communication Equipment.
(e) Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the ProjectBuilding or to other tenants of the Project or with any other tenant’s Communication Equipment, and not to damage the Project Building or interfere with the normal operation of the Project and Building.
(f) Landlord shall use not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use in of similar equipment by others on the Premisesroof of the Building) and Xxxxxx agrees that Landlord shall not be liable to Tenant therefor.
(ivg) Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.
(vh) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within fifteen (15) days after the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense. The provisions of this Section 19.46(h) shall survive the expiration or earlier termination of this Lease.
(i) The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 6 of this Lease or the Exhibit C.
Appears in 1 contract
Samples: Office Lease (Health Net Inc)
Communication Equipment. Subject to Tenant's compliance with all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called "satellite dishes dish" or other similar devicesdevice, such as antennae (collectively, "Communication Equipment") no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project designated by Landlord. Landlord shall have the right to require Tenant and to relocate the Communication Equipment, at Landlord's expense, at any time to another location on the roof of the Project reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warrantiesTenant. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's roof warranty. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(ia) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representation that such laws, rules and regulations permit such installation and operation.
(b) All plans and specifications for the Communication Equipment shall be subject to Landlord's reasonable approval.
(iic) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's electrical system) shall be borne by Tenant.
(iiid) It is expressly understood that Landlord retains the right to use the roof of the Project for any purpose whatsoever provided that Landlord shall not unduly interfere with Tenant's use of the Communication Equipment.
(e) Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the ProjectProject or with any other tenant's Communication Equipment, and not to damage the Project or interfere with the normal operation of the Project and Project.
(f) Landlord shall use not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof of the Project) and Tenant agrees that Landlord shall not be liable to Tenant therefor. Tenant shall not lease or otherwise make the Communication Equipment available to any third party and the Communication Equipment shall be only for its Tenant's use in connection with the conduct of Tenant's business in the Premises.
(ivg) Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.
(vh) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Project within fifteen (15) days after the expiration or earlier termination of this Lease, Landlord may do so at Tenant's expense. The provisions of this Section 34(h) shall survive the expiration or earlier termination of this Lease.
(i) The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Articles 13 and 14 of this Lease.
(j) Tenant agrees to execute a license agreement with Landlord's rooftop management company regarding Tenant's installation, use and operation of the Communication Equipment, which license agreement should be in commercially reasonable form and shall incorporate the terms and conditions of this Article 34. Tenant acknowledges that such license agreement will require Tenant to pay a one-time initial oversight fee to the rooftop management company in connection with the installation of the Communication Equipment.
(k) Prior to Tenant's installation of the Communication Equipment, Tenant shall pay to Landlord or Landlord's rooftop management company, a one-time initial oversight fee in the amount of Five Hundred Dollars ($500.00). Furthermore, Tenant shall be responsible for the cost of any utilities provided to the Communication Equipment, which costs shall be billed to Tenant and payable by Tenant monthly, as Additional Rent.
Appears in 1 contract
Samples: Office Lease (Mitek Systems Inc)
Communication Equipment. Subject to Tenant's compliance with all Laws, Tenant and Tenant's contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain satellite dishes Satellite "dishes" or other similar devices, . such as antennae (collectively, "Communication Equipment") and together with all cable, wiring, conduits (other than those conduits that are part of the Base Improvements to be constructed by Landlord pursuant to the Work Letter attached hereto in Exhibit "B") and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, shall be referred to herein collectively as "COMMUNICATION EQUIPMENT". Subject to the terms and conditions contained in this Section 5, Tenant and Tenant's contractors (which shall first be reasonably approved by Landlord) shall have the right, at location(sTenant's sole cost and expense (and without any additional charges from Landlord), to install, repair, replace, remove, operate and maintain Communication Equipment on or around the Premises, the parking facilities designated for the Premises, the landscaped areas of the Premises, and the roof of the Premises, in each case at locations reasonably approved by Landlord. With respect to any installation(s) of Communication Equipment on the roof of the Project designated by Tenant and reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warranties. If penetration of the roof cannot be avoidedPremises, Tenant shall retain Landlord's designated roofing contractor or a roofing contractor reasonably approved by Landlord to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's roof warranty. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(ia) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations, and any applicable covenants, conditions and restrictions, and Landlord makes no representation that such laws, rules and regulations permit such installation and operation.
(b) All plans and specifications for the Communication Equipment shall be subject to Landlord's reasonable approval. If Landlord fails to respond to any written request for such approval from Tenant within ten (10) days after Landlord's receipt of such request, Tenant may deliver written notice to Landlord that Landlord has so failed to respond to such request for approval and if Landlord still fails to respond within ten (10) days after Landlord's receipt of such notice, Tenant's request shall be deemed approved. In no event shall Tenant's request be deemed approved without Landlord's actual approval if Tenant has failed to so notify Landlord in writing that Landlord has failed to respond to Tenant's initial request for approval.
(iic) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Premises' or Project's electrical system) shall be De borne by Tenant.
(iiid) Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the ProjectProject or with any other tenant's Communication Equipment, and not to damage the Project or Premises or interfere with the normal operation of the Project and Project.
(e) Landlord shall use not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others in the PremisesProject) and Tenant agrees that Landlord shall not be liable to Tenant therefor; provided, however, Landlord will not permit any other tenant of the Project to install any Communications Equipment which, at the time of such installation, Landlord reasonably believes will interfere with the use and operation of the Communication Equipment installed by Tenant.
(ivf) Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.
(vg) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense upon the expiration or sooner earlier termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Premises and Project upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Premises or portions thereof in which the Communication Equipment is located within thirty (30) days after the expiration or earlier termination of this Lease, Landlord may, following an additional five (5) days written notice to Tenant, do so at Tenant's expense. The provisions of this Section 5(g) shall survive the expiration or earlier termination of this Lease.
(h) The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Articles 17 and 20 of this Lease.
Appears in 1 contract
Communication Equipment. Subject If Tenant desires to use the roof of the Building to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant's compliance with . If at the time of Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Building for such equipment, then subject to all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's ’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called “satellite dishes dish” or other similar devicesdevice, such as antennae no greater than twenty (collectively20) inches in diameter and weighing no more than fifty (50) pounds, "Communication Equipment") and together with all cable, wiring, conduits and related equipmentequipment (collectively, “Communication Equipment”), for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project Building designated by Landlord. Further, Tenant shall have the right of access, consistent with this Section 24.33, to the area where the Communication Equipment is located for the purposes of maintaining, repairing, testing and reasonably approved by Landlord; provided that (1) replacing the same. Landlord shall have the right to require Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in to relocate the Project, and (2) Tenant takes no action that will invalidate Communication Equipment at any time to another location on the roof warranties. If penetration of the roof cannot be avoidedBuilding. Unless Landlord elects to perform such penetrations at Tenant’s sole cost and expense, Tenant shall retain Landlord's ’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's ’s roof warranty. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) 24.33.1 Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all applicable laws and Landlord makes no representation that such Laws permit such installation and operation;
24.33.2 All plans and specifications for the Communication Equipment shall be subject to Landlord's ’s reasonable approval.;
(ii) 24.33.3 All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's Building’s electrical system) shall be borne by Tenant.;
24.33.4 It is expressly understood that Landlord retains the right to use the roof of the Building for any purpose whatsoever (iii) including granting rights to third parties to utilize any portion of the roof not utilized by Tenant);
24.33.5 Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the ProjectBuilding or to other tenants at the Project or with any other tenant’s communication equipment, and not to damage the Project or interfere with the normal operation of the Project and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims, costs, damages, expenses and liabilities (including attorneys’ fees) arising out of Tenant’s failure to comply with the provisions of this Section 24.33.5, except to the extent same is caused by the gross negligence or willful misconduct of Landlord which is not covered by the insurance carried by Tenant under this Lease (or which would not be covered by the insurance required to be carried by Tenant under this Lease);
24.33.6 For the purposes of determining Tenant’s obligations with respect to its use of the roof of the Building herein provided, all of the provisions of this Lease relating to compliance with requirements as to insurance, indemnity, and compliance with laws shall apply to the installation, use and maintenance of the Communication Equipment; provided, however, Tenant shall only be provided access to the roof after prior written notice to Landlord and subject to Landlord’s reasonable rules and restrictions regarding access (including, at Landlord’s option, the requirement that Tenant be accompanied by a representative of Landlord during such access). Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use in of similar equipment by others on the Premises.roof of the Building) and Tenant agrees that Landlord shall not be liable to Tenant therefor;
(iv) 24.33.7 Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.;
(v) 24.33.8 The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal.. If Tenant fails to remove the Communication Equipment and repair the Building upon the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense. The provisions of this Section 24.33.8 shall survive the expiration or earlier termination of this Lease;
24.33.9 The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 10 of this Lease;
24.33.10 Tenant, at Tenant’s sole cost and expense, shall install and maintain such fencing and other protective equipment and/or visual screening on or about the Communication Equipment as Landlord may reasonably determine;
24.33.11 If any of the conditions set forth in this Section 24.33 are not complied with by Tenant, then without limiting Landlord’s rights and remedies it may otherwise have under this Lease, at law and/or in equity, Tenant shall correct such noncompliance within five (5) days after receipt of notice (or such longer period as may be reasonably required as long as Tenant commences such correction within such five (5) day period and diligently prosecutes the same to completion). If Tenant fails to correct any such noncompliance within such five (5) day period (as may be extended), then, at Landlord’s option, Tenant shall immediately discontinue its use of such Communication Equipment and remove the same in accordance with the terms hereof
Appears in 1 contract
Communication Equipment. Subject If Tenant desires to use the roof of the Project to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing ("Communication Equipment Notice"), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at the time of Landlord's compliance with receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Project for such equipment, then subject to all Lawsgovernmental laws, rules and regulations Tenant and Tenant's contractors (which shall first be reasonably approved by Landlord) Landlord shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called "satellite dishes dish" or other similar devicesdevice, such as antennae (collectively, "Communication Equipment") and no greater than one (1) meter in diameter, together with all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project designated by Landlord. Landlord shall have the right to require Tenant and to relocate the Communication Equipment at any time to another location on the roof of the Project reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warrantiesTenant. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's roof warranty. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(ia) Tenants right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representation that such laws, rules and regulations permit such installation and operation.
(b) All plans and specifications for the Communication Equipment shall be subject to Landlord's reasonable approval.
(iic) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's electrical system) shall be borne by Tenant.
(iiid) It is expressly understood that Landlord retains the right to use the roof of the Project for any purpose whatsoever provided that Landlord shall not unduly interfere with Tenant's use of the Communication Equipment.
(e) Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the ProjectProject or with any other tenant's Communication Equipment, and not to damage the Project or interfere with the normal operation of the Project and Project.
(f) Landlord shall use not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use in of similar equipment by others on the Premisesroof of the Project) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
(ivg) Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.
(vh) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Project within Fifteen (15) days after the expiration or earlier termination of this Lease, Landlord may do so at Tenants expense. The provisions of this Section 35(h) shall survive the expiration or earlier termination of this Lease.
(i) The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Articles 13 and 14 of this Lease.
(j) Commencing upon the date Tenant begins installation of the Communication Equipment and continuing until the date Tenant removes the Communication Equipment pursuant to Section 35(h) above, Tenant shall pay to Landlord, in consideration of Landlord providing space on the roof of the Project for the Communication Equipment, Two Hundred Fifty Dollars ($250.00) per month, which amount shall be deemed to constitute Additional Rent and shall be due and payable in advance on or before the first day of each month without notice from Landlord.
Appears in 1 contract
Samples: Standard Office Lease (Trinagy Inc)
Communication Equipment. Subject to Tenant's compliance with all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's contractors (which shall first be reasonably approved by Landlord) shall have the non-exclusive right and access to install, repair, replace, remove, operate and maintain so-called "satellite dishes dishes" or other similar devices, such as antennae no greater than thirty-six (collectively36) inches in diameter and weighing no more than fifty (50) pounds each, "Communication Equipment") and together with all cable, wiring, conduits and related equipmentequipment (collectively, "Communication Equipment"), for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, to the extent reasonably necessary to support Tenant's use of the Premises, at location(s) a location on the roof of the Project Building designated by Tenant Landlord and reasonably approved by Landlord; provided that (1) Tenant. There shall be no rental charge, license fee or similar charge to Tenant maintains all for the right to install and maintain such equipment in good condition Communication Equipment at the Building during the initial Lease Term or any extension thereof. Further, Tenant shall have the right of access, consistent with this Section 22.1, to the area where the Communication Equipment is located for the purposes of maintaining, repairing, testing and repair and in a manner that will not unreasonable interfere with other tenants' operations in replacing the Project, and (2) same. Landlord shall have the right to require Tenant takes no action that will invalidate to relocate the Communication Equipment at any time to another location on the roof warranties. If penetration of the roof cannot be avoidedBuilding, which location is reasonably acceptable to Tenant. Unless Landlord elects to perform such penetrations at Tenant's sole cost and expense, Tenant shall retain Landlord's designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's roof warranty. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) 22.1.1 Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all Applicable Laws and Landlord makes no representation that such Applicable Laws permit such installation and operation;
22.1.2 All plans and specifications for the Communication Equipment shall be subject to Landlord's reasonable approval.;
(ii) 22.1.3 All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the ProjectBuilding's electrical system) shall be borne by Tenant;
22.1.4 It is expressly understood that Tenant's rights are superior to any later users of the roof area and subject to the foregoing, Landlord retains the right to use the roof of the Building for any purpose whatsoever (including granting rights to third parties to utilize any portion of the roof not utilized by Tenant); provided, however, Landlord shall provide Tenant written notice of any such third-party use of the roof of the Building and Landlord shall reasonably cooperate with Tenant to ensure any such use does not materially interfere with Tenant's use of the Communication Equipment.
(iii) 22.1.5 Tenant shall use the Communication Equipment so as not to cause any interference to other pre-existing tenants in at the ProjectProject or with any other such tenant's communication equipment, and not to damage the Project or interfere with the normal operation of the Project and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims, costs, damages, expenses and liabilities (including attorneys' fees) arising out of Tenant's failure to comply with the provisions of this Section 22.1.5, except to the extent same is caused by the gross negligence or willful misconduct of Landlord which is not covered by the insurance carried by Tenant under this Lease (or which would not be covered by the insurance required to be carried by Tenant under this Lease);
22.1.6 For the purposes of determining Tenant's obligations with respect to its use of the roof of the Building herein provided, all of the provisions of this Lease relating to compliance with requirements as to insurance, indemnity, and compliance with laws shall apply to the installation, use and maintenance of the Communication Equipment; provided, however, Tenant shall only be provided access to the roof after prior written notice to Landlord and subject to Landlord's reasonable rules and restrictions regarding access (including, at Landlord's option, the requirement that Tenant be accompanied by a representative of Landlord during such access). Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its use in the Premises.will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor;
(iv) 22.1.7 Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards required by all applicable governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment., except to the extent such repairs, replacements to or maintenance of the Communication Equipment is necessitated as a result of the gross negligence or willful misconduct of Landlord or Landlord Parties;
(v) 22.1.8 The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building upon the expiration or earlier termination of this Lease, Landlord may do so at Tenant's expense. The provisions of this Section 24.32.8 shall survive the expiration or earlier termination of this Lease;
22.1.9 The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 10 of this Lease;
22.1.10 Tenant, at Tenant's sole cost and expense, shall install and maintain such fencing and other protective equipment and/or visual screening on or about the Communication Equipment as Landlord may reasonably determine;
22.1.11 If any of the conditions set forth in this Section 22.1 are not complied with by Tenant, then without limiting Landlord's rights and remedies it may otherwise have under this Lease, at law and/or in equity, Tenant shall correct such noncompliance within five (5) business days after receipt of notice (or such longer period as may be reasonably required as long as Tenant commences such correction within such five (5) business day period and diligently prosecutes the same to completion). If Tenant fails to correct any such noncompliance within such five (5) day period (as may be extended), then, at Landlord's option, Tenant shall immediately discontinue its use of such Communication Equipment and remove the same in accordance with the terms hereof; and
22.1.12 Tenant's rights under this Section 22.1 with respect to the Communication Equipment shall be personal to the Original Tenant or any Permitted Transferee, and may only be utilized by the Original Tenant or such Permitted Transferee (and may not be exercised or utilized by any other assignee, sublessee or other transferee of the Original Tenant's interest in this Lease or the Premises) if the Original Tenant occupies the entire Premises then leased by Original Tenant.
Appears in 1 contract
Communication Equipment. If Tenant desires to use the roof of the Project to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. Subject to Tenant's compliance with all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's ’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain two (2) so-called “satellite dishes or other similar devices, such as antennae dishes” (collectively, "“Communication Equipment"”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project designated by Landlord. Tenant shall have no obligation to pay Basic Rental or Direct Costs for Tenant’s use of the roof for the Communication Equipment, and the square footage of the areas for such use shall not be included in the calculation of Tenant’s Proportionate Share. Landlord shall have the right to require Tenant to relocate the Communication Equipment at any time, but not more than once during the Lease Term to another location on the roof of the Project reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warrantiesTenant. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's ’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's ’s roof warranty. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(ia) Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representation that such laws, rules and regulations permit such installation and operation.
(b) All plans and specifications for the Communication Equipment shall be subject to Landlord's ’s reasonable approval, which shall not unreasonably be withheld, conditioned or delayed.
(iic) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's ’s electrical system) shall be borne by Tenant.
(iiid) It is expressly understood that Landlord retains the right to use the roof of the Project for any purpose whatsoever provided that Landlord shall not unduly interfere with Tenant’s use of the Communication Equipment.
(e) Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the ProjectProject or with any other tenant’s Communication Equipment, and not to damage the Project or interfere with the normal operation of the Project and Project.
(f) Landlord shall use not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof of the Project) and Tenant agrees that Landlord shall not be liable to Tenant therefor. Tenant shall not lease or otherwise make the Communication Equipment available to any third party and the Communication Equipment shall be only for its Tenant’s use in connection with the conduct of Tenant’s business in the Premises.
(ivg) Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.
(vh) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Project within fifteen (15) days after the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense. The provisions of this Article 33 shall survive the expiration or earlier termination of this Lease.
(i) The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Section 13(a) of this Lease.
(j) Upon Landlord’s request, Tenant agrees to execute a license agreement with Landlord’s rooftop management company regarding Tenant’s installation, use and operation of the Communication Equipment, which license agreement (if any) should be in commercially reasonable form and shall incorporate, and not conflict with, the terms and conditions of this Article 33.
Appears in 1 contract
Communication Equipment. Subject to Tenant's compliance with all Lawsapplicable governmental laws, rules and regulations, Tenant and Tenant's ’s contractors (which shall first be reasonably approved by Landlord, such approval not to be unreasonably delayed, conditioned or withheld) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) “satellite dishes dish” or other similar devicesdevice, such as antennae an antenna (collectively, "“Communication Equipment"”) and no greater than one (1) meter in diameter, together with all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, together with the right to connect such equipment to the Premises, all at location(s) a location on the Building roof of the Project designated by Landlord. Landlord, at Tenant’s sole cost and expense, shall have the right to require Tenant and reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in to relocate the Project, and (2) Tenant takes no action that will invalidate Communication Equipment at any roof warrantiestime to another location on the Building roof. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's ’s designated roofing contractor to make any necessary penetrations and associated repairs to the any roof (if applicable) in order to preserve Landlord's ’s roof warranty. The route provided by Landlord to any such roof shall be the least expensive functional route available given the characteristics of the location of such Communication Equipment as reasonably determined by Landlord. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) 35.1. Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all applicable governmental laws, rules and regulations and Landlord makes no representation that such laws, rules and regulations permit such installation and operation.
35.2. All plans and specifications for the Communication Equipment shall be subject to Landlord's ’s reasonable approval, such approval not to be unreasonably delayed, conditioned or withheld.
(ii) 35.3. All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's Building’s electrical system) shall be borne by Tenant.
(iii) 35.4. It is expressly understood that Landlord retains the right to use the roofs and any other portions of the Project on which such Communication Equipment is located for any purpose whatsoever which does not unreasonably interfere with the Tenant’s use thereof.
35.5. Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the Projector with any other tenant’s Communication Equipment, and not to damage the Project Building or interfere with the normal operation of the Project and shall use Building.
35.6. Landlord makes no representation that the Communication Equipment solely for its will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use in of similar equipment by others on the Premisesroof of the Building) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
(iv) 35.7. Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.
(v) 35.8. The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole cost and expense upon the expiration or sooner termination of this Leasethe Term or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within fifteen (15) days after the expiration or earlier termination of the Lease, Landlord may do so at Tenant’s expense. The provisions of this Section 35.8 shall survive the expiration or earlier termination of this Lease.
35.9. The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Sections 17, 20 and 22 of this Lease.
35.10. Tenant shall not be required to pay any fee to Landlord for the use of the roof of the Building for the Communication Equipment.
35.11. Tenant’s right to install the Communication Equipment is personal to the Original Tenant and any Affiliate Assignee and may not be utilized by any other person or entity.
Appears in 1 contract
Communication Equipment. Subject If Tenant desires to use the roof of the Building to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing ("COMMUNICATION EQUIPMENT NOTICE"), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at the time of Landlord's compliance with receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Building for such equipment, then subject to all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called "satellite dishes dish" or other similar devicesdevice, such as antennae (collectively, "Communication EquipmentCOMMUNICATION EQUIPMENT") and no greater than one (1) meter in diameter, together with all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project Building designated by Landlord. Landlord shall have the right to require Tenant and to relocate the Communication Equipment at any time to another location on the roof of the Building reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warrantiesTenant. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's roof warranty. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(ia) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representation that such laws, rules and regulations permit such installation and operation.
(b) All plans and specifications for the Communication Equipment shall be subject to Landlord's reasonable approval.
(iic) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the ProjectBuilding's electrical system) shall be borne by Tenant.
(iii) Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the Project, and not to damage the Project or interfere with the normal operation of the Project and shall use the Communication Equipment solely for its use in the Premises.
(iv) Tenant shall (A) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment, and (B) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.
(v) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense upon the expiration or sooner termination of this Lease, and shall repair the Project upon such removal to the extent required by such work of removal.
Appears in 1 contract
Communication Equipment. Subject If Tenant desires to use the roof of the Project to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant's compliance with . Upon Landlord’s receipt of the Communication Equipment Notice, and subject to all Applicable Laws, Tenant and Tenant's ’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called “satellite dishes dish” or other similar devicesdevice, such as antennae (collectively, "“Communication Equipment"”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project designated by Landlord. Landlord shall have the right to require Tenant and to relocate the Communication Equipment at any time to another location on the roof of the Project reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warrantiesTenant. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's ’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's ’s roof warranty. Tenant's ’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(i) 29.35.1 Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all Applicable Laws and covenants, conditions and restrictions and Landlord makes no representation that such covenants, conditions and restrictions and Applicable Laws permit such installation and operation.
29.35.2 All plans and specifications for the Communication Equipment shall be subject to Landlord's ’s reasonable approval.
(ii) 29.35.3 All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Project's ’s electrical system) shall be borne by Tenant.
(iii) 29.35.4 It is expressly understood that Landlord retains the right to use the roof of the Project for any purpose whatsoever provided that Landlord shall not unduly interfere with Tenant’s use of the Communication Equipment.
29.35.5 Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the ProjectProject or with any other tenant’s Communication Equipment, and not to damage the Project or interfere with the normal operation of the Project and Project.
29.35.6 Landlord shall use not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof of the Project) and Tenant agrees that Landlord shall not be liable to Tenant therefor. Tenant shall not lease or otherwise make the Communication Equipment available to any third party and the Communication Equipment shall be only for its Tenant’s use in connection with the conduct of Tenant’s business in the Premises.
(iv) 29.35.7 Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.
(v) 29.35.8 The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Project within fifteen (15) days after the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense. The provisions of this Section 29.35.8 shall survive the expiration or earlier termination of this Lease.
29.35.9 The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 10 of this Lease.
29.35.10 Upon request from Landlord, Tenant agrees to execute a license agreement with Landlord or Landlord’s rooftop management company regarding Tenant’s installation, use and operation of the Communication Equipment, which license agreement shall be in commercially reasonable form and shall incorporate the terms and conditions of this Section 29. Tenant acknowledges that such license agreement will require Tenant to pay a one-time initial oversight fee to Landlord or the rooftop management company in connection with the installation of the Communication Equipment.
Appears in 1 contract
Communication Equipment. Subject If Tenant desires to use the roof of the Building to install communication equipment to be used from the Premises in connection with Tenant's compliance with business at the Premises only, Tenant may so notify Landlord in writing ("COMMUNICATION EQUIPMENT NOTICE"), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at the time of Landlord's receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Building for such equipment, then subject to all Lawsgovernmental laws, rules and regulations, Tenant and Tenant's contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called "satellite dishes dish" or other similar devicesdevice, such as antennae no greater than one (collectively1) meter in diameter, "Communication Equipment") and together with all cable, wiring, conduits and related equipmentequipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at location(s) a location on the roof of the Project Building designated by Landlord. Landlord shall have the right to require Tenant and to relocate the Communication Equipment at any time to another location on the roof of the Building reasonably approved by Landlord; provided that (1) Tenant maintains all such equipment in good condition and repair and in a manner that will not unreasonable interfere with other tenants' operations in the Project, and (2) Tenant takes no action that will invalidate any roof warrantiesTenant. If penetration of the roof cannot be avoided, Tenant shall retain Landlord's designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord's roof warranty. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
(ia) Tenant's right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to all governmental laws, rules and regulations and Landlord makes no representation that such laws, rules and regulations permit such installation and operation.
(b) All plans and specifications for the Communication Equipment shall be subject to Landlord's reasonable approval.. [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. 38
(iic) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the ProjectBuilding's electrical system) shall be borne by Tenant.
(iiid) It is expressly understood that Landlord retains the right to use the roof of the Building for any purpose whatsoever provided that Landlord shall not unduly interfere with Tenant's use of the Communication Equipment.
(e) Tenant shall use the Communication Equipment so as not to cause any interference to other tenants in the ProjectBuilding or to other tenants of the Building or with any other tenant's Communication Equipment, and not to damage the Project Building or interfere with the normal operation of the Project and Building.
(f) Landlord shall use not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment solely for its will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use in of similar equipment by others on the Premisesroof of the Building) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
(ivg) Tenant shall (Ai) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication EquipmentEquipment and comply with all precautions and safeguards recommended by all governmental authorities, and (Biii) pay for all necessary repairs, replacements to or maintenance of the Communication Equipment.
(vh) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense upon the expiration or sooner termination of this LeaseLease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within fifteen (15) days after the expiration or earlier termination of this Lease, Landlord may do so at Tenant's expense. The provisions of this Section 21.15 shall survive the expiration or earlier termination of this Lease.
(i) The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Section 9 of this Lease.
Appears in 1 contract
Samples: Office Lease (Allos Therapeutics)
