Communication Equipment. Throughout the Extended Term, Tenant may continue to maintain any communication equipment currently installed on the roof of the Building at no charge throughout the Extended Term of the Lease. If Tenant desires to use the roof of the Building to install additional communication equipment to be used from the Premises, Tenant may negotiate with Landlord’s rooftop management company (currently Cypress Communications) for a license to install such equipment. Any communication equipment installed by Tenant shall not exceed three (3) feet in height or diameter, shall be at a location reasonably designated by Landlord and shall be subject to all governmental laws, rules and regulations and covenants, conditions and restrictions. At such time as Tenant negotiates for the license to install additional communication equipment, Tenant shall provide Landlord and Landlord’s rooftop management company with any plans and specifications related to such equipment and the installation thereof. Tenant’s communication equipment license will be memorialized pursuant to a separate license agreement between Tenant and Landlord or such management company. Tenant’s rights to add equipment pursuant to this Section 12 are contingent upon availability of space on the roof of the Building and the negotiation of a mutually acceptable license agreement. There shall be no charge to Tenant for any such additional rooftop communication equipment. Notwithstanding anything to the contrary contained herein, the communication equipment permitted by this Section 12 (including the existing equipment) is equipment for Tenant’s own use (e.g. DirectTV and vsats communicating with home offices) and uses which are incidental to, but an integral part of, Tenant’s business operations, and is not intended to allow Tenant to install communication equipment which would result in Tenant making a profit from such communication equipment, except to the extent such profit is due to operations which are incidental to, and an integral part of, Tenant’s business operations. In the event Tenant wishes to install communication equipment outside the scope of the immediately preceding sentence, such as Wireless ISP installations, such use would be subject to Landlord’s approval and Tenant’s negotiation of a separate license agreement directly with the Corporate Communications Director of Landlord and would be subject to the parties’ negotiation of a mutually acceptable license agreement for such use.
Appears in 1 contract
Samples: Lease (Digital Insight Corp)
Communication Equipment. Throughout Subject to any other rights of other tenants of the Extended TermBuilding pursuant to leases executed prior to the date hereof, Tenant may continue shall also have the right without charge to maintain any communication install and use and operate satellite and/or antennae and communications equipment currently installed necessary or reasonably desirable to Tenant on the roof of the Building at no charge throughout in an area not greater than thirty-six (36) square feet (collectively, the Extended Term of "Equipment"), including the Lease. If Tenant desires right to use interconnect the roof of the Building to install additional communication Equipment with Tenant's other equipment to be used from located in the Premises, Tenant may negotiate with Landlord’s rooftop management company (currently Cypress Communications) for in a license to install such equipment. Any communication equipment installed by Tenant shall not exceed three (3) feet in height or diameter, shall be at a mutually agreeable location reasonably designated by Landlord and shall be subject to all governmental laws, rules and regulations and covenants, conditions and restrictions. At such time as Tenant negotiates for the license to install additional communication equipment, Tenant shall provide Landlord and Landlord’s rooftop management company with any plans and specifications related to such equipment and the installation thereof. Tenant’s communication equipment license will be memorialized pursuant to a separate license agreement between Tenant and Landlord or such management company. Tenant’s rights to add equipment pursuant to this Section 12 are contingent upon availability of space on the roof of the Building and as shown on Exhibit J which installation may penetrate the negotiation roof membrane provided Tenant complies with the terms of a mutually acceptable license agreementLandlord's roof warranty, if any. There Tenant shall be no charge to Tenant solely responsible for any such additional rooftop communication equipment. Notwithstanding anything to the contrary contained hereincosts of installation, the communication equipment permitted by this Section 12 (including the existing equipment) is equipment for Tenant’s own use (e.g. DirectTV and vsats communicating with home offices) and uses which are incidental to, but an integral part of, Tenant’s business operationsoperation, and is not intended maintenance of the Equipment. Tenant will install and operate the Equipment in accordance with all federal, state and local regulations. If Tenant decides to allow install a microwave satellite dish and/or antennae, Landlord hereby permits Tenant to install communication equipment which would result in wires, conduits and appurtenant facilities upon the Premises or Common Facilities, at Tenant's sole cost and expense. In addition, Tenant making a profit from such communication equipmentshall be responsible for obtaining any consents, except permits and licenses required to install and operate the extent such profit is due to operations which are incidental toEquipment, and an integral part ofLandlord agrees to cooperate with Tenant to accomplish the same. Notwithstanding the foregoing and subject to Tenant's prior approval (not to be unreasonably withheld, Tenant’s business operations. In conditioned or delayed), Landlord shall also be permitted to place Equipment on the event Tenant wishes to install communication equipment outside the scope roof of the immediately preceding sentenceBuilding for its use and for the use of others, provided such as Wireless ISP installationsEquipment does not interfere with that of the Tenant. SECTION 29(b) HEREOF SETS FORTH A WARRANT OR AUTHORITY FOR AS ATTORNEY TO CONFESS JUDGMENT AGAINST TENANT. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST TENANT, such use would be subject to Landlord’s approval and Tenant’s negotiation of a separate license agreement directly with the Corporate Communications Director of Landlord and would be subject to the parties’ negotiation of a mutually acceptable license agreement for such useTENANT HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND (ON THE ADVICE OF THE SEPARATE COUNSEL OF TENANT, IF TENANT HAS USED COUNSEL IN REGARD TO ENTERING INTO THIS LEASE) UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TENANT HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA.
Appears in 1 contract
Samples: Office Space Lease (Cardionet Inc)
Communication Equipment. Throughout the Extended TermStrictly in accordance with all applicable Laws, Tenant and Tenant’s contractors (who must first be reasonably approved by Landlord) may continue have access to install, repair, replace, remove, operate and maintain satellite dishes or other similar devices, such as antennae or similar devices, together with all cable, wiring, conduits and related equipment (collectively, “Communication Equipment”), for the non-commercial (i.e., non-revenue generating) purpose of receiving and sending radio, television, other communication signals to and from the Premises in connection with Tenant’s use of the Premises, at a location designated by Landlord on the roof of the Building(s) in which the Premises are located. Tenant shall ensure that any communication Communication Equipment installed by Tenant does not unreasonably interfere with any other equipment currently installed on the roof of any Building. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs to the Building at no charge throughout roof in order to preserve Landlord’s roof warranty. All plans and specifications for the Extended Term Communication Equipment are subject to Landlord’s prior written approval (which shall not be unreasonably withheld, conditioned or delayed) and all costs of installation, operation and maintenance of the LeaseCommunication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the applicable Building’s electrical system) must be borne by Tenant. If Tenant desires Landlord retains the right to use the roof of each Building for any purpose whatsoever provided that Landlord does not unduly interfere with Tenant’s use of the Communication Equipment. Tenant shall use the Communication Equipment so as not to cause any interference or danger to other tenants in the Project or with any other tenant’s or licensee’s communication equipment installed on the roof, and not to damage any Building or interfere with the normal operation of any Building. Landlord will have no obligations with respect to the Communication Equipment. Tenant shall remove the Communication Equipment and related equipment at Tenant’s sole cost and expense before the expiration or sooner termination of this Lease or upon the imposition of any Law requiring removal, and shall repair the Building(s) upon such removal to the extent required by such work of removal. The Communication Equipment constitutes a portion of the Premises for purposes of the Articles in this Lease entitled “Insurance” and “Indemnity and Liabilities of Landlord and Tenant” and “Hazardous Substances.” Tenant may, at no additional charge, use its Building Share of the existing risers of each Building to install its Communications Equipment; provided that Landlord makes no representation regarding the capacity of such risers. If additional communication equipment to be used from the Premisescapacity is needed, Tenant may negotiate with Landlord’s rooftop management company (currently Cypress Communications) for a license to install such equipment. Any communication equipment installed by Tenant shall not exceed three (3) feet in height or diameter, shall be at a location reasonably designated by Landlord and shall be subject to all governmental laws, rules and regulations and covenants, conditions and restrictions. At such time as Tenant negotiates for the license to install additional communication equipment, Tenant shall provide Landlord and Landlord’s rooftop management company with any plans and specifications related to such equipment and the installation thereof. Tenant’s communication equipment license will be memorialized pursuant to a separate license agreement between Tenant and Landlord or such management company. Tenant’s rights to add equipment pursuant to this Section 12 are contingent upon availability of space on the roof of the Building and the negotiation of a mutually acceptable license agreement. There shall be no charge to Tenant for any such additional rooftop communication equipment. Notwithstanding anything to the contrary contained hereincapacity, the communication equipment permitted by this Section 12 (including the existing equipment) is equipment for Tenant’s own use (e.g. DirectTV and vsats communicating with home offices) and uses which are incidental to, but an integral part of, Tenant’s business operations, and is not intended to allow Tenant to install communication equipment which would result in Tenant making a profit from such communication equipment, except to the extent such profit is due to operations which are incidental to, and an integral part of, Tenant’s business operations. In the event Tenant wishes to install communication equipment outside the scope of the immediately preceding sentence, such as Wireless ISP installations, such use would be 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. 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. At Landlord’s option (to be exercised only if reasonable), Tenant shall (i) pay the cost of a study of each applicable Building rooftop to ensure that Tenant’s negotiation Communications Facilities will not cause the rooftop to be in violation of any RF emissions requirements, which study shall be performed by a separate license agreement directly 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. Tenant, as the Corporate Communications Director tenant of Landlord multiple Buildings in the Project, may in accordance with Article 12 and would be subject such other restrictions reasonably prescribed by Landlord, trench between the Buildings in the Common Area and install, maintain, replace, remove or use communications or computer wires and cables (collectively, the “Lines”) at the Project in or serving the Premises, provided that (i) Tenant shall use an experienced and qualified contractor in making any such Alterations to the parties’ negotiation Common Areas, (ii) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Project, as determined in Landlord’s reasonable opinion, (iii) the Lines (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a mutually protective conduit reasonably acceptable license agreement for such use.to Landlord, (iv) any new or existing Lines servicing the Premises shall comply with all applicable governmental laws and regulations, and (v) Tenant shall pay all costs in connection therewith. Furthermore, Tenant shall have the exclusive right to use the existing cable date main point of entry located in Lxxx 1-B.
Appears in 1 contract
Samples: Lease Agreement (Nuvasive Inc)
Communication Equipment. Throughout the Extended TermSubject to all governmental laws, rules and regulations, Tenant may continue 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 any one (1) so-called "satellite dish" or other similar device, such as antennae (collectively, "Communication Equipment") no greater than eighteen (18) inches 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 equipment currently installed signals, at a location on the roof of the Building Project designated by Landlord. Landlord shall have the right to require Tenant to relocate the Communication Equipment at no charge throughout the Extended Term of the Lease. If Tenant desires any time to use another location on the roof of the Building to install additional communication equipment to be used from the Premises, Tenant may negotiate with Landlord’s rooftop management company (currently Cypress Communications) for a license to install such equipmentProject reasonably approved by Tenant. Any communication equipment installed by Tenant shall not exceed three (3) feet retain Landlord's roofing contractor to make any necessary penetrations and associated repairs to the roof in height or diameter, order to preserve Landlord's roof warranty. Tenant's installation and operation of the Communication Equipment shall be at a location reasonably designated governed by Landlord the following terms and conditions:
(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 covenantsLandlord makes no representation that such laws, conditions rules and restrictions. At regulations permit such time as Tenant negotiates for the license to install additional communication equipment, Tenant shall provide Landlord installation and Landlord’s rooftop management company with any operation.
(b) All plans and specifications for the Communication Equipment shall be subject to Landlord's reasonable approval.
(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 such equipment the Project's electrical system) shall be borne by Tenant.
(d) 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 Project or with any other tenant's Communication Equipment, and not to damage the Project or interfere with the normal operation of 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 thereof. Tenant’s communication or use of similar equipment license will be memorialized pursuant to a separate license agreement between Tenant and Landlord or such management company. Tenant’s rights to add equipment pursuant to this Section 12 are contingent upon availability of space by others on the roof of the Building Project) and the negotiation of a mutually acceptable license agreement. There Tenant agrees that Landlord shall not be no charge liable to Tenant therefor.
(g) Tenant shall (i) be solely responsible for any such additional rooftop communication equipment. Notwithstanding anything 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 contrary contained hereininstallation, maintenance or use of the communication equipment permitted Communication Equipment and comply with all precautions and safeguards recommended by this Section 12 (including the existing equipment) is equipment for Tenant’s own use (e.g. DirectTV and vsats communicating with home offices) and uses which are incidental to, but an integral part of, Tenant’s business operationsall governmental authorities, and is not intended (iii) pay for all necessary repairs, replacements to allow or maintenance of the Communication Equipment.
(h) The Communication Equipment shall remain the sole property of Tenant. Tenant to install communication shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which would result in Tenant making a profit from may require removal, and shall repair the Project upon such communication equipment, except removal to the extent required by such profit is due work of removal. If Tenant fails to operations which are incidental toremove the Communication Equipment and repair the Project within fifteen (15) business days after the expiration or earlier termination of this Lease, and an integral part of, Landlord may do so at Tenant’s business operations's expense. In The provisions of this Section 35(h) shall survive the event Tenant wishes expiration or earlier termination of this Lease.
(i) The Communication Equipment shall be deemed to install communication equipment outside the scope constitute a portion of the immediately preceding sentence, such as Wireless ISP installations, such use would be subject to Landlord’s approval Premises for purposes of Articles 13 and Tenant’s negotiation 14 of a separate license agreement directly with the Corporate Communications Director of Landlord and would be subject to the parties’ negotiation of a mutually acceptable license agreement for such usethis Lease.
Appears in 1 contract
Samples: Standard Office Lease (Sound Source Interactive Inc /De/)
Communication Equipment. Throughout the Extended TermStrictly in accordance with all Applicable Regulations, Tenant and Tenant's contractors (who must first be reasonably approved by Landlord) may continue have access to install, repair, replace, remove, operate and maintain any satellite dishes or other similar devices, such as antennae or similar devices, together with all cable, wiring, conduits and related equipment (collectively, "Communication Equipment"), for the non-commercial (i.e., non-revenue generating) purpose of receiving and sending radio, television and other communication equipment currently installed signals to and from the Premises in connection with Tenant's use of the Premises, at a location reasonably approved by Landlord on the roof of the Building at no charge throughout Building. Tenant shall ensure that any Communication Equipment installed by Tenant does not unreasonably interfere with any other equipment installed on the Extended Term roof. 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. All plans and specifications for the Communication Equipment are subject to Landlord's prior written approval (which shall not be unreasonably withheld, conditioned or delayed) and all costs of installation, operation and maintenance of the LeaseCommunication Equipment and any necessary related equipment (including costs of obtaining any necessary permits and connections to the applicable Building's electrical system) must be borne by Tenant. If Tenant desires Landlord retains the right to use the roof of the Building for any purpose whatsoever, except signage, provided that Landlord does not unduly interfere with Tenant's use of the Communication Equipment. Landlord will have no obligations with respect to the Communication Equipment. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense before the expiration or sooner termination of this Lease or upon the imposition of any Applicable Regulation requiring removal, and shall repair any damage to the Building arising from such removal. Tenant may, at no additional charge, use the existing risers of the Building to install its Communications Equipment; provided that Landlord makes no representation regarding the capacity of such risers. If additional communication equipment to be used from the Premisescapacity is needed, Tenant may negotiate with Landlord’s rooftop management company (currently Cypress Communications) for a license to install provide such equipment. Any communication equipment installed by Tenant shall not exceed three (3) feet in height or diameteradditional capacity, shall be at a location reasonably designated by Landlord and shall be subject to all governmental lawsLandlord's prior written approval of the methods and manner of providing such additional capacity, which consent may be withheld in Landlord's reasonable discretion. Tenant represents and warrants that the operation of the Communications Equipment will not cause the Building rooftop to violate the maximum permissible exposure rules and regulations and covenants, conditions and restrictionsestablished by OSHA. At such time as Tenant negotiates for the license Landlord's option (to install additional communication equipmentbe exercised only if reasonable), Tenant shall provide Landlord (i) pay the cost of a study of the rooftop to ensure that Tenant's Communications Facilities 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. Before expiration of the Term, Tenant shall remove all of its cabling and Communications Equipment, whether installed as part of the TI Work or otherwise and whether not approved by Landlord’s rooftop management company with any plans , and specifications related shall return the Building to such equipment and the condition it would have been in without the installation thereof. Tenant’s communication equipment license will be memorialized pursuant to a separate license agreement between Tenant and Landlord or such management company. Tenant’s rights to add equipment pursuant to this Section 12 are contingent upon availability of space on the roof addition of the Building and the negotiation of a mutually acceptable license agreement. There shall be no charge to Tenant for any such additional rooftop communication equipment. Notwithstanding anything to the contrary contained herein, the communication equipment permitted by this Section 12 (including the existing equipment) is equipment for Tenant’s own use (e.g. DirectTV and vsats communicating with home offices) and uses which are incidental to, but an integral part of, Tenant’s business operations, and is not intended to allow Tenant to install communication equipment which would result in Tenant making a profit from such communication equipment, except to the extent such profit is due to operations which are incidental to, and an integral part of, Tenant’s business operations. In the event Tenant wishes to install communication equipment outside the scope of the immediately preceding sentence, such as Wireless ISP installations, such use would be subject to Landlord’s approval and Tenant’s negotiation of a separate license agreement directly with the Corporate Communications Director of Landlord and would be subject to the parties’ negotiation of a mutually acceptable license agreement for such useEquipment or cabling.
Appears in 1 contract
Samples: Lease Agreement (8x8 Inc /De/)
Communication Equipment. Throughout The following shall be applicable with respect to any satellite dish Tenant wishes to install:
(a) Subject to the Extended Termfollowing provisions, Tenant may continue shall have the right, at Tenant’s sole cost and expense, to install, maintain any and operate one (1) satellite dish (or other communication equipment currently installed with a similar use) and related equipment (collectively, the “Dish”) at a location on the roof of the Building at no charge throughout the Extended Term of the Leasemutually agreeable to Landlord and Tenant. If Tenant desires to use the roof of the Building to install additional communication equipment to be used from the Premises, Tenant may negotiate with Landlord’s rooftop management company (currently Cypress Communications) for a license to install such equipment. Any communication equipment installed by Tenant The Dish shall not exceed three (3) feet such size as is customarily permitted to be installed on the rooftops of comparable similar buildings by similarly-sized tenants in height or diameterthe metropolitan Atlanta commercial real estate market, shall be at a location reasonably designated by Landlord adequately screened from view and shall not be subject visible from ground level. Landlord shall have the right to review and approve any Dish and all governmental laws, rules and regulations and covenants, conditions and restrictions. At such time as Tenant negotiates for the license plans relating thereto prior to install additional communication equipment, Tenant shall provide Landlord and Landlord’s rooftop management company with any plans and specifications related to such equipment and the installation thereof. Tenant’s communication equipment license will be memorialized pursuant to a separate license agreement between Tenant and Landlord or installation of such management companyDish. Tenant’s rights hereunder shall be expressly conditioned upon the compliance with all standard procedures then required by Landlord, with respect to add equipment pursuant such satellite dish. Notwithstanding any provisions to this Section 12 are contingent upon availability the contrary herein, Tenant may not place any other or additional Dish on the Building prior to Tenant’s removal of space the existing three-meter dish located on the Building.
(b) Prior to Tenant locating the Dish on the roof of the Building Building, Tenant must first provide reasonable verification to Landlord that the weight of the Dish and its location on the negotiation roof will not damage or harm the roof or other parts of a mutually acceptable license agreementthe Building. There shall be no charge to Upon reasonable approval by Landlord of the Dish, Landlord will permit Tenant for any such additional rooftop communication equipment. Notwithstanding anything reasonable access to the contrary contained hereinroof of the Building, as needed, to install, maintain and/or remove the communication equipment permitted by this Section 12 (including Dish. Tenant will also have the existing equipment) is equipment for Tenant’s own use (e.g. DirectTV and vsats communicating with home offices) and uses which are incidental to, but an integral part of, Tenant’s business operations, and is not intended to allow Tenant right to install communication equipment which would result conduit and cabling in Tenant making a profit from such communication equipment, except the Building risers as necessary to connect the Dish to the extent such profit is due to operations which are incidental toPremises, and an integral part of, Tenant’s business operations. In the event Tenant wishes to install communication equipment outside the scope of the immediately preceding sentence, such as Wireless ISP installations, such use would be subject to Landlord’s approval reasonable approval, and to the removal by Tenant of any existing cabling of Tenant in such risers reasonably necessary to accommodate such new conduit and/or cabling. Tenant will exercise reasonable efforts to minimize any disruption of activity otherwise occurring in and about the Building and the Project in connection with Tenant’s negotiation installation, maintenance and removal of a separate license agreement directly the Dish.
(c) Landlord may request that Tenant relocate the Dish if Landlord is required to do so by applicable laws. Tenant will cooperate with Landlord to identify an alternate location which will comply with such laws. All expenses incurred in relocating the Dish pursuant to this subparagraph (c) shall be born by Tenant.
(d) Tenant will insure that the Dish and each part of it will be installed in accordance with all local and building and other laws. Tenant will promptly remove and hereby agrees to indemnify, defend and hold Landlord harmless in connection with any mechanics’ liens upon the Project or the Building which result from work associated with the Corporate Communications Director installation, maintenance or removal of the Dish. Tenant will obtain all FCC and all other licenses or approvals required to install and operate the Dish and shall operate the Dish in a manner that will not interfere with the quiet enjoyment or business operations of other tenants in the Building (including such other tenants’ existing communications equipment on the roof of the Building).
(e) Tenant shall indemnify and hold Landlord harmless from and would be subject against any and all claims, costs, demands, damages, and liabilities arising from Tenant’s installation, removal, use or maintenance of the Dish, except if resulting from Landlord’s negligence or willful misconduct. Such indemnity shall include damage to property (including the roof of the Building) and injury or death to persons.
(f) Tenant, at Tenant’s sole cost and expense, shall remove the Dish upon the expiration or termination of this Lease and shall repair all damage to the parties’ negotiation Building or the Project as a result of a mutually acceptable license agreement for such useTenant’s installation, maintenance, use or removal of the Dish, thereby restoring the Building or the Project to its condition prior to the installation of the Dish, normal wear and tear excepted.
Appears in 1 contract
Communication Equipment. Throughout the Extended TermStrictly in accordance with all Applicable Regulations, Tenant and Tenant's contractors (who must first be reasonably approved by Landlord) may continue have access to install, repair, replace, remove, operate and maintain any satellite dishes or other similar devices, such as antennae or similar devices, together with all cable, wiring, conduits and related equipment (collectively, "Communication Equipment"), for the non- commercial (i.e., non-revenue generating) purpose of receiving and sending radio, television and other communication equipment currently installed signals to and from the Premises in connection with Tenant's use of the Premises, at a location reasonably approved by Landlord on the roof of the Building at no charge throughout Building. Tenant shall ensure that any Communication Equipment installed by Tenant does not unreasonably interfere with any other equipment installed on the Extended Term roof. 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. All plans and specifications for the Communication Equipment are subject to Landlord's prior written approval (which shall not be unreasonably withheld, conditioned or delayed) and all costs of installation, operation and maintenance of the LeaseCommunication Equipment and any necessary related equipment (including costs of obtaining any necessary permits and connections to the applicable Building's electrical system) must be borne by Tenant. If Tenant desires Landlord retains the right to use the roof of the Building for any purpose whatsoever, except signage, provided that Landlord does not unduly interfere with Tenant's use of the Communication Equipment. Landlord will have no obligations with respect to the Communication Equipment. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense before the expiration or sooner termination of this Lease or upon the imposition of any Applicable Regulation requiring removal, and shall repair any damage to the Building arising from such removal. Tenant may, at no additional charge, use the existing risers of the Building to install its Communications Equipment; provided that Landlord makes no representation regarding the capacity of such risers. If additional communication equipment to be used from the Premisescapacity is needed, Tenant may negotiate with 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. 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. At Landlord’s rooftop management company option (currently Cypress Communications) for a license to install such equipment. Any communication equipment installed by Tenant shall not exceed three (3) feet in height or diameter, shall be at a location reasonably designated by Landlord and shall be subject to all governmental laws, rules and regulations and covenants, conditions and restrictions. At such time as Tenant negotiates for the license to install additional communication equipmentexercised only if reasonable), Tenant shall provide Landlord (i) pay the cost of a study of the rooftop to ensure that Tenant's Communications Facilities 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. Before expiration of the Term, Tenant shall remove all of its cabling and Communications Equipment, whether installed as part of the TI Work or otherwise and whether not approved by Landlord’s rooftop management company with any plans , and specifications related shall return the Building to such equipment and the condition it would have been in without the installation thereof. Tenant’s communication equipment license will be memorialized pursuant to a separate license agreement between Tenant and Landlord or such management company. Tenant’s rights to add equipment pursuant to this Section 12 are contingent upon availability of space on the roof addition of the Building and the negotiation of a mutually acceptable license agreement. There shall be no charge to Tenant for any such additional rooftop communication equipment. Notwithstanding anything to the contrary contained herein, the communication equipment permitted by this Section 12 (including the existing equipment) is equipment for Tenant’s own use (e.g. DirectTV and vsats communicating with home offices) and uses which are incidental to, but an integral part of, Tenant’s business operations, and is not intended to allow Tenant to install communication equipment which would result in Tenant making a profit from such communication equipment, except to the extent such profit is due to operations which are incidental to, and an integral part of, Tenant’s business operations. In the event Tenant wishes to install communication equipment outside the scope of the immediately preceding sentence, such as Wireless ISP installations, such use would be subject to Landlord’s approval and Tenant’s negotiation of a separate license agreement directly with the Corporate Communications Director of Landlord and would be subject to the parties’ negotiation of a mutually acceptable license agreement for such useEquipment or cabling.
Appears in 1 contract
Samples: Lease Agreement
Communication Equipment. Throughout the Extended TermSubject to all Laws and CC&R's, Tenant may continue 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 any so-called "satellite dish(es)" or other similar device(s), such as antennae (collectively, "COMMUNICATION EQUIPMENT"), together with all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, data or other communication equipment currently installed signals, at a location(s) on the roof of the Building at no charge throughout Building(s) mutually agreeable to Landlord and Tenant, in good faith. Tenant shall retain Landlord's designated roofing contractor to make any necessary penetrations and associated repairs to the Extended Term roof in order to preserve Landlord's roof warranty; provided, however, that if such penetrations and associated repairs to the roof cannot be made in such a manner so as to preserve Landlord's roof warranty, then notwithstanding Article 7 of this Lease, any costs Landlord incurs in connection with maintenance and repair of the Leaseroof that would otherwise have been covered by the roof warranty but for Tenant's installation, repair, replacement, removal, operation or maintenance of the Communication Equipment, shall be included in Operating Expenses. Landlord shall not charge Tenant any rental for Tenant's use of the Communication Equipment. Tenant's right to use and operate the Communication Equipment may not be assigned or otherwise transferred to any third party except in connection with an assignment of Tenant's interest in this Lease or a sublease of all or a portion of the Premises, where such assignment or sublease has been reasonably approved by Landlord pursuant to Article 14 above and where such assignee's or subtenant's use of the Communication Equipment is ancillary to its normal business office use of the applicable portion of the Premises. Tenant shall not be entitled to license its Communication Equipment to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Communication Equipment by an unrelated third party. 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, except for any damage caused by Landlord Parties.
(iii) Tenant shall use the Communication Equipment so as not to cause any interference to other occupants in the Project or interfere with the normal operation of the Project.
(iv) Landlord makes no representation that the Communication Equipment 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.
(v) Tenant shall (a) be solely responsible for any damage caused as a result of the Communication Equipment, except for any damage caused by Landlord Parties, (b) promptly pay any tax, license or permit fees charged pursuant to any Laws in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (c) repair, replace and maintain the Communication Equipment in good condition.
(vi) 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 or upon the imposition of any Law which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant desires 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 22(vi) shall survive the expiration or earlier termination of this Lease.
(vii) The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Article 10 of this Lease.
(viii) Landlord reserves the concurrent right to use the roof for its own use and for third-party use for installation of satellite dish and antenna devices similar to the Building to install additional communication equipment to be used from Communications Equipment (collectively, the Premises"LANDLORD CE"), Tenant may negotiate with Landlord’s rooftop management company (currently Cypress Communications) for a license to install provided such equipment. Any communication equipment installed by Tenant Landlord CE shall not exceed three (3) feet in height or diameter, shall be at a location reasonably designated by Landlord and shall be subject to all governmental laws, rules and regulations and covenants, conditions and restrictions. At such time as Tenant negotiates for the license to install additional communication equipment, Tenant shall provide Landlord and Landlord’s rooftop management company interfere with any plans and specifications related to such equipment and the installation thereof. Tenant’s communication equipment license will be memorialized pursuant to a separate license agreement between Tenant and Landlord or such management company. Tenant’s rights to add equipment pursuant to this Section 12 are contingent upon availability of space 's operations on the roof of the Building, and provided Landlord maintains, restores and repairs the Building and rooftop space associated with such Landlord CE. To the negotiation of a mutually acceptable license agreement. There extent Landlord elects to install Landlord CE on the Building rooftop, Landlord shall be no charge to Tenant responsible for the maintenance, repair and restoration of such Landlord CE. Landlord shall be responsible for (and shall make all necessary repairs and replacements for) any such additional rooftop communication equipment. Notwithstanding anything damage to the contrary contained herein, the communication equipment permitted by this Section 12 (including the existing equipment) is equipment for Tenant’s own use (e.g. DirectTV and vsats communicating with home offices) and uses which are incidental to, but an integral part of, Tenant’s business operations, and is not intended to allow Tenant to install communication equipment which would result in Tenant making a profit from such communication equipment, except Communications Equipment due to the extent such profit is actions or omissions of Landlord or Landlord Parties (or any third party to whom Landlord has granted roof access rights). Tenant shall be responsible for (and shall make all necessary repairs and replacements for) any damage to the Landlord CE due to operations which are incidental to, and an integral part of, the negligence or willful misconduct of Tenant’s business operations. In the event Tenant wishes to install communication equipment outside the scope of the immediately preceding sentence, such as Wireless ISP installations, such use would be subject to Landlord’s approval and Tenant’s negotiation of a separate license agreement directly with the Corporate Communications Director of Landlord and would be subject to the parties’ negotiation of a mutually acceptable license agreement for such use.
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