Common use of Communications and Computer Lines Clause in Contracts

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building in or serving the Premises, provided: (a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required by Landlord, (b) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and (c) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines which are installed in violation of these provisions. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 2 contracts

Samples: Acceptance Letter     Office Lease (Treaty Oak Bancorp Inc), Acceptance Letter     Office Lease (Treaty Oak Bancorp Inc)

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Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wireswires and cables (collectively, cables and related devices (collectively the "Lines") at the Building Project in or serving the Premises, provided: provided that (ai) Tenant shall obtain Landlord's ’s prior written consent, which consent may shall not be unreasonably withheld, conditioned as required or delayed, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Articles 7 and 8 of this Lease, (bii) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiationProject, as determined in Landlord’s reasonable opinion, (iii) the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (civ) any new or existing Lines servicing the Premises shall comply with all applicable governmental laws and regulations, (v) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises and repair any damage in connection with such removal, (vi) Tenant shall remove all Lines installed by or on behalf of Tenant, and repair any damage in connection with such removal, upon the expiration or earlier termination of this Lease (and if Tenant fails to complete such removal and/or to repair any damage caused by the removal of such Lines, Landlord may do so and Tenant shall reimburse Landlord for the cost thereof, as an obligation which shall expressly survive termination of this Lease), and (vii) Tenant shall pay all costs in connection therewith, including any fees charged by Landlord for Tenant’s use of the Building’s telecommunications capacity in excess of Tenant’s pro rata share thereof. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions. Landlord may (but shall not have the obligation to): (i) install new Lines , or which are at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained any time in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use violation of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping laws or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, represent a dangerous or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problemspotentially dangerous condition.

Appears in 2 contracts

Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wireswires and cables (collectively, cables and related devices (collectively the "Lines") at the Building Project in or serving the Premises, provided: provided that (ai) Tenant shall obtain Landlord's ’s prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Articles 7 and 8 of this Lease, (bii) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiationProject, as determined in Landlord’s reasonable opinion, (iii) the Lines therefor (including riser cables) shall be (x) appropriately insulated to prevent such excessive electromagnetic fields or radiation, and (cy) surrounded by a protective conduit reasonably acceptable to Landlord, (iv) any new or existing Lines servicing the Premises shall comply with all applicable governmental laws and regulations, (v) as a condition to permitting the installation of new Lines, Tenant shall remove existing Lines located in or serving the Premises and repair any damage in connection with such removal, and (vi) Tenant shall pay all costs in connection therewith. Upon the expiration of the Lease Term, or immediately following any earlier termination of this Lease, Tenant shall, at Tenant’s sole cost and expense, remove all Lines installed by Tenant, and repair any damage caused by such removal. In the event that Tenant fails to complete such removal and/or fails to repair any damage caused by the removal of any Lines, Landlord may do so and may charge the cost thereof to Tenant. In addition, Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions. Landlord may , or which are at any time (but shall not have the obligation to): (i1) install new Lines at the Propertyare in violation of any Applicable Laws, (ii2) create additional space for Lines at are inconsistent with then-existing industry standards (such as the Property and standards promulgated by the National Fire Protection Association (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IXe.g., Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirementsorganization’s “2002 National Electrical Code”)), or (z3) any shortages, failures, variations, interruptions, disconnections, loss otherwise represent a dangerous or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problemspotentially dangerous condition.

Appears in 2 contracts

Samples: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)

Communications and Computer Lines. 26.01 Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may, in a manner consistent with the provisions and requirements of this Lease, may not install, maintain, replace, remove or use any communications Telecom Cable outside the Premises, and in connection with any installation, maintenance, replacement, removal or computer wires, cables and related devices (collectively the "Lines") at the Building use of Telecom Cable located in or serving the Premises, provided: Premises (a) Tenant shall obtain Landlord's ’s prior written consentconsent (which shall not be unreasonably withheld, conditioned or delayed), use an experienced and qualified contractor approved in writing by Landlord (which consent may approval shall not be unreasonably withheld, conditioned as required by Landlordor delayed), and comply with all of the provisions contained in Article 6 of this Lease, (b) if Tenant at any time uses any equipment such Telecom Cable includes use of available wire pairs or other media that may create are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an electromagnetic field exceeding acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiationBuilding, as determined by Landlord in Landlord’s reasonable discretion, (c) the Lines therefor Telecom Cable (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (cd) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removal, and (0 Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines Telecom Cable located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition. Landlord may (but shall not have Upon the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any expiration or all Lines installed by or for Tenant within or serving the Premises upon sooner termination of this Lease. Tenant the Term, Tenant, at its sole cost and expense, shall not, without the prior written consent of Landlord in each instance, grant to remove (and repair any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines removal) all Telecom Cable installed by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 2 contracts

Samples: Lease (LendingClub Corp), Lease (LendingClub Corp)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wireswires and cables (collectively, cables and related devices (collectively the "Lines") at the Building Project in or serving the Premises, provided: provided that (a) Tenant shall obtain Landlord's ’s prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this Lease, (b) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiationProject, as determined in Landlord’s reasonable opinion, (c) the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (cd) any new or existing Lines servicing the Premises shall comply with all Governmental Requirements, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises and repair any damage in connection with such removal, and (f) Tenant shall pay all costs in connection therewithwith the foregoing. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Governmental Requirements or represent a dangerous or potentially dangerous condition. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IXIn addition, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon expiration or sooner termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such expiration or sooner termination. Tenant shall notAny Lines not required to be removed pursuant to this Section shall, without at Landlord’s option, become the prior written consent property of Landlord in each instance(without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, grant to or violates any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts other provision of Landlord or Landlord's agents or employeesthis Section, Landlord shall have no liability for damages arising frommay, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following after ten (collectively called "Line Problems"): (x10) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines days’ written notice to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rentremove such Lines or remedy such other violation, or relieve Tenant from performance of at Tenant's obligations ’s expense (without limiting Landlord’s other remedies available under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption Lease or other consequential damage arising from any Line ProblemsGovernmental Requirements).

Appears in 2 contracts

Samples: Lease (Nextg Networks Inc), Tenant Improvement Agreement (PortalPlayer, Inc.)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: (a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that the Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic reallocation of available space (if any) for, and the allocation of excess capacity (if any) on, any -------- --------- Tenant Landlord Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Linesperiod of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article IX13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-wire tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirementsrequirement, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Office Lease (Unison Software Inc)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any may install communications or computer wires, cables and related electronic signal transmission devices (collectively the "Lines") at the Building in or serving the Premises, provided: (a) provided such installation complies with the provisions of Article 9 of this Lease and such Lines do not interfere with the use of any then-existing Lines at the Project. Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required by Landlord, (b) if Tenant at contract with the Building Communications Provider for any time uses Lines it requires in the Building risers. The Lines for any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) radiation shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and (c) . Tenant’s rights under this Article 25 shall be subject to the rights of any regulated telephone company. Tenant shall pay all costs in connection therewithwith Tenant’s Lines. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Requirements or represent a dangerous or potentially dangerous condition. Landlord or the Building Communications Provider may (but shall not have the obligation to): (i) install new Lines at the PropertyProject, (ii) create additional space for and reasonably allocate any Lines installed at the Property Project by Landlord or the Communications Provider. Landlord or the Communications Provider may charge Tenant for the costs attributable to lines installed for Tenant, or Landlord may include those costs and all other costs in Operating Expenses (iiiincluding without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Leaseextent not an Excluded Expense. Tenant shall not, without the prior written consent of Landlord in each instance, not grant to any third party a security interest or lien in or to on the Lines, Lines without the prior written consent of Landlord in each instance and any such security interest or lien granted without Landlord's ’s written consent shall be null and void. Except to the extent arising from the intentional its gross negligence or negligent acts of willful misconduct a Landlord or Landlord's agents or employeesParty, Landlord shall have no liability for damages not be liable of Losses arising from, and Landlord does not warrant that the Tenant's ’s use of any Lines will be free from, from the following (collectively called "Line Problems"): line problems: (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's ’s requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the PropertyProject, by any failure of the environmental conditions or the power supply for the Project to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems such line problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's ’s obligations under this Lease. The Building will contain a multi-carrier in-Building distributed antenna system (“DAS”) for the benefit of all tenants. Tenant is responsible for maintaining the integrity of the DAS in the Premises. The system includes antennas installed below, through, and/or above the ceiling, connected by coaxial cable, splitters, and other components which are housed in blue-colored conduit (except in areas with open-ceiling designs) and junction boxes. Prior to commencement of any Tenant Improvements or demolition Tenant shall submit proposed floor plans to the operator of the DAS for radio frequency (RF) engineering review. Tenant is responsible for any changes, additions, or repairs needed to maintain the integrity of the DAS as a result of the demolition or Tenant Improvements. Only the operator of the DAS is authorized to relocate, add to, remove, or otherwise modify any portion of the DAS. This paragraph applies to any Tenant Improvements. Tenant shall not contract with another person for the provision of enhanced cellular service within the Premises or the Project. Xxxxxxxx has contracted with ExteNet Systems, Inc. (the “Building Communications Provider” to be the exclusive provider of the communications backbone and DAS for the Project. The Building Communications Provider will install fiber and other cables from the from the communications points of entry into the Building to a “meet me room” and from the meet me room to the communications closets on each floor of the Building and other telecommunications equipment to permit communications providers to provide telecommunications services to the tenants of the Building. Tenant shall not be permitted to install its own fiber and other telecommunications cables in the Building outside the Premises except for connection to the telecommunications closet on the floor containing the Premises. Tenant shall contract with the Building Communications Provider for its telecommunications requirements. Landlord in no event shall be liable for damages by reason may change the identity of loss of profits, business interruption or other consequential damage arising the Building Communications Provider from any Line Problemstime to time.

Appears in 1 contract

Samples: Office Lease (Sezzle Inc.)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wireswires and cables (collectively, cables and related devices (collectively the "Lines") at the Building Project in or serving the Premises, provided: provided that (a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this Lease, (b) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiationProject, as determined in Landlord's reasonable opinion, (c) the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (cd) any new or existing Lines servicing the Premises shall comply with all Governmental Requirements, and (e) Tenant shall pay all costs in connection therewithwith the foregoing. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Governmental Requirements or represent a dangerous or potentially dangerous condition. Landlord may (but Tenant shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon expiration or sooner termination of this Lease. If Tenant shall notfails to remove such Lines as required by Landlord, without the prior written consent or violates any other provision of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employeesthis Section, Landlord shall have no liability for damages arising frommay, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following after ten (collectively called "Line Problems"): (x10) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines days' written notice to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rentremove such Lines or remedy such other violation, or relieve Tenant from performance of at Tenant's obligations ’s expense (without limiting Landlord’s other remedies available under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption Lease or other consequential damage arising from any Line ProblemsGovernmental Requirements).

Appears in 1 contract

Samples: Lease (Trimble Navigation LTD /Ca/)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: (a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 7, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, and (cf) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) business days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, Property (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or 20 22 otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 24 (including without limitation, costs for acquiring, and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect finance charges) over the period of time prescribed by Article 24. Tenant hereby reserves the right to remove any or all Lines installed by or for Tenant within or serving the LinesPremises upon termination of this Lease. Notwithstanding anything anything, to the contrary contained in Article IX12, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Tenant shall nothave a reasonable period of time to complete such removal. Any Lines not required to be removed pursuant to this Article shall, without at Landlord's option, become the prior written consent property of Landlord in each instance(without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, grant or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to any third party a security interest Tenant, remove such Lines or lien in or to the Linesremedy such other violation, and any such security interest or lien granted at Tenant's expense (without limiting Landlord's written consent shall be null and voidother remedies available under this Lease or applicable Law). Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized partiesparties other than by Landlord, its agents or employees, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. Landlord shall be responsible for repairing all Line Problems caused by Landlord, its agents, employees, invitees or contractors, and Landlord shall use its best efforts to cause any third party causing such Line Problems to promptly repair such Line Problems.

Appears in 1 contract

Samples: Lease Agreement (Infocure Corp)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, wires and cables and related devices (collectively the "Lines") at the Building in or serving the PremisesPremises (collectively, provided: the “Lines”), provided that (ai) Tenant shall obtain Landlord's ’s prior written consent, which consent may not to be unreasonably withheld, conditioned as required or delayed, use an experienced and qualified contractor approved in writing by Landlord, not to be unreasonably withheld, conditioned or delayed, and comply with all of the other provisions of Articles 7 and 8 of this Lease, (bii) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiationProject, as determined in Landlord’s reasonable opinion, (iii) the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, shall be surrounded by a protective conduit reasonably acceptable to Landlord, and shall be identified in accordance with the “Identification Requirements,” as that term is set forth hereinbelow, (iv) any new or existing Lines servicing the Premises shall comply with all applicable governmental laws and regulations, (v) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises and repair any damage in connection with such removal, and (cvi) Tenant shall pay all costs in connection therewith. All Lines shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Lines with wire) to show Tenant’s name, suite number, telephone number and the name of the person to contact in the case of an emergency (A) outside the Premises (specifically including, but not limited to, the electrical room risers and other Common Areas), and (B) at the Lines’ termination point(s) (collectively, the “Identification Requirements”). Unless otherwise instructed by Landlord reserves (by notice to Tenant), Tenant shall, at Tenant’s sole cost and expense, prior to the right to require that Tenant expiration or earlier termination of this Lease, remove any Lines which are installed located in violation of these provisions. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to (and repair any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problemsresulting damage).

Appears in 1 contract

Samples: Office Lease (Arthrocare Corp)

Communications and Computer Lines. 26.01 27.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building in or serving the Premises, ; provided: (a) Tenant shall obtain Landlord's prior written consent, which consent may reasonably be conditioned as required by Landlord, (b) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and (c) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines which are installed in violation of these provisions. Landlord may (but shall not have the obligation to): (i) install new Lines at the Propertyproperty, and (ii) create additional space for Lines at the Property property, and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, . Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Propertyproperty. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.. -41-

Appears in 1 contract

Samples: Letter Agreement (Apertus Technologies Inc)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Project in or serving the Premises, provided: (ai) Tenant shall obtain Landlord's ’s prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8 above; (bii) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Project; (iii) 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; (iv) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, ; (v) Tenant’s rights shall be subject to the rights of any regulated telephone company; and (cvi) Tenant shall pay all costs in connection therewith. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the Project. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (iA) install new Lines at the Property, Project; (iiB) create additional space for Lines at the Property Project; and (iiiC) adopt reasonable reasonably direct, monitor and/or supervise the installation, maintenance, replacement and uniform rules removal of, the allocation and regulations with respect periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Project by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 4 above (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (including interest on the unamortized cost) over the period of time prescribed by Article 4 above. Notwithstanding anything to the contrary contained in Article IX15 above, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to such termination. Any Lines not required to be removed pursuant to this Article 28 shall, at Landlord’s option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article 28, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease or applicable Laws). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's ’s written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's ’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's ’s use of any Lines will be free from, from the following (collectively called "Line Problems"): (x1) any eavesdropping or wire-tapping by unauthorized parties, (y2) any failure of any Lines to satisfy Tenant's ’s requirements, or (z3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the PropertyProject, by any failure of the environmental conditions or the power supply for the Project to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's ’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. The provisions of this Article 28 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (NovaBay Pharmaceuticals, Inc.)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires, cables cable and related devices (collectively the "Lines") at the Building in or serving the PremisesPromises, provided: (aA) Tenant shall obtain Landlord's prior written consent, which consent may be reasonably conditioned as required by Landlord, (bB) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the th normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and (cC) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines which are installed in violation of these provisions. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, and (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (xa) any eavesdropping or wire-tapping by unauthorized parties, (yb) any failure of any Lines to satisfy Tenant's requirements, or (zc) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Office Lease (Chemconnect Inc)

Communications and Computer Lines. 26.01 Tenant mayAs used herein, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any “Lines” means all communications or computer wires, wires and cables and related devices (collectively the "Lines") at the Building in or serving the Premises, provided: (a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required by Landlord, (b) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and (c) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines which are installed in violation of these provisions. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines Premises installed by or for on behalf of Tenant within or serving after the Premises upon termination mutual execution and delivery of this Lease. All Lines shall be (a) installed in accordance with Section 6 and (b) clearly marked with adhesive plastic labels (or plastic tags attached to such Lines with wire) to show Tenant’s name, suite number, and the purpose of such Lines (i) every 6 feet outside the Premises (including the electrical room risers and any Common Areas), and (ii) at their termination points. Sufficient spare cables and space for additional cables shall be maintained for other occupants, as reasonably determined by Landlord. Unless otherwise notified by Landlord at least 60 days before the expiration or earlier termination hereof (provided, however, that if this Lease is terminated by Landlord based upon a Default, then such notification may be given at any time not later than ten (10) business days after the notice of termination), Tenant, at its expense and not later than the expiration or earlier termination hereof, shall remove all Lines and repair any resulting damage; provided, however, that Tenant shall notnot be required to remove the Lines in connection with a termination of this Lease that occurs by reason of a Casualty or a Taking. Without limiting Section 2.2, and subject to the Rules and Regulations and Sections 6.2, 6.3 and this 22, Tenant, without charge by Landlord of any access or entry fee to Tenant or its telecom provider, may use, in common with other occupants of the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to the LinesBuilding, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or and removal of Lines, such raceways and risers located in the Common Areas of the Building as Landlord reasonably designates for the placement of Lines linking the Premises to any point of entry to the Building that is used, with Landlord’s prior reasonable consent, by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable telecommunications provider retained by Tenant to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problemsprovide telecommunications to the Premises.

Appears in 1 contract

Samples: Office Lease (Magnite, Inc.)

Communications and Computer Lines. 26.01 Subject to Tenant’s rights in Section 1.1, Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Real Property in or serving the Premises, provided: (ai) Tenant shall obtain Landlord's ’s prior written consentconsent for the installation of the same, which consent may be conditioned as required use an experienced and qualified contractor reasonably approved in writing by Landlord, and comply with all of the other provisions of Article 8 above; (bii) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Real Property; (iii) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Real Property, as determined in Landlord’s reasonable opinion; (iv) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, ; (v) Tenant’s rights shall be subject to the rights of any regulated telephone company; and (cvi) Tenant shall pay all costs in connection therewiththerewith as to its Lines. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the Real Property. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. At Landlord’s sole cost and expense, and in no event shall Tenant’s Lines be reduced, Landlord may (but shall not have the obligation to): (iA) install new Lines at the Real Property, ; (iiB) create additional space for Lines at the Property Real Property; and (iiiC) adopt reasonable reasonably direct, monitor and/or supervise the installation, maintenance, replacement and uniform rules removal of, the allocation and regulations with respect to periodic re-allocation of available space (if any) for, and the Lines. Notwithstanding anything to allocation of excess capacity (if any) on, any Lines now or hereafter installed at the contrary contained in Article IXReal Property by Landlord, Tenant or any other party (but Landlord reserves the shall have no right to require monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. Tenant shall have no obligation to remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease unless Tenant exercises its right to terminate the Lease under Rider No. 5, to reduce the size of the Premises under Rider No. 4 attached hereto, or if Landlord terminates the Lease due to a Tenant Event of Default, in which case Tenant shall, at Tenant’s sole cost and expense, remove such Lines upon the expiration or earlier termination of the Lease. Any Lines not required to be removed pursuant to this Article 28 shall, at Landlord’s option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required in accordance with the immediately preceding sentence, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease or applicable Laws). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's ’s written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's ’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's ’s use of any Lines will be free from, from the following (collectively called "Line Problems"): (x1) any eavesdropping or wire-tapping by unauthorized parties, (y2) any failure of any Lines to satisfy Tenant's ’s requirements, or (z3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Real Property, by any failure of the environmental conditions or the power supply for the Real Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's ’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. The provisions of this Article 28 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building in or serving the Premises, provided: (a) Tenant shall obtain Landlord's ’s prior written consent, which consent may be conditioned as required by Landlord, (b) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and (c) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines which are installed in violation of these provisions. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's ’s written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's ’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's ’s use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's ’s requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's ’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Office Lease (Treaty Oak Bancorp Inc)

Communications and Computer Lines. 26.01 Notwithstanding anything contained herein to the contrary, Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: (a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required and use an experienced and qualified contractor approved by Landlord, such approval not to be unreasonably withheld, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IXreasonably direct, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by monitor and/or supervise the installation, maintenance, replacementreplacement and removal of, use the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or removal of Lines by or for other tenants or occupants hereafter installed at the PropertyProperty by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Under no circumstances Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any Line Problems be deemed an actual or constructive eviction of such rights, Landlord may charge Tenant for the costs attributable to Tenant, render Landlord liable or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to Tenant accommodate new Lines and spare Lines, any associated computerized system and software for abatement maintaining records of RentLine connections, or relieve Tenant from performance and the fees of Tenant's obligations under this Lease. Landlord any consulting engineers and other experts); provided, any capital expenditures included in no event Operating Expenses hereunder shall be liable for damages amortized (together with reasonable finance charges) over the period of time prescribed by reason of loss of profits, business interruption or other consequential damage arising from any Line ProblemsArticle 25.

Appears in 1 contract

Samples: Office Lease (Bluestar Communications Group Inc)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: (a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re- allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Linesperiod of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article IX13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Office Lease (Interactive Flight Technologies Inc)

Communications and Computer Lines. 26.01 A. Tenant mayshall not alter, modify, add to or disturb any telecommunications wiring or cabling not exclusively located within the Premise or elsewhere in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building in or serving the Premises, provided: (a) Tenant shall obtain without Landlord's prior written consent. Landlord shall provide and maintain, which at no expense to Tenant (other than as an item of Direct Expenses), telephone riser space in the Building core adequate to accommodate the telecommunications needs of a general office tenant and lines and conduit in Building risers or pathways that provide a continuous connection of intrabuilding telecommunications? cabling from a distribution frame located in an access controlled area on the floor of the Premises (the "IDF") to the main telecommunications demarcation point located in the ground or basement level floors of the Building (the "MPOE"); provided, however, Landlord shall have no obligation (and Tenant shall have no right) to increase the capacity of the existing telecommunications riser and distribution facilities and/or cabling in the Building. By its acceptance of possession of the Premises, Tenant shall be deemed to have agreed that the existing number and type of lines serving the Premises is adequate for Tenant's occupancy. The number and type of lines presently allocated to Tenant at the IDF shall not be increased or added to without the prior written consent may of Landlord. Any and all telecommunications equipment and cabling serving Tenant and the Premises and connecting to or from the IDF shall be conditioned as required located solely in the Premises, and Tenant shall only be permitted to access the IDF, with the prior written consent of Landlord and for purposes of confirming interconnection with the Building's riser facilities. Only Landlord and/or Landlord's approved installers are authorized to install and/or connect additional telecom lines (including, voice, data, video, cable and other) from the MPOE and/or the IDF to the Premises, and such work shall be at Tenant's expense. Tenant shall maintain and repair all telecommunications cabling and wiring within or exclusively serving the Premises. Tenant shall be liable to Landlord for any damage to the telecommunications cabling and wiring in the Building due to the act (negligent or otherwise) of Tenant or any employee, agent or contractor of Tenant. Tenant hereby waives any claim against Landlord for any damages if Tenant's telecommunications services and/or equipment are in any way interrupted, damaged or otherwise interfered with, except to the extent caused by the gross negligence or willful or criminal misconduct of Landlord, (b) if its agents or employees; provided that in no event shall any such interruption, damage or interference entitle Tenant at to any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor consequential damages (including riser cablesdamages for loss of business) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and (c) relieve Tenant shall pay all costs in connection therewithof any of its obligations under this Lease. Landlord reserves the right to require that Tenant remove any Lines which are installed in violation limit the number of these provisions. Landlord may local exchange carriers and competitive alternative telecommunications providers (but shall not have the obligation to): (icollectively "TSPs") install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect having access to the Lines. Notwithstanding anything to the contrary contained in Article IXBuilding's riser system and infrastructure, and Landlord reserves the right to require that Tenant remove any or all Lines installed by or charge TSPs for Tenant within or serving the Premises upon termination use of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null telecommunications riser system and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employeesinfrastructure; provided, however, in all cases, Landlord shall have no liability will provide Building and riser access to at least one TSP for damages arising from, and Landlord does not warrant that Tenant's use dial tone telecommunications service to tenants of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line ProblemsBuilding.

Appears in 1 contract

Samples: Shell Building Office Lease (Bf Enterprises Inc)

Communications and Computer Lines. 26.01 Subject to Tenant’s rights in Section 1.1, Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Real Property in or serving the Premises, provided: (ai) Tenant shall obtain Landlord's ’s prior written consentconsent for the installation of the same, which consent may be conditioned as required use an experienced and qualified contractor reasonably approved in writing by Landlord, and comply with all of the other provisions of Article 8 above; (bii) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Real Property; (iii) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Real Property, as determined in Landlord’s reasonable opinion; (iv) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, ; (v) Tenant’s rights shall be subject to the rights of any regulated telephone company; and (cvi) Tenant shall pay all costs in connection therewiththerewith as to its Lines. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the Real Property. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. At Landlord’s sole cost and expense, and in no event shall Tenant’s Lines be reduced, Landlord may (but shall not have the obligation to): (iA) install new Lines at the Real Property, ; (iiB) create additional space for Lines at the Property Real Property; and (iiiC) adopt reasonable reasonably direct, monitor and/or supervise the installation, maintenance, replacement and uniform rules removal of, the allocation and regulations with respect to periodic re-allocation of available space (if any) for, and the Lines. Notwithstanding anything to allocation of excess capacity (if any) on, any Lines now or hereafter installed at the contrary contained in Article IXReal Property by Landlord, Tenant or any other party (but Landlord reserves the shall have no right to require monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. Tenant shall have no obligation to remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease unless Tenant exercises its right to terminate the Lease under Rider No. 4, or if Landlord terminates the Lease due to a Tenant Event of Default, in which case Tenant shall, at Tenant’s sole cost and expense, remove such Lines upon the expiration or earlier termination of the Lease. Any Lines not required to be removed pursuant to this Article 28 shall, at Landlord’s option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required in accordance with the immediately preceding sentence,, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease or applicable Laws). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's ’s written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's ’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's ’s use of any Lines will be free from, from the following (collectively called "Line Problems"): (x1) any eavesdropping or wire-tapping by unauthorized parties, (y2) any failure of any Lines to satisfy Tenant's ’s requirements, or (z3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Real Property, by any failure of the environmental conditions or the power supply for the Real Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's ’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. The provisions of this Article 28 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Retail Lease (KBS Real Estate Investment Trust II, Inc.)

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Communications and Computer Lines. 26.01 Tenant mayshall, in a manner consistent accordance with the provisions terms and requirements of this Leaseconditions hereof, have the right to install, maintain, replace, remove or use any electronic, fiber, phone and data cabling and communications or computer wireswires (collectively, cables and related devices (collectively the "Lines") at the Building Project in or serving the Premises, provided: provided that (ai) Tenant shall obtain Landlord's ’s prior written consent, consent (which consent may shall not be unreasonably withheld, conditioned or delayed), use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 7 and Article 8 of this Lease, (ii) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Project, as required reasonably determined by Landlord, (biii) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (civ) any new or existing Lines servicing the Premises shall comply with all Applicable Laws, (v) Tenant shall prior to the expiration of this Lease, at Tenant’s expense and in compliance with the National Electric Code and other Applicable Laws, remove all Lines; provided, however, Tenant shall not remove such Lines if Tenant receives a written notice from Landlord at least fifteen (15) days prior to the expiration of the Lease authorizing such Lines to remain in place, in which event the Lines shall be surrendered with the Premises upon the expiration or earlier termination of this Lease, and (vi) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Applicable Laws or represent a dangerous or potentially dangerous condition. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord further reserves the right to require that Tenant remove any or and all Lines installed by or for Tenant within lines located in or serving the Premises upon the expiration or earlier termination of this Lease. In the event that Tenant desires access to the Building risers in connection with the exercise of its rights pursuant to this paragraph, then Tenant shall not, without be required to utilize the prior written consent services of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems’s designated Building riser management company.

Appears in 1 contract

Samples: Office Lease (Forrester Research, Inc.)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wireswires and cables (collectively, cables and related devices (collectively the "Lines") at the Building Project in or serving the Premises, provided: provided that (ai) Tenant shall obtain Landlord's ’s prior written consentconsent (which shall not be unreasonably withheld, which consent may be conditioned as required or delayed), use Landlord’s designated contractor for provision of cabling and riser management services (or, if Landlord does not have a designated contractor, then an experienced and qualified contractor reasonably approved in writing by Landlord), and comply with all of the other provisions of Articles 7 and 8 of this Lease, (bii) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiationProject, as determined in Landlord’s reasonable opinion, (iii) the Lines therefor (including riser cables) shall be (x) appropriately insulated to prevent such excessive electromagnetic fields or radiation, (y) surrounded by a protective conduit reasonably acceptable to Landlord, and (cz) identified in accordance with the “Identification Requirements,” as that term is set forth hereinbelow, (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. All Lines shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Lines with wire) to show Tenant’s name, suite number, telephone number and the name of the person to contact in the case of an emergency (A) every four feet (4’) outside the Premises (specifically including, but not limited to, the electrical room risers and other Common Areas), and (B) at the Lines’ xxxxxxxxxxx xxxxx(x) (xxxxxxxxxxxx, the “Identification Requirements”). Upon the expiration of the Lease Term, or immediately following any earlier termination of this Lease, Tenant shall (unless Landlord provides prior written notice to Tenant to the contrary), at Tenant’s sole cost and expense, remove all Lines installed by Tenant, and repair any damage caused by such removal; provided that, if this Lease terminates on the originally scheduled Lease Expiration Date (specifically excluding any extensions or renewals thereof), then Tenant shall have no obligation to remove any Lines installed by Tenant to the extent that such Lines will be usable by the subsequent tenant of the Premises (as determined in Landlord’s reasonable discretion). In the event that Tenant fails to complete such removal and/or fails to repair any damage caused by the removal of any Lines, Landlord may do so and may charge the cost thereof to Tenant. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions. Landlord may , or which are at any time (but shall not have the obligation to): (i1) install new Lines at the Propertyare in violation of any Applicable Laws, (ii2) create additional space for Lines at are inconsistent with then-existing industry standards (such as the Property and standards promulgated by the National Fire Protection Association (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IXe.g., Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirementsorganization’s “2002 National Electrical Code”)), or (z3) any shortages, failures, variations, interruptions, disconnections, loss otherwise represent a dangerous or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problemspotentially dangerous condition.

Appears in 1 contract

Samples: Office Lease (Versartis, Inc.)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: (a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Promises, (f) Tenants rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in In violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i1) install new Lines at the Property, Property (ii11) create additional space for Lines at the Property Property, and (iii111) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may Include those costs and all other costs in operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Linesperiod of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article IX13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises Promises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant falls to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law), Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for or damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines .Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve relive Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Agreement (Corechange Inc)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any electronic, fiber, phone and data cabling and communications or computer wireswires (collectively, cables and related devices (collectively the "Lines") at the Building Project in or serving the Premises, provided: provided that (ai) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 7 and Article 8 of this Lease, (bii) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiationProject, as determined in Landlord's reasonable opinion, (iii) the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (civ) any Lines installed by or on behalf of Tenant servicing the Premises shall comply with all Applicable Laws, (v) Tenant shall prior to the expiration of this Lease, at Tenant's expense and in compliance with the National Electric Code and other Applicable Laws, remove all Lines; provided, however, Tenant shall not remove such Lines if Tenant receives a written notice from Landlord at least thirty (30) days prior to the expiration of the Lease authorizing such Lines to remain in place, in which event the Lines shall be surrendered with the Premises upon the expiration or earlier termination of this Lease, and (vi) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed by or on S:\PFG\Castlight Health Lease\Lease_RV11.docx: 5/6/15 behalf of Tenant in violation of these provisions, or which are at any time in violation of any Applicable Laws or represent a dangerous or potentially dangerous condition. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property The parties hereto acknowledge and (iii) adopt reasonable and uniform rules and regulations with respect agree that prior to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employeesapplicable Early Entry Date, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirementsremove, or (z) any shortagescause to be removed all Lines currently located within the Premises, failuresother than the Suite 200 portion of the Premises, variations, interruptions, disconnections, loss or damage caused which Lines shall remain in place and used by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Office Lease (Castlight Health, Inc.)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, ----------------------------------- replace, remove or use any communications or computer wireswires and cables (collectively, cables and related devices (collectively the "Lines") at the Building Project in or serving the Premises, provided: provided ----- that (a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this Lease, (b) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (c) any new or existing Lines servicing the Premises shall comply with all Governmental Requirements, and (d) Tenant shall pay all costs in connection therewithwith the foregoing. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Governmental Requirements or represent a dangerous or potentially dangerous condition. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IXIn addition, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon expiration or sooner termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such expiration or sooner termination. Tenant shall notAny Lines not required to be removed pursuant to this Section shall, without at Landlord's option, become the prior written consent property of Landlord in each instance(without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, grant or violates any other provision of this Section, Landlord may, after ten (10) days' written notice to any third party a security interest Tenant, remove such Lines or lien in or to the Linesremedy such other violation, and any such security interest or lien granted at Tenant's expense (without limiting Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations remedies available under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption Lease or other consequential damage arising from any Line ProblemsGovernmental Requirements).

Appears in 1 contract

Samples: Confirmation Agreement (Ydi Wireless Inc)

Communications and Computer Lines. 26.01 (a) Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (including, without limitation, junction boxes, connectors, conduits, inner ducts, or other supportive or protective materials or equipment) (collectively the "Lines") at the Building and/or on the Land in or serving the Premises, provided: (ai) Tenant shall obtain Landlord's ’s prior written consentconsent (which shall not be unreasonably withheld, which consent may be conditioned as required or delayed), and use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Xxxxxxxxx 00, (bxx) any such installation, maintenance, replacement, removal or use shall comply with all laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Building, (iii) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined in Landlord’s reasonable opinion, (iv) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (v) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (vi) Tenant’s rights shall be subject to the rights of any regulated telephone company, and (cvii) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after notice. Landlord may (but The installation of any Lines used to provide telecommunications services to the Premises shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect be a “Transfer” pursuant to the LinesParagraph 14 hereof. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employeesAt Tenant’s request, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines permit Yipes to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable provide communications services to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problemsthe Building without access charge.

Appears in 1 contract

Samples: Lease Agreement (JMP Group Inc.)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: (a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8; (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices and shall not interfere with the use of any then existing Lines at the Property; (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion; (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation; (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises; (f) Tenant's rights shall be subject to the rights of any regulated telephone company; and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, which are at any time in violation of any Laws or which represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party) within three (3) days after written notice. Landlord may (but shall not have the obligation to): (ia) install new Lines at the Property, ; (iib) create additional space for Lines at the Property Property; and (iiic) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant or may include those costs and all other costs in Operating Expenses under Article 25 (including, without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Linesperiod of time prescribed in Article 25. Notwithstanding anything to the contrary contained in Article IX13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, caused by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, caused by any other problems associated with any Lines, or resulting from any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Office Lease (Millers Mutual Fire Insurance Co)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "LinesLINES") at the Building Property in or serving the Premises, provided: (a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cf) Tenant shall pay all costs in connection therewith. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the Property. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within ten (10) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, Property (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonable reasonably direct, monitor and/or supervise the installation, maintenance, replacement and uniform rules removal of, the, allocation and regulations with respect periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Notwithstanding anything Such rights shall not be in limitation of other rights that may be available to the contrary contained in Article IXLandlord by Law or otherwise. If Landlord exercises any such rights, Landlord reserves may charge Tenant for the right costs attributable to require that Tenant remove Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any or all Lines installed associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable finance charges) over the period of time prescribed by or for Tenant within or serving the Premises upon Article 25. Upon termination of this Lease, any Lines owned by Tenant and not removed by Tenant shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents agents, contractors or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line ProblemsLINE PROBLEMS"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Office Lease (Participate Com Inc)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wireswires and cables (collectively, cables and related devices (collectively the "Lines") at the Building Project in or serving the Premises, provided: provided that (a) Tenant shall obtain Landlord's ’s prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this Lease, (b) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (c) any new or existing Lines servicing the Premises shall comply with all Governmental Requirements, and (d) Tenant shall pay all costs in connection therewithwith the foregoing. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Governmental Requirements or represent a dangerous or potentially dangerous condition. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IXIn addition, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon expiration or sooner termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such expiration or sooner termination. Tenant shall notAny Lines not required to be removed pursuant to this Section shall, without at Landlord’s option, become the prior written consent property of Landlord in each instance(without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, grant to or violates any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts other provision of Landlord or Landlord's agents or employeesthis Section, Landlord shall have no liability for damages arising frommay, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following after ten (collectively called "Line Problems"): (x10) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines days’ written notice to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rentremove such Lines or remedy such other violation, or relieve Tenant from performance of at Tenant's obligations ’s expense (without limiting Landlord’s other remedies available under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption Lease or other consequential damage arising from any Line ProblemsGovernmental Requirements).

Appears in 1 contract

Samples: Lease Termination Agreement (Proxim Corp)

Communications and Computer Lines. 26.01 A. Tenant mayshall not alter, modify, add to or disturb any telecommunications wiring or cabling not exclusively located within the Premise or elsewhere in the Building without Landlord’s prior written consent. Landlord shall provide and maintain, at no expense to Tenant (other than as an item of Direct Expenses), telephone riser space in the Building core adequate to accommodate the telecommunications needs of a manner consistent general office tenant and lines and conduit in Building risers or pathways that provide a continuous connection of intrabuilding telecommunications cabling from a distribution frame located in an access controlled area on the floor of the Premises (the “IDF”) to the main telecommunications demarcation point located in the ground or basement level floors of the Building (the “MPOE”); provided, however, Landlord shall have no obligation (and Tenant shall have no right) to increase the capacity of the existing telecommunications riser and distribution facilities and/or cabling in the Building. By its acceptance of possession of the Premises, Tenant shall be deemed to have agreed that the existing number and type of lines serving the Premises is adequate for Tenant’s occupancy. The number and type of lines presently allocated to Tenant at the IDF shall not be increased or added to without the prior written consent of Landlord. Any and all telecommunications equipment and cabling serving Tenant and the Premises and connecting to or from the IDF shall be located solely in the Premises, and Tenant shall only be permitted to access the IDF, with the provisions Prior written consent of Landlord and requirements for purposes of this Leaseconfirming interconnection with the Building’s riser facilities. Only Landlord and/or Landlord’s approved installers are authorized to install and/or connect additional telecom lines (including, installvoice, maintaindata, replacevideo, remove cable and other) from the MPOE and/or the IDF to the Premises, and such work shall be at Tenant’s expense. Tenant shall maintain and repair all telecommunication cabling and wiring within or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building in or exclusively serving the Premises, provided: (a) . Tenant shall obtain Landlord's prior written consentbe liable to Landlord for any damage to the telecommunications cabling and wiring in the Building due to the act (negligent or otherwise) of Tenant or any employee, which consent may be conditioned as required agent or contractor of Tenant. Tenant hereby waives any claim against Landlord for any damages if Tenant’s telecommunications services and/or equipment are in any way interrupted, damaged or otherwise interfered with, except to the extent caused by the gross negligence or willful or criminal misconduct of Landlord, (b) if its agents or employees; provided that in no event shall any such interruption, damage or interference entitle Tenant at to any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor consequential damages (including riser cablesdamages for loss of business) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and (c) relieve Tenant shall pay all costs in connection therewithof any of its obligations under this Lease. Landlord reserves the right to require that Tenant remove any Lines which are installed in violation limit the number of these provisions. Landlord may local exchange carriers and competitive alternative telecommunications providers (but shall not have the obligation to): (icollectively “TSPs”) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect having access to the Lines. Notwithstanding anything to the contrary contained in Article IXBuilding’s riser system and infrastructure, and Landlord reserves the right to require that Tenant remove any or charge TSPs for the use of Landlord’s telecommunications riser system and infrastructure; provided, however, in all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employeescases, Landlord shall have no liability will provide Building and riser access to at least one TSP for damages arising from, and Landlord does not warrant that Tenant's use dial tone telecommunications service to tenants of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line ProblemsBuilding.

Appears in 1 contract

Samples: Shell Building Office Lease (XOOM Corp)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: (a) Tenant shall obtain Landlord's ’s prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) Tenant shall not use a number of spare Lines disproportionate to the Tenant’s Prorata Share of space in the Building, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) Tenant’s rights shall be subject to the rights of any regulated telephone company, and (cf) Tenant shall pay all reasonable costs in connection therewith. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the Property but shall provide reasonable access to such risers, which may be through a riser management company. Landlord reserves the right to require that Tenant remedy and subsequently remove any Lines located in or serving the Premises which are installed in violation of these provisionsprovisions if Tenant is unable to remedy such defects, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (if such Lines were installed by Tenant or any other party) at the discretion of Tenant, within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, Property (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonable reasonably direct, monitor and/or supervise, through a riser management company, if Landlord so elects, the installation, maintenance, replacement and uniform rules removal of, the allocation and regulations with respect periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall not monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to the LinesLandlord by Law or otherwise. Notwithstanding anything to the contrary contained in Article IXIf Landlord exercises any such rights, Landlord reserves may charge Tenant for the right costs attributable to require that Tenant remove any Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant and risers to any third party a security interest or lien in or to the accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, riser management fees, and the fees of any such security interest or lien granted without Landlord's written consent consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be null and voidamortized (together with reasonable finance charges) over the period of time prescribed by Article 25. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's ’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's ’s use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized partiesparties not controlled by Landlord, (y) any failure of any Lines to satisfy Tenant's ’s requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's ’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. The provisions of this Article shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Huron Consulting Group Inc.)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: (a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, Property (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Linesperiod of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article IX13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Agreement (National Financial Partners Corp)

Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: (a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8. (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, Property (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Linesperiod of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article IX13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, employees Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Agreement (Industrial Training Corp)

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