Common use of Communications and Computer Lines Clause in Contracts

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires and cables (collectively, the “Lines”) at the Project in or serving the Premises, provided that (a) Tenant shall obtain Landlord’s prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this Lease, (b) 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, (c) the Lines therefor (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) 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 with 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. In 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. Any Lines not required to be removed pursuant to this Section 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 Section, Landlord may, after ten (10) 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 Governmental Requirements).

Appears in 2 contracts

Samples: Lease (PortalPlayer, Inc.), Lease (Nextg Networks Inc)

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Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires and cables (collectively, the “Lines”) at the Project in or serving the Premises, provided that (ai) Tenant shall obtain Landlord’s prior written consent, 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) 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, (ciii) the Lines therefor (including riser cables) shall be (x) appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be (y) surrounded by a protective conduit reasonably acceptable to Landlord, (div) any new or existing Lines servicing the Premises shall comply with all Governmental Requirementsapplicable governmental laws and regulations, (ev) as a condition to permitting the installation of new Lines, Landlord may require that Tenant shall remove existing Lines located in or serving the Premises and repair any damage in connection with such removal, and (fvi) Tenant shall pay all costs in connection with therewith. Upon the foregoingexpiration 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, or which are at any time (1) are in violation of any Governmental Requirements Applicable Laws, (2) are inconsistent with then-existing industry standards (such as the standards promulgated by the National Fire Protection Association (e.g., such organization’s “2002 National Electrical Code”)), or (3) otherwise represent a dangerous or potentially dangerous condition. In 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. Any Lines not required to be removed pursuant to this Section 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 Section, Landlord may, after ten (10) 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 Governmental Requirements).

Appears in 2 contracts

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

Communications and Computer Lines. 26.01 Tenant may may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the "Lines") at the Project Building in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing which consent may be conditioned as required 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 acceptable number electromagnetic field exceeding the normal insulation ratings of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Projectordinary twisted pair riser cable or cause radiation higher than normal background radiation, 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, (d) 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 (fc) Tenant shall pay all costs in connection with the foregoingtherewith. 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 at the Property, or which are (ii) create additional space for Lines at any time the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in violation of any Governmental Requirements or represent a dangerous or potentially dangerous condition. In additionArticle 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. Tenant shall not, provided Landlord notifies Tenant without the prior to or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed pursuant to this Section shall, at Landlord’s option, become the property 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 (without payment collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by Landlord). If Tenant fails unauthorized parties, (y) any failure of any Lines to remove such Lines as required by Landlordsatisfy Tenant's requirements, or violates (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 provision tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of this Section, Landlord may, after ten (10) days’ written notice to Tenant, remove such Lines render Landlord liable to Tenant for abatement of Rent, or remedy such other violation, at relieve Tenant from performance of Tenant’s expense (without limiting Landlord’s other remedies available 's obligations under this Lease Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or Governmental Requirements)other consequential damage arising from any Line Problems.

Appears in 2 contracts

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

Communications and Computer Lines. 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 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 and cables (collectively, the “Lines”) at the Project use of Telecom Cable located in or serving the Premises, provided that Premises (a) Tenant shall obtain Landlord’s prior written consentconsent (which shall not be unreasonably withheld, conditioned or delayed), use an experienced and qualified contractor approved in writing by LandlordLandlord (which approval shall not be unreasonably withheld, conditioned or delayed), and comply with all of the other provisions contained in Article 6 of this Lease, (b) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the ProjectBuilding, as determined by Landlord in Landlord’s reasonable opiniondiscretion, (c) the Lines therefor Telecom Cable (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Lines servicing the Premises Telecom Cable shall comply with all Governmental Requirementsapplicable Laws, (e) as a condition to permitting the installation of new LinesTelecom Cable, Landlord may require that Tenant remove existing Lines Telecom Cable located in or serving the Premises and repair any damage in connection with such removal, and (f) 0 Tenant shall pay all costs in connection with the foregoingtherewith. 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 Governmental Requirements Laws or represent a dangerous or potentially dangerous condition. In addition, Landlord reserves Upon 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 Leasethe Term, provided Landlord notifies Tenant prior to or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed pursuant to this Section shallTenant, at Landlord’s optionits sole cost and expense, become the property of Landlord shall remove (without payment and repair any damage caused by Landlord). If Tenant fails to remove such Lines as required removal) all Telecom Cable installed by Landlord, or violates any other provision of this Section, Landlord may, after ten (10) 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 Governmental Requirements).

Appears in 2 contracts

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

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any install communications or computer wires wires, cables and cables related electronic signal transmission devices (collectively, collectively the “Lines”) at the Project in or serving the Premises, provided that (a) 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, use contract with the Building Communications Provider for any Lines it requires in the Building risers. The Lines for any equipment that may create an experienced and qualified contractor approved in writing by Landlord, and comply with all electromagnetic field exceeding the normal insulation ratings of the other provisions of this Lease, (b) 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, (c) the Lines therefor (including ordinary twisted pair riser cables) cable or cause radiation higher than normal background radiation shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and . Tenant’s rights under this Article 25 shall be surrounded by a protective conduit reasonably acceptable subject to Landlord, (d) the rights of 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) regulated telephone company. Tenant shall pay all costs in connection with the foregoingTenant’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 Governmental Requirements or represent a dangerous or potentially dangerous condition. In additionLandlord or the Building Communications Provider may (but shall not have the obligation to) install new Lines at the Project, and reasonably allocate any Lines installed at the 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 (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) to the extent not an Excluded Expense. Tenant shall not grant to any third party a security interest or lien in or on the Lines without the prior written consent of Landlord in each instance and any such security interest or lien granted without Landlord’s written consent shall be null and void. Except to the extent arising from its gross negligence or willful misconduct a Landlord Party, Landlord reserves shall not be liable of Losses arising from, and Landlord does not warrant that the right Tenant’s use of any Lines will be free from the following line problems: (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to require that Tenant remove satisfy Tenant’s requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or all damage caused by the installation, maintenance, replacement, use or removal of Lines installed by or for other tenants or occupants at the Project, 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 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 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 or serving the Premises upon expiration or sooner termination of this Leasethe Project. Xxxxxxxx has contracted with ExteNet Systems, provided Landlord notifies Tenant prior to or within thirty Inc. (30) days following such expiration or sooner termination. Any Lines not required the “Building Communications Provider” to be removed pursuant 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 this Section shall, at Landlord’s option, become a “meet me room” and from the property 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 (without payment by Landlord). If Tenant fails may change the identity of the Building Communications Provider from time to remove such Lines as required by Landlord, or violates any other provision of this Section, Landlord may, after ten (10) 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 Governmental Requirements)time.

Appears in 1 contract

Samples: Office Lease (Sezzle Inc.)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables, and cables related devices (collectively, collectively the "Lines") at the Project Property in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 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 ProjectProperty, as determined in Landlord’s 's reasonable opinion, (cd) 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, (d) any new or existing Lines servicing the Premises shall comply with all Governmental Requirements, 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 repair Premises, (f) Tenant's rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (fg) Tenant shall pay all costs in connection with the foregoingtherewith. 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 Laws or represent a dangerous or potentially dangerous condition. In addition, Landlord reserves the right to require that Tenant remove any or all condition (whether such Lines were installed by Tenant or for Tenant any other party), within or serving the Premises upon expiration or sooner termination of this Lease, provided Landlord notifies Tenant prior to or within thirty three (303) days following such expiration or sooner terminationafter written notice. Any Landlord may (but shall not have the obligation to): (i) install new Lines not required to be removed pursuant to this Section shallat the Property, (ii) create additional space for Lines at Landlord’s optionthe Property, become the property of Landlord and (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlordiii) reasonably direct, or violates any other provision of this Sectionmonitor, Landlord may, after ten (10) 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 Governmental Requirements).and/or

Appears in 1 contract

Samples: Office Lease (First Virtual Holding Inc)

Communications and Computer Lines. Subject to Tenant’s rights in Section 1.1, Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the “Lines”) at the Project Real Property in or serving the Premises, provided that provided: (ai) Tenant shall obtain Landlord’s prior written consentconsent for the installation of the same, use an experienced and qualified contractor reasonably approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 8 above; (ii) 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; (biii) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the ProjectReal 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, (c) the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and ; (v) Tenant’s rights shall be surrounded by a protective conduit reasonably acceptable subject to Landlord, (d) the rights of 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, regulated telephone company; and (fvi) Tenant shall pay all costs in connection with therewith as to its Lines. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the foregoingReal 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 Governmental Requirements Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. In additionAt Landlord’s sole cost and expense, and in no event shall Tenant’s Lines be reduced, Landlord reserves may (but shall not have the obligation to): (A) install new Lines at the Real Property; (B) create additional space for Lines at the Real Property; and (C) 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 Real Property by Landlord, Tenant or any other party (but Landlord 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 expiration or sooner termination of this LeaseLease unless Tenant exercises its right to terminate the Lease under Rider No. 4, provided or if Landlord notifies terminates the Lease due to a Tenant prior to or within thirty (30) days following Event of Default, in which case Tenant shall, at Tenant’s sole cost and expense, remove such Lines upon the expiration or sooner terminationearlier termination of the Lease. Any Lines not required to be removed pursuant to this Section 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 Sectionin accordance with the immediately preceding sentence,, Landlord may, after ten twenty (1020) days’ 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 Governmental Requirementsapplicable 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 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 the following (collectively called “Line Problems”): (1) any eavesdropping or wire-tapping by unauthorized parties, (2) any failure of any Lines to satisfy Tenant’s requirements, or (3) 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 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.)

Communications and Computer Lines. (A) Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables relatediievices (collectively, collectively the "Lines") at the Project Property in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 10, (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 ProjectProperty, as determined in Landlord’s 's reasonable opinion, (cd) 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, (d) 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 Premises, (f) Tenant's rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (fg) Tenant shall pay all costs in connection with the foregoingtherewith. 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 or become at any time in violation of any Governmental Requirements Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. (B) 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) 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). In additionSuch 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 26 (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 finance charges) over the period of time prescribed by Paragraph (H)(ii) of Article 26. (C) Notwithstanding anything to the contrary contained in Article 22, 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. Any Lines not required to be removed pursuant to this Section Article shall, at Landlord’s 's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines lines as required by Landlord, or violates any other provision of this SectionArticle, Landlord may, after ten twenty (1020) days' written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s 's expense (without limiting Landlord’s 's other remedies available under this Lease or Governmental Requirementsapplicable 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 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 grossly 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 wiretapping 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 of 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: Consent to Sublease (At Plan Inc)

Communications and Computer Lines. (a) Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectivelyincluding, without limitation, junction boxes, connectors, conduits, inner ducts, or other supportive or protective materials or equipment) (collectively the “Lines”) at the Project Building and/or on the Land in or serving the Premises, provided that provided: (ai) Tenant shall obtain Landlord’s prior written consentconsent (which shall not be unreasonably withheld, conditioned or delayed), and use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseXxxxxxxxx 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 ProjectBuilding, as determined in Landlord’s reasonable opinion, (civ) 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, (d) any new or existing Lines servicing the Premises shall comply with all Governmental Requirements, (ev) 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 Premises, (vi) Tenant’s rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (fvii) Tenant shall pay all costs in connection with the foregoingtherewith. 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 Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after notice. In additionThe installation of any Lines used to provide telecommunications services to the Premises shall not be a “Transfer” pursuant to Paragraph 14 hereof. At Tenant’s request, Landlord shall permit Yipes to provide communications services to Tenant in the Building without access charge. (b) Landlord may (but shall not have the obligation to): (i) install new Lines at the Building, (ii) create additional space for Lines at the Building, and (iii) 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 Building 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 pursuant to this Lease or by law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the reasonable costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Paragraph 1(f) (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 finance charges) to the extent required by Paragraph 1(f). (c) Notwithstanding anything to the contrary contained in Paragraph 10(a), 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. Any Lines not required to be removed pursuant to this Section Paragraph 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 SectionParagraph, Landlord may, after ten twenty (1020) 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 Governmental Requirementsapplicable 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 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 gross negligence or willful misconduct 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 Building, by any failure of the environmental conditions or the power supply for the Building 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 Rental, 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: Lease Agreement (JMP Group Inc.)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the "Lines") at the Project Property in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing writing, by Landlord, and comply with all of the other provisions of this LeaseArticle 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 ally 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 ProjectProperty, as determined in Landlord’s 's reasonable opinion, (cd) 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, (d) 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 removalPremises, and (f) Tenant shall pay all costs in connection with the foregoingtherewith. 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 Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) business days after written notice. In additionLandlord 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) 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 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 finance charges) over the period of time prescribed by Article 24. Notwithstanding anything to the contrary contained in Article 12, 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. Any Lines not required to be removed pursuant to this Section Article shall, at Landlord’s '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 SectionArticle, Landlord may, after ten twenty (1020) days’ days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s 's expense (without limiting Landlord’s 's other remedies available under this Lease or Governmental Requirementsapplicable 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 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: Lease Agreement (Infocure Corp)

Communications and Computer Lines. 1. Tenant may may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires wires, cable and cables related devices (collectively, collectively the "Lines") at the Project Building in or serving the Premises, provided that provided: (a) Tenant shall obtain obtains Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing which consent may be conditioned as required 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 acceptable number electromagnetic field exceeding the normal insulation ratings of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Projectordinary twisted pair riser cable or cause radiation higher than normal background radiation, as determined in Landlord’s reasonable opinion, (c) the Lines therefor (including riser cables) shall must be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) 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 (fc) Tenant shall will pay all costs in connection with the foregoingtherewith. 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. 2. Landlord may, but is not obligated to: (i) install new Lines at the Property, and (ii) create additional space for Lines at the Property, and adopt reasonable and uniform rules and regulations with respect to the Lines. 3. Tenant may not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and any such security interest or lien granted without Landlord's written consent is null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord has 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 which are at (z) any time in violation shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of any Governmental Requirements or represent a dangerous or potentially dangerous condition. In addition, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for other tenants or occupants at the Property. Under no circumstances will any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant within for abatement of Rent, or serving the Premises upon expiration or sooner termination relieve Tenant from performance of Tenant's obligations under this Lease. Landlord will in no event be liable for damages by reason of loss of profits, provided Landlord notifies Tenant prior to business interruption or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed pursuant to this Section 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 other consequential damage arising from any other provision of this Section, Landlord may, after ten (10) 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 Governmental Requirements)Line Problems.

Appears in 1 contract

Samples: Office Lease (Tenera Inc)

Communications and Computer Lines. Tenant may may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires wires, cable and cables related devices (collectively, collectively the "Lines") at the Project Building in or serving the PremisesPromises, provided that provided: (aA) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing which consent may be reasonably conditioned as required by Landlord, and comply with all (B) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding th normal insulation ratings of the other provisions of this Leaseordinary twisted pair riser cable or cause radiation higher than normal background radiation, (b) 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, (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, (d) 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 (fC) Tenant shall pay all costs in connection with the foregoingtherewith. 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 at the Property, or which are and (ii) create additional space for Lines at any time the Property, and adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in violation of any Governmental Requirements or represent a dangerous or potentially dangerous condition. In additionArticle 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. Tenant shall not, provided Landlord notifies Tenant without the prior to or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed pursuant to this Section shall, at Landlord’s option, become the property written consent of Landlord in each instance, grant to any third party a security interest or lien in or 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 the following (without payment collectively called "Line Problems"): (a) any eavesdropping or wire-tapping by Landlord). If Tenant fails unauthorized parties, (b) any failure of any Lines to remove such Lines as required by Landlordsatisfy Tenant's requirements, or violates (c) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other provision tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of this Section, Landlord may, after ten (10) days’ written notice to Tenant, remove such Lines render Landlord liable to Tenant for abatement of Rent, or remedy such other violation, at relieve Tenant from performance of Tenant’s expense (without limiting Landlord’s other remedies available 's obligations under this Lease Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or Governmental Requirements)other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Sublease (Chemconnect Inc)

Communications and Computer Lines. A. Tenant may shall 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 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 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 telecommunication 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, its agents or employees; provided that in no event shall any such interruption, damage or interference entitle Tenant to any consequential damages (including damages for loss of business) or relieve Tenant of any of its obligations under this Lease. Landlord reserves the right to limit the number of local exchange carriers and competitive alternative telecommunications providers (collectively “TSPs”) having access to the Building’s riser system and infrastructure, and Landlord reserves the right to charge TSPs for the use of Landlord’s telecommunications riser system and infrastructure; provided, however, in all cases, Landlord will provide Building and riser access to at least one TSP for dial tone telecommunications service to tenants of the Building. B. Tenant may, in a manner consistent with the provisions and requirements of this Lease, including subparagraph A above, install, maintain, replace, remove or use any communications or computer wires wires, cable and cables related devices (collectively, collectively the “Lines”) at the Project in or serving the Premises, provided that provided: (a) Tenant shall obtain obtains Landlord’s prior written consent, use an experienced and qualified contractor approved in writing which consent may be conditioned as required 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 acceptable number electromagnetic field exceeding the normal insulation ratings of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Projectordinary twisted pair riser cable or cause radiation higher than normal background radiation, as determined in Landlord’s reasonable opinion, (c) the Lines therefor (including riser cables) shall must be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (c) Tenant may not install “mini” satellite dishes (e.g., Direct TV) in the Premises, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) 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 will pay all costs in connection with the foregoingtherewith. 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. C. Landlord may, but is not obligated to: (i) install new Lines in the Building, and (ii) create additional space for Lines in the Building, and adopt reasonable and uniform rules and regulations with respect to the Lines. D. Tenant may not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and any such security interest or lien granted without Landlord’s written consent is null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord’s agents or employees, Landlord has 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 which are at (z) any time in violation shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of any Governmental Requirements or represent a dangerous or potentially dangerous condition. In addition, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for other tenants or occupants at the Property. Under no circumstances will any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant within for abatement of Rent, or serving relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord will in no event be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. E. Upon the Premises upon expiration or sooner earlier termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed pursuant to this Section shallshall remove, at Landlord’s option, become the property of Landlord its sole cost and expense (without payment and by installers approved by Landlord). If , all telecommunications lines and cabling within the Premises and/or exclusively serving the Premises. F. Tenant fails releases Landlord and waives any and all claims for damages, losses and expenses against Landlord arising from or relating to remove such Lines as required by Landlord, any interruption or violates any other provision failure to furnish or maintain telecommunications services; no interruption of this Section, Landlord may, after ten (10) days’ written notice telecommunication service shall constitute a constructive eviction or entitle Tenant 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 Governmental Requirements).an abatement of Rent

Appears in 1 contract

Samples: Lease Agreement (XOOM Corp)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any electronic, fiber, phone and data cabling and communications or computer wires and cables (collectively, the "Lines") at the Project in or serving the Premises, provided that (ai) Tenant shall obtain Landlord’s 's prior written consent, 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) 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 's reasonable opinion, (ciii) the Lines therefor (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (div) any new Lines installed by or existing Lines on behalf of Tenant servicing the Premises shall comply with all Governmental RequirementsApplicable Laws, (ev) as 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 condition written notice from Landlord at least thirty (30) days prior to permitting the installation expiration of new Linesthe Lease authorizing such Lines to remain in place, Landlord may require that Tenant remove existing in which event the Lines located in or serving shall be surrendered with the Premises and repair any damage in connection with such removalupon the expiration or earlier termination of this Lease, and (fvi) Tenant shall pay all costs in connection with the foregoingtherewith. 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 Governmental Requirements Applicable Laws or represent a dangerous or potentially dangerous condition. In additionThe parties hereto acknowledge and agree that prior to the applicable Early Entry Date, Landlord reserves the right to require that Tenant remove any shall remove, 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. Any Lines not required cause to be removed pursuant to this Section shallall Lines currently located within the Premises, at Landlord’s optionother than the Suite 200 portion of the Premises, become the property of Landlord (without payment which Lines shall remain in place and used by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Section, Landlord may, after ten (10) 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 Governmental Requirements).

Appears in 1 contract

Samples: Office Lease (Castlight Health, Inc.)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the "Lines") at the Project Property in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 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 ProjectProperty, as determined in Landlord’s 's reasonable opinion, (cd) 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, (d) 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 Premises, (f) Tenant's rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (fg) Tenant shall pay all costs in connection with the foregoingtherewith. 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 Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. In additionLandlord 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) 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 finance charges) over the period of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article 13, 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. Any Lines not required to be removed pursuant to this Section Article shall, at Landlord’s '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 SectionArticle, Landlord may, after ten twenty (1020) days’ days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s 's expense (without limiting Landlord’s 's other remedies available under this Lease or Governmental Requirementsapplicable 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 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, 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 (Corechange Inc)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the "Lines") at the Project Property in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 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 ProjectProperty, as determined in Landlord’s 's reasonable opinion, (cd) 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, (d) 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 Promises, (f) Tenants rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (fg) Tenant shall pay all costs in connection with the foregoingtherewith. 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 Governmental Requirements Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. In additionLandlord may (but shall not have the obligation to): (1) install new Lines at the Property (11) create additional space for Lines at the Property, and (111) 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 finance charges) over the period of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article 13, 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 expiration or sooner termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed pursuant to this Section Article shall, at Landlord’s 's option, become the property of Landlord (without payment by Landlord). If Tenant fails falls to remove such Lines as required by Landlord, or violates any other provision of this SectionArticle, Landlord may, after ten twenty (1020) days’ days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s 's expense (without limiting Landlord’s 's other remedies available under this Lease or Governmental Requirementsapplicable 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 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 or 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, 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 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: Office Lease (Corechange Inc)

Communications and Computer Lines. (A) Tenant may may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the "Lines") at the Project Building or in or serving the Premises, provided that that: (ai) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing which consent may be conditioned as required by Landlord, and comply with all (ii) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of the other provisions of this Leaseordinary twisted pair riser cable or cause radiation higher than normal background radiation, (b) 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, (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, (d) 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 (fiii) Tenant shall pay all costs in connection with the foregoing. 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. 1. Notwithstanding the foregoing, or which are on condition that Tenant delivers to Landlord at any time in violation least five (5) calendar days advance written notice prior to installation, maintenance, replacement and/or removal of any Governmental Requirements Lines in the Building or represent a dangerous Premises, Landlord's consent to install, maintain, replace or potentially dangerous condition. In additionremove any such Lines shall not be required, but only if (a) the cost of said installation, maintenance, replacement or removal is less than $5,000.00, and (b) said installation, maintenance, replacement or removal does not affect or involve any Building systems or the structure of the Building or the safety of the Building and/or its occupants, and (c) said installation, maintenance, replacement or removal does not adversely affect any other Lines in the Building or Premises. (B) Landlord may (but shall not have the obligation to): (i) install new Lines at the Building, and (ii) create additional space for Lines at the Building, and adopt reasonable and uniform rules and regulations with respect to the Lines. (C) Notwithstanding anything to the contrary contained in Article 9, 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. Tenant shall not, provided Landlord notifies Tenant without the prior to or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed pursuant to this Section shall, at Landlord’s option, become the property written consent of Landlord in each instance, grant to any third party a security interest or lien in or 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 gross negligence or willful misconduct 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 (without payment collectively called "Line Problems"): (i) any eavesdropping or wire-tapping by Landlord). If Tenant fails unauthorized parties, (ii) any failure of any Lines to remove such Lines as required by Landlordsatisfy Tenant's requirements, or violates (iii) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other provision tenants or occupants at the Building. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of this Section, Landlord may, after ten (10) days’ written notice to Tenant, remove such Lines render Landlord liable to Tenant for abatement of Rent, or remedy such other violation, at relieve Tenant from performance of Tenant’s expense (without limiting Landlord’s other remedies available 's obligations under this Lease Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or Governmental Requirements)other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Office Lease (Electronic Arts Inc)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires and cables (collectively, the “Lines”) at the Project in or serving the Premises, provided that (a) Tenant shall obtain Landlord’s prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this Lease, (b) 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, (c) the Lines therefor (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (dc) 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 (fd) Tenant shall pay all costs in connection with 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. In 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. Any Lines not required to be removed pursuant to this Section 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 Section, Landlord may, after ten (10) 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 Governmental Requirements).

Appears in 1 contract

Samples: Lease Termination Agreement (Proxim Corp)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the “Lines”) at the Project Property in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 8, (b) an acceptable 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 and disproportionate to the Tenant’s Prorata Share of space for additional Lines shall be maintained for existing and future occupants of in the Project, as determined in Landlord’s reasonable opinionBuilding, (cd) 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, (d) any new or existing Lines servicing the Premises shall comply with all Governmental Requirements, (e) as a condition Tenant’s rights shall be subject to permitting the installation rights 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 removalregulated telephone company, and (f) Tenant shall pay all reasonable costs in connection with therewith. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the foregoingProperty 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 Governmental Requirements Laws or represent a dangerous or potentially dangerous conditioncondition (if such Lines were installed by Tenant or any other party) at the discretion of Tenant, within three (3) days after written notice. In additionLandlord 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) reasonably direct, monitor and/or supervise, through a riser management company, if Landlord so elects, 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 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 Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord reserves may charge Tenant for the right costs attributable to require 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, riser management fees, 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 Article 25. 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 remove the Tenant’s use of any Lines will be free from the following (collectively called “Line Problems”): (x) any eavesdropping or all wire-tapping by unauthorized parties not controlled by Landlord, (y) any failure of any Lines installed 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 within for abatement of Rent, or serving 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. The provisions of this Article shall survive the Premises upon expiration or sooner earlier termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed pursuant to this Section 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 Section, Landlord may, after ten (10) 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 Governmental Requirements).

Appears in 1 contract

Samples: Office Lease (Huron Consulting Group Inc.)

Communications and Computer Lines. Tenant may installAs used herein, maintain, replace, remove or use any “Lines” means all communications or computer wires and cables (collectively, the “Lines”) at the Project in or serving the Premises, provided that Premises installed by or on behalf of Tenant after the mutual execution and delivery of this Lease. All Lines shall be (a) Tenant shall obtain Landlord’s prior written consent, use an experienced installed in accordance with Section 6 and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this Lease, (b) an acceptable number 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 Lines cables and space for additional Lines cables shall be maintained for existing and future occupants of the Projectother occupants, as reasonably determined in by Landlord’s reasonable opinion. Unless otherwise notified by Landlord at least 60 days before the expiration or earlier termination hereof (provided, (c) the Lines therefor (including riser cables) shall however, that if this Lease is terminated by Landlord based upon a Default, then such notification may be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) 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 with 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 given at any time in violation of any Governmental Requirements or represent a dangerous or potentially dangerous condition. In 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. Any Lines not required to be removed pursuant to this Section 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 Section, Landlord may, after later than ten (10) days’ written business days after the notice to 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 not 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 Building, and for the installation, maintenance, replacement, use 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 or remedy such other violationlinking the Premises to any point of entry to the Building that is used, at Tenant’s expense (without limiting with Landlord’s other remedies available under this Lease or Governmental Requirements)prior reasonable consent, by the telecommunications provider retained by Tenant to provide telecommunications to the Premises.

Appears in 1 contract

Samples: Office Lease (Magnite, Inc.)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the "Lines") at the Project Property in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 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 ProjectProperty, as determined in Landlord’s 's reasonable opinion, (cd) 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, (d) 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 Premises, (f) Tenant's rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (fg) Tenant shall pay all costs in connection with the foregoingtherewith. 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 Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. In additionLandlord 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) 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 finance charges) over the period of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article 13, 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. Any Lines not required to be removed pursuant to this Section Article shall, at Landlord’s '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 SectionArticle, Landlord may, after ten twenty (1020) days’ days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s 's expense (without limiting Landlord’s 's other remedies available under this Lease or Governmental Requirementsapplicable 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 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, 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. Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related electronic signal transmission devices (collectively, collectively the “Lines”) at the Project Property in or serving the Premises, provided that provided: (a) Tenant shall (i) obtain Landlord’s prior written consentconsent (not to be unreasonably withheld), (ii) use an experienced and qualified contractor approved in writing by Landlord’s riser management contractor, and (iii) comply with all of the other provisions of this Lease, Article 6; (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 ProjectProperty, 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, (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, (d) any new or existing Lines servicing the Premises shall comply with all Governmental Requirements, ; (e) as a condition intentionally deleted; (f) Tenant’s rights shall be subject to permitting the installation rights 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, regulated telephone company; and (fg) Tenant shall pay all costs in connection with the foregoingTenant’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 Governmental Requirements Laws or represent a dangerous or potentially dangerous condition. In additionLandlord 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) reasonably direct, monitor 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 (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, however, that any capital expenditures incurred shall not be passed through as an Operating Expense unless such capital expenditures otherwise satisfy the requirements set forth in Article 3(B)(xv). 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 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 misconduct 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, 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. Landlord agrees to use commercially reasonable efforts to minimize and/or correct interruptions. 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 reserves the right to require that Tenant remove any or all Lines installed by or enter into a contract with a third party service provider for Tenant the exclusive provision of enhanced cellular service 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. Any Lines not required to be removed pursuant to this Section shall, at Landlord’s option, become the property of Landlord (without payment by Landlord)Building. If Landlord has entered into such a contract and such contract is in effect, then Tenant fails to remove such Lines as required by Landlord, or violates any other may not contract with another Person for the provision of this Section, Landlord may, after ten (10) days’ written notice to Tenant, remove such Lines enhanced cellular service within its Premises or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease or Governmental Requirements)the Building.

Appears in 1 contract

Samples: Office Lease (SP Plus Corp)

Communications and Computer Lines. 26.01 Tenant may may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the “Lines”) at the Project Building in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s prior written consent, use an experienced and qualified contractor approved in writing which consent may be conditioned as required 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 acceptable number electromagnetic field exceeding the normal insulation ratings of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Projectordinary twisted pair riser cable or cause radiation higher than normal background radiation, 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, (d) 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 (fc) Tenant shall pay all costs in connection with the foregoingtherewith. 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 at the Property, or which are (ii) create additional space for Lines at any time the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in violation of any Governmental Requirements or represent a dangerous or potentially dangerous condition. In additionArticle 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. Tenant shall not, provided without the prior written consent of Landlord notifies Tenant prior in each instance, grant to any third party a security interest or within thirty (30) days following lien in or to the Lines, and any such expiration security interest or sooner termination. Any Lines not required to be removed pursuant to this Section shall, at lien granted without Landlord’s option, become written consent shall be null and void. Except to the property 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 (without payment collectively called “Line Problems”): (x) any eavesdropping or wire-tapping by Landlord). If Tenant fails unauthorized parties, (y) any failure of any Lines to remove such Lines as required by Landlordsatisfy Tenant’s requirements, or violates (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 provision tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of this Section, Landlord may, after ten (10) days’ written notice to Tenant, remove such Lines render Landlord liable to Tenant for abatement of Rent, or remedy such other violation, at relieve Tenant from performance of Tenant’s expense (without limiting Landlord’s other remedies available obligations under this Lease Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or Governmental Requirements)other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Office Lease (Treaty Oak Bancorp Inc)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related electronic signal transmission devices (collectively, collectively the "Lines") at the Project Building in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 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 Complex, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the ProjectComplex, as determined in Landlord’s 's reasonable opinion, (cd) 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, (d) 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 Premises, (f) Tenant's rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (fg) Tenant shall pay all costs in connection with the foregoingtherewith. 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 Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. In additionLandlord may (but shall not have the obligation to): (i) install new Lines at the Complex, (ii) create additional space for Lines at the Complex, and (iii) 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 Complex 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 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 finance charges) over the period of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article 13, 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 so notifies Tenant prior to or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed pursuant to this Section Article shall, at Landlord’s '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 SectionArticle, Landlord may, after ten twenty (1020) days’ days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s 's expense (without limiting Landlord’s 's other remedies available under this Lease or Governmental Requirementsapplicable 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 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 Complex, by any failure of the environmental conditions or the power supply for the Complex 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 (C Bridge Internet Solutions Inc)

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Communications and Computer Lines. Tenant may shall, in accordance with the terms and conditions hereof, have the right to install, maintain, replace, remove or use any electronic, fiber, phone and data cabling and communications or computer wires and cables (collectively, the “Lines”) at the Project in or serving the Premises, provided that (ai) Tenant shall obtain Landlord’s prior written consentconsent (which consent 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, (bii) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Project, as reasonably determined in by Landlord’s reasonable opinion, (ciii) the Lines therefor (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (div) any new or existing Lines servicing the Premises shall comply with all Governmental RequirementsApplicable Laws, (ev) as 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 condition written notice from Landlord at least fifteen (15) days prior to permitting the installation expiration of new Linesthe Lease authorizing such Lines to remain in place, Landlord may require that Tenant remove existing in which event the Lines located in or serving shall be surrendered with the Premises and repair any damage in connection with such removalupon the expiration or earlier termination of this Lease, and (fvi) Tenant shall pay all costs in connection with the foregoingtherewith. 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 Applicable Laws or represent a dangerous or potentially dangerous condition. In addition, 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 sooner earlier termination of this Lease, provided Landlord notifies . In the event that Tenant prior desires access to or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed the Building risers in connection with the exercise of its rights pursuant to this Section shallparagraph, at then Tenant shall be required to utilize the services of 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 Section, Landlord may, after ten (10) 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 Governmental Requirements)designated Building riser management company.

Appears in 1 contract

Samples: Office Lease (Forrester Research, Inc.)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the "Lines") at the Project Property in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 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 ProjectProperty, as determined in Landlord’s 's reasonable opinion, (cd) 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, (d) 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 removalPremises, and (f) Tenant shall pay all costs in connection with the foregoingtherewith. 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 Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) business days after written notice. In additionLandlord 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) 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 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 Premises upon termination of this Lease. Notwithstanding anything, to the contrary contained in Article 12, 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 have a reasonable period of time to complete such removal. Any Lines not required to be removed pursuant to this Section Article shall, at Landlord’s '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 SectionArticle, Landlord may, after ten twenty (1020) days’ days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s 's expense (without limiting Landlord’s 's other remedies available under this Lease or Governmental Requirementsapplicable 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 the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties 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. Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the "Lines") at the Project Property in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 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 ProjectProperty, as determined in Landlord’s 's reasonable opinion, (cd) 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, (d) 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 Premises, (f) Tenant's rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (fg) Tenant shall pay all costs in connection with the foregoingtherewith. 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 Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. In additionNotwithstanding any of the foregoing to the contrary, Tenant may install, maintain, replace, remove or use any Lines within and solely serving Tenant's Premises where same shall not impact Landlord's or other tenant's use of the Lines at the Property in any way (including, without limitation, utilization of more than a fair allocation by Tenant of the Building and Property's riser capacity) without Landlord's prior consent, provided Tenant shall notify Landlord of any such work in writing within thirty (30) days of such work (or on some other periodic basis chosen by Landlord and requested of Tenant in writing). 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) 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 finance charges) over the period of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article 13, 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. Any Lines not required to be removed pursuant to this Section Article shall, at Landlord’s '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 SectionArticle, Landlord may, after ten twenty (1020) days’ days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s 's expense (without limiting Landlord’s 's other remedies available under this Lease or Governmental Requirementsapplicable 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 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, 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 (Peapod Inc)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the "Lines") at the Project Property in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 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 ProjectProperty, as determined in Landlord’s 's reasonable opinion, (cd) 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, (d) 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 Premises, (f) Tenant's rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (fg) Tenant shall pay all costs in connection with the foregoingtherewith. 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 Governmental Requirements Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. In additionLandlord 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) 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 finance charges) over the period of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article 13, 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. Any Lines not required to be removed pursuant to this Section Article shall, at Landlord’s '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 SectionArticle, Landlord may, after ten twenty (1020) days’ days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s 's expense (without limiting Landlord’s 's other remedies available under this Lease or Governmental Requirementsapplicable 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 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 requirement, 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. Tenant may install, maintain, ----------------------------------- replace, remove or use any communications or computer wires and cables (collectively, the "Lines") at the Project in or serving the Premises, provided that ----- that (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this Lease, (b) 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, (c) the Lines therefor (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (dc) 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 (fd) Tenant shall pay all costs in connection with 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. In 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. Any Lines not required to be removed pursuant to this Section shall, at Landlord’s '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 Section, Landlord may, after ten (10) days' written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s 's expense (without limiting Landlord’s 's other remedies available under this Lease or Governmental Requirements).

Appears in 1 contract

Samples: Lease (Ydi Wireless Inc)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the “Lines”"LINES") at the Project Property in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 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 ProjectProperty, as determined in Landlord’s 's reasonable opinion, (cd) 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, (d) any new or existing Lines servicing the Premises shall comply with all Governmental Requirements, (e) as a condition Tenant's rights shall be subject to permitting the installation rights 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 removalregulated telephone company, and (f) Tenant shall pay all costs in connection with therewith. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the foregoingProperty. 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 Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within ten (10) days after written notice. In additionLandlord 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) 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 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 expiration or sooner Article 25. Upon termination of this Lease, provided Landlord notifies any Lines owned by Tenant prior to or within thirty (30) days following such expiration or sooner termination. Any Lines and not required to be removed pursuant to this Section by Tenant shall, at Landlord’s '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 SectionArticle, Landlord may, after ten twenty (1020) days’ days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s 's expense (without limiting Landlord’s 's other remedies available under this Lease or Governmental Requirementsapplicable 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 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, 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 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 (Participate Com Inc)

Communications and Computer Lines. A. Tenant may shall 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 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 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, its agents or employees; provided that in no event shall any such interruption, damage or interference entitle Tenant to any consequential damages (including damages for loss of business) or relieve Tenant of any of its obligations under this Lease. Landlord reserves the right to limit the number of local exchange carriers and competitive alternative telecommunications providers (collectively "TSPs") having access to the Building's riser system and infrastructure, and Landlord reserves the right to charge TSPs for the use of Landlord's telecommunications riser system and infrastructure; provided, however, in all cases, Landlord will provide Building and riser access to at least one TSP for dial tone telecommunications service to tenants of the Building. B. Tenant may, in a manner consistent with the provisions and requirements of this Lease, including subparagraph A above, install, maintain, replace, remove or use any communications or computer wires wires, cable and cables related devices (collectively, collectively the "Lines") at the Project in or serving the Premises, provided that provided: (a) Tenant shall obtain obtains Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing which consent may be conditioned as required 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 acceptable number electromagnetic field exceeding the normal insulation ratings of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Projectordinary twisted pair riser cable or cause radiation higher than normal background radiation, as determined in Landlord’s reasonable opinion, (c) the Lines therefor (including riser cables) shall must be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (c) Tenant may not install "mini" satellite dishes (e.g., Direct TV) in the Premises, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) 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 will pay all costs in connection with the foregoingtherewith. 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. C. Landlord may, but is not obligated to: (i) install new Lines in the Building, and (ii) create additional space for Lines in the Building, and adopt reasonable and uniform rules and regulations with respect to the Lines. D. Tenant may not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and any such security interest or lien granted without Lxxxxxxx's written consent is null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord has 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 which are at (z) any time in violation shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of any Governmental Requirements or represent a dangerous or potentially dangerous condition. In addition, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for other tenants or occupants at the Property. Under no circumstances will any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant within for abatement of Rent, or serving relieve Tenant from performance of Tenant's obligations under this Lease. Landlord will in no event be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. E. Upon the Premises upon expiration or sooner earlier termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed pursuant to this Section shallshall remove, at Landlord’s option, become the property of Landlord its sole cost and expense (without payment and by installers approved by Landlord). If , all telecommunications lines and cabling within the Premises and/or exclusively serving the Premises. F. Xxxxxx releases Landlord and waives any and all claims for damages, losses and expenses against Landlord arising from or relating to any interruption or failure to furnish or maintain telecommunications services; no interruption of telecommunication service shall constitute a constructive eviction or entitle Tenant fails to remove such Lines as required by Landlord, or violates any other provision an abatement of this Section, Landlord may, after ten (10) 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 Governmental Requirements)Rent.

Appears in 1 contract

Samples: Office Lease (Bf Enterprises Inc)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the “Lines”) at the Project in or serving the Premises, provided that provided: (ai) Tenant shall obtain Landlord’s prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 8 above; (ii) 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; (biii) 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, (c) the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and ; (v) Tenant’s rights shall be surrounded by a protective conduit reasonably acceptable subject to Landlord, (d) the rights of 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, regulated telephone company; and (fvi) Tenant shall pay all costs in connection with therewith. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the foregoingProject. 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 Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. In additionLandlord may (but shall not have the obligation to): (A) install new Lines at the Project; (B) create additional space for Lines at the Project; and (C) 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 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 15 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 expiration or sooner termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed pursuant to this Section 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 SectionArticle 28, Landlord may, after ten twenty (1020) days’ 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 Governmental Requirementsapplicable 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 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 the following (collectively called “Line Problems”): (1) any eavesdropping or wire-tapping by unauthorized parties, (2) any failure of any Lines to satisfy Tenant’s requirements, or (3) 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 Project, 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 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. (A) Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the "Lines") at the Project Property in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 10, (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 ProjectProperty, as determined in Landlord’s 's reasonable opinion, (cd) 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, (d) 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 Premises, (f) Tenant's rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (fg) Tenant shall pay all costs in connection with the foregoingtherewith. 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 or become at any time in violation of any Governmental Requirements Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. (B) 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) reasonably direct, monitor and/or supervise the installation. In additionmaintenance, 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 26 (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 finance charges) over the period of time prescribed by Paragraph (H)(ii) of Article 26. (C) Notwithstanding anything to the contrary contained in Article 22, 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 terminationthereof at the time Landlord approves the installation. Any Lines not required to be removed pursuant to May 7, 1999 this Section Article shall, at Landlord’s 's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines lines as required by Landlord, or violates any other provision of this SectionArticle, Landlord may, after ten twenty (1020) days' written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s 's expense (without limiting Landlord’s 's other remedies available under this Lease or Governmental Requirementsapplicable 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 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 grossly 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 of 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 (Art Technology Group Inc)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires and cables (collectively, the "Lines") at the Project in or serving the Premises, provided that (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this Lease, (b) 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 's reasonable opinion, (c) the Lines therefor (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Lines servicing the Premises shall comply with all Governmental Requirements, and (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 with 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. In addition, Landlord reserves the right to require that Tenant shall 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. Any Lines not required to be removed pursuant to this Section 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 Section, Landlord may, after ten (10) 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 Governmental Requirements).

Appears in 1 contract

Samples: Lease (Trimble Navigation LTD /Ca/)

Communications and Computer Lines. 27.01 Tenant may may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the "Lines") at the Project Building in or serving the Premises, provided that ; provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing which consent may reasonably be conditioned as required 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 acceptable number electromagnetic field exceeding the normal insulation ratings of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Projectordinary twisted pair riser cable or cause radiation higher than normal background radiation, 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, (d) 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 (fc) Tenant shall pay all costs in connection with the foregoingtherewith. 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 at the property, or which are and (ii) create additional space for Lines at any time the property, and adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in violation of any Governmental Requirements or represent a dangerous or potentially dangerous condition. In additionArticle 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. Tenant shall not, provided Landlord notifies Tenant without the prior to or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed pursuant to this Section shall, at Landlord’s option, become the property written consent of Landlord in each instance, grant to any third party a security interest or lien in or 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 (without payment collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by Landlord). If Tenant fails unauthorized parties, (y) any failure of any Lines to remove such Lines as required by Landlordsatisfy Tenant's requirements, or violates (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 provision tenants or occupants at the property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of this Section, Landlord may, after ten (10) days’ written notice to Tenant, remove such Lines render Landlord liable to Tenant for abatement of Rent, or remedy such other violation, at relieve Tenant from performance of Tenant’s expense (without limiting Landlord’s other remedies available 's obligations under this Lease Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or Governmental Requirements).other consequential damage arising from any Line Problems. -41-

Appears in 1 contract

Samples: Industrial Lease (Apertus Technologies Inc)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the "Lines") at the Project Property in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 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 ProjectProperty, as determined in Landlord’s 's reasonable opinion, (cd) 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, (d) 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 Premises, (f) Tenant's rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (fg) Tenant shall pay all costs in connection with the foregoingtherewith. 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 Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. In additionLandlord 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) 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 finance charges) over the period of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article 13, 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. Any Lines not required to be removed pursuant to this Section Article shall, at Landlord’s '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 SectionArticle, Landlord may, after ten twenty (1020) days’ days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s 's expense (without limiting Landlord’s 's other remedies available under this Lease or Governmental Requirementsapplicable 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 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, 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 (National Financial Partners Corp)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the "Lines") at the Project Property in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 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, (bc) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the ProjectProperty, as determined in Landlord’s 's reasonable opinion, (cd) 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, (d) 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 Premises, (f) Tenant's rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (fg) Tenant shall pay all costs in connection with the foregoingtherewith. 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 Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. In additionLandlord 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) 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 finance charges) over the period of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article 13, 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. Any Lines not required to be removed pursuant to this Section Article shall, at Landlord’s '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 Section, Article Landlord may, after ten twenty (1020) days’ days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s 's expense (without limiting Landlord’s 's other remedies available under this Lease or Governmental Requirementsapplicable 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 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, 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 (Industrial Training Corp)

Communications and Computer Lines. Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the "Lines") at the Project Property in or serving the Premises, provided that provided: (a) Tenant shall obtain Landlord’s 's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 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 ProjectProperty, as determined in Landlord’s 's reasonable opinion, (cd) 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, (d) 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 Premises, (f) Tenant's rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (fg) Tenant shall pay all costs in connection with the foregoingtherewith. 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 laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. In additionLandlord 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) 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 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 finance charges) over the period of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article 13, 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. Any Lines not required to be removed pursuant to this Section Article shall, at Landlord’s '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 SectionArticle, Landlord may, after ten twenty (1020) days’ days written notice to Tenant, remove such Lines or remedy such other violation, violation at Tenant’s 's expense (without limiting Landlord’s 's other remedies available under this Lease or Governmental Requirementsapplicable 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 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, 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 (Southern Community Bancorp)

Communications and Computer Lines. Subject to Tenant’s rights in Section 1.1, Tenant may install, maintain, replace, remove or use any communications or computer wires wires, cables and cables related devices (collectively, collectively the “Lines”) at the Project Real Property in or serving the Premises, provided that provided: (ai) Tenant shall obtain Landlord’s prior written consentconsent for the installation of the same, use an experienced and qualified contractor reasonably approved in writing by Landlord, and comply with all of the other provisions of this LeaseArticle 8 above; (ii) 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; (biii) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the ProjectReal 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, (c) the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and ; (v) Tenant’s rights shall be surrounded by a protective conduit reasonably acceptable subject to Landlord, (d) the rights of 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, regulated telephone company; and (fvi) Tenant shall pay all costs in connection with therewith as to its Lines. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the foregoingReal 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 Governmental Requirements Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. In additionAt Landlord’s sole cost and expense, and in no event shall Tenant’s Lines be reduced, Landlord reserves may (but shall not have the obligation to): (A) install new Lines at the Real Property; (B) create additional space for Lines at the Real Property; and (C) 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 Real Property by Landlord, Tenant or any other party (but Landlord 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 expiration or sooner termination of this LeaseLease unless Tenant exercises its right to terminate the Lease under Rider No. 5, provided to reduce the size of the Premises under Rider No. 4 attached hereto, or if Landlord notifies terminates the Lease due to a Tenant prior to or within thirty (30) days following Event of Default, in which case Tenant shall, at Tenant’s sole cost and expense, remove such Lines upon the expiration or sooner terminationearlier termination of the Lease. Any Lines not required to be removed pursuant to this Section 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 Sectionin accordance with the immediately preceding sentence, Landlord may, after ten twenty (1020) days’ 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 Governmental Requirementsapplicable 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 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 the following (collectively called “Line Problems”): (1) any eavesdropping or wire-tapping by unauthorized parties, (2) any failure of any Lines to satisfy Tenant’s requirements, or (3) 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 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.)

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