Communications Equipment. Subject to obtaining Landlord's consent, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant shall have the right to install satellite transmission and receiving dishes, antennas and devices (collectively, "Tenant's Roof Equipment") on the roof of the Building for its own use (including the use of permitted sublessees) provided (a) Tenant complies with all local, state and federal laws pertaining to the installation, maintenance, operation, removal and replacement of any of Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates to the roof of the Building, (c) Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenant, at its sole cost and expense, shall maintain the Tenant's Roof Equipment and adequate insurance thereon, (f) in the event of any damage caused to the Building (including, without limitation, the roof or any exterior portions thereof) by reason of the installation, maintenance, operation, removal or replacement of any of Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs and expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove Tenant's Roof Equipment upon the expiration or sooner termination of the Term of this Lease, and (i) in the event of any resulting damage to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1) promptly repair such damage and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage and making such restoration and (i) the installation and operation of Tenant's Roof Equipment does not adversely affect the operation of any equipment on the roof of the Building pre-dating the installation of Tenant's Roof Equipment. The rights granted to Tenant pursuant to this Article 12H are not separately transferable and shall only be used by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Lease.
Appears in 2 contracts
Samples: Lease (Archemix Corp.), Office Lease (Archemix Corp.)
Communications Equipment. 30.1 Subject to obtaining all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord's consent) shall have the non-exclusive right and access to install, which consent repair, replace, remove, operate and maintain up to one (1) so-called “satellite dish” or another similar device, such as an antenna no greater than thirty-six (36) inches in diameter and weighing no more than fifty (50) pounds, together with all cable, wiring, conduits and related equipment (collectively, “Communication Equipment”), for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, to the extent reasonably necessary to support Tenant’s use of the Premises, at a location on the roof of the Building designated by Landlord and reasonably approved by Tenant; provided, however, in no event shall not Tenant be unreasonably withheldpermitted to use an area of the roof of the Building in excess of its proportionate share of the Landlord determined usable area of the roof of the Building, conditioned as such proportionate share shall be calculated based on the rentable square footage of the Building then occupied by Tenant. There shall be no rental charge, license fee or delayedsimilar charge to Tenant for the right to install and maintain such Communication Equipment at the Building during the initial Lease Term or any extension thereof. Further, Tenant shall have the right to install satellite transmission and receiving dishesof access, antennas and devices (collectivelyconsistent with this Article 30, "Tenant's Roof Equipment") on the roof of the Building for its own use (including the use of permitted sublessees) provided (a) Tenant complies with all local, state and federal laws pertaining to the installationarea where the Communication Equipment is located for *** Confidential portions of this document have been redacted and filed separately with the Commission. the purposes of maintaining, maintenancerepairing, operation, removal testing and replacement of replacing the same. Landlord shall have the right to require Tenant to relocate the Communication Equipment at any of Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates time to another location on the roof of the Building, (c) Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as location is reasonably acceptable to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over . Unless Landlord elects to perform such activities, (e) penetrations at Tenant, at its ’s sole cost and expense, Tenant shall maintain the Tenant's Roof Equipment retain Landlord’s designated roofing contractor to make any necessary penetrations and adequate insurance thereon, (f) in the event of any damage caused associated repairs to the Building (including, without limitation, the roof or any exterior portions thereof) by reason of the installation, maintenance, operation, removal or replacement of any of in order to preserve Landlord’s roof warranty. Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs and expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove Tenant's Roof Equipment upon the expiration or sooner termination of the Term of this Lease, and (i) in the event of any resulting damage to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1) promptly repair such damage and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage and making such restoration and (i) the ’s installation and operation of Tenant's Roof the Communication Equipment does not adversely affect shall be governed by the operation of any equipment on the roof of the Building pre-dating the installation of Tenant's Roof Equipment. The rights granted to Tenant pursuant to this Article 12H are not separately transferable following terms and shall only be used by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Lease.conditions:
Appears in 1 contract
Communications Equipment. Subject to obtaining Landlord's consentreview and prior written approval, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant TENANT shall at all times during the Term of this Lease and any Renewals thereof, have the right to install satellite transmission use the Building's shafts for conduits between the Premises and receiving dishes, antennas and devices (collectively, "Tenant's Roof Equipment") on the roof of the Building for its own the installation and maintenance of conduits and cables to extend to communications equipment located or to be located on the roof. Further, subject to Landlord's prior written approval (not to be unreasonably withheld) of the size, location and the plans and specifications therefor, Tenant shall have the right at all times, and at no additional rental, to install and operate microwave or satellite dishes or other antenna communications system on the roof of the Building. The use (including of such conduits and roof for communications equipment by Tenant is included in the definition of the Premises. No additional rent or expense may be charged to Tenant for the use of permitted sublessees) provided (a) such conduits and roof for communications purposes. Landlord's approval rights may include without limitation, review and approval of all plans and specifications for the equipment, procedures and personnel with respect to installation, maintenance, and operation. Use of such roof space shall be subject to Tenant's obtaining such insurance coverage as Landlord shall reasonably require. At the expiration or earlier termination of the Lease, Tenant, at its expense, shall remove the communications equipment. Any work required to restore the roof or any other part of the Building from any damage occasioned by the installation, maintenance or removal of the communications equipment shall be borne by Tenant. Tenant complies with shall indemnify and hold harmless Landlord from all localcosts, state damages expenses, liabilities, and federal laws pertaining suits, including reasonable attorneys' fees, occasioned by Tenant's installation, maintenance, removal or use of the communications equipment, including without limitation, any damage to Property and/or injury or death to persons caused thereby from the installation, maintenance, and operation, removal and replacement of any of Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates to the roof of the Building, (c) Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenant, at its sole cost and expense, shall maintain the Tenant's Roof Equipment and adequate insurance thereon, (f) in the event of any damage caused to the Building (including, without limitation, the roof or any exterior portions thereof) by reason of the . The installation, maintenance, operationrelocation, and removal or replacement of any the communications equipment will be performed in such a manner as not to interfere with the operation of the Project and in a manner that will not cause interference with the use of other tenants in the Project of their electronic devices that were installed prior to Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair such damage; or (2) promptly reimburse installation. Landlord for reasonable out-of-pocket costs agrees that Landlord will require other tenants who sign leases after the date hereof and expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove who install communications equipment after Tenant's Roof Equipment upon the expiration or sooner termination of the Term of this Lease, and (i) in the event of any resulting damage to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1) promptly repair such damage and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear to install, maintain and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord operate such equipment in repairing such damage and making such restoration and (i) the installation a manner that will not interfere with Tenant's use and operation of Tenant's Roof Equipment does not adversely affect the operation of any equipment on the roof of the Building pre-dating the installation of Tenant's Roof Equipmentits communications equipment. The rights granted to Tenant pursuant to this Article 12H are not separately transferable and shall only be used by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Lease.All
Appears in 1 contract
Communications Equipment. Subject to obtaining Landlord's consent, which consent shall not be unreasonably withheld, conditioned or delayed, Landlord and Tenant shall have the right to install satellite transmission and receiving dishes, antennas and devices (collectively, "Tenant's Roof Equipment") agreeing on the roof of the Building ------------------------ a reasonably monthly fee for its own use (including the use of permitted sublessees) provided (a) Tenant complies with all localthereof, state and federal laws pertaining to the installation, maintenance, operation, removal and replacement of any of Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates to the roof of the Building, (c) Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenant, at its sole cost and expense, shall maintain have the non-exclusive right (it being understood that Landlord may grant, extend or renew similar rights to others provided that the exercise of any rights which are granted after Tenant has installed its Dish do not interfere with the rights granted to Tenant hereunder) to install, maintain, and from time to time replace certain satellite dishes, PCS antennas and related equipment (collectively, a "Dish") on the roof of the Building, provided that prior to commencing any installation or maintenance, Tenant shall (i) obtain Landlord's prior approval of the proposed size, weight and location of the Dish and method for fastening the Dish to the roof, (ii) such installation and/or replacement shall comply strictly with all laws and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) use the Dish solely for its non-revenue producing use, and (iv) obtain, at Tenant's Roof Equipment sole cost and adequate insurance thereonexpense, (f) any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to Landlord. Landlord may supervise or perform any roof penetration related to the installation of a Dish, and Landlord may charge the reasonable, out-of-pocket cost thereof to Tenant. Tenant agrees that all installation, construction and maintenance shall be performed in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements as shall be imposed by Landlord. Tenant further agrees to label each cable or wire placed by Tenant in the event telecommunications pathways of the Building, with identification information as required by Landlord. Tenant shall repair any damage caused to the Building caused by Tenant's installation, maintenance, replacement, use or removal of the Dish. The Dish shall remain the property of Tenant, and Tenant may remove the Dish at its cost at any time during the Term. Tenant shall remove the Dish at Tenant's cost and expense upon the expiration or termination of this Lease. Tenant agrees that the Dish, and any wires, cables or connections relating thereto, and the installation, maintenance and operation thereof shall in no way interfere with the use and enjoyment of the Building, or the operation of communications (including, without limitation, other satellite dishes) or computer devices by Landlord or by other tenants or occupants of the roof Newport Corporate Center. If such interference shall occur, Landlord shall give Tenant written notice thereof and Tenant shall correct the same within twenty- four (24) hours of receipt of such notice. Landlord reserves the right to disconnect power to any Dish if Tenant fails to correct such interference within twenty-four (24) hours after such notice. Landlord makes no warranty or representation that the Building or any exterior portions thereof are suitable for the use of a Dish, it being assumed that Tenant has satisfied itself thereof) . Tenant shall protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including reasonable attorneys' fees, incurred by reason or asserted against Landlord arising out of the Tenant's installation, maintenance, operationreplacement, use or removal or replacement of any of Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs and expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove Tenant's Roof Equipment upon the expiration or sooner termination of the Term of this Lease, and (i) in the event of any resulting damage to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1) promptly repair such damage and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage and making such restoration and (i) the installation and operation of Tenant's Roof Equipment does not adversely affect the operation of any equipment on the roof of the Building pre-dating the installation of Tenant's Roof Equipment. The rights granted to Tenant pursuant to this Article 12H are not separately transferable and shall only be used by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this LeaseDish.
Appears in 1 contract
Samples: Mercata Inc
Communications Equipment. Subject to obtaining Landlord's consent, which consent shall not be unreasonably withheld, conditioned or delayedthe requirements of this Paragraph 5.3, Tenant shall have the right to install satellite transmission may install, maintain and receiving dishesoperate, antennas and devices (collectively, "at Tenant's Roof sole cost and expense, one communications dish (not to exceed 3 feet in diameter) and related equipment and support structures (collectively the "Communications Equipment") on the roof of the Building for in an area as Landlord may in its own use (including reasonable discretion designate and run a cable therefrom into the Premises through conduit space provided by Landlord in such locations as Landlord may in its sole and absolute discretion designate. Tenant acknowledges that Tenant's use of permitted sublessees) provided (a) Tenant complies with all local, state and federal laws pertaining to the installation, maintenance, operation, removal and replacement of any of Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates to the roof of the BuildingBuilding is a non-exclusive use and Landlord may permit any person or entity, including themselves, to use any other portion of the roof of the Building for any use. Tenant hereby covenants and agrees that: (ci) the installation of the Communications Equipment shall be approved by Landlord, which approval may be withheld by Landlord in its reasonable discretion; (ii) if Landlord's structural engineer recommends that there be structural reinforcement of the roof of the Building in connection with the installation of the Communications Equipment, Tenant shall, prior to any installation of the Communications Equipment, perform the same at Tenant's sole cost and expense in accordance with plans and specifications approved by Landlord: (iii) such installation (including, without limitation, any structural reinforcements performed in connection therewith) shall be performed in compliance with all of the provisions of this Lease applicable to alterations by Tenant; (iv) Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenantshall, at its sole cost and expense, shall comply with all applicable laws, statures, ordinances or governmental laws, rules, regulations or requirements of duly constituted public authorities now in force or which may hereafter be in force (collectively, "Laws") and procure and maintain all necessary permits and approvals required therefor (Tenant hereby acknowledging that Landlord is making no representations as to the Tenant's Roof Equipment and adequate insurance thereon, (f) in the event permissibility of any Communications Equipment on the roof of the Building by any governmental authority having jurisdiction thereof); (v) Tenant shall promptly repair any damage (whether structural or non-structural) caused to the roof or any other portion of the Building or its fixtures, equipment and appurtenances by reason of the installation, maintenance or operation of the Communications Equipment; (vi) the installation, operation and maintenance of the Communications Equipment shall not interfere with the operation and maintenance of any installations existing on the date Tenant installs the Communications Equipment; (vii) if Tenant's installation, operation or maintenance of the Communications Equipment shall interfere with Landlord's rights (including, without limitation, the roof or any exterior portions thereof) by reason of the installation, maintenance, operation, removal or replacement of any of Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs and expenses incurred by Landlord in repairing such damage; (g) Tenant shall right to use such contractors and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove Tenant's Roof Equipment upon the expiration or sooner termination remainder of the Term of this Lease, and (i) in the event of any resulting damage to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1) promptly repair such damage and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage and making such restoration and (i) the installation and operation of Tenant's Roof Equipment does not adversely affect the operation of any equipment on the roof of the Building pre-dating the installation of Tenant's Roof Equipment. The rights granted to Tenant pursuant to this Article 12H are not separately transferable and shall only be used by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Lease.Building
Appears in 1 contract
Communications Equipment. Subject 26.1 Tenant may install, free of charge (with the right to obtaining collect and retain any income that may be derived therefrom), at its sole cost, risk and expense, satellite dishes, antennas and communications equipment (the "COMMUNICATIONS EQUIPMENT") on the roof of the Building and/or on portions of the Land (for so long as such portions of the Land remain subject to this Lease), in an amount and of a type determined by Tenant, subject to Tenant's compliance with the Approved Site Plan and all other Legal Requirements and subject further to Landlord's consentprior written approval of location, placement, plans and specifications for the Communications Equipment and the type and placement of all cabling and wiring ancillary thereto, all of which consent Landlord approvals shall not be unreasonably withheld, conditioned or delayed. Landlord makes no representation concerning the suitability of the rooftop or the Land as a location for the Communications Equipment, and Landlord's approval of Tenant's plans and specifications shall in no event be construed as constituting such a representation. Tenant shall be responsible for obtaining and maintaining all approvals, permits and licenses required by any federal, state or local government for installation and operation of the Communications Equipment and for paying all fees attendant thereto and for complying with all other Legal Requirements relating to the Communications Equipment. If the Communications Equipment is installed, Tenant shall have sole responsibility for the maintenance, repair and replacement thereof and of all cabling and wiring ancillary thereto. Tenant shall coordinate with Landlord's property manager concerning any penetration of the roof or the exterior facade of the Building, and shall in no event take any action that will void any then-existing roof warranty. All repairs to the Building made necessary by reason of the furnishing, installation, maintenance, operation or removal of the Communications Equipment or any replacements thereof shall be at Tenant's sole cost. Upon expiration or termination of this Lease, Tenant agrees that it will remove, forthwith, the Communications Equipment (but not the wiring or accessories) and shall repair any damage to the Building caused by the installation or removal of the Communications Equipment and related equipment. In the event Tenant fails to remove the Communications Equipment, Landlord may remove and dispose of such Communications Equipment and charge Tenant the entire reasonable cost thereof. Tenant's Communications Equipment shall not interfere with the structure of the Building, any of the building systems, or, at any time that Tenant is not the sole lessee of the Building, the equipment (including airwaves reception and other equipment) of any other tenant in the Building who shall have similar rights to maintain Communications Equipment and shall have exercised those rights prior to the exercise thereof by Tenant hereunder. Any such similar rights granted to any other tenant shall similarly restrict such other tenant's Communications Equipment from interfering with Tenant's Communications Equipment. Landlord shall enforce all such restrictions. If Tenant ceases at any time to be the sole tenant of the Building, Tenant's rights pursuant to this Section 26.1 shall be non-exclusive. Landlord shall have no liability on account of any damage to or interference with the operation of the Communications Equipment by any third party. Notwithstanding the foregoing, Landlord agrees that it will manage the available space on the rooftop so as to accommodate Tenant's needs with respect to the Communications Equipment to the greatest extent reasonably possible, including requesting that other tenants or rooftop users relocate their equipment if such relocation is necessary to enable Tenant to operate its Communications Equipment. Landlord shall have the right to install satellite transmission and receiving dishes, antennas and devices (collectively, "Tenant's Roof Equipment") on require Tenant to relocate the roof of the Building for its own use (including the use of permitted sublessees) provided (a) Tenant complies with all local, state and federal laws pertaining to the installation, maintenance, operation, removal and replacement of any of Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates to the roof of the Building, (c) Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenant, at its sole cost and expense, shall maintain the Tenant's Roof Communications Equipment and adequate insurance thereon, (f) in the event of any damage caused to the Building (including, without limitation, the roof or any exterior portions thereof) by reason of the installation, maintenance, operation, removal or replacement of any of Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair cost to another suitable location on the rooftop reasonably acceptable to Tenant, provided such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs relocation can be done at a time and expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors a manner that only minimally and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove temporarily interferes with Tenant's Roof Equipment upon the expiration or sooner termination use of the Term of this Lease, and (i) in the event of any resulting damage to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1) promptly repair such damage and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage and making such restoration and (i) the installation and operation of Tenant's Roof Equipment does not adversely affect the operation of any equipment on the roof of the Building pre-dating the installation of Tenant's Roof Communications Equipment. The rights granted to Tenant pursuant to this Article 12H are not separately transferable and shall only be used by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Lease.
Appears in 1 contract
Samples: Deed of Lease Agreement (Orbital Sciences Corp /De/)
Communications Equipment. Subject 25.1 Tenant may install, free of charge, at its sole cost, risk and expense, satellite dishes and communications equipment (the “Communications Equipment”) on the roof of the Building and on the Land in an amount and of a type mutually agreed to obtaining by Landlord and Tenant and subject to Landlord's consent’s prior written approval of plans and specifications for the Communications Equipment, the location of Communication Equipment on the Land and the type, location and placement of all cabling and wiring ancillary thereto, which consent approval shall not be unreasonably withheldwithheld and, conditioned or delayedwith respect to rooftop Communications Equipment, shall be limited to matters affecting the structure of the Building, and the integrity of the roof and the Building systems. In connection with the installation of any such Communications Equipment on the roof, Tenant shall have the right to install satellite transmission and receiving dishes, antennas and devices (collectively, "Tenant's Roof Equipment") a ladder on the roof exterior of the Building to provide access to the roof.. Landlord makes no representation concerning the suitability of the rooftop as a location for its own use (including Tenant’s Communications Equipment, and Landlord’s approval of Tenant’s plans and specifications shall in no event be construed as constituting such a representation. Tenant shall be responsible for obtaining and maintaining all approvals, permits and licenses required by any federal, state or local government for installation and operation of the use of permitted sublessees) provided (a) Tenant complies Communications Equipment and for paying all fees attendant thereto and for complying with all local, state and federal laws pertaining other Legal Requirements relating to the Communications Equipment. If the Communications Equipment is installed, Tenant shall have sole responsibility for the maintenance, repair and replacement thereof and of all cabling and wiring ancillary thereto. Tenant shall coordinate with Landlord’s property manager concerning any penetration of the roof or the exterior façade of the Building, and shall in no event take any action that will void any then-existing roof warranty. All repairs to the Building made necessary by reason of the furnishing, installation, maintenance, operationoperation or removal of the Communications Equipment or any replacements thereof shall be at Tenant’s sole cost. Upon expiration or termination of this Lease, Tenant shall have the option of leaving the Communications Equipment and any wiring or accessories associated with the Communications Equipment in place or removing the Communications Equipment and ancillary wiring and accessories and in the event of such removal and replacement of shall repair any of Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates damage to the roof Building or Land caused by the installation or removal of the Communications Equipment and related equipment. Tenant’s Communications Equipment shall not interfere with the structure of the Building, any of the building systems, or the equipment (cincluding airwaves reception and other equipment) Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenant, at its sole cost and expense, shall maintain the Tenant's Roof Equipment and adequate insurance thereon, (f) other tenant in the event Building. Tenant’s rights pursuant to this Section 27.1 shall be non-exclusive except with respect to rooftop Communications Equipment. Landlord shall have no liability on account of any damage caused to the Building (including, without limitation, the roof or any exterior portions thereof) by reason of the installation, maintenance, operation, removal or replacement of any of Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs and expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove Tenant's Roof Equipment upon the expiration or sooner termination of the Term of this Lease, and (i) in the event of any resulting damage to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1) promptly repair such damage and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage and making such restoration and (i) the installation and operation of Tenant's Roof Equipment does not adversely affect interference with the operation of the Communications Equipment by any equipment on the roof of the Building pre-dating the installation of Tenant's Roof Equipment. The rights granted to Tenant pursuant to this Article 12H are not separately transferable and shall only be used by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Leasethird party.
Appears in 1 contract
Samples: Equinix Inc
Communications Equipment. (a) Subject to obtaining the provisions of this Section 3.6, Tenant shall have the right, at its sole cost and expense and for its use, to install, maintain and operate in the area of the Building roof shown on Exhibit B attached hereto (the "Communications Area") terrestrial communication dishes, not to exceed two (2) feet in diameter, and rooftop communication antennae, not to exceed ten (10) feet in height, which shall be subject to Landlord's consentapproval, which consent approval shall not be unreasonably withheld, conditioned for use by Tenant in the conduct of its business (the "Communications Equipment"); provided, however, (i) such Communications Equipment may not extend beyond the boundaries of the Communications Area and may not compromise the aesthetics or delayedappearance of the Complex in Landlord's reasonable discretion, (ii) Landlord shall not be obligated to incur any expense in accommodating the Communications Equipment which is not included in the Project Costs, and (iii) such Communications Equipment cannot interfere with any other equipment then located elsewhere within the Complex. Tenant agrees that Landlord shall be permitted to design and erect visual barriers around the Communications Equipment, the costs of which (other than the cost of constructing the Base Building Improvements, such as the Building parapet and curtain walls, but only to the extent such Base Building Improvements would have been installed by Landlord if the Communications Equipment were not located on the Building roof) shall be borne entirely by Tenant, provided such barriers do not materially interfere with the function of the Communications Equipment. Notwithstanding the foregoing, upon Landlord's request, Tenant shall have agrees that if at the right to install satellite transmission and receiving dishes, antennas and devices (collectively, "Tenanttime of Landlord's Roof Equipment") request the Communications Equipment is located on the roof of the Building for its own use (including the use of permitted sublessees) provided (a) Tenant complies with all local, state and federal laws pertaining to the installation, maintenance, operation, removal and replacement of any of Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates to the roof of the Building, Tenant (c) Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of at Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenant, at its sole cost and expense, shall maintain the Tenant's Roof Equipment and adequate insurance thereon, (f) in the event of any damage caused to the Building (including, without limitation, the roof will relocate all or any exterior portions thereof) by reason portion of the installation, maintenance, operation, removal or replacement Communications Equipment to another area of any of Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs and expenses incurred the Complex selected by Landlord in repairing and permitted by the REA if (i) such damage; (g) Tenant shall use such contractors and observe such requirements as reasonably relocation is required by Landlord; (h) Tenant shall remove Tenant's Roof Equipment upon the expiration or sooner termination of the Term of this LeaseLegal Requirements, and (iii) in such new location would not materially compromise the event function of any resulting damage to the Building (includingrelocated equipment. Additionally, without limitation notwithstanding the roof or any exterior portions thereof) foregoing, Tenant shall, agrees at Landlord's option (1) promptly repair such damage and restore anytime after Tenant initially installs the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage and making such restoration and (i) the installation and operation of Tenant's Roof Communication Equipment does not adversely affect the operation of any equipment on the roof of the Building pre-dating Building, upon Landlord's request, if at the installation time of Landlord's request the Communications Equipment is not located on the roof of the Building, Tenant (at Landlord's cost and expense) will relocate all or any portion of the Communications Equipment to another area of the Complex selected by Landlord and permitted by the REA if such new location will not materially compromise the function of the relocated equipment; provided, however, that if such relocation is required by Legal Requirements, then, such relocation shall be at Tenant's Roof Equipmentcost and expense. The rights granted If the Communications Equipment is relocated to the roof of the Adjacent Garage, Tenant pursuant shall be obligated to this Article 12H are not separately transferable sign a license agreement with the owners of the Adjacent Garage, and in no event shall only a default by the owner of the Adjacent Garage under any such license agreement be used a default by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of Landlord under this Lease. Tenant agrees to comply with the REA with respect to any relocated Communications Equipment.
Appears in 1 contract
Communications Equipment. Subject Tenant shall, in connection with the operation of its business at the Premises, have a license to obtaining Landlord's consent, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant shall have the right to install place satellite transmission and receiving dishes, antennas antennae and devices related equipment (collectively, "Tenant's Roof collectively the “Communications Equipment"”) on the roof of the Building for its own use (including use. Placement of the use of permitted sublessees) provided (a) Tenant complies Communications Equipment will comply with all localapplicable town, state county, or other jurisdictional zoning ordinances, any and federal laws pertaining all recorded restrictions and any roof warranties. There shall be no charge to Tenant during the Lease Term for the placement of Communications Equipment. The specific location of the Communications Equipment, and the plans and specifications for such equipment and its installation, maintenance, operation, removal and replacement of any of Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates shall be subject to the roof of the Building, (c) Tenant obtains Landlord's ’s prior written consentapproval, which consent shall not be unreasonably withheld, conditioned conditioned, or delayed. Tenant may only access the roof upon at least one (1) business day’s prior written notice to Landlord (except in the instance of an emergency). Landlord shall have the right, as reasonably exercised, to relocate the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenant, Communications Equipment at its Landlord’s sole cost and expense. Upon vacating the Premises, Tenant shall remove the Communications Equipment installed pursuant to this Amendment and shall restore the roof to substantially its condition prior to installation of the Communications Equipment described herein, reasonable wear and tear and casualty damage excepted. With Landlord’s approval as to location and manner of installation, which shall not be unreasonably withheld, conditioned, or delayed, Tenant shall be entitled to install, connect, run, and maintain fiber optic conduits, telephone lines, and other wiring within the Building which shall be reasonably located so as not materially to interfere with other tenants. Tenant's Roof Equipment , Landlord, and adequate insurance thereon, (f) any other tenant or licensee in the event of any damage caused to the Building (includingoperating communications dishes, without limitationantennae, the roof or any exterior portions thereof) by reason of the installation, maintenance, operation, removal or replacement of any of Tenant's Roof Equipment, Tenant shall, at Landlord's option other telecommunications equipment shall (1) promptly repair such damage; or operate their equipment within the technical parameters specified by its manufacturer and/or as defined by the FCC, and (2) promptly reimburse Landlord for reasonable out-of-pocket costs and expenses incurred by Landlord in repairing such damage; (g) Tenant shall not use such contractors and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove Tenant's Roof Equipment upon the expiration or sooner termination any portion of the Term Building in any way which causes radio frequency and/or electrical interference with any equipment of this Lease, and (i) another tenant or licensee operated prior in the event of any resulting damage time to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option interfering equipment and in accordance with subsection (1) promptly repair such damage and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage and making such restoration and (i) the installation and operation of Tenant's Roof Equipment does not adversely affect the operation of any equipment on the roof of the Building pre-dating the installation of Tenant's Roof Equipment. The rights granted to Tenant pursuant to this Article 12H are not separately transferable and shall only be used by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Leasehereof.
Appears in 1 contract
Communications Equipment. Subject Tenant may, at Tenant’s sole cost and expense (except to obtaining the extent such costs are paid with the Finish Allowance as provided in Exhibit “D-1”) and without charge from Landlord's consent, install, operate and maintain antenna and satellite equipment (“Communications Equipment”) on any portion of the roof area of the Building as long as Landlord approves the manner of installation and screening of the equipment (which consent approval shall not be unreasonably withheld). The installation and operation of such equipment must be in compliance with the CCR and all applicable laws, conditioned rules and regulations. Landlord shall not take any actions that would in any way interfere with Tenant’s use of the Communications Equipment or delayedthe transmission or reception of signal. Landlord and its representatives agree to cooperate reasonably with Tenant in connection with obtaining any permit, license, zoning variance, special use permit or other authorization. Landlord also will provide space at no expense to Tenant in the core of the Building necessary to accommodate Tenant’s conduit and other requirements related to such Communications Equipment. Any assignee or sublessee of this Lease or the Premises or a portion thereof shall have the right to use such equipment. Tenant shall have the right to sublease the rights to use such Communications Equipment to affiliates, subtenants, and assignees. Tenant shall not install satellite transmission and receiving dishes, antennas and devices (collectively, "Tenant's Roof Equipment") on any Communications Equipment which would adversely affect or compromise the roof structural integrity of the Building for its own use (including the use of permitted sublessees) provided (a) Tenant complies with all localor if so, state and federal laws pertaining Landlord may construct reinforcements necessary to the installation, maintenance, operation, removal and replacement of any of accommodate same at Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates to the roof of the Building, (c) Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenant, at its sole ’s cost and expense, shall maintain the Tenant's Roof Equipment and adequate insurance thereon, (f) in the event of any damage caused to the Building (including, without limitation, the roof or any exterior portions thereof) by reason of the installation, maintenance, operation, removal or replacement of any of Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs and expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors and observe such requirements as reasonably required by Landlord; (h) ). Tenant shall remove Tenant's Roof all such Communication Equipment upon the expiration or sooner earlier termination of this Lease and repair any damage caused by such removal, all at Tenant’s cost and expense. Landlord shall have the Term of this Leaseright to enter into temporary agreements which allow third parties to install, operate and (i) in the event of any resulting damage to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1) promptly repair such damage and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage and making such restoration and (i) the installation and operation of Tenant's Roof Equipment does not adversely affect the operation of any maintain communications equipment on the roof of the Building pre-dating provided that at such time as the installation location of such third party equipment or the operation thereof interferes with Tenant's Roof ’s Communications Equipment or if Tenant desires to install additional Communications Equipment. The rights granted , Landlord shall upon request of Tenant cause such temporary agreements to Tenant pursuant to this Article 12H are not separately transferable be terminated and shall only be used by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Leasethird party communications equipment removed.
Appears in 1 contract
Samples: Disturbance and Attornment Agreement (I2 Technologies Inc)
Communications Equipment. Subject 26.1 Tenant may install, free of charge (with the right to obtaining collect and retain any income that may he derived therefrom), at its sole cost, risk and expense, satellite dishes, antennas and communications equipment (the "COMMUNICATIONS EQUIPMENT") on the roof of the Building and/or on portions of the Land (for so long as such portions of the Land remain subject to this Lease), in an amount and of a type determined by Tenant, subject to Tenant's compliance with the Approved Site Plan and all other Legal Requirements and subject further to Landlord's consentprior written approval of location, placement, plans and specifications for the Communications Equipment and the type and placement of all cabling and wiring ancillary thereto, all of which consent Landlord approvals shall not be unreasonably withheld, conditioned or delayed. Landlord makes no representation concerning the suitability of the rooftop or the Land as a location for the Communications Equipment, and Landlord's approval of Tenant's plans and specifications shall in no event be construed as constituting such a representation. Tenant shall be responsible for obtaining and maintaining all approvals, permits and licenses required by any federal, state or local government for installation and operation of the Communications Equipment and for paying all fees attendant thereto and for complying with all other Legal Requirements relating to the Communications Equipment. If the Communications Equipment is installed, Tenant shall have sole responsibility for the maintenance, repair and replacement thereof and of all cabling and wiring ancillary thereto. Tenant shall coordinate with Landlord's property manager concerning any penetration of the roof or the exterior facade of the Building, and shall in no event take any action that will void any then-existing roof warranty. All repairs to the Building made necessary by reason of the furnishing, installation, maintenance, operation or removal of the Communications Equipment or any replacements thereof shall be at Tenant's sole cost. Upon expiration or termination of this Lease, Tenant agrees that it will remove, forthwith, the Communications Equipment (but not the wiring or accessories) and shall repair any damage to the Building caused by the installation or removal of the Communications Equipment and related equipment. In the event Tenant fails to remove the Communications Equipment, Landlord may remove and dispose of such Communications Equipment and charge Tenant the entire reasonable cost thereof. Tenant's Communications Equipment shall not interfere with the structure of the Building, any of the building systems, or, at any time that Tenant is not the sole lessee of the Building, the equipment (including airwaves reception and other equipment) of any other tenant in the Building who shall have similar rights to maintain Communications Equipment and shall have exercised those rights prior to the exercise thereof by Tenant hereunder. Any such similar rights granted to any other tenant shall similarly restrict such other tenant's Communications Equipment from interfering with Tenant's Communications Equipment. Landlord shall enforce all such restrictions. If Tenant ceases at any time to be the sole tenant of the Building, Tenant's rights pursuant to this Section 26.1 shall be non-exclusive. Landlord shall have no liability on account of any damage to or interference with the operation of the Communications Equipment by any third party. Notwithstanding the foregoing, Landlord agrees that it will manage the available space on the rooftop so as to accommodate Tenant's needs with respect to the Communications Equipment to the greatest extent reasonably possible, including requesting that other tenants or rooftop users relocate their equipment if such relocation is necessary to enable Tenant to operate its Communications Equipment. Landlord shall have the right to install satellite transmission and receiving dishes, antennas and devices (collectively, "Tenant's Roof Equipment") on requite Tenant to relocate the roof of the Building for its own use (including the use of permitted sublessees) provided (a) Tenant complies with all local, state and federal laws pertaining to the installation, maintenance, operation, removal and replacement of any of Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates to the roof of the Building, (c) Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenant, at its sole cost and expense, shall maintain the Tenant's Roof Communications Equipment and adequate insurance thereon, (f) in the event of any damage caused to the Building (including, without limitation, the roof or any exterior portions thereof) by reason of the installation, maintenance, operation, removal or replacement of any of Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair cost to another suitable location on the rooftop reasonably acceptable to Tenant, provided such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs relocation can be done at a time and expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors a manner that only minimally and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove temporarily interferes with Tenant's Roof Equipment upon the expiration or sooner termination use of the Term of this Lease, and (i) in the event of any resulting damage to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1) promptly repair such damage and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage and making such restoration and (i) the installation and operation of Tenant's Roof Equipment does not adversely affect the operation of any equipment on the roof of the Building pre-dating the installation of Tenant's Roof Communications Equipment. The rights granted to Tenant pursuant to this Article 12H are not separately transferable and shall only be used by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Lease.
Appears in 1 contract
Samples: Deed of Lease Agreement (Orbital Sciences Corp /De/)
Communications Equipment. Subject to obtaining the provisions of the Underlying Lease and the provisions hereof, Subtenant shall have the right to install on portions of the roof (other than Landlord's consentRoof Area (as such term is defined in the Underlying Lease)) Communications Equipment (as such term is defined in the Underlying Lease) solely for use by Subtenant for communications, data and other transmission to and from the Building in connection with Subtenant's conduct of its business as permitted hereunder but for no other purpose. Notwithstanding the foregoing provisions of this paragraph, Subtenant or may not install any such Communications Equipment or connect any such Communications Equipment to the subleased premises except with the prior approval of Sublessor, which consent approval shall not be unreasonably withheld, conditioned delayed or delayedconditioned. In furtherance thereof, Tenant with respect to any such Communications Equipment, Subtenant shall have the right submit to install satellite transmission Sublessor plans and receiving dishesspecifications (including, antennas but not limited to, design and devices (collectively, "Tenant's Roof Equipment"size) for such Communications Equipment and proposed location thereof on the roof of the Building (other than on Landlord's Roof Area) for its own use Sublessor's approval (including the use of permitted sublessees) provided (a) Tenant complies with all localincluding, state and federal laws pertaining but not limited to the installation, maintenance, operation, removal size and replacement aesthetics of any of Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates to such Communications Equipment and the roof architectural compatibility and relationship between such Communications Equipment and the general area of the Building, Site (cas such term is defined in the Underlying Lease) Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenantneighboring roads). Subtenant, at its sole cost and Subtenant's expense, shall maintain the Tenant's Roof Equipment and adequate insurance thereon, (f) in the event of repair any damage caused to the Building (including, without limitation, the roof or any exterior portions thereof) by reason of the installation, maintenance, operation, removal or replacement of any of Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs and expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove Tenant's Roof Equipment upon the expiration or sooner termination of the Term of this Lease, and (i) in the event of any resulting damage to the Building (includingresulting from the installation, without limitation operation, maintenance, repair, replacement or removal of its Communications Equipment. Upon the roof expiration or any exterior portions thereof) Tenant shallearlier termination of the Term, Subtenant, at LandlordSubtenant's option (1) promptly repair such damage expense shall remove its Communications Equipment and restore the Building (including, without limitation, portion of the roof and Building on or any exterior portions thereof) in which its Communications Equipment was located to as near as practicable its condition prior to the condition which existed prior installation thereof. The exercise of rights by subtenant under this Paragraph 5(u) shall be subject to any such installation, ordinary wear and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage and making such restoration and (i) the installation and operation of Tenant's Roof Equipment does not adversely affect the operation of any equipment on the roof approval of the Building pre-dating Cambridge Redevelopment Authority if and to the installation of Tenant's Roof Equipment. The rights granted to Tenant pursuant to this Article 12H are not separately transferable and shall only be used extent required by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Leasesaid Authority.
Appears in 1 contract
Samples: Sublease (Akamai Technologies Inc)
Communications Equipment. Subject to Tenant shall have the right, at its sole cost ------------------------ and expense, in connection with the making of the Tenant Improvements or at any later time during the Term, but only upon obtaining the prior written consent thereto of Landlord (which consent may be withheld by Landlord, in its sole and absolute discretion) after Landlord's consentreview and approval of detailed plans and specifications therefor (which approval may be withheld by Landlord, which consent in its sole and absolute discretion), to install such communications equipment in the Premises as Tenant shall not deem necessary in connection with its normal business operations at the Premises. In connection with making its determination as to whether to approve Tenant's request to install any such communications equipment in the Premises, Landlord shall have the right, in its sole discretion, to take into consideration such factors and issues as Landlord shall deem relevant, including, without limitation, the soundness of the equipment, the safety of the equipment and its installation, compliance by Tenant with all applicable laws, rules and regulations, and the effect of the installation of any such equipment upon any roof warranty. Any such communications equipment installed by Tenant pursuant to the preceding provisions of this Section 7 shall be unreasonably withheld, conditioned or delayed, Tenant deemed to be Alterations governed by the terms and conditions of this Lease. Notwithstanding anything to the contrary set forth elsewhere in this Lease: (a) Landlord shall have the right to install satellite transmission and receiving dishes, antennas and devices (collectively, "Tenant's Roof Equipment") disapprove the placement of any communications equipment on the roof exterior of the Building for its own use (including Premises in a location that shall be visible from the use ground level of permitted sublessees) provided (a) Tenant complies with all local, state the Park; and federal laws pertaining to the installation, maintenance, operation, removal and replacement of any of Tenant's Roof Equipment, (b) Tenant does not do Upon the written request of Landlord made at any act which would invalidate any roof warranty time at or guaranty which now or hereafter relates prior to the roof expiration date of the BuildingTerm or the sooner termination thereof in accordance with this Lease, (c) Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenant, at its Tenant's sole cost and expense, shall maintain the Tenant's Roof Equipment and adequate insurance thereon, (f) in the event of remove any damage caused to the Building (including, without limitation, the roof or any exterior portions thereof) such communication equipment installed by reason of the installation, maintenance, operation, removal or replacement of any of Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs and expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove Tenant's Roof Equipment upon the expiration or sooner termination date of the Term of this Lease, and (i) or the sooner termination thereof in the event of any resulting damage to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1) promptly repair such damage and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage and making such restoration and (i) the installation and operation of Tenant's Roof Equipment does not adversely affect the operation of any equipment on the roof of the Building pre-dating the installation of Tenant's Roof Equipment. The rights granted to Tenant pursuant to this Article 12H are not separately transferable and shall only be used by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection accordance with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Lease.
Appears in 1 contract
Communications Equipment. Subject to obtaining Landlord's consent, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant shall have the right to install one (1) satellite transmission and receiving dishesdish and related equipment, antennas cabling and devices wiring, or one (collectively1) antenna and related equipment, "cabling and wiring (in either case, “Tenant's ’s Roof Equipment"”) on the so-called “low” roof of the Building for its own use in an area designated by Landlord, as well as other equipment and cabling reasonably necessary or reasonably desirable in order to connect the same to the Premises, provided that: (including the use of permitted sublessees) provided (ai) Tenant complies with all local, state and federal laws pertaining to the installation, maintenance, operation, removal and replacement of any of Tenant's ’s Roof Equipment, ; (bii) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates to the roof of the Building, ; (ciii) Tenant obtains Landlord's ’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics appearance and the location of Tenant's ’s Roof Equipment, ; (div) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (ev) Tenant, at its sole cost and expense, shall maintain the Tenant's ’s Roof Equipment and adequate insurance thereon, ; (fvi) in the event of any damage caused to the Building (including, without limitation, the roof or any exterior portions thereof) ), by reason of the installation, maintenance, operation, removal or replacement of any of Tenant's ’s Roof Equipment, Tenant shall, at Landlord's ’s option (1) promptly repair such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs and expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove Tenant's Roof Equipment upon the expiration or sooner termination of the Term of this Lease, and (i) in the event of any resulting damage to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1x) promptly repair such damage and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted; or (2y) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage damage; (vii) in the event of interference with the equipment of any other tenant or licensee of the Building which is installed either prior to Tenant’s Roof Equipment (“the Pre-Existing Equipment”) or after Tenant’s Roof Equipment expressly pursuant to any lease, license agreement or occupancy agreement executed prior to the date of this Lease if such lease or agreement does not include a prohibition on interference with Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and making such restoration have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. previously installed equipment (the “Future Permitted Equipment”), by reason of the installation, maintenance, operation, removal or replacement of any of Tenant’s Roof Equipment, Tenant shall (x) immediately cease the use of Tenant’s Roof Equipment, (y) relocate Tenant’s Roof Equipment to another location reasonably designated by Landlord, at Tenant’s sole cost and expense, and (iz) pay all reasonable costs or damages incurred by Landlord or such other tenant or licensee in connection with the installation Tenant’s interference with such Pre-Existing Equipment or Future Permitted Equipment, as applicable (but only if Tenant does not immediately cease the use thereof within one (1) business day after written notice thereof is given to Tenant), provided, however, that Tenant shall have no such obligation with respect to non-Pre-Existing Equipment, non-Future Permitted Equipment, and operation any equipment of a telecom provider which does not primarily serve the space tenants of the Building whether or not existing at the Building prior to the Tenant’s Roof Equipment; (viii) Tenant shall use such contractors and observe such reasonable requirements as reasonably required by Landlord in connection with the installation, maintenance, servicing, repair, replacement and removal of Tenant's ’s Roof Equipment; and (ix) Tenant shall remove Tenant’s Roof Equipment does and repair any damage caused by the removal of the same, upon the expiration or sooner termination of the term of this Lease. Tenant acknowledges that, due to the fact that interference with Pre-Existing Equipment or Future Permitted Equipment, as applicable, caused by Tenant’s Roof Equipment may cause irreparable injury to Landlord, its tenants, and the owners and users of such other roof equipment, Landlord shall have the right, in addition to any other remedy at law or in equity, to enjoin such interference. The provisions of this subsection (b) shall survive the expiration or sooner termination of this Lease. The rights of Tenant set forth in this subsection (b) are subject to any rights of other tenants or licensees of the Building, but only to the extent set forth above, and further subject to the right of Landlord to enter into extensions or renewals of leases or licenses in effect with any tenant or licensee then leasing or licensing such space following the expiration of its lease (whether or not adversely affect an express renewal option is afforded to such tenant under the terms of its lease or license), subject to the obligation of such parties not to interfere with Tenant’s Roof Equipment or the operation thereof. Landlord makes no representations or warranties as to the suitability or effectiveness of any equipment on such Tenant’s Roof Equipment, or as to the governmental requirements applicable thereto. The permission granted in this subsection (b) for Tenant to install and operate the Tenant’s Roof Equipment shall not be deemed to make the roof of the Building preand/or the Building Systems part of the Premises for any purpose under this Lease. The permission granted herein is non-dating exclusive. Landlord reserves the installation right from time to time to permit other tenants of the Building or others to install, operate and maintain equipment on the roof(s) of the Building or elsewhere, so long as such operation does not interfere unreasonably or materially with Tenant’s operation of Tenant's ’s Roof Equipment. The rights granted Tenant shall be responsible for the entire cost of supplying electricity to the Tenant’s Roof Equipment. Electric usage shall be measured by meters installed by Landlord at Tenant’s cost, and the cost of such electric usage shall be billed to Tenant pursuant to this Article 12H are not separately transferable and shall only be used by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Leaseconstitute Additional Rent hereunder.
Appears in 1 contract
Samples: Office Lease (Enernoc Inc)
Communications Equipment. Subject Tenant shall be permitted to obtaining install and operate at its sole expense, a communications antenna or dish on the roof of the Building, provided that (a) the size, wiring, electronics, location, material, method of attachment and color of the communications antenna or dish shall be subject to Landlord's consentprior written approval, which consent approval shall not be unreasonably withheld, conditioned or delayed, (b) Tenant shall have obtained all necessary approvals for the communications antenna or dish from all governmental authorities having jurisdiction over such installation and operation, if applicable, (c) Tenant agrees to insure the antenna or dish for both liability and property damage and name the Landlord as an additional insured on said policy, (d) Landlord shall have the right to install satellite transmission and receiving dishes, antennas and devices (collectively, "Tenant's Roof Equipment") on relocate the roof of the Building for its own use (including the use of permitted sublessees) provided (a) Tenant complies with all local, state and federal laws pertaining to the installation, maintenance, operation, removal and replacement of any of Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty communications antenna or guaranty which now or hereafter relates to the roof of the Building, (c) Tenant obtains dish at Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenant, at its sole cost and expense, shall maintain provided such relocation does not impair the reception of the antenna or dish, and (e) Tenant or Tenant's Roof Equipment agent will not have access or service the equipment without being accompanied by Landlord's representative. Tenant covenants and adequate insurance thereon, (f) in the event of agrees that neither Tenant nor its agents or contractors will cause any damage caused to the Building (includingduring the installation, without limitationoperation, maintenance or removal of the roof communications antenna or dish. Tenant agrees to indemnify and defend Landlord against all claims, actions, damages, liability and expenses in connection with the loss of life, personal injury, damage to property or business or any exterior portions thereof) by reason other loss or injury arising out of the installation, maintenance, operation, maintenance or removal of the communications antenna or replacement of any of Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs and expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove Tenant's Roof Equipment upon dish. At the expiration or sooner termination of the Lease Term or upon the termination of this Leasethe operation of the communications antenna or dish, and (i) in Tenant shall remove the event same at its own cost. Tenant shall leave the portion of any resulting damage to the Building (includingwhere the communications antenna or dish was located in good order and repair, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1) promptly repair such damage and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary reasonable wear and tear excepted; . If Tenant does not remove the communications antenna or (2) promptly reimburse dish at the end of the Lease Term, Tenant hereby authorizes Landlord to remove and dispose of the same and charge the Tenant for all reasonable costs and expenses incurred incurred. Tenant agrees that Landlord shall not be liable for any property disposed of or removed by Landlord. Landlord in repairing such damage and making such restoration and (i) makes no representations or warranties as to the installation and operation of Tenant's Roof Equipment does not adversely affect the operation suitability or effectiveness of any communications antenna or dish, or as to the governmental requirements applicable thereto. The permission granted in this Section for Tenant to install and operate the communications antenna or dish shall not be deemed to make the roof and/or Building systems part of theDemised Premises for any purpose under this Lease, nor shall this Section be construed to require any services from Landlord with respect to the roof or Building systems by reason of the existence of the communications antenna or dish. The permission granted herein is non-exclusive. Landlord reserves the right from time to time to permit other tenants of the Park to install, operate and maintain communications equipment on the roof of the Building pre-dating or elsewhere, so long as such operation does not interfere with Tenant's operation of its communications antenna or dish. Notwithstanding anything to the installation contrary set forth herein, Landlord may, at its election, perform on behalf of Tenant any of the installation, maintenance or removal work which Tenant is authorized or obligated to perform under this Section. If Landlord elects to perform such work on behalf of Tenant's Roof Equipment. The rights granted to , Tenant pursuant to this Article 12H are not separately transferable and shall only be used pay Landlord all costs incurred by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly Landlord in connection with business such work within twenty (20) days after Tenant is billed therefor. Tenant shall be responsible for the entire cost of supplying electricity to the communications antenna or dish. Electric usage shall be measured, at Landlord's option, either (i) by meters installed by Landlord, or (ii) by Landlord's reasonable estimate. Tenant shall pay Landlord monthly, within twenty (20) days of being conduct at the Premises. The provisions of this Section shall survive the termination of this Leasebilled therefor, for all such electricity.
Appears in 1 contract
Samples: Immunicon Corp
Communications Equipment. Subject to obtaining Landlord's consent27.1 (a) Tenant may install, which consent shall not be unreasonably withheldfree of charge, conditioned or delayedat its sole cost, Tenant shall have risk and expense, satellite dishes and communications equipment (the right to install satellite transmission and receiving dishes, antennas and devices (collectively, "Tenant's Roof Communications Equipment") on the roof of the Building for its own use (including the use Building, in an amount and of permitted sublessees) provided (a) Tenant complies with a type mutually agreed to by Landlord and Tenant, subject in all local, state and federal laws pertaining events to the installation, maintenance, operation, removal and replacement availability of any of Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates to the roof of the Building, (c) Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenant, at its sole cost and expense, shall maintain the Tenant's Roof Equipment and adequate insurance thereon, (f) in the event of any damage caused to the Building (including, without limitation, the roof or any exterior portions thereof) by reason of the installation, maintenance, operation, removal or replacement of any of Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs and expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove Tenant's Roof Equipment upon the expiration or sooner termination of the Term of this Lease, and (i) in the event of any resulting damage to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1) promptly repair such damage and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage and making such restoration and (i) the installation and operation of Tenant's Roof Equipment does not adversely affect the operation of any equipment suitable space on the roof of the Building pre-dating (to be determined in Landlord's reasonable discretion) and subject further to Landlord's prior written approval of plans and specifications for the installation Communications Equipment and the type and placement of all cabling and wiring ancillary thereto, which approval shall not be unreasonably withheld with respect to matters that do not affect the structure of the Building. Landlord makes no representation concerning the suitability of the rooftop as a location for Tenant's Communications Equipment, and Landlord's approval of Tenant's Roof plans and specifications shall in no event be construed as constituting such a representation. Tenant shall be responsible for obtaining and maintaining all approvals, permits and licenses required by any federal, state or local government for installation and operation of the Communications Equipment and for paying all fees attendant thereto and for complying with all other Legal Requirements relating to the Communications Equipment. The rights granted to If the Communications Equipment is installed, Tenant pursuant to this Article 12H are not separately transferable shall have sole responsibility for the maintenance, repair and replacement thereof and of all cabling and wiring ancillary thereto. Tenant shall coordinate with Landlord's property manager concerning any penetration of the roof or the exterior facade of the Building, and shall only in no event take any action that will void any then-existing roof warranty. All repairs to the Building made necessary by reason of the furnishing, installation, maintenance, operation or removal of the Communications Equipment or any replacements thereof shall be used by Tenant at Tenant's sole cost. Upon expiration or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Lease, Tenant agrees that it will remove, forthwith, the Communications Equipment and any wiring or accessories associated with the Communications Equipment and shall repair any damage to the Building caused by the installation or removal of the Communications Equipment and related equipment. In the event Tenant fails to remove the Communications Equipment and associated equipment, Landlord may remove and dispose of such Communications Equipment and associated equipment and charge Tenant the entire reasonable cost thereof. Tenant's Communications Equipment shall not interfere with the structure of the Building, any of the building systems, or the equipment (including airwaves reception and other equipment) of any other tenant in the Building. Tenant's rights pursuant to this Section 27.1 shall be non-exclusive. Landlord shall have no liability on account of any damage to or interference with the operation of the Communications Equipment by any third party. Notwithstanding the foregoing, Landlord agrees that it will manage the available space on the rooftop so as to accommodate Tenant's needs with respect to the Communications Equipment to the greatest extent reasonably possible, including requesting that other tenants or rooftop users relocate their equipment if such relocation is necessary to enable Tenant to operate its Communications Equipment. Landlord shall have the right to require Tenant to relocate the Communications Equipment at Landlord's cost to another suitable location on the rooftop, provided such relocation can be done at a time and in a manner that only minimally and temporarily interferes with Tenant's use of the Communications Equipment.
Appears in 1 contract
Samples: Lease (Landmark Systems Corp)
Communications Equipment. Subject to obtaining Landlord's consent, which consent shall not be unreasonably withheld, conditioned or delayed, (a) Tenant shall have the right right, subject to install satellite transmission and receiving dishesin accordance with the provisions of this Section 9.19, antennas and devices to use without any rental obligation (collectively, "Tenant's Roof Equipment"other than electric charges payable in connection with such use) an area on the roof of the Building for its own use (including as designated by Landlord) to install a communication dish (no greater than 26” in diameter), antennas and related equipment and support structures to serve the use Premises (collectively, the “Communications Equipment”), provided such Communications Equipment shall be subject to Landlord’s reasonable approval. During Tenant’s performance of permitted sublessees) provided (a) Tenant complies with all local, state Tenant’s Initial Alterations and federal laws pertaining subject to the installation, maintenance, operation, removal and replacement provisions of any of Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates to the roof of the Building, (c) Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenant, at its sole cost and expense, shall maintain the Tenant's Roof Equipment and adequate insurance thereon, (f) in the event of any damage caused to the Building this Lease (including, without limitation, Section 4.09), Landlord shall provide shaft space in locations mutually and reasonably agreed upon by Landlord and Tenant to accommodate two (2) two (2”) inch conduits from the Premises to the roof or any exterior portions thereof) by reason of the Building for the Communications Equipment. The installation, maintenance, operation, removal or replacement repair and operation of any of Communications Equipment shall be performed by Tenant at Tenant's Roof Equipment, ’s sole cost and expense. Tenant shall, at Landlord's option shall furnish detailed plans and specifications for the Communications Equipment (1or any modification thereof) promptly repair such damage; or (2) promptly reimburse to Landlord for reasonable outits approval as described in Article 4 hereof. Tenant’s use of the rooftop of the Building shall be a non-of-pocket costs exclusive use and expenses incurred by Landlord in repairing such damage; (g) may permit the use of any other portion of the roof to any other person for any use including installation of other equipment. Tenant shall use such contractors and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove Tenant's Roof Equipment upon the expiration or sooner termination its reasonable efforts to insure that its use of the Term rooftop does not impair any other person’s data transmission and reception via its respective communication equipment. If Tenant’s construction, installation, maintenance, repair, operation or use of this Lease, and (i) in the event Communications Equipment shall interfere with the rights of any resulting damage to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1) promptly repair such damage and restore the Building Landlord (including, without limitation, Landlord’s right to use the roof remainder of the roof) or any exterior portions thereof) to other tenants in the condition which existed prior to any Building, Tenant shall cooperate with Landlord or such installationother tenants in eliminating such interference; provided, ordinary wear and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord however, in repairing such damage and making such restoration and (i) cases where the installation and operation of Tenant's Roof Equipment does not adversely affect the operation of any equipment interference affects installations existing on the roof date Tenant installs the Communications Equipment the cost of the Building pre-dating the installation of remedying such interference shall be borne by Tenant's Roof Equipment. The rights granted to Tenant pursuant to this Article 12H are not separately transferable and shall only be used by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Lease.
Appears in 1 contract
Samples: National Financial Partners Corp
Communications Equipment. Subject 26.1 Tenant may install, free of charge (with the right to obtaining collect and retain any income that may be derived therefrom), at its sole cost, risk and expense, satellite dishes, antennas and communications equipment (the "COMMUNICATIONS EQUIPMENT") on the roof of the Building and/or on portions of the Land (for so long as such portions of the Land remain subject to this Lease), in an amount and of a type determined by Tenant, subject to Tenant's compliance with the approved Site Plan and all other Legal Requirements and subject further to Landlord's consentprior written approval of location, placement, plans and specifications for the Communications Equipment and the type and placement of all cabling and wiring ancillary thereto, all of which consent Landlord approvals shall not be unreasonably withheld, conditioned or delayed. Landlord makes no representation concerning the suitability of the rooftop or the Land as a location for the Communications Equipment, and Landlord's approval of Tenant's plans and specifications shall in no event be construed as constituting such a representation. Tenant shall be responsible for obtaining and maintaining all approvals, permits and licenses required by any federal, state or local government for installation and operation of the Communications Equipment and for paying all fees attendant thereto and for complying with all other Legal Requirements relating to the Communications Equipment. If the Communications Equipment is installed, Tenant shall have sole responsibility for the maintenance, repair and replacement thereof and of all cabling and wiring ancillary thereto. Tenant shall coordinate with Landlord's property manager concerning any penetration of the roof or the exterior facade of the Building, and shall in no event take any action that will void any then-existing roof warranty. All repairs to the Building made necessary by reason of the furnishing, installation, maintenance, operation or removal of the Communications Equipment or any replacements thereof shall be at Tenant's sole cost. Upon expiration or termination of this Lease, Tenant agrees that it will remove, forthwith, the Communications Equipment (but not the wiring or accessories) and shall repair any damage to the Building caused by the installation or removal of the Communications Equipment and related equipment. In the event Tenant fails to remove the Communications Equipment, Landlord may remove and dispose of such Communications Equipment and charge Tenant the entire reasonable cost thereof. Tenant's Communications Equipment shall not interfere with the structure of the Building, any of the building systems, or, at any time that Tenant is not the sole lessee of the Building, the equipment (including airwaves reception and other equipment) of any other tenant in the Building who shall have similar rights to maintain Communications Equipment and shall have exercised those rights prior to the exercise thereof by Tenant hereunder. Any such similar rights granted to any other tenant shall similarly restrict such other tenant's Communications Equipment from interfering with Tenant's Communications Equipment. Landlord shall enforce all such restrictions. If Tenant ceases at any time to be the sole tenant of the Building, Tenant's rights pursuant to this Section 26.1 shall be non-exclusive. Landlord shall have no liability on account of any damage to or interference with the operation of the Communications Equipment by any third party. Notwithstanding the foregoing, Landlord agrees that it will manage the available space on the rooftop so as to accommodate Tenant's needs with respect to the Communications Equipment to the greatest extent reasonably possible, including requesting that other tenants or rooftop users relocate their equipment if such relocation is necessary to enable Tenant to operate its Communications Equipment. Landlord shall have the right to install satellite transmission and receiving dishes, antennas and devices (collectively, "Tenant's Roof Equipment") on require Tenant to relocate the roof of the Building for its own use (including the use of permitted sublessees) provided (a) Tenant complies with all local, state and federal laws pertaining to the installation, maintenance, operation, removal and replacement of any of Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates to the roof of the Building, (c) Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenant, at its sole cost and expense, shall maintain the Tenant's Roof Communications Equipment and adequate insurance thereon, (f) in the event of any damage caused to the Building (including, without limitation, the roof or any exterior portions thereof) by reason of the installation, maintenance, operation, removal or replacement of any of Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair cost to another suitable location on the rooftop reasonably acceptable to Tenant, provided such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs relocation can be done at a time and expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors a manner that only minimally and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove temporarily interferes with Tenant's Roof Equipment upon the expiration or sooner termination use of the Term of this Lease, and (i) in the event of any resulting damage to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1) promptly repair such damage and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage and making such restoration and (i) the installation and operation of Tenant's Roof Equipment does not adversely affect the operation of any equipment on the roof of the Building pre-dating the installation of Tenant's Roof Communications Equipment. The rights granted to Tenant pursuant to this Article 12H are not separately transferable and shall only be used by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Lease.
Appears in 1 contract
Samples: Deed of Lease Agreement (Orbital Sciences Corp /De/)
Communications Equipment. Subject Provided and on condition that Tenant has not assigned this Lease or sublet all or any portion of the Premises, except to obtaining Landlord's consent, which consent shall not be unreasonably withheld, conditioned or delayedan affiliated entity in accordance with Section 18(a), Tenant shall have the right to install satellite transmission and receiving dishes, antennas and devices (collectively, "Tenant's Roof Equipment") may erect on the roof of the Building for its own use Buildings, at Tenant’s sole cost and expense, communications equipment (including the use “Communications Equipment”) subject to the terms and conditions set forth in Section 14 of permitted sublessees) provided (a) this Lease and subject further to the terms and conditions set forth hereinafter. Prior to installing the Communications Equipment, Tenant complies shall provide Landlord with all localplans and specifications therefor, state as well as structural calculations and federal laws such other information pertaining to the installationCommunications Equipment as Landlord may reasonably require. Landlord’s prior consent to such plans and specifications, maintenanceas well as the location, operation, removal manner of installation and replacement of any of Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates to the roof control of the BuildingCommunications Equipment shall be required. Tenant shall, within thirty (c30) days of being billed therefor by Landlord, reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review of the foregoing. Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenantobtain, at its sole cost and expense, all governmental permits and approvals required for the installation and use of the Communications Equipment. Tenant shall maintain install the Tenant's Roof Communications Equipment in a good and workmanlike manner using a roofing contractor designated by Landlord. Once installed, the Communications Equipment shall be deemed to be a part of the Premises and all references in this Lease to the Premises shall include said Communications Equipment. Tenant shall be solely responsible, at its sole cost and expense, for the maintenance and repair of the Communications Equipment, and shall indemnify and hold harmless Landlord from and against all liability, claims or costs, including reasonable legal fees, arising from the installation and/or use of the Communications Equipment. Tenant shall also be responsible for the repair of any damage to the Buildings or the roof caused by the installation and/or use of the Communications Equipment and adequate insurance thereon, (f) Tenant shall assume full responsibility for the cost of repair and/or use of the Communications Equipment. Tenant agrees that in the event of that any damage caused to the Building (including, without limitation, the roof or any exterior portions thereof) by reason of the installation, maintenance, operation, removal repair or replacement of the roof is required, Tenant will use the roofing contractor designated by Landlord. Under no circumstances shall Landlord be liable for any damage to or vandalism of the Communications Equipment. In addition, Landlord shall in no event be responsible if, for any reason whatsoever, the Communications Equipment does not perform to the expectations of Tenant's Roof . In using the Communications Equipment, Tenant shallagrees: (i) not to materially disrupt, at Landlord's option adversely affect or interfere with any other tenant’s or other occupant’s use and enjoyment of its leased premises or any other part of the Property, and (1ii) promptly repair such damage; not to disrupt, adversely affect or (2) promptly reimburse interfere with any other providers of telecommunications services to the Buildings and/or the Property. Tenant agrees not to grant any third parties the right to utilize in any manner, or otherwise benefit from, the Communications Equipment. Tenant further agrees that Landlord for reasonable out-may install and operate, and may permit the installation and operation by others of-pocket costs and expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove Tenant's Roof Equipment upon , additional communications equipment on the Buildings. Upon the expiration or sooner earlier termination of the Term of this Lease, Tenant shall remove the Communications Equipment from the Buildings and (i) in shall repair any damage caused by such removal. Tenant’s failure to timely comply with the event immediately preceding sentence shall constitute a holding over of the Premises by Tenant until such time as the Communications Equipment is removed and any resulting damage caused by such removal is repaired by Tenant. In addition, if on or before the Expiration Date, Tenant fails to both remove the Communications Equipment and repair any damage caused thereby, then, Landlord may, at Tenant’s sole cost and expense, remove the Communications Equipment without compensation to Tenant, discard it without liability to Landlord, and restore any damage caused by the removal of the Communications Equipment at Tenant’s expense. The aforesaid right to install the Communications Equipment is personal to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1) promptly repair such damage named herein and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior shall not apply to any such installation, ordinary wear and tear excepted; assignee or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage and making such restoration and (i) the installation and operation subtenant of Tenant's Roof Equipment does not adversely affect the operation of any equipment on the roof of the Building pre-dating the installation of Tenant's Roof Equipment. The rights granted to Tenant pursuant to this Article 12H are not separately transferable and shall only be used by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Lease.
Appears in 1 contract
Communications Equipment. (a) Without liability for rental or any other charges therefor, except as expressly stated in this Section, Tenant shall have the right, at Tenant's sole cost and expense, to install, maintain and operate on the roof of the Building in a location mutually agreeable to Landlord and Tenant ("Tenant's Equipment Area") one or more satellite dishes and whip antennae (collectively, the "Communications Equipment"); provided, that (A) the Communications Equipment shall comply with all applicable Legal Requirements and (B) the exact size and location of such equipment shall be mutually agreeable to Landlord and Tenant and in no event shall Tenant be permitted to use space on the roof of the Building outside of the Tenant Equipment Area. Tenant shall also have access to the roof of the Building at all times for the purpose of inspecting, adjusting, repairing and maintaining the Communications Equipment. Landlord may lease or otherwise allow other tenants of the Building to use the remaining portions of the roof of the Building for the installation of similar type communications equipment; provided, that such equipment will not materially interfere with the installation, maintenance or operation of the Communications Equipment by Tenant. Subject to obtaining availability and Landlord's consentprior approval thereof, which consent shall not to be unreasonably withheld, conditioned or delayedand at no cost to Landlord except as otherwise stated below, Tenant shall have the right to install satellite transmission run cabling from the Communications Equipment to the Premises through interior Building chases, ducts and receiving dishesflues, antennas and devices (collectively, "ii) Landlord will supply as a Base Building cost secure conduit from two (2) telecommunications vendor's point of presence vault to Tenant's Roof Equipment") on the roof of the Building telecommunications facilities and there shall be no cost to Tenant for its own use (including the use of permitted sublessees) provided (a) Tenant complies with all local, state such riser space. The exact location and federal laws pertaining size of such equipment shall be mutually agreeable and subject to restrictions applicable to the installationLand, maintenance, operation, removal and replacement of any of if any. Roof penetrations must be made by Landlord's roofer at Tenant's Roof Equipment, (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates to the roof of the Building, (c) Tenant obtains Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, as to the amount of area required, and size, general aesthetics and location of Tenant's Roof Equipment, (d) Tenant obtains all required operating permits and approvals from any governmental entity with jurisdiction over such activities, (e) Tenant, at its sole cost and expense, shall maintain the Tenant's Roof Equipment and adequate insurance thereon, (f) in the event of any damage caused to the Building (including, without limitation, the roof or any exterior portions thereof) by reason of the installation, maintenance, operation, removal or replacement of any of Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs and expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove Tenant's Roof Equipment upon the expiration or sooner termination of the Term of this Lease, and (i) in the event of any resulting damage to the Building (including, without limitation the roof or any exterior portions thereof) Tenant shall, at Landlord's option (1) promptly repair such damage and restore the Building (including, without limitation, the roof or any exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted; or (2) promptly reimburse Landlord for costs and expenses incurred by Landlord in repairing such damage and making such restoration and (i) the installation and operation of Tenant's Roof Equipment does not adversely affect the operation of any equipment on the roof of the Building pre-dating the installation of Tenant's Roof Equipment. The rights granted to Tenant pursuant to this Article 12H are not separately transferable and shall only be used by Tenant or its permitted assignees and sublessees and Affiliated Transferees directly in connection with business being conduct at the Premises. The provisions of this Section shall survive the termination of this Lease.
Appears in 1 contract