Communications Equipment. 26.1 Tenant may install, free of charge (with the right to 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 prior 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 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 requite Tenant to relocate the Communications Equipment at Landlord's cost to another suitable location on the rooftop reasonably acceptable to Tenant, 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
Communications Equipment. 26.1 Subject to all Laws and any weight and/or load restrictions of the roof of the Building, Tenant may and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, free of charge repair, replace, remove, operate and maintain up to two (with the right 2) satellite dishes (not to collect and retain any income that may he derived therefromexceed eighteen (18) inches in diameter), at its sole costtogether with all cable, risk wiring, conduits and expense, satellite dishes, antennas and communications related equipment (collectively, “Communication Equipment”), for the "COMMUNICATIONS EQUIPMENT") purpose of receiving radio, television, computer, telephone or other communication signals to and from the Premises in connection with Tenant’s use of the Premises, at a location on the roof of the Building and/or on portions designated by Landlord and reasonably acceptable to Tenant. Such use of the Land (roof for so long as such portions Communication Equipment shall be at no additional charge to Tenant during the Term and any extensions thereof. Tenant shall ensure that any Communication Equipment installed by Tenant does not interfere with any equipment installed on the roof of the Land remain Building prior to Tenant’s installation of its Communication Equipment. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s roof warranty and shall comply with all applicable provisions of Article 11 when installing the Communication Equipment (and if there is an inconsistency between this Section 6.7 and the provisions of Article 11, the provisions of this Section 6.7 shall control). Tenant’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
6.7.1 Tenant’s right to install, replace, repair, remove, operate and maintain the Communication Equipment shall be subject to this Lease)all Laws and Landlord makes no representation that such Laws permit such installation and operation. Further, in an amount Tenant’s Communication Equipment shall not cause the Building rooftop to violate any Laws and Tenant shall be responsible for ensuring that its use does not cause such a violation.
6.7.2 Landlord’s reasonable approval and shall include any screening reasonably requested by Landlord.
6.7.3 All costs of a type determined installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and connections to the Building’s electrical system) shall be borne by Tenant, subject . Landlord agrees to cooperate (at no expense to Landlord) with Tenant in obtaining such permits and connections.
6.7.4 It is expressly understood that Landlord retains the right to use the roof of the Building for any purpose whatsoever provided that Landlord shall not unduly interfere with Tenant’s use of the Communication Equipment.
6.7.5 Tenant shall use the Communication Equipment so as not to cause any interference or danger to other tenants in the Building or with any other tenant’s or licensee’s communication equipment installed on the roof prior to Tenant's compliance ’s installation of its Communication Equipment, and not to damage the Building or interfere with the Approved Site Plan and all other Legal Requirements and subject further to Landlord's prior written approval normal operation 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 Building.
6.7.6 Landlord approvals shall not be unreasonably withheld, conditioned or delayedhave any obligations with respect to the Communication Equipment. Landlord makes no representation concerning that the suitability of the rooftop Communication Equipment will be able to receive 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 transmit communication signals without interference 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 disturbance (whether 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 not by reason of the furnishinginstallation or use of similar equipment by others on the roof of the Building) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
6.7.7 Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any Laws in connection with the installation, maintenance, operation maintenance or removal use of the Communications Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) be responsible for any necessary repairs, replacements to or any replacements thereof maintenance of the Communication Equipment.
6.7.8 The Communication Equipment shall be remain the sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant's ’s sole cost. Upon cost and expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense. The provisions of this Section 6.7.8 shall survive the expiration or earlier termination of this Lease.
6.7.9 The Communication Equipment shall be deemed to constitute a portion of the Premises for purposes of Articles 17 and 18 of this Lease.
6.7.10 Tenant agrees that it will removeshall be entitled, forthwithat no additional charge, to use its pro rata share of the Communications Equipment (but not the wiring or accessories) and shall repair any damage to existing risers of the Building caused by to install its Communication Equipment; provided that Landlord makes no representation regarding the installation or removal capacity of the Communications Equipment and related equipmentsuch risers. In the event additional capacity is needed, 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 requite provide such additional capacity, subject to Landlord’s prior written approval of the methods and manner of providing such additional capacity, which consent may be withheld in Landlord’s reasonable discretion.
6.7.11 Tenant hereby agrees to relocate comply with all Laws applicable to the Communications use of its Communication Equipment, including, without limitation, FCC and OSHA regulations relating to radio frequency (“RF”) emissions. Further, Tenant represents and warrants that the operation of the Communication Equipment at will not cause the Building rooftop to violate the maximum permissible exposure rules established by OSHA. At Landlord's ’s option, Tenant shall (i) pay the cost of a study of the Building rooftop to another suitable location on ensure that Tenant’s use pursuant to this Section 6.7 will not cause the rooftop to be in violation of any RF emissions requirements, which study shall be performed by a contractor reasonably acceptable approved by Landlord, and (ii) take any steps required by any applicable Laws to Tenant, provided such relocation can be done at a time and in a manner that only minimally and temporarily interferes with Tenant's cause the use of the Communications EquipmentCommunication Equipment to comply with such Laws, including implementation of an RF safety program which complies with all OSHA and FCC regulations.
Appears in 1 contract
Communications Equipment. 26.1 Landlord hereby grants to Tenant may install, free of charge (with the right to collect and retain any income that may he derived therefrom), at its sole cost, risk and expense, satellite dishes, antennas and communications equipment a non-exclusive license (the "COMMUNICATIONS EQUIPMENTLicense") to install, maintain and operate on the roof of the Building and/or on portions a single satellite antenna dish (the "Antenna") in accordance with and subject to the terms and conditions set forth below. The Antenna shall be installed at a location designated by Landlord and reasonably acceptable to Tenant ("Licensed Area"). The Licensed Area shall be considered to be a part of the Land (Premises for so long all purposes under the Lease, and except as such portions otherwise expressly provided in this Section, all provisions applicable to the use of the Land remain subject Premises under the Lease shall apply to the Licensed Area and its use by Tenant.
(1) The Term of the License shall be coterminous with 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 prior 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 Landlord approvals ;
(2) Tenant shall not be obligated to pay any license fee for the use of the Licensed Area pursuant to this Section during the Term of this Lease.
(3) Tenant shall use the Licensed Area only for the installation, operation, repair, replacement and maintenance of the Antenna and the necessary mechanical and electrical equipment to service said Antenna and for no other use or purpose. The installation of the Antenna and all equipment and facilities related thereto, including any required conduit from the Premises to the Antenna, shall be deemed to constitute an alteration subject to the provisions of Section 7.3 of the Lease, provided that Landlord shall not unreasonably withheld, conditioned or delayedwithhold its approval of the same. Landlord makes no representation concerning may require appropriate screening for the suitability of the rooftop or the Land Antenna as a location for the Communications Equipment, and condition of Landlord's approval of the installation of the Antenna. Tenant may have access to the Licensed Area for such uses during normal business hours and at times upon reasonably prior notice to Landlord and shall reimburse Landlord for any reasonable out-of-pocket expenses incurred by Landlord in connection therewith;
(4) The Antenna shall be used only for transmitting and/or receiving data, audio and/or video signals to and from Tenant's plans facilities within the Premises for Tenant's use, and specifications shall not be used or permitted to be used by Tenant for purposes of broadcasting signals to the public or to provide telecommunications or other communications transmitting or receiving services to any third parties;
(5) Landlord reserves the right upon reasonable prior written notice to Tenant to require either (a) the relocation of all equipment installed by Tenant to another location on the roof of the Building reasonably designated by Landlord, or (b) the removal of any and all of such equipment should Landlord reasonably determine that its presence results in no event be construed as constituting such a representation. material damage to the Building unless Tenant makes satisfactory arrangements to protect Landlord therefrom;
(6) Tenant shall be responsible for obtaining and maintaining all approvalsrequire its employees, permits and licenses required by when using the Licensed Area, to stay within the immediate vicinity thereof. In addition, in the event any federal, state communications system or local government for installation and operation of broadcast or receiving facilities are operating in 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 installedarea, Tenant shall have sole responsibility for at all times during the maintenanceterm of the License conduct its operations so as to ensure that such system or facilities shall not be subjected to harmful interference as a result of such operations by Tenant. Upon notification from Landlord of any such interference, repair Tenant agrees to immediately take the necessary steps to correct such situation, and replacement thereof and Tenant's failure to do so shall be deemed a default under the terms of all cabling and wiring ancillary thereto. this Lease.
(7) During the term of the License, Tenant shall coordinate comply with Landlord's property manager concerning any penetration standards promulgated by applicable governmental authorities or otherwise reasonably established by Landlord regarding the generation of electromagnetic fields. Should Landlord determine in good faith at any time that the roof Antenna poses a health or the exterior facade safety hazard to occupants of the Building, and Landlord may require Tenant to make arrangements satisfactory to Landlord to mitigate such hazard or, if Tenant either fails or is unable to make such satisfactory arrangements, to remove the Antenna. Any claim or liability resulting from the use of the Antenna or the Licensed Area shall in no event take any action that will void any then-existing roof warranty. All repairs be subject to the Building made necessary by reason indemnification provisions of this Lease applicable to Tenant's use of the furnishing, installation, maintenance, operation or removal Premises;
(8) During the term of the Communications Equipment or any replacements thereof License, Tenant shall be at pay all taxes attributable to the Antenna and other equipment owned and installed by Tenant, and Tenant shall assure and provide Landlord with evidence that the Licensed Area and Tenant's sole cost. use thereof are subject to the insurance coverages otherwise required to be maintained by Tenant as to the Premises pursuant to Exhibit D;
(9) Upon the expiration or sooner termination of this the Lease, Tenant agrees that it will removeshall remove the Antenna and all related equipment and facilities, forthwithincluding any conduit from the Premises to the Antenna, from the Communications Equipment (but not Licensed Area and any other portions of the wiring Building within or accessories) upon which the same may be installed, and shall repair any damage restore the Licensed Area and all other areas affected by such removal to the Building caused by the installation or removal of the Communications Equipment their original condition, reasonable wear and related equipment. In the event tear excepted, all at its sole cost and expense; and
(10) The License is personal to 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 be assignable in whole or in part, and any attempted assignment thereof without he consent of Landlord, which consent may be withheld by Landlord in its sole and absolute discretion, shall immediately terminate 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 partyLicense. Notwithstanding the foregoing, Landlord agrees that it will manage the available space on the rooftop so as to accommodate TenantLandlord's needs consent shall not be required with respect to an assignment of the Communications Equipment License made in connection with an assignment of this Lease permitted 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 requite Tenant to relocate the Communications Equipment at be made without Landlord's cost consent pursuant to another suitable location on the rooftop reasonably acceptable to Tenant, 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 EquipmentSection 9.4 above.
Appears in 1 contract
Communications Equipment. 26.1 Landlord hereby grants to Tenant may install, free of charge (with the right to collect and retain any income that may he derived therefrom), at its sole cost, risk and expense, satellite dishes, antennas and communications equipment a non-exclusive license (the "COMMUNICATIONS EQUIPMENTLicense") to install, maintain and operate on the roof of the Building and/or on portions of three (3) antenna/satellite dishes each not exceeding thirty-six (36) inches in height or twenty-four (24) inches in diameter (collectively, the Land (for so long as such portions of the Land remain subject to this Lease"Antenna"), in an amount accordance with and subject to the terms and conditions set forth below. The Antenna shall be installed at a location designated by Landlord and reasonably acceptable to Tenant ("Licensed Area"). The Licensed Area shall be considered to be a part of a type determined the Premises for all purposes under the Lease, and except as otherwise expressly provided in this Section 7.6 all provisions applicable to the use of the Premises under the Lease shall apply to the Licensed Area and its use by Tenant, subject to Tenant's compliance .
(1) The Term of the License shall be coterminous with the Approved Site Plan and all other Legal Requirements and subject further to Landlord's prior 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 Landlord approvals this Lease;
(2) Tenant shall not be obligated to pay any license fee for the use of the Licensed Area pursuant to this Section 7.6 during the Term of this Lease.
(3) Tenant shall use the Licensed Area only for the installation, operation, repair, replacement and maintenance of the Antenna and the necessary mechanical and electrical equipment to service said Antenna and for no other use or purpose. The installation of the Antenna and all equipment and facilities related thereto, including any required conduit from the Premises to the Antenna, shall be deemed to constitute an alteration subject to the provisions of Section 7.3 of the Lease, provided that Landlord shall not unreasonably withheld, conditioned or delayedwithhold its approval of the same. Landlord makes no representation concerning may require appropriate screening for the suitability of the rooftop or the Land Antenna as a location for the Communications Equipment, and condition of 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 the installation and operation of the Communications Equipment and for paying all fees attendant thereto and for complying with all other Legal Requirements relating Antenna. So long as Tenant leases the entire Building, Tenant may have access to the Communications EquipmentLicensed Area for such uses at all times. If Tenant no longer leases 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 entirety of the Building, Tenant may have access to the Licensed Area for such uses during normal business hours and at times upon reasonably prior notice to Landlord and shall reimburse Landlord for any reasonably out-of-pocket expenses incurred by Landlord in no event take any action that will void any then-existing roof warranty. All repairs connection therewith;
(4) The Antenna shall be used only for transmitting and/or receiving data, audio and/or video signals to and from Tenant's facilities within the Premises for Tenant's use, and shall not be used or permitted to be used by Tenant for purposes of broadcasting signals to the Building made necessary public or to provide telecommunications or other communications transmitting or receiving services to any third parties, provided, however, that the provisions of this paragraph (4) shall not be construed to prohibit Tenant from transmitting and/or receiving data, audio and/or video signals directly to and from its customers;
(5) Landlord reserves the right upon reasonable prior written notice to Tenant to require either (a) the relocation of all equipment installed by reason Tenant to another location on the roof of the furnishingBuilding reasonably designated by Landlord, installation, maintenance, operation or (b) the removal of the Communications Equipment or any replacements thereof shall be at Tenant's sole cost. Upon expiration or termination and all of this Lease, Tenant agrees such equipment should Landlord reasonably determine that it will remove, forthwith, the Communications Equipment (but not the wiring or accessories) and shall repair any its presence results in material damage to the Building caused by unless Tenant makes satisfactory arrangements to protect Landlord therefrom;
(6) Tenant shall require its employees, when using the installation Licensed Area, to stay within the immediate vicinity thereof. In addition, in the event any communications system or removal broadcast or receiving facilities are operating in the area (other than on the roof of the Communications Equipment and related equipment. In Building), Tenant shall at all times during the event Tenant fails term of the License conduct its operations so as to remove the Communications Equipment, Landlord may remove and dispose ensure that such system or facilities shall not be subjected to harmful interference as a result of such Communications Equipment operations by Tenant. Upon notification from Landlord of any such interference, Tenant agrees to immediately take the necessary steps to correct such situation, and charge Tenant the entire reasonable cost thereof. Tenant's Communications Equipment failure to do so shall not interfere be deemed a default under the terms of this Lease.
(7) During the term of the License, Tenant shall comply with any standards promulgated by applicable governmental authorities or otherwise reasonably established by Landlord regarding the structure generation of electromagnetic fields. Should Landlord determine in good faith at any time that the Antenna poses a health or safety hazard to occupants of the Building, any Landlord may require Tenant to make arrangements satisfactory to Landlord to mitigate such hazard or, if Tenant either fails or is unable to make such satisfactory arrangements, to remove the Antenna. Any claim or liability resulting from the use of the building systems, or, at any time that Tenant is not Antenna or the sole lessee Licensed Area shall be subject to the indemnification provisions of this Lease applicable to Tenant's use of the BuildingPremises;
(8) During the term of the License, Tenant shall pay all taxes attributable to the equipment (including airwaves reception Antenna and other equipmentequipment owned and installed by Tenant, and Tenant shall assure and provide Landlord with evidence that the Licensed Area and Tenant's use thereof are subject to the insurance coverages otherwise required to be maintained by Tenant as to the Premises pursuant to Exhibit D;
(9) Upon the expiration or sooner termination of the Lease, Tenant shall remove the Antenna and all related equipment and facilities, including any conduit from the Premises to the Antenna, from the Licensed Area and any other tenant in portions of the Building who shall have similar rights to maintain Communications Equipment within or upon which the same may be installed, and shall have exercised those rights prior restore the Licensed Area and all other areas affected by such removal to their original condition, reasonable wear and tear excepted, all at its sole cost and expense; and
(10) The License is personal to Tenant and shall not be assignable in whole or in part, and any attempted assignment thereof without he consent of Landlord, which consent may be withheld by Landlord in its sole and absolute discretion, shall immediately terminate 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 partyLicense. Notwithstanding the foregoing, Landlord agrees that it will manage the available space on the rooftop so as to accommodate TenantLandlord's needs consent shall not be required with respect to an assignment of the Communications Equipment License made in connection with an assignment of this Lease permitted 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 requite Tenant to relocate the Communications Equipment at be made without Landlord's cost consent pursuant to another suitable location on Section 9.4 below, and Tenant may permit the rooftop reasonably acceptable to Tenant, provided such relocation can be done at a time and in a manner that only minimally and temporarily interferes with Tenant's use of this License by any subtenant subject to all of the Communications Equipmentterms and provisions of this Section 7.6, which terms and provisions shall be expressly incorporated by reference in any sublease for any subtenant which Tenant will permit to use the License.
Appears in 1 contract
Samples: Industrial Lease (Omm Inc)
Communications Equipment. 26.1 25.1 Tenant may install, free of charge (with the right to collect and retain any income that may he derived therefrom)charge, at its sole cost, risk and expense, satellite dishes, antennas dishes and communications equipment (the "COMMUNICATIONS EQUIPMENT"“Communications Equipment”) on the roof of the Building and/or and 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 mutually agreed to by Tenant, Landlord and Tenant and subject to Tenant's compliance with the Approved Site Plan and all other Legal Requirements and subject further to Landlord's ’s prior written approval of location, placement, plans and specifications for the Communications Equipment, the location of Communication Equipment on the Land and the type type, location and placement of all cabling and wiring ancillary thereto, all of which Landlord approvals 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 a ladder on the exterior of the Building to provide access to the roof.. Landlord makes no representation concerning the suitability of the rooftop or the Land as a location for the Tenant’s Communications Equipment, and Landlord's ’s approval of Tenant's ’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 ’s property manager concerning any penetration of the roof or the exterior facade 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, operation or removal of the Communications Equipment or any replacements thereof shall be at Tenant's ’s sole cost. Upon expiration or termination of this Lease, Tenant agrees that it will remove, forthwith, shall have the option of leaving the Communications Equipment (but not the and any wiring or accessories) 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 shall repair any damage to the Building or Land 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 ’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, or 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 hereunderBuilding. 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 ’s rights pursuant to this Section 26.1 27.1 shall be non-exclusiveexclusive except with respect to rooftop Communications Equipment. 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 requite Tenant to relocate the Communications Equipment at Landlord's cost to another suitable location on the rooftop reasonably acceptable to Tenant, 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: Deed of Lease (Equinix Inc)
Communications Equipment. 26.1 Tenant may install, free of charge (with the right to collect and retain any income that may he derived therefrom)a) Tenant, at its Tenant's sole cost, risk cost and expense, shall have the non-exclusive right to install no more than two (2) satellite dishes, antennas and communications equipment communication dishes each not to exceed three (3) feet in diameter (the "COMMUNICATIONS EQUIPMENTCommunications Equipment") in a location on the roof of the Building and/or on portions of Building, the Land (for Adjacent Garage, or other areas in the Project designated by Landlord in its sole discretion, so long as such portions the location does not materially and adversely affect the intended operation of the Land remain subject Communications Equipment; provided, however, all Communications Equipment must be utilized by Tenant in the conduct of its business. Additionally, the rights granted to Tenant pursuant to this Lease), in an amount and of a type determined Section 4.10 shall not be assignable by Tenant, subject except that the rights under this Section 4.10 shall be assignable to Tenant's compliance a Permitted Affiliate (as defined in Section 5.4(a) below) to whom Company assigns its entire interest under this Lease in accordance with the Approved Site Plan and all other Legal Requirements and subject further provisions of said Section 5.4(a).
(b) Landlord reserves the right to Landlord's prior written approval require Tenant from time to time to relocate any of location, placement, plans and specifications for the Communications Equipment to a new location or locations in the Project designated by Landlord (each a "New Site") by furnishing at least ninety (90) days prior written notice (unless such relocation is required by Legal Requirements, in which event such notice may be thirty (30) days), provided that any New Site does not materially and adversely affect the type intended operation of the Communications Equipment. If Landlord requires Tenant to relocate any of the Communications Equipment to a New Site pursuant to the provisions of this Section 4.10, then in such event (but only in such event) Landlord shall reimburse Tenant for the reasonable actual costs incurred by Tenant to physically move Tenant's Communications Equipment from the previous location to the New Site (unless such relocation is required by Legal Requirements, in which event the costs of such relocation shall be borne by Tenant) within thirty (30) days of receipt of an invoice and placement supporting documentation therefor.
(c) Any costs incurred by Landlord associated with Tenant's installation, operation, utilization, replacement, maintenance and/or removal of the Communications Equipment shall be at Tenant's expense (other than costs which result from any relocation of the Communications Equipment required by Landlord). The Communications Equipment must be
(i) designed, installed and operated in complete compliance with all cabling Legal Requirements, and wiring ancillary thereto(ii) installed and operated so as not to adversely affect or impact structural, all mechanical, electrical, elevator, or other systems of or serving the Building, Project or the Adjacent Garage or customary telephone service for the Building, Project or the Adjacent Garage and so as not to cause injury to persons or property.
(d) Tenant shall be permitted to undertake the installation of its Communications Equipment, subject to the provisions of Section 5.5 of the Lease (including without limitation Landlord's approval of the qualifications of Tenant’s contractors, which Landlord approvals approval shall not be unreasonably withheld, conditioned or delayed). Landlord makes no representation concerning Any such work conducted in connection with 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 must be done in accordance with Section 5.5 and for paying the Project Rules or any other reasonable regulations promulgated by Landlord pertaining to construction in or on the Building or the Adjacent Garage by all fees attendant thereto third party contractors of the same or similar trades.
(e) Subject to the Project Rules and for complying with all other Legal Requirements reasonable rules relating to Building security and safety that may be promulgated by Landlord pertaining to access by tenants to the roof of the Building and Adjacent Garage and provided Tenant does not unreasonably disturb any other tenants of the Building and Adjacent Garage, Tenant and Tenant's contractors shall have reasonable access to the Communications Equipment. If the Communications Equipment is installedfor purposes of operating, Tenant servicing, repairing or otherwise maintaining said equipment.
(f) TENANT HEREBY INDEMNIFIES AND HOLDS LANDLORD HARMLESS FROM ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF SUIT), LOSSES, DAMAGES OR LIABILITIES ARISING OUT OF THE DESIGN, INSTALLATION, OPERATION, MAINTENANCE, USE, AND REMOVAL BY TENANT OF THE COMMUNICATIONS EQUIPMENT AND THE ADDITIONAL EQUIPMENT, EXCEPT TO THE EXTENT CAUSED BY LANDLORD'S NEGLIGENCE.
(g) Nothing contained in this Section 4.10 shall have sole responsibility for the maintenancebe deemed to prohibit or restrict any other individual or entity, repair and replacement thereof and of all cabling and wiring ancillary thereto. Tenant shall coordinate with Landlord's property manager concerning including without limitation Landlord or any penetration other tenant of the Building or Project, from installing communications equipment in the Project or to use the roof of the Building or the exterior facade Adjacent Garage for any other purpose.
(h) Tenant agrees to reimburse Landlord for all reasonable, out-of-pocket costs and expenses incurred by Landlord pursuant to this Section 4.10 within thirty (30) days after receipt by Tenant of an invoice therefor from Landlord.
(i) Tenant agrees that 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 and maintenance of the Communications Equipment or any replacements thereof shall be at all times, and at Tenant's sole cost. Upon expiration or termination of this Leaseexpense, Tenant agrees that it will removeshall comply with such technical standards (including, forthwithwithout limitation, technical standards relating to frequency compatibility, radio interference protection, antenna type and location, and physical installation) attached hereto as Exhibit H (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"Technical Standards"). Landlord shall have the right to requite change the Technical Standards from time to time without the consent of Tenant if any such change is determined by Landlord as necessary (a) to relocate comply with Legal Requirements, or (b) for the Communications Equipment at Landlord's cost to another suitable location on the rooftop reasonably acceptable to Tenant, provided such relocation can be done at a time and in a manner that only minimally and temporarily interferes with Tenant's use safety or care of all or any portion of the Communications Equipment.Project, the Adjacent Garage, or any portion
Appears in 1 contract
Communications Equipment. 26.1 Tenant may install, free of charge (with the right to 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 Subject to Landlord's review and prior written approval of locationapproval, placement, plans and specifications for the Communications Equipment and the type and placement of all cabling and wiring ancillary thereto, all of which Landlord approvals consent shall not be unreasonably withheld, conditioned or delayed. Landlord makes no representation concerning , TENANT shall at all times during the suitability Term of this Lease and any Renewals thereof, have the right to use the Building's shafts for conduits between the Premises and the roof of the rooftop or the Land as a location Building for the Communications Equipmentinstallation and maintenance of conduits and cables to extend to communications equipment located or to be located on the roof. Further, and subject to Landlord's prior written approval (not to be unreasonably withheld) of Tenant's the size, location and the 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 installedtherefor, Tenant shall have sole responsibility for the maintenanceright at all times, repair and replacement thereof at no additional rental, to install and of all cabling and wiring ancillary thereto. Tenant shall coordinate with Landlord's property manager concerning any penetration of operate microwave or satellite dishes or other antenna communications system on the roof or the exterior facade of the Building, . The use of such conduits and shall roof for communications equipment by Tenant is included in no event take any action that will void any then-existing roof warranty. All repairs to the Building made necessary by reason definition of the furnishingPremises. No additional rent or expense may be charged to Tenant for the use of 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, operation 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 or any replacements thereof communications equipment shall be at borne by Tenant. Tenant shall indemnify and hold harmless Landlord from all costs, damages expenses, liabilities, and suits, including reasonable attorneys' fees, occasioned by Tenant's sole cost. Upon expiration installation, maintenance, removal or termination use of this Leasethe communications equipment, Tenant agrees that it will removeincluding without limitation, forthwith, the Communications Equipment (but not the wiring or accessories) and shall repair any damage to Property and/or injury or death to persons caused thereby from the Building caused by the installation or installation, maintenance, and operation. The installation, maintenance, relocation, and removal of the Communications Equipment and related equipment. In the event Tenant fails communications equipment will be performed in such a manner as not 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 requite Tenant to relocate the Communications Equipment at Landlord's cost to another suitable location on the rooftop reasonably acceptable to Tenant, provided such relocation can be done at a time Project and in a manner that only minimally will not cause interference with the use of other tenants in the Project of their electronic devices that were installed prior to Tenant's installation. Landlord agrees that Landlord will require other tenants who sign leases after the date hereof and temporarily interferes who install communications equipment after Tenant's installation, to install, maintain and operate such equipment in a manner that will not interfere with Tenant's use and operation of the Communications Equipment.its communications equipment. All
Appears in 1 contract
Samples: Lease (Big Lake Financial Corp)
Communications Equipment. 26.1 Tenant may may, at Tenant’s sole cost and expense (except to the extent such costs are paid with the Finish Allowance as provided in Exhibit “D-1”) and without charge from Landlord, install, free of charge (with the right to collect operate and retain any income that may he derived therefrom), at its sole cost, risk maintain antenna and expense, satellite dishes, antennas and communications equipment (the "COMMUNICATIONS EQUIPMENT"“Communications Equipment”) on any portion of the roof area of the Building and/or on portions as long as Landlord approves the manner of installation and screening of the Land equipment (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 prior written which 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 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 The installation and operation of such equipment must be in compliance with the Communications Equipment CCR and for paying all fees attendant thereto applicable laws, rules and for complying with all other Legal Requirements relating to the Communications Equipmentregulations. If the Communications Equipment is installed, Tenant Landlord 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 not take any action actions that will void would in any then-existing roof warranty. All repairs to the Building made necessary by reason of the furnishing, installation, maintenance, operation or removal way interfere with Tenant’s use of the Communications Equipment or the transmission or reception of signal. Landlord and its representatives agree to cooperate reasonably with Tenant in connection with obtaining any replacements 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 be 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 any Communications Equipment which would adversely affect or compromise the structural integrity of the Building (or if so, Landlord may construct reinforcements necessary to accommodate same at Tenant's sole cost’s cost and expense). Upon Tenant shall remove all such Communication Equipment upon the expiration or earlier termination of this Lease, Tenant agrees that it will remove, forthwith, the Communications Equipment (but not the wiring or accessories) Lease and shall repair any damage to the Building caused by the installation or removal of the Communications Equipment such removal, all at Tenant’s cost 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 Equipmentexpense. Landlord shall have the right to requite Tenant enter into temporary agreements which allow third parties to relocate the Communications Equipment at Landlord's cost to another suitable location install, operate and maintain communications equipment on the rooftop reasonably acceptable to Tenant, roof of the Building provided that at such relocation can be done at a time and in a manner that only minimally and temporarily as the location of such third party equipment or the operation thereof interferes with Tenant's use of the ’s Communications Equipment or if Tenant desires to install additional Communications Equipment, Landlord shall upon request of Tenant cause such temporary agreements to be terminated and the third party communications equipment removed.
Appears in 1 contract
Samples: Lease (I2 Technologies Inc)
Communications Equipment. 26.1 Landlord hereby grants to Tenant may a non-exclusive license (the “License”) to install, free of charge (with the right to collect maintain 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") operate on the roof of the Building and/or on portions a single satellite antenna dish (the “Antenna”) in accordance with and subject to the terms and conditions set forth below. The Antenna shall be installed at a location designated by Landlord and reasonably acceptable to Tenant (“Licensed Area”). The Licensed Area shall be considered to be a part of the Land (Premises for so long all purposes under the Lease, and except as such portions otherwise expressly provided in this Section, all provisions applicable to the use of the Land remain subject Premises under the Lease shall apply to the Licensed Area and its use by Tenant.
(1) The Term of the License shall be coterminous with 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 prior 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 Landlord approvals ;
(2) Tenant shall not be obligated to pay any license fee for the use of the Licensed Area pursuant to this Section during the Term of this Lease.
(3) Tenant shall use the Licensed Area only for the installation, operation, repair, replacement and maintenance of the Antenna and the necessary mechanical and electrical equipment to service said Antenna and for no other use or purpose. The installation of the Antenna and all equipment and facilities related thereto, including any required conduit from the Premises to the Antenna, shall be deemed to constitute an alteration subject to the provisions of Section 7.3 of the Lease, provided that Landlord shall not unreasonably withheld, conditioned or delayedwithhold its approval of the same. Landlord makes no representation concerning may require appropriate screening for the suitability Antenna as a condition of Landlord’s approval of the rooftop or installation of the Land as a location Antenna. Tenant may have access to the Licensed Area for such uses during normal business hours and at times upon reasonably prior notice to Landlord and shall reimburse Landlord for any reasonable out-of-pocket expenses incurred by Landlord in connection therewith;
(4) The Antenna shall be used only for transmitting and/or receiving data, audio and/or video signals to and from Tenant’s facilities within the Communications EquipmentPremises for Tenant’s use, and shall not be used or permitted to be used by Tenant for purposes of broadcasting signals to the public or to provide telecommunications or other communications transmitting or receiving services to any third parties;
(5) Landlord reserves the right upon reasonable prior written notice to Tenant to require either (a) the relocation of all equipment installed by Tenant to another location on the roof of the Building reasonably designated by Landlord's approval , or (b) the removal of Tenant's plans any and specifications shall all of such equipment should Landlord reasonably determine that its presence results in no event be construed as constituting such a representation. material damage to the Building unless Tenant makes satisfactory arrangements to protect Landlord therefrom;
(6) Tenant shall be responsible for obtaining and maintaining all approvalsrequire its employees, permits and licenses required by when using the Licensed Area, to stay within the immediate vicinity thereof. In addition, in the event any federal, state communications system or local government for installation and operation of broadcast or receiving facilities are operating in 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 installedarea, Tenant shall have sole responsibility for at all times during the maintenanceterm of the License conduct its operations so as to ensure that such system or facilities shall not be subjected to harmful interference as a result of such operations by Tenant. Upon notification from Landlord of any such interference, repair Tenant agrees to immediately take the necessary steps to correct such situation, and replacement thereof and Tenant’s failure to do so shall be deemed a default under the terms of all cabling and wiring ancillary thereto. this Lease.
(7) During the term of the License, Tenant shall coordinate comply with Landlord's property manager concerning any penetration standards promulgated by applicable governmental authorities or otherwise reasonably established by Landlord regarding the generation of electromagnetic fields. Should Landlord determine in good faith at any time that the roof Antenna poses a health or the exterior facade safety hazard to occupants of the Building, and Landlord may require Tenant to make arrangements satisfactory to Landlord to mitigate such hazard or, if Tenant either fails or is unable to make such satisfactory arrangements, to remove the Antenna. Any claim or liability resulting from the use of the Antenna or the Licensed Area shall in no event take any action that will void any then-existing roof warranty. All repairs be subject to the Building made necessary by reason indemnification provisions of this Lease applicable to Tenant’s use of the furnishing, installation, maintenance, operation or removal Premises;
(8) During the term of the Communications Equipment or any replacements License, Tenant shall pay all taxes attributable to the Antenna and other equipment owned and installed by Tenant, and Tenant shall assure and provide Landlord with evidence that the Licensed Area and Tenant’s use thereof shall are subject to the insurance coverages otherwise required to be at Tenant's sole cost. maintained by Tenant as to the Premises pursuant to Exhibit D;
(9) Upon the expiration or sooner termination of this the Lease, Tenant agrees that it will removeshall remove the Antenna and all related equipment and facilities, forthwithincluding any conduit from the Premises to the Antenna, from the Communications Equipment (but not Licensed Area and any other portions of the wiring Building within or accessories) upon which the same may be installed, and shall repair any damage restore the Licensed Area and all other areas affected by such removal to the Building caused by the installation or removal of the Communications Equipment their original condition, reasonable wear and related equipment. In the event tear excepted, all at its sole cost and expense; and
(10) The License is personal to 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 be assignable in whole or in part, and any attempted assignment thereof without he consent of Landlord, which consent may be withheld by Landlord in its sole and absolute discretion, shall immediately terminate 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 partyLicense. Notwithstanding the foregoing, Landlord agrees that it will manage the available space on the rooftop so as to accommodate Tenant's needs Landlord’s consent shall not be required 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 requite Tenant to relocate the Communications Equipment at Landlord's cost to another suitable location on the rooftop reasonably acceptable to Tenant, provided such relocation can be done at a time and in a manner that only minimally and temporarily interferes with Tenant's use an assignment of the Communications EquipmentLicense made in connection with an assignment of this Lease permitted to be made without Landlord’s consent pursuant to Section 9.4 above.
Appears in 1 contract
Samples: Industrial Lease (GoRemote Internet Communications, Inc.)
Communications Equipment. 26.1 Landlord hereby grants to Tenant may install, free of charge (with the right to collect and retain any income that may he derived therefrom), at its sole cost, risk and expense, satellite dishes, antennas and communications equipment a non-exclusive license (the "COMMUNICATIONS EQUIPMENTLicense") to install, maintain and operate on the roof of the Building and/or on portions one or more antenna or satellite dishes not exceeding forty-eight inches (48") in height (the "Antenna") in accordance with and subject to the terms and conditions set forth below. The Antenna shall be installed at a location designated by Landlord and reasonably acceptable to Tenant ("Licensed Area"). The Licensed Area shall be considered to be a part of the Land (Premises for so long all purposes under the Lease, and except as such portions otherwise expressly provided in this Section 7.6 all provisions applicable to the use of the Land remain subject Premises under the Lease shall apply to the Licensed Area and its use by Tenant.
(1) The Term of the License shall be coterminous with 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 prior 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 Landlord approvals ;
(2) Tenant shall not be obligated to pay any license fee for the use of the Licensed Area pursuant to this Section 7.7 during the Term of this Lease.
(3) Tenant shall use the Licensed Area only for the installation, operation, repair, replacement and maintenance of the Antenna and the necessary mechanical and electrical equipment to service said Antenna and for no other use or purpose. The installation of the Antenna and all equipment and facilities related thereto, including any required conduit from the Premises to the Antenna, shall be deemed to constitute an alteration subject to the provisions of Section 7.3 of the Lease, provided that Landlord shall not unreasonably withheld, conditioned or delayedwithhold its approval of the same. Landlord makes no representation concerning may require appropriate screening for the suitability of the rooftop or the Land Antenna as a location for the Communications Equipment, and condition of Landlord's approval of the installation of the Antenna. Tenant may have access to the Licensed Area for such uses during normal business hours and at times upon reasonable prior notice to Landlord and shall reimburse Landlord for any reasonable out-of-pocket expenses incurred by Landlord in connection therewith;
(4) The Antenna shall be used only for transmitting and/or receiving data, audio and/or video signals to and from Tenant's plans facilities within the Premises for Tenant's use, and specifications shall not be used or permitted to be used by Tenant for purposes of broadcasting signals to the public or to provide telecommunications or other communications transmitting or receiving services to any third parties as a commercial business;
(5) Landlord reserves the right upon reasonable prior written notice to Tenant to require the removal of any and all of such equipment should Landlord reasonably determine that its presence results in no event be construed as constituting such a representation. material damage to the Building unless Tenant makes satisfactory arrangements to protect Landlord therefrom;
(6) Tenant shall be responsible for obtaining and maintaining all approvalsrequire its employees, permits and licenses required by when using the Licensed Area, to stay within the immediate vicinity thereof. In addition, in the event any federal, state communications system or local government for installation and operation of broadcast or receiving facilities are operating in 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 installedarea, Tenant shall have sole responsibility for at all times during the maintenanceterm of the License conduct its operations so as to ensure that such system or facilities shall not be subjected to harmful interference as a result of such operations by Tenant. Upon notification from Landlord of any such interference, repair Tenant agrees to immediately take the necessary steps to correct such situation, and replacement thereof Tenant's failure to do so shall be deemed a default under the terms of this License, as a result of which Landlord may terminate the License on five (5) days notice, and of all cabling and wiring ancillary thereto. Tenant shall coordinate with Landlord's property manager concerning any penetration remove the Antenna.
(7) During the term of the roof License, Tenant shall comply with any standards promulgated by applicable governmental authorities or otherwise reasonably established by Landlord regarding the exterior facade generation of electromagnetic fields. Should Landlord determine in good faith at any time that the Antenna poses a health or safety hazard to occupants of the Building, and shall in no event take any action that will void any then-existing roof warranty. All repairs Landlord may require Tenant to the Building made necessary by reason of the furnishingmake arrangements satisfactory to Landlord to mitigate such hazard or, installationif Tenant either fails or is unable to make such satisfactory arrangements, 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 Antenna. Any claim or liability resulting from the entire reasonable cost thereof. Tenant's Communications Equipment shall not interfere with the structure use of the Building, any of Antenna or 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 Licensed Area shall have similar rights to maintain Communications Equipment and shall have exercised those rights prior be subject to the exercise thereof by Tenant hereunder. Any such similar rights granted indemnification provisions of this Lease applicable 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 requite Tenant to relocate the Communications Equipment at Landlord's cost to another suitable location on the rooftop reasonably acceptable to Tenant, 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 EquipmentPremises;
(8) During the term of the License, Tenant shall pay all taxes attributable to the Antenna and other equipment owned and installed by Tenant, and Tenant shall assure and provide Landlord with evidence that the Licensed Area and Tenant's use thereof are subject to the insurance coverages otherwise required to be maintained by Tenant as to the Premises pursuant to Exhibit D; and
(9) Upon the expiration or sooner termination of the Lease, Tenant shall remove the Antenna and all related equipment and facilities, including any conduit from the Premises to the Antenna, from the Licensed Area and any other portions of the Building within or upon which the same may be installed, and shall restore the Licensed Area and all other areas affected by such removal to their original condition, reasonable wear and tear excepted, all at its sole cost and expense.
Appears in 1 contract
Communications Equipment. 26.1 Landlord hereby grants to Tenant may a non-exclusive license (the “License”) to install, free of charge (with the right to collect maintain 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") operate on the roof of the Building and/or on portions a single satellite dish not exceeding thirty-six inches (36”) in height or in diameter (the “Antenna”) in accordance with and subject to the terms and conditions set forth below. The Antenna shall be installed at a location designated by Landlord and reasonably acceptable to Tenant (“Licensed Area”). The Licensed Area shall be considered to be a part of the Land (Premises for so long all purposes under the Lease, and except as such portions otherwise expressly provided in this Section 7.6 all provisions applicable to the use of the Land remain subject Premises under the Lease shall apply to the Licensed Area and its use by Tenant.
(1) The Term of the License shall be coterminous with 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 prior 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 Landlord approvals ;
(2) Tenant shall not be obligated to pay any license fee for the use of the Licensed Area pursuant to this Section 7.6 during the Term of this Lease.
(3) Tenant shall use the Licensed Area only for the installation, operation, repair, replacement and maintenance of the Antenna and the necessary mechanical and electrical equipment to service said Antenna and for no other use or purpose. The installation of the Antenna and all equipment and facilities related thereto, including any required conduit from the Premises to the Antenna, shall be deemed to constitute an alteration subject to the provisions of Section 7.3 of the Lease, provided that Landlord shall not unreasonably withheld, conditioned or delayedwithhold its approval of the same. Landlord makes no representation concerning may require appropriate screening for the suitability Antenna as a condition of Landlord’s approval of the rooftop or installation of the Land as a location Antenna. Tenant may have access to the Licensed Area for such uses during normal business hours and at times upon reasonably prior notice to Landlord and shall reimburse Landlord for any reasonably out-of-pocket expenses incurred by Landlord in connection therewith;
(4) The Antenna shall be used only for transmitting and/or receiving data, audio and/or video signals to and from Tenant’s facilities within the Communications EquipmentPremises for Tenant’s use, and shall not be used or permitted to be used by Tenant for purposes of broadcasting signals to the public or to provide telecommunications or other communications transmitting or receiving services to any third parties;
(5) Landlord reserves the right upon reasonable prior written notice to Tenant to require either (a) the relocation of all equipment installed by Tenant to another location on the roof of the Building reasonably designated by Landlord's approval , or (b) the removal of Tenant's plans any and specifications shall all of such equipment should Landlord reasonably determine that its presence results in no event be construed as constituting such a representation. material damage to the Building unless Tenant makes satisfactory arrangements to protect Landlord therefrom;
(6) Tenant shall be responsible for obtaining and maintaining all approvalsrequire its employees, permits and licenses required by when using the Licensed Area, to stay within the immediate vicinity thereof. In addition, in the event any federal, state communications system or local government for installation and operation of broadcast or receiving facilities are operating in 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 installedarea, Tenant shall have sole responsibility for at all times during the maintenanceterm of the License conduct its operations so as to ensure that such system or facilities shall not be subjected to harmful interference as a result of such operations by Tenant. Upon notification from Landlord of any such interference, repair Tenant agrees to immediately take the necessary steps to correct such situation, and replacement thereof and Tenant’s failure to do so shall be deemed a default under the terms of all cabling and wiring ancillary thereto. this Lease.
(7) During the term of the License, Tenant shall coordinate comply with Landlord's property manager concerning any penetration standards promulgated by applicable governmental authorities or otherwise reasonably established by Landlord regarding the generation of electromagnetic fields. Should Landlord determine in good faith at any time that the roof Antenna poses a health or the exterior facade safety hazard to occupants of the Building, and Landlord may require Tenant to make arrangements satisfactory to Landlord to mitigate such hazard or, if Tenant either fails or is unable to make such satisfactory arrangements, to remove the Antenna. Any claim or liability resulting from the use of the Antenna or the Licensed Area shall in no event take any action that will void any then-existing roof warranty. All repairs be subject to the Building made necessary by reason indemnification provisions of this Lease applicable to Tenant’s use of the furnishing, installation, maintenance, operation or removal Premises;
(8) During the term of the Communications Equipment or any replacements License, Tenant shall pay all taxes attributable to the Antenna and other equipment owned and installed by Tenant, and Tenant shall assure and provide Landlord with evidence that the Licensed Area and Tenant’s use thereof shall are subject to the insurance coverages otherwise required to be at Tenant's sole cost. maintained by Tenant as to the Premises pursuant to Exhibit D;
(9) Upon the expiration or sooner termination of this the Lease, Tenant agrees that it will removeshall remove the Antenna and all related equipment and facilities, forthwithincluding any conduit from the Premises to the Antenna, from the Communications Equipment (but not Licensed Area and any other portions of the wiring Building within or accessories) upon which the same may be installed, and shall repair any damage restore the Licensed Area and all other areas affected by such removal to the Building caused by the installation or removal of the Communications Equipment their original condition, reasonable wear and related equipment. In the event tear excepted, all at its sole cost and expense; and
(10) The License is personal to 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 be assignable in whole or in part, and any attempted assignment thereof without he consent of Landlord, which consent may be withheld by Landlord in its sole and absolute discretion, shall immediately terminate 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 partyLicense. Notwithstanding the foregoing, Landlord agrees that it will manage the available space on the rooftop so as to accommodate Tenant's needs Landlord’s consent shall not be required 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 requite Tenant to relocate the Communications Equipment at Landlord's cost to another suitable location on the rooftop reasonably acceptable to Tenant, provided such relocation can be done at a time and in a manner that only minimally and temporarily interferes with Tenant's use an assignment of the Communications EquipmentLicense made in connection with a “Permitted Transfer” of this Lease pursuant to Section 9.4 below.
Appears in 1 contract
Communications Equipment. 26.1 Landlord and Tenant may installacknowledge that, free as a condition to the effectiveness of charge this Lease, on or before the Commencement Date Tenant requires a satellite dish to be mounted on the roof of the Building and cabling from such satellite dish to Tenant’s Premises to make its contemplated system operational. If Tenant desires to install a satellite dish or any other equipment related to fixed wireless, local telephony, broadband infrastructure and similarly, purposed communications services (with collectively, the right to 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"“apparati”) on the roof of the Building, the following requirements shall be observed;
(a) The apparati and all cabling, wiring, risers and similarly-purposed installations appurtenant to the apparati, whether located on the roof or elsewhere in the Building and/or on portions (collectively, the “Wiring”) shall in all respects concerning dimensions and aesthetics (including screening) comply with the City of Phoenix Zoning Ordinance.
(b) Tenant shall have access to the Building roof only through the licensed and bonded contractor(s) it hires to install the apparati and Wiring. Such contractor shall coordinate all installation with the Building manager.
(c) The location of the Land (for so long as such portions apparati and Wiring shall be approved in advance by Landlord. The location of the Land remain apparati on the Building roof is subject to this Lease)change in the sole discretion of Landlord; provided, in an amount and however, any relocation 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 apparati at Landlord's prior 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 Landlord approvals ’s request shall not be unreasonably withheld, conditioned or delayedadversely affect the transmission and reception of communications signals for Tenant’s purposes. Landlord makes no representation concerning shall pay the suitability cost of any re-location of the rooftop apparati (and for any extension or replacement of Wiring needed) that Landlord requires after initial placement on the roof, and Landlord shall pay for any damage done to the roof, the Building or the Land as a location for apparati caused by such Landlord-required re-location. In all events, the Communications Equipment, apparati and Landlord's approval of Tenant's plans and specifications shall in no event Wiring used by Tenant will not be construed as constituting such a representation. interfered with by Landlord during American financial market business hours on business days.
(d) 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 damage 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 by Tenant of the Communications Equipment apparati and Wiring, subject only to the terms of subparagraph (c) above pertaining to re-location obligations.
(e) On or before thirty (30) days prior to the scheduled expiration of this Lease, or within ten (10) days after any other termination of this lease, Landlord may elect by written notice to Tenant to:
(i) Retain any or all Wiring;
(ii) Remove any or all such Wiring and, to the extent affected only by such removal, restore the Premises and risers to their condition existing prior to the installation of the Wiring (“Wire Restoration Work”), and Landlord shall perform such Wire Restoration Work at Tenant’s sole cost and expense within fifteen (15) business days of the Termination Date; or
(iii) Require Tenant to perform the Wire Restoration Work at Tenant’s sole cost and expense, within fifteen (15) business days of the Termination Date, as same may be extended or truncated.
(f) The provisions of this Article 48B shall survive the expiration or sooner termination of the Lease.
(g) In the event Landlord timely elects to retain the Wiring (pursuant to subparagraph (e)(i) hereof), Tenant covenants that:
(i) Tenant shall be the sole owner of such Wiring, that Tenant shall have the right to surrender such Wiring, and that such Wiring shall be free of all liens and encumbrances; and
(ii) Tenant shall not thereafter take any action which adversely affects the Wiring.
(h) Notwithstanding anything to the contrary in Article 4, Landlord may retain Tenant’s Security Deposit after expiration or sooner termination of the Lease until the earliest of the following:
(i) Landlord elects to retain the Wiring pursuant to subparagraph (e)(i), if applicable;
(ii) Landlord elects to perform the Wire Restoration Work pursuant to subparagraph (e)(ii), the Wire Restoration Work is complete, and Tenant has fully reimbursed Landlord for all costs related equipmentthereto; or
(iii) Landlord elects to require the Tenant to perform the Wire Restoration Work pursuant to subparagraph (e)(iii), the Wire Restoration Work is complete, and Tenant has paid for all costs related thereto. In the event Tenant fails or refuses to remove pay all costs of the Communications EquipmentWire Restoration Work within ten (10) days of Tenant’s receipt of Landlord’s notice (accompanied by Landlord’s contractor’s invoices) requesting Tenant’s reimbursement for or direct payment of such costs, Landlord may remove and dispose apply all or any portion of Tenant’s Security Deposit toward the payment 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 unpaid costs relative to the exercise thereof Wire Restoration Work. The application of such Security Deposit 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 Article 48B does not constitute a limitation on or waiver of Landlord’s right to seek further remedies under law or equity if the Security Deposit is Insufficient to pay the Landlord in full for the Wire Restoration Work. Notwithstanding anything to the contrary herein, any portion of Tenant’s Security Deposit not applied pursuant to this Article 48B on or before one month after the Termination Date shall be non-exclusive. immediately paid by 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 requite Tenant to relocate the Communications Equipment at Landlord's cost to another suitable location on the rooftop reasonably acceptable to Tenant, 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: Assignment and Assumption of Lease (Poore Brothers Inc)
Communications Equipment. 26.1 Landlord hereby grants to Tenant may a nonexclusive license (the “License”) to install, free of charge (with the right to collect maintain 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") operate on the roof of the Building and/or on portions a single antenna or satellite dish not exceeding forty-eight inches (48”) in height or thirty-six inches (36”) in diameter (the “Antenna”) in accordance with and subject to the terms and conditions set forth below. The Antenna shall be installed at a location designated by Landlord and reasonably acceptable to Tenant (“Licensed Area"). The Licensed Area shall be considered to be a part of the Land (Premises for so long all purposes under the Lease, and except as such portions otherwise expressly provided in this Section all provisions applicable to the use of the Land remain subject Premises under the Lease shall apply to the Licensed Area and its use by Tenant.
(1) The Term of the License shall be coterminous with 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 prior 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 Landlord approvals ;
(2) Tenant shall not be obligated to pay any license fee for the use of the Licensed Area pursuant to this Section during the Term of this Lease.
(3) Tenant shall use the Licensed Area only for the installation, operation, repair, replacement and maintenance of the Antenna and the necessary mechanical and electrical equipment to service said Antenna and for no other use or purpose. The installation of the Antenna and all equipment and facilities related thereto, including any required screening for the Antenna and any required conduit from the Premises to the Antenna, shall be deemed to constitute an Alteration subject to the provisions of Section 7.3 of the Lease, provided that Landlord shall not unreasonably withheld, conditioned or delayedwithhold its approval of the same. Landlord makes no representation concerning may require appropriate screening for the suitability Antenna as a condition of Landlord’s approval of the rooftop or installation of the Land as a location Antenna. Tenant may have access to the Licensed Area for such uses during normal business hours and at times upon reasonably prior notice to Landlord and shall reimburse Landlord for any reasonable out-of-pocket expenses incurred by Landlord in connection therewith;
(4) The Antenna shall be used only for transmitting and/or receiving data, audio and/or video signals to and from Tenant’s facilities within the Communications EquipmentPremises for Tenant’s use, and Landlord's approval shall not be used or permitted to be used by Tenant for purposes of Tenant's plans and specifications shall broadcasting signals to the public or to provide telecommunications or other communications transmitting or receiving services to any third parties;
(5) Landlord reserves the right upon reasonable prior written notice to Tenant to require the removal of the Antenna should Landlord reasonably determine that its presence results in no event be construed as constituting such a representation. material damage to the Building unless Tenant makes satisfactory arrangements to protect Landlord therefrom;
(6) Tenant shall be responsible for obtaining and maintaining all approvalsrequire its employees, permits and licenses required by when using the Licensed Area, to stay within the immediate vicinity thereof. In addition, in the event any federal, state communications system or local government for installation and operation of broadcast or receiving facilities are operating in 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 installedarea, Tenant shall have sole responsibility for at all times during the maintenanceterm of the License conduct its operations so as to ensure that such system or facilities shall not be subjected to harmful interference as a result of such operations by Tenant. Upon notification from Landlord of any such interference, repair Tenant agrees to immediately take the necessary steps to correct such situation, and replacement thereof and Tenant’s failure to do so shall be deemed a default under the terms of all cabling and wiring ancillary thereto. this Lease.
(7) During the term of the License, Tenant shall coordinate comply with Landlord's property manager concerning any penetration standards promulgated by applicable governmental authorities or otherwise reasonably established by Landlord regarding the generation of electromagnetic fields. Should Landlord determine in good faith at any time that the roof Antenna poses a health or the exterior facade safety hazard to occupants of the Building, and Landlord may require Tenant to make arrangements satisfactory to Landlord to mitigate such hazard or, if Tenant either fails or is unable to make such satisfactory arrangements, to remove the Antenna. Any claim or liability resulting from the use of the Antenna or the Licensed Area shall in no event take any action that will void any then-existing roof warranty. All repairs be subject to the Building made necessary by reason indemnification provisions of this Lease applicable to Tenant’s use of the furnishing, installation, maintenance, operation or removal Premises;
(8) During the term of the Communications Equipment or any replacements License, Tenant shall pay all taxes attributable to the Antenna and other equipment owned and installed by Tenant, and Tenant shall assure and provide Landlord with evidence that the Licensed Area and Tenant’s use thereof shall are subject to the insurance coverages otherwise required to be at Tenant's sole cost. maintained by Tenant as to the Premises pursuant to Exhibit D; and
(9) Upon the expiration or sooner termination of this the Lease, Tenant agrees that it will removeshall remove the Antenna and all related equipment and facilities, forthwithincluding any conduit from the Premises to the Antenna, from the Communications Equipment (but not Licensed Area and any other portions of the wiring Building within or accessories) upon which the same may be installed, and shall repair restore the Licensed Area and all other areas affected by such removal to their original condition, reasonable wear and tear excepted, all at its sole cost and expense.
(10) Tenant’s rights under this Section belong solely to Lantronix, Inc., a Delaware corporation, and any damage to the Building caused by the installation attempted assignment or removal of the Communications Equipment and related equipment. In the event Tenant fails to remove the Communications Equipment, Landlord may remove and dispose transfer 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 void and of 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 requite Tenant to relocate the Communications Equipment at Landlord's cost to another suitable location on the rooftop reasonably acceptable to Tenant, provided such relocation can be done at a time force and in a manner that only minimally and temporarily interferes with Tenant's use of the Communications Equipmenteffect.
Appears in 1 contract
Samples: Lease Agreement (Lantronix Inc)
Communications Equipment. 26.1 Tenant may install, free of charge (with the right shall be permitted to collect install and retain any income that may he derived therefrom), operate at its sole cost, risk and expense, satellite dishes, antennas and a communications equipment (the "COMMUNICATIONS EQUIPMENT") antenna or dish on the roof of the Building and/or on portions Building, provided that (a) the size, wiring, electronics, location, material, method of attachment and color of the Land (for so long as such portions of the Land remain communications antenna or dish shall be 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 prior written approval, which 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 Landlord approvals 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 relocate the communications antenna or dish at Landlord's sole cost and expense, provided such relocation does not impair the reception of the antenna or dish, and (e) Tenant or Tenant's agent will not have access or service the equipment without being accompanied by Landlord's representative. Tenant covenants and agrees that neither Tenant nor its agents or contractors will cause any damage to the Building during the installation, operation, maintenance or removal of the 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 other loss or injury arising out of the installation, operation, maintenance or removal of the communications antenna or dish. At the expiration or sooner termination of the Lease Term or upon the termination of the operation of the communications antenna or dish, Tenant shall remove the same at its own cost. Tenant shall leave the portion of the Building where the communications antenna or dish was located in good order and repair, reasonable wear and tear excepted. If Tenant does not remove the communications antenna or 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. Tenant agrees that Landlord shall not be liable for any property disposed of or removed by Landlord. Landlord makes no representation concerning representations or warranties as to the 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 rooftop existence of the communications antenna or dish. The permission granted herein is non-exclusive. Landlord reserves the Land 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 or elsewhere, so long as a location for such operation does not interfere with Tenant's operation of its communications antenna or dish. Notwithstanding anything to the Communications Equipmentcontrary set forth herein, and Landlord's approval 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 plans and specifications , Tenant shall pay Landlord all costs incurred by Landlord in no event be construed as constituting connection with such a representationwork within twenty (20) days after Tenant is billed therefor. 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 the entire cost of the Communications Equipment and for paying all fees attendant thereto and for complying with all other Legal Requirements relating supplying electricity to the Communications Equipmentcommunications antenna or dish. If the Communications Equipment is installedElectric usage shall be measured, Tenant shall have sole responsibility for the maintenanceat Landlord's option, repair and replacement thereof and of all cabling and wiring ancillary theretoeither (i) by meters installed by Landlord, or (ii) by Landlord's reasonable estimate. Tenant shall coordinate with Landlord's property manager concerning any penetration pay Landlord monthly, within twenty (20) days of the roof or the exterior facade of the Buildingbeing billed therefor, 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 for 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 requite Tenant to relocate the Communications Equipment at Landlord's cost to another suitable location on the rooftop reasonably acceptable to Tenant, 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 Equipmentelectricity.
Appears in 1 contract
Samples: Lease Agreement (Immunicon Corp)
Communications Equipment. 26.1 Tenant may install, free of charge (with shall have the right to collect install and retain any income that may he derived therefrom), at its sole cost, risk and expense, maintain one (1) satellite dishes, antennas and communications equipment dish (the "COMMUNICATIONS EQUIPMENT"“Communications Equipment”) on the roof of the Building and/or on portions of throughout 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 TenantLease Term, subject to Tenant's compliance with the Approved Site Plan following terms and conditions:
(a) The location, size, weight, height and all other Legal Requirements and subject further to Landlord's prior written approval of location, placement, plans features and specifications for of the Communications Equipment and the type and placement manner of all cabling and wiring ancillary thereto, all of which Landlord approvals shall not be unreasonably withheld, conditioned or delayed. Landlord makes no representation concerning the suitability initial installation of the rooftop same shall be subject to Landlord’s prior written approval, which approval may be granted or withheld in Landlord’s sole and absolute discretion; provided, however, that in no event shall (i) the Land as a location diameter of any satellite dish exceed twenty-four (24”), and (ii) any portion of the Communications Equipment extend over the top of the roof of the Building. Tenant shall reimburse Landlord for Landlord’s expenses incurred in such review. All repair and installation required after the initial installation of the Communications Equipment also shall be subject to Landlord’s prior written approval (to be granted or withheld in Landlord’s sole and absolute discretion), which approval shall be at Tenant’s sole cost and expense.
(b) Tenant, at its sole cost and expense, shall procure all necessary governmental permits and licenses for the construction and maintenance of the Communications Equipment, and Landlord's approval shall at all times comply with all requirements of laws, ordinances, orders, rules and regulations of all public authorities and insurance companies which shall impose any order or duty upon Landlord or Tenant with respect to or affecting the Communications Equipment or arising out of Tenant's plans and specifications ’s use or manner of use thereof. The failure by Tenant to procure any such permits shall not in no event be construed as constituting such a representation. any way affect Tenant’s obligations under this Lease.
(c) Tenant shall be responsible for obtaining pay and maintaining discharge all approvalscosts and expenses incurred by Landlord in connection with the furnishing, permits installation, maintenance, operation and licenses required by any federal, state or local government for installation and operation removal 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 within fifteen (15) business days after written demand therefore.
(d) Installation of the Communications Equipment is installed, Tenant shall have be at Tenant’s sole responsibility for expense and risk. The Communications Equipment shall be approved by Landlord and shall be screened from view from the maintenance, repair grounds adjacent to the Building in a manner and replacement thereof and of all cabling and wiring ancillary theretowith materials acceptable to Landlord in its sole discretion. Tenant shall coordinate with Landlord's property manager concerning not disturb the roof membrane or make any other penetration of on the roof or the exterior facade of the BuildingBuilding except as otherwise approved in writing by Landlord in its sole discretion. Tenant shall be permitted access to the roof only upon prior notice to Landlord, provided that, at Landlord’s option, Tenant is accompanied by Landlord’s agent or representative. Any change or attachment to the roof system to which Landlord may consent in its sole and absolute discretion shall be performed at Tenant’s cost by a contractor selected and/or approved by Landlord.
(e) Tenant shall maintain the Communications Equipment in a clean and safe manner throughout the entire Lease Term, and shall in no event take any action that will void any then-existing roof warrantycomply with all applicable laws, ordinances and regulations, as well as such rules and regulations as Landlord had adopted or shall adopt from time to time. All In addition, 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 (including, without limitation, any invalidation of the roof warranty due to Tenant’s actions) shall be at Tenant's ’s sole cost. Upon Not later than the expiration or termination of this Lease, Tenant agrees that it will remove, forthwith, remove promptly the Communications Equipment (but not the and any wiring or accessories) accessories associated with the Communications Equipment and shall repair any damage to the Building or Land caused by the installation or removal of the Communications Equipment and related equipmentequipment and restore the Building to its preexisting condition. In the event Tenant fails to remove the Communications EquipmentEquipment and associated equipment, Landlord may remove and dispose of such the Communications Equipment and associated equipment and charge Tenant the entire reasonable cost thereof.
(f) Landlord may notify Tenant when in Landlord’s reasonable judgment it is necessary to move any Communications Equipment to another part of the roof or to another location on the Land, provided that such relocation will not materially adversely affect Tenant’s ability to use such Communications Equipment, in which event Tenant shall promptly move such Communications Equipment to such location as designated by Landlord or, if applicable, remove such Communications Equipment altogether. If it becomes unlawful for Tenant's ’s Communications Equipment to remain on the roof for any reason, then Tenant shall promptly remove same after receipt of notice from Landlord demanding such removal thereof. Tenant hereby acknowledges and agrees that the requirement that Tenant relocate or remove altogether any Communications Equipment shall not result in any credit or abatement in the rent payable under this Lease.
(g) Landlord may, at Tenant’s expense, install checkmeters or submeters to the electrical circuits serving the Communications Equipment. Tenant shall reimburse Landlord, as additional rent, for all amounts incurred in connection with the electricity consumed by the Communications Equipment, including not only the cost of the electricity consumed, but also the cost of the measurement of such consumption.
(h) Tenant’s Communications Equipment shall not interfere with the operation of the property, the structure of the Building, any of the building Building systems, or, at any time that Tenant is not the sole lessee of the Building, or the equipment (including airwaves reception and other equipment) of any other tenant in the Building who Building.
(i) Tenant shall have similar rights to maintain Communications Equipment and shall have exercised those rights prior such insurance as is appropriate with respect 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 installation, operation and maintenance of the 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 except for physical damage caused by any third party. Notwithstanding the foregoing, Landlord’s gross negligence or willful misconduct and Landlord agrees that it will manage the available space on the rooftop so as to accommodate Tenant's needs expressly makes no representations or warranties with respect to the capacity for Communications Equipment placed on the roof of the Building to the greatest extent reasonably possible, including requesting that other tenants receive or rooftop users relocate their equipment if such relocation is necessary to enable Tenant to operate its Communications Equipmenttransmit signals. Landlord shall have the right to requite Tenant to relocate The operation of the Communications Equipment shall be at Landlord's cost to another suitable location Tenant’s sole and absolute risk. Tenant shall in no event interfere with the use of any other communications equipment located on the rooftop reasonably acceptable roof of the Building.
(j) The Communications Equipment may be used by Tenant only in the conduct of Tenant’s business at the Premises.
(k) In the event that a default occurs under the Lease (as amended hereby) beyond any applicable notice and/or cure period, then, in addition to all other rights and remedies of Landlord, Landlord, in its sole and absolute discretion, may terminate Tenant’s rights pursuant to this Paragraph by written notice to Tenant. Within five (5) business days after such notice, provided such relocation can be done at a time Tenant shall remove the Communications Equipment and in a manner that only minimally any wiring or accessories associated with the Communications Equipment and temporarily interferes with Tenant's use shall repair any damage to the Building or Land caused by the installation or removal of the Communications EquipmentEquipment and related equipment and restore the Building to its preexisting condition. In the event Tenant fails to remove the Communications Equipment and associated equipment, Landlord may remove and dispose of the Communications Equipment and associated equipment and charge Tenant the entire cost thereof.
(1) Tenant’s rights under this Section may be exercised only by Tenant and may not be exercised by any other person or entity.
Appears in 1 contract
Samples: Deed of Lease (Gtsi Corp)
Communications Equipment. 26.1 Tenant may install, free of charge (with shall have the non-exclusive right to collect install and retain any income that may he derived therefrom), at its sole cost, risk and expense, satellite dishes, maintain roof antennas and communications equipment satellite dishes (the "COMMUNICATIONS EQUIPMENTCommunications Equipment") on the roof of the Building and/or on portions of throughout 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 TenantLease Term, subject to Tenant's compliance with the Approved Site Plan following terms and conditions:
(a) The number location, size, weight, height and all other Legal Requirements features and specifications of the Communications Equipment and the manner of initial installation of the same shall be subject further to Landlord's prior written approval, which 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 Landlord approvals shall not be unreasonably withheld, conditioned or delayed. Tenant shall reimburse Landlord makes no representation concerning for Landlord's reasonable out-of-pocket expenses incurred in such review. All repair and installation required after the suitability initial installation of the rooftop Communications Equipment also shall be subject to Landlord's prior written approval (not to be unreasonably withheld, conditioned, or delayed).
(b) Tenant, at its sole cost and expense, shall procure all necessary governmental permits and licenses for the Land as a location for construction and maintenance of the Communications Equipment, and Landlord's approval shall at all times comply with all requirements of laws, ordinances, orders, rules and regulations of all public authorities and insurance companies which shall impose any order or duty upon Landlord or Tenant with respect to or affecting the Communications Equipment or arising out of Tenant's plans and specifications use or manner of use thereof. The failure by Tenant to procure any such permits shall not in no event be construed as constituting such a representation. any way affect Tenant's obligations under this Lease.
(c) Tenant shall be responsible for obtaining pay and maintaining discharge all approvalsreasonable out-of-pocket costs and expenses incurred by Landlord in connection with the furnishing, permits installation, maintenance, operation and licenses required by any federal, state or local government for installation and operation removal 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 within thirty (30) business days after written demand therefor.
(d) Installation of the Communications Equipment is installed, Tenant shall have be at Tenant's sole responsibility for expense and risk. The Communications Equipment shall be approved by Landlord and shall be screened from view from the maintenance, repair grounds adjacent to the Building in a manner and replacement thereof and of all cabling and wiring ancillary theretowith materials reasonably acceptable to Landlord. Tenant shall coordinate with Landlord's property manager concerning not disturb the roof membrane or make any other penetration of on the roof or the exterior facade of the BuildingBuilding except as otherwise approved in writing by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed. Tenant shall be permitted access to the roof only upon prior notice to Landlord, provided that, at Landlord's option, Tenant is accompanied by Landlord's agent or representative. Any change or attachment to the roof system to which Landlord may consent shall be performed at Tenant's cost by a contractor approved by Landlord.
(e) Tenant shall maintain the Communications Equipment in a clean and safe manner throughout the entire Lease Term, and shall in no event take any action that will void any then-existing roof warrantycomply with all applicable laws, ordinances and regulations, as well as such rules and regulations as Landlord had adopted or shall adopt from time to time. All In addition, 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 (including, without limitation, any invalidation of the roof warranty due to Tenant's actions) shall be at Tenant's sole cost. Upon Not later than the expiration or termination of this Lease, Tenant agrees that it will remove, forthwith, remove promptly the Communications Equipment (but not the and any wiring or accessories) accessories associated with the Communications Equipment and shall repair any damage to the Building or Land caused by the installation or removal of the Communications Equipment and related equipmentequipment and restore the Building to its preexisting condition, normal wear and tear excepted. In the event Tenant fails to remove the Communications EquipmentEquipment and associated equipment, Landlord may remove and dispose of such the Communications Equipment and associated equipment and charge Tenant the entire reasonable cost thereof.
(f) Landlord may notify Tenant when in Landlord's reasonable judgment it is necessary to move any Communications Equipment to another part of the roof or to another location on the Land, provided that such relocation will not materially adversely affect Tenant's ability to use such Communications Equipment, in which event Tenant shall promptly move such Communications Equipment to such location as designated by Landlord. Landlord shall reimburse Tenant for the reasonable out-of-pocket costs, if any, incurred by Tenant in connection with any such relocation required by Landlord. If it becomes unlawful for Tenant's Communications Equipment to remain on the roof for any reason, then Tenant shall promptly remove same after receipt of notice from Landlord demanding such removal thereof. Tenant hereby acknowledges and agrees that the requirement that Tenant relocate or remove altogether any Communications Equipment shall not result in any credit or abatement in the rent payable under this Lease.
(g) Tenant shall pay to the utility company all amounts incurred in connection with the electricity consumed by the Communications Equipment in accordance with Section 14.4.
(h) Tenant's Communications Equipment shall not interfere with the operation of the property, the structure of the Building, any of the building Building systems, or, at any time that Tenant is not the sole lessee of the Building, or the equipment (including airwaves reception and other equipment) of any other tenant in the Building who Building.
(i) Tenant shall have similar rights to maintain Communications Equipment and shall have exercised those rights prior such insurance as is appropriate with respect 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 installation, operation and maintenance of the 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 except for physical damage caused solely and directly by any third party. Notwithstanding the foregoing, Landlord's negligence or willful misconduct and Landlord agrees that it will manage the available space on the rooftop so as to accommodate Tenant's needs expressly makes no representations or warranties with respect to the capacity for Communications Equipment placed on the roof of the Building to receive or transmit signals. The operation of the Communications Equipment shall be at Tenant's sole and absolute risk. Tenant shall in no event interfere with the use of any other communications equipment of Landlord located on the roof of the Building and necessary to operate, maintain or service the Building.
(j) The Communications Equipment may be used by Tenant only in the conduct of Tenant's primary business.
(1) In the event Tenant's equipment causes adverse interference to equipment located on the roof of the Building prior to the greatest extent reasonably possibleinstallation of Tenant's equipment, including requesting that other tenants the Building Structure or rooftop users relocate their equipment if such relocation is Building Systems, Tenant will take all steps necessary to enable correct and eliminate the interference. If said interference cannot be eliminated within a reasonable length of time, not to exceed ten (10) days after notice thereof to Tenant, Tenant agrees to operate its Communications Equipmentcease using the equipment that is creating the interference except for short tests necessary for the elimination of the interference. In the event of an emergency or other situation requiring immediate resolution, as determined by Landlord (including without limitation, interference to the Building Structure, the Building Systems, or any other equipment, whether or not located on the roof of the Building), Landlord shall have the right right, but not the obligation, without any prior notice to requite Tenant to relocate attempt to correct or eliminate such interference, at Tenant's sole cost and expense.
(2) In the Communications Equipment at Landlordevent that the equipment of another entity, which equipment is installed in the Building subsequent to the date on which Tenant's cost to another suitable location on the rooftop reasonably acceptable to Tenantequipment is installed, provided such relocation can be done at a time and in a manner that only minimally and temporarily interferes shall adversely interfere with Tenant's use transmission and/or reception from its equipment, then, in such event, Landlord shall cause the owner of such subsequently installed equipment to take all steps necessary to correct and eliminate the interference (except for short tests necessary for the elimination of the Communications Equipmentinterference).
(l) Tenant's rights under this Section may be exercised only by Netrix Corporation, an assignee of this Lease that is a Permitted Transferee of Netrix Corporation, and, provided Tenant leases the entire Building, any other assignee of this Lease approved by Landlord pursuant to Article VII, and may not be exercised by any other entity.
Appears in 1 contract
Samples: Office Lease Agreement (Netrix Corp)
Communications Equipment. 26.1 Provided and on condition that Tenant has not assigned this Lease or sublet all or any portion of the Premises, except to an affiliated entity in accordance with Section 18(a), Tenant may install, free of charge (with the right to 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") erect on the roof of the Building and/or on portions of Buildings, at Tenant’s sole cost and expense, communications equipment (the Land (for so long as such portions of the Land remain “Communications Equipment”) subject to the terms and conditions set forth in Section 14 of 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 Lease and subject further to Landlord's prior written approval of locationthe terms and conditions set forth hereinafter. Prior to installing the Communications Equipment, placement, Tenant shall provide Landlord with plans and specifications for therefor, as well as structural calculations and such other information pertaining to the Communications Equipment as Landlord may reasonably require. Landlord’s prior consent to such plans and specifications, as well as the type location, manner of installation and placement control of the Communications Equipment shall be required. Tenant shall, within thirty (30) days of being billed therefor by Landlord, reimburse Landlord for all cabling reasonable expenses incurred by Landlord in connection with its review of the foregoing. Tenant shall obtain, at its sole cost and wiring ancillary theretoexpense, all of which Landlord governmental permits and approvals shall not be unreasonably withheld, conditioned or delayed. Landlord makes no representation concerning required for the suitability installation and use of the rooftop or Communications Equipment. Tenant shall install the Land as Communications Equipment in a location 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 Tenant shall assume full responsibility for the cost of repair and/or use of the Communications Equipment. Tenant agrees that in the event that any repair or replacement of the roof is required, Tenant will use the roofing contractor designated by Landlord's approval . Under no circumstances shall Landlord be liable for any damage to or vandalism of Tenant's plans and specifications the Communications Equipment. In addition, Landlord shall in no event be construed as constituting such a representation. Tenant shall be responsible if, for obtaining and maintaining all approvalsany reason whatsoever, permits and licenses required by any federal, state or local government for installation and operation of the Communications Equipment does not perform to the expectations of Tenant. In using the Communications Equipment, Tenant agrees: (i) not to materially disrupt, adversely affect or interfere with any other tenant’s or other occupant’s use and for paying all fees attendant thereto enjoyment of its leased premises or any other part of the Property, and for complying (ii) not to disrupt, adversely affect or interfere with all any other Legal Requirements relating 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. If the Communications Equipment is installed, Tenant shall have sole responsibility for the maintenance, repair further agrees that Landlord may install 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 Buildingoperate, and shall in no event take any action that will void any then-existing roof warranty. All repairs to may permit the Building made necessary installation and operation by reason of others of, additional communications equipment on the furnishing, installation, maintenance, operation or removal of the Communications Equipment or any replacements thereof shall be at Tenant's sole costBuildings. Upon the expiration or earlier termination of this Lease, Tenant agrees that it will remove, forthwith, shall remove the Communications Equipment (but not from the wiring or accessories) Buildings and shall repair any damage caused by such removal. Tenant’s failure to timely comply with the Building immediately preceding sentence shall constitute a holding over of the Premises by Tenant until such time as the Communications Equipment is removed and any 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 installation or removal of the Communications Equipment and related equipmentat Tenant’s expense. In the event Tenant fails The aforesaid right 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 install 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 is personal to the Communications Equipment Tenant named herein and shall not apply to the greatest extent reasonably possible, including requesting that other tenants any assignee 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 requite Tenant to relocate the Communications Equipment at Landlord's cost to another suitable location on the rooftop reasonably acceptable to subtenant of Tenant, 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
Communications Equipment. 26.1 Landlord hereby grants to Tenant may install, free of charge (with the right to collect and retain any income that may he derived therefrom), at its sole cost, risk and expense, satellite dishes, antennas and communications equipment a non-exclusive license (the "COMMUNICATIONS EQUIPMENTLicense") to install, maintain and operate on the roof of the Building and/or on portions a single antenna or satellite dish or other communication device not exceeding forty-eight inches (“48") in height or three meters in diameter (the "Antenna") in accordance with and subject to the terms and conditions set forth below. The Antenna shall be instaled at a location designated by Landlord and reasonably acceptable to Tenant ("Licensed Area"). The Licensed Area shall be considered to be a part of the Land (Premises for so long all purposes under the Lease, and except as such portions otherwise expressly provided in this Section all provisions applicable to the use of the Land remain subject Premises under the Lease shall apply to the Licensed Area and its use by Tenant.
(1) The Term of the License shall be coterminous with 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 prior 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 Landlord approvals ;
(2) Tenant shall not be obligated to pay any license fee for the use of the Licensed Area pursuant to this Section during the Term of this Lease.
(3) Tenant shall use the Licensed Area only for the Installation, operation, repair, replacement and maintenance of the Antenna and the necessary mechanical and electrical equipment to service said Antenna and for no other use or purpose. The installation of the Antenna and all equipment and facilities related thereto, including any required screening for the Antenna and any required conduit from the Premises to the Antenna, shall be deemed to constitute an Alteration subject to the provisions of Section 7.3 of the Lease, provided that Landlord shall not unreasonably withheld, conditioned or delayedwithhold its approval of the same. Landlord makes no representation concerning may require reasonable and appropriate screening for the suitability of the rooftop or the Land Antenna as a location for the Communications Equipment, and condition of Landlord's approval of the installation of the Antenna. Tenant may have access to the Licensed Area for such uses during normal business hours and at limes upon reasonable prior notice to Landlord and shall reimburse Landlord for any reasonable out-of-pocket expenses incunred by Landlord in connection therewith;
(4) The Antenna shall be used only for transmitting and/or receiving data, audio and/or video signals to and from Tenant's plans facilities within the Premises for Tenant's use, and specifications shall not be used or permitted to be used by Tenant for purposes of broadcasting signals to the public or to provide telecommunications or other communications transmitting or receiving services to any third parties:
(5) Landlord reserves the right upon reasonable prior written notice to Tenant to require the removal and relocation of the Antenna should Landlord reasonably determine that its presence results in no event be construed as constituting such a representation. material damage to the Building unless Tenant makes satisfactory (in the reasonable discretion of Landlord) arrangements to protect Landlord therefrom;
(6) Tenant shall be responsible for obtaining and maintaining all approvalsrequire its employees, permits and licenses required by when using the Licensed Area, to stay within the immediate vicinity thereof. In addition, in the event any federal, state pre-existing communications system or local government for installation and operation of broadcast or receiving facilities are operating in 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 installedarea, Tenant shall have sole responsibility for at all times during the maintenanceterm of the License use commercially reasonable efforts to conduct its operations so as minimize any material interference to such system or facilities as a result of such operations by Tenant. Upon notification from Landlord of any such material Interference, repair and replacement thereof and Tenant agrees to promptly take the necessary commercially reasonable steps to ameliorate such situation;
(7) During the term of all cabling and wiring ancillary thereto. the License, Tenant shall coordinate comply with Landlord's property manager concerning any penetration standards promulgated by applicable governmental authorities or otherwise reasonably established by Landlord regarding the generation of electromagnetic fields. Should Landlord determine in good faith at any time that the roof Antenna poses a material health or the exterior facade safety hazard to occupants of the Building, and shall in no event take any action that will void any then-existing roof warranty. All repairs Landlord may require Tenant to the Building made necessary by reason of the furnishingmake arrangements reasonably satisfactory to Landlord to mitigate such hazard or, installationIf Tenant either fails or is unable 10 make such satisfactory arrangements, 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 Antenna. Any claim or liability resulting from the entire reasonable cost thereof. Tenant's Communications Equipment shall not interfere with the structure use of the Building, any of Antenna or 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 Licensed Area shall have similar rights to maintain Communications Equipment and shall have exercised those rights prior be subject to the exercise thereof by Tenant hereunder. Any such similar rights granted indemnification, release and waiver provisions of Sections 10 .3, 10.4 and 10.5 of this Lease applicable 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 requite Tenant to relocate the Communications Equipment at Landlord's cost to another suitable location on the rooftop reasonably acceptable to Tenant, 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 EquipmentPremises;
(8) During the term of the License, Tenant shall pay all taxes attributable to the Antenna and other equipment owned and Installed by Tenant, and Tenant shall assure and provide Landlord with evidence that the Licensed Area and Tenant's use thereof are subject to the insurance coverages otherwise required to be maintained by Tenant as to the Premises pursuant to Exhibit D; and
(9) Upon the expiration or sooner termination of the Lease, Tenant shall remove the Antenna and all related equipment and facilities, Including any conduit from the Premises to the Antenna, from the Licensed Area and any other portions of the Building within or upon which the same may be installed, and shall restore the Licensed Area and all other areas affected by such removal to their original condition, reasonable wear and tear and damage caused by casually excepted, all at its sole cost and expense.
(10) Tenant's exterior rights under this Section belong solely to the original Tenant, any transferee pursuant to a Permitted Transfer, and any approved assignee of this Lease or sublessee of the entire Premises, and any other attempted assignment or transfer of such rights &hall be void and of no force and effect.
Appears in 1 contract
Samples: Sublease (Upwork Inc.)
