Common use of Covenants Affecting the Restricted Owners Clause in Contracts

Covenants Affecting the Restricted Owners. (a) Subject to the provisions of Section 2.01 (h), no Restricted Owner shall enter into any Future Lease unless such Future Lease contains restrictions on certain Broadcast activities, as more particularly set forth in Sections 2.01 (b), 2.01(c) and 2.01(d), and on the installation and display of certain images, as more particularly set forth in Sections 2:01(b), 2.01(c) and 2.01(d). The Future Lease provisions required under Sections 2.01 (b), 2.01(c) and 2.01(d) are referred to collectively in this Declaration as the “Restrictive Lease Provisions”. (b) All Future Leases shall include each of the following provisions (or, at the election of the applicable Restricted Owner, provisions which are more restrictive than the following provisions): (i) No tenant shall have the right to: (A) conduct any Broadcast activities from any area of the Condominium Buildings other than the Permitted Building Areas; provided, however, that no tenant may conduct any such Broadcast activities from the Permitted Building Areas on a regular basis; (B) conduct any Broadcast activities or video production activities (or display any signs, symbols or logos commonly identified with such Broadcast or video production activities) in any ground floor or second floor space within 25 yards from the 49th Street/Rockefeller Plaza Corner of Studio lA (except that such distance shall be fifty (50) yards in the due east direction only), unless such activities are not visible from the street in front of Studio lA or from cameras normally used, as of the date of this Declaration, for Studio lA Broadcasts; or (C) operate any ground floor studio, open and visible to the public from the exterior of the Condominium Buildings or from any public portion of the Permitted Building Areas, for the video production or Broadcast of (I) a general news and interview program (e.g., TODAY, NIGHTLY NEWS or MSNBC Programs), or (II) a business or financial news program. (ii) For so long as NBC occupies the largest aggregate number of Net Rentable Square Feet in the Condominium Buildings, the tenant shall not install or display any signs, symbols or logos on the exterior of any of the Condominium Buildings above the second floor thereof. without such tenant first obtaining the prior written consent of NBC. Any permitted signs, symbols or logos for Broadcast or video production activities in the Center (whether displayed on the exterior of the Condominium Buildings or on the exterior of any other Building in the Center) shall be consistent in size, color and general appearance with the then current standards for such signs, symbols or logos throughout the Center. (c) Without limiting the generality of Section 2.01(b), all Future Leases entered into with Tenant-Competitors shall also include each of the following provisions (or, at the election of the applicable Restricted Owner, provisions which are more restrictive than the following provisions): (i) No Tenant-Competitor shall: (A) conduct any Broadcast activities from any area of the Condominium Buildings (including. but not limited to, the Permitted Building Areas) if such Tenant-Competitor is a Competitor of the type described in clause (i) or clause (ii) of the definition of “Competitor” (as set forth in Section 1.01(c)); provided, however, that any Tenant-Competitor which is a Competitor of the type described in clause (iii), clause (iv), clause (v), or clause (vi) of the definition of “Competitor” (as set forth in Section 1.01(c)) may conduct Broadcast activities from within the Permitted Building Areas, so long as such Broadcast activities (1) are not conducted on a regular basis, and (2) comply with the restrictions set forth in Sections 2.01(c)(i)(B), 2.01(c)(ii)(A) and 2.01(c)(ii)(B);

Covenants Affecting the Restricted Owners. (a) Subject to the provisions of Section 2.01 (h), no Restricted Owner shall enter into any Future Lease unless such Future Lease contains restrictions on certain Broadcast activities, as more particularly set forth in Sections 2.01 (b), 2.01(c) and 2.01(d), and on the installation and display of certain images, as more particularly set forth in Sections 2:01(b), 2.01(c) and 2.01(d). The Future Lease provisions required under Sections 2.01 (b2.01(b), 2.01(c) and 2.01(d) are referred to collectively in this Declaration as the “Restrictive Lease Provisions”. (b) All Future Leases shall include each of the following provisions (or, at the election of the applicable Restricted Owner, provisions which are more restrictive than the following provisions): (i) No tenant shall have the right to: (A) conduct any Broadcast activities from any area of the Condominium Buildings other than the Permitted Building Areas; provided, however, that no tenant may conduct any such Broadcast activities from the Permitted Building Areas on a regular basis; (B) conduct any Broadcast activities or video production activities (or display any signs, symbols or logos commonly identified with such Broadcast or video production activities) in any ground floor or second floor space within 25 yards from the 49th Street/Rockefeller Plaza Corner of Studio lA (except that such distance shall be fifty (50) yards in the due east direction only), unless such activities are not visible from the street in front of Studio lA or from cameras normally used, as of the date of this Declaration, for Studio lA Broadcasts; or (C) operate any ground floor studio, open and visible to the public from the exterior of the Condominium Buildings or from any public portion of the Permitted Building Areas, for the video production or Broadcast of (I) a general news and interview program (e.g., TODAY, NIGHTLY NEWS or MSNBC Programs), or (II) a business or financial news program. (ii) For so long as NBC occupies the largest aggregate number of Net Rentable Square Feet in the Condominium Buildings, the tenant shall not install or display any signs, symbols or logos on the exterior of any of the Condominium Buildings above the second floor thereof. without such tenant first obtaining the prior written consent of NBC. Any permitted signs, symbols or logos for Broadcast or video production activities in the Center (whether displayed on the exterior of the Condominium Buildings or on the exterior of any other Building in the Center) shall be consistent in size, color and general appearance with the then current standards for such signs, symbols or logos throughout the Center. (c) Without limiting the generality of Section 2.01(b), all Future Leases entered into with Tenant-Competitors shall also include each of the following provisions (or, at the election of the applicable Restricted Owner, provisions which are more restrictive than the following provisions): (i) No Tenant-Competitor shall: (A) conduct any Broadcast activities from any area of the Condominium Buildings (including. but not limited to, the Permitted Building Areas) if such Tenant-Competitor is a Competitor of the type described in clause (i) or clause (ii) of the definition of “Competitor” (as set forth in Section 1.01(c)); provided, however, that any Tenant-Competitor which is a Competitor of the type described in clause (iii), clause (iv), clause (v), or clause (vi) of the definition of “Competitor” (as set forth in Section 1.01(c)) may conduct Broadcast activities from within the Permitted Building Areas, so long as such Broadcast activities (1) are not conducted on a regular basis, and (2) comply with the restrictions set forth in Sections 2.01(c)(i)(B), 2.01(c)(ii)(A) and 2.01(c)(ii)(B);