GPS Antenna. Tenant shall have the right to maintain and operate within a two (2) feet by two (2) feet area on the roof of the Building, the location of which shall be mutually agreed upon by Landlord and Tenant (the “Licensed Area”), during the Term of this Lease, a GPS antenna system (the “Antenna”) (the size, location, weight, aesthetics, appearance and installation procedures of which must be approved in writing by Landlord, which shall not be unreasonably denied) to be used solely in connection with Tenant’s business in the Premises and in accordance with and subject to the following terms. Landlord will not charge Tenant any rental charge for Tenant’s use of the Licensed Area. In conjunction with Tenant’s right to use the Licensed Area, as provided in the immediately preceding sentence, Tenant shall also have a license to install and maintain associated wiring from the Premises to the Antenna through vertical shaft areas of the Building not leased to Tenant. Tenant shall assure Landlord that the Antenna does not interfere with other equipment currently located on the roof of the Building. In addition, none of Tenant’s installations or equipment may be visible at the ground level in the vicinity of the Building; however, Tenant may install visual barriers around the Antenna, consistent in appearance with a first-class office building, that are seen from the ground level in the vicinity of the Building. Tenant shall utilize a contractor acceptable to Landlord to install the Antenna, which contractor shall comply with Landlord’s construction rules for the Building, including without limitation Landlord’s standard insurance requirements. Landlord reserves the right upon reasonable notice to Tenant to require either (a) the relocation of all equipment installed by tenant to another location on the roof of the Building, or (b) the removal of any or all of such equipment should Landlord determine that its presence may result in damage to the Building and that Tenant has not made satisfactory arrangements to protect Landlord therefrom. Tenant shall use the Licensed Area only for the operation and maintenance of the Antenna and the necessary mechanical and electrical equipment to service the Antenna. The right to utilize the Antenna and Licensed Area shall be limited solely to Tenant and its Permitted Transferee (as defined in Article 16B below), and in no event may Tenant assign or sublicense such right. Nor shall Tenant install any third party equipment on the roof at any time during the Lease, nor shall Tenant allow any third party to place equipment on the roof of the Building. Tenant shall not use the Licensed Area for any improper use or for any operation which would constitute a nuisance, and Tenant shall at all times conform to and comply with all public laws, ordinances and regulations from time to time applicable thereto and to all operations thereon. Tenant shall require its employees, when using the Licensed Area, to stay within the immediate confines thereof. In the event a cable television system is operating in the area, Tenant shall at all times conduct its operations so as to ensure that the cable television system shall not be subject to harmful interference as a result of such operations by Tenant. Upon notification from Landlord of any such interference, Tenant agrees to immediately take the necessary steps to correct such situation, and Tenant’s failure to do so shall be deemed a default under the terms of this Lease. During the Lease Term, Tenant shall comply with any 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 Antenna poses a health or safety hazard to occupants of the Building, Landlord may require Tenant to remove the Antenna or make other arrangements satisfactory to Landlord. Any claim or liability resulting from Ring Central, Inc. Lease 6 the use of the Antenna shall be subject to Tenant’s indemnification obligation as set forth in Article 9 of the Lease. Upon the expiration or earlier termination of this Lease, Tenant shall remove the Antenna and all other equipment installed by it and shall restore the Licensed Area to its original condition.
Appears in 2 contracts
Samples: Office Lease, Office Lease (RingCentral Inc)
GPS Antenna. Tenant shall have (a) Subject to the right provisions of this Section 9.10, Landlord will grant to maintain Tenant, for Tenant's own use and operate within not for resale purposes, a two (2) feet by two (2) feet area non-exclusive license of sufficient space on the roof of the Building, as reasonably determined by Landlord, for a Global Positioning System satellite antenna for use in conjunction with Tenant's equipment and facilities in the Premises (the "GPS Antenna"), at a location reasonably designated by Landlord, taking into account any reasonable "line of sight" requirements of Tenant. In connection therewith, and subject to the rights of other tenants in the Building, Landlord shall make available to Tenant reasonable access to the roof for the construction, installation, upgrade, maintenance, repair, operation and use of the GPS Antenna. If Tenant requires riser space for electrical and telecommunications conduits connecting the Premises to the GPS Antenna, then, subject to reasonable availability of such space in the Building at that time, Landlord shall make available to Tenant, for Tenant's use, sufficient space in the Building, at a location reasonably determined by Landlord, for two (2) risers each not exceeding four inches (4") in diameter, connecting the GPS antenna to a location to be designated by Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed. All work in connection with the installation of such riser, including core drilling, if required, shall be performed at Tenant's sole cost and expense, including the cost of a fire watch and related supervisory costs relating to any core drilling, which shall be mutually agreed performed in such a manner and at such times as Landlord shall prescribe. References herein to the GPS Antenna shall be deemed to include such riser and the electrical and telecommunications conduits therein. If Tenant requires any additional riser space for electrical and telecommunications conduits, then upon request by Tenant, subject to availability of riser space in the Building, Landlord and Tenant will make available riser space at the following rates: (the “Licensed Area”), during the Term of this Leasei) for riser space not exceeding two inches (2") in diameter, a one- time charge of $2.50 per lineal foot, and (ii) for riser space in excess of two inches (2") in diameter but not exceeding four inches (4") in diameter, a one-time charge of $5.00 per lineal foot.
(b) The installation of the GPS antenna system Antenna shall constitute an Alteration and shall be performed at Tenant's sole cost and expense (the “Antenna”) (the size, location, weight, aesthetics, appearance including any costs and installation procedures of which must be approved in writing by Landlord, which shall not be unreasonably denied) to be used solely expenses in connection with Tenant’s business in reinforcing the Premises and roof of the Building, if required) in accordance with and subject to the following termsprovisions of Article 3 hereof. Tenant shall pay a license fee to Landlord will not charge Tenant any rental charge for Tenant’s use the GPS Antenna, as Additional Rent, in advance, on the first day of each month during the Term, an amount equal to one-twelfth (1/12) of the Licensed Areaproduct of (a) $25.00, multiplied by (b) the total square footage of roof area, calculated by determining the smallest square or rectangle on the roof of the Building encompassing the largest portion of the GPS Antenna (and based upon that portion of the roof actually used for the GPS Antenna), from the time of the installation of the GPS Antenna until the removal thereof. In conjunction All of the provisions of this Lease shall apply to the installation, use and maintenance of the GPS Antenna, including all provisions relating to compliance with Legal Requirements (including all FCC rules and regulations), insurance, indemnity, repairs and maintenance. The license granted to Tenant in this Section 9.10 shall not be assignable by Tenant separately from this Lease. The GPS Antenna shall be treated for all purposes of this Lease as Tenant’s 's Property.
(c) Landlord retains the right to use the Licensed Area, as provided in portion of the immediately preceding sentence, roof on which the GPS Antenna is located for any purpose whatsoever. Tenant shall also have a license reasonable access to install at all times, and maintain associated wiring from Landlord shall not interfere with, the Premises use of the GPS Antenna so as to cause the transmission or reception of communication signals to be materially interrupted or impaired. Tenant shall use the GPS Antenna through vertical shaft areas so as not to cause any interference to Landlord's use of the roof, including the use by Landlord or other tenants or occupants of the Building not leased of data transmission equipment thereon, or damage to or interference with the operation of the Building or the Building Systems. If the GPS Antenna interferes with or disturbs the reception or transmission or communication signals by or from any antennas, satellite dishes or similar equipment previously installed by Landlord or any other tenant in the Building, or interferes with the operation of the Building or the Building Systems, then Tenant, at its sole cost and expense, shall construct all necessary shielding, or if shielding shall fail to eliminate such disturbance or interference, relocate Tenant's GPS Antenna to another area on the roof designated by Landlord. Tenant shall assure If such interference or disturbance still occurs despite such relocation, or if Landlord determines in its reasonable judgment that the GPS Antenna does (i) may cause a health hazard or danger to property, (ii) may not interfere be in accordance with other equipment currently located on governmental or quasi-governmental standards for non-ionizing radiation for occupational and/or general public levels, then Tenant, at its sole cost and expense, shall promptly remove the GPS Antenna from the roof of the Building. In additionthe event Tenant fails to relocate or remove the GPS Antenna, none of Tenant’s installations or equipment Landlord may be visible at the ground level do so, and Tenant shall promptly reimburse Landlord for any costs incurred by Landlord in the vicinity connection therewith.
(d) If Tenant fails to comply with any of the Building; howeverconditions set forth in this Section 9.10, Tenant then, without limiting the rights and remedies Landlord may install visual barriers around otherwise have under this Lease, Tenant, upon written notice from Landlord, at Landlord's option, shall immediately discontinue its use of the GPS Antenna, consistent in appearance with a first-class office building, that are seen from the ground level in the vicinity of the Building. Tenant shall utilize a contractor acceptable to Landlord to install the Antenna, which contractor shall comply with Landlord’s construction rules for the Building, including without limitation Landlord’s standard insurance requirements. Landlord reserves the right upon reasonable notice to Tenant to require and either (ai) remove the relocation of all equipment installed by tenant to another location on the roof of the BuildingGPS Antenna, or (bii) reposition the removal of any or GPS Antenna to a location designated by Landlord, all of such equipment should at Tenant's sole cost and expense. Notwithstanding the foregoing, Landlord determine that may at its presence may result in damage to the Building and that Tenant has not made satisfactory arrangements to protect Landlord therefrom. Tenant shall use the Licensed Area only for the operation and maintenance of the Antenna and the necessary mechanical and electrical equipment to service the Antenna. The right to utilize the Antenna and Licensed Area shall be limited solely to Tenant and its Permitted Transferee (as defined in Article 16B below)option, and in no event may Tenant assign or sublicense such right. Nor shall Tenant install any third party equipment on the roof at any time during the LeaseTerm after reasonable prior notice to Tenant (except in the event of an emergency) relocate the GPS Antenna to another area on the roof designated by Landlord, provided that such relocation of the GPS Antenna does not cause the transmission or reception of communication signals to be materially interrupted or impaired other than temporarily, and except as set forth in Section 9.10(c) with respect to interference or disturbance with the reception or transmission of communication signals to or from existing antennas, satellite dishes or similar equipment, such relocation is performed at Landlord's sole cost and expense.
(e) Landlord shall not have any obligations with respect to the GPS Antenna or compliance with any Legal Requirements (including the obtaining of any required permits or licenses, or the maintenance thereof) relating thereto, nor shall Landlord be responsible for any damage that may be caused to Tenant allow or the GPS Antenna by any third party to place equipment on the roof other tenant or occupant of the Building. Tenant shall Landlord makes no representation that the GPS Antenna will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the Licensed Area for any improper use or for any operation which would constitute a nuisance, roof) and Tenant shall at all times conform to and comply with all public laws, ordinances and regulations from time to time applicable thereto and to all operations thereon. Tenant shall require its employees, when using the Licensed Area, to stay within the immediate confines thereof. In the event a cable television system is operating in the area, Tenant shall at all times conduct its operations so as to ensure agrees that the cable television system Landlord shall not be subject liable to harmful interference Tenant therefor.
(f) Tenant shall (i) be solely responsible for any damage caused as a result of such operations the use of the GPS Antenna, (ii) promptly pay any tax, license, permit or other fees or charges imposed pursuant to any Legal Requirements relating to the installation, maintenance or use of the GPS Antenna, (iii) promptly comply with all precautions and safeguards recommended by Landlord's insurance company and all Governmental Authorities, and (iv) perform all necessary repairs or replacements to, or maintenance of, the GPS Antenna, provided, however, that if Tenant. Upon notification 's failure after notice from Landlord of to so repair, replace or maintain the GPS Antenna jeopardizes in any such interference, Tenant agrees to immediately take way Landlord's or any other tenant's property located on the necessary steps to correct such situation, and Tenant’s failure to do so shall be deemed a default under the terms of this Lease. During the Lease Term, Tenant shall comply with any standards promulgated by applicable governmental authorities roof or otherwise reasonably established by Landlord regarding the 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 within the Building, Landlord may require may, at Landlord's option, elect to perform such repairs, replacements or maintenance at Tenant's sole cost and expense. Landlord shall give Tenant reasonable prior notice of its election to remove perform such repairs, except in an emergency.
(g) The privileges granted Tenant under this Section 9.10 merely constitute a license and shall not, now or at any time after the Antenna or make other arrangements satisfactory to Landlord. Any claim or liability resulting from Ring Central, Inc. Lease 6 the use installation of the Antenna GPS Antenna, be deemed to grant Tenant a leasehold or other real property interest in the Building or any portion thereof, including, but not limited to, the Building's roof. The license granted to Tenant in this Section 9.10 shall be subject to Tenant’s indemnification obligation as set forth in Article 9 of the Lease. Upon automatically terminate and expire upon the expiration or earlier termination of this LeaseLease and the termination of such license shall be self-operative and no further instrument shall be required to effect such termination. Notwithstanding the foregoing upon request by Landlord, Tenant Tenant, at Tenant's sole cost and expense, shall remove promptly execute and deliver to Landlord, in recordable form, any certificate or other document required by Landlord confirming the Antenna and all other equipment installed by it and shall restore termination of Tenant's right to use the Licensed Area to its original conditionroof of the Building.
Appears in 1 contract
Samples: Lease Agreement (Ibasis Inc)
GPS Antenna. (a) Effective as of the Term Commencement Date, Landlord agrees to grant to Tenant shall have the right a license to maintain and operate within use a two (2) feet by two (2) feet area on portion of the roof of the Building, Building and enjoy 24-hour access thereto (the ‘Rooftop License”) at a technologically sufficient location to be proposed by Tenant and approved by Landlord (which approval shall not be unreasonably withheld or delayed provided the installation of the GPS Antenna in the location proposed by Tenant does not materially and adversely affect (i) the structural integrity of which shall the Building or (ii) any electrical, mechanical, or other system of the Building) consisting of approximately no more than four (4) square horizontal feet (the ‘Rooftop Installation Area”), with any guide wires to be located therein or within the immediate vicinity. The Rooftop Installation Area is to be used by Tenant solely for the installation, operation, maintenance, repair and replacement during the Term of this Lease of a GPS antenna eighteen (18”) inches in diameter and other related communications equipment, including one two-inch (2”) conduit connecting the antenna to the Premises, to be located in a vertical chase mutually agreed upon designated by Landlord and Tenant (collectively, the “Licensed Area‘GPS Antenna”). Tenant’s installation and operation of the GPS Antenna and its obligations with respect thereto shall be all in accordance with the terms, during provisions, conditions and agreements contained in this Lease.
(b) Tenant shall install the Term GPS Antenna in the Rooftop Installation. Area at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate and in accordance with all of the applicable provisions of this LeaseLease (including, a without limitation, Section 3.3). Landlord shall not be obligated to perform any work or incur any expense to prepare the Rooftop Installation Area for Tenant’s use thereof.
(c) Tenant shall not install or operate the GPS antenna system (the “Antenna”) (the size, location, weight, aesthetics, appearance and installation procedures of which must be approved in writing by Antenna until it receives prior written approval from Landlord, which approval Landlord agrees shall not be unreasonably denied) to be used solely in connection withheld, conditioned, or delayed provided, and on the condition that Tenant complies with Tenant’s business in the Premises and in accordance with and subject to the following terms. Landlord will not charge Tenant any rental charge for Tenant’s use all of the Licensed Arearequirements of this Lease (including, without limitation, Section 3.3 and this Article XII). In conjunction with Tenant’s right Prior to use the Licensed Area, as provided in the immediately preceding sentencecommencing such installation, Tenant shall also have a license to install provide Landlord with (i) copies of all required permits, licenses and authorizations which Tenant will obtain at its own expense and which Tenant will maintain associated wiring from at all times during the Premises to the Antenna through vertical shaft areas operation of the Building not leased GPS Antenna; and (ii) a certificate of insurance evidencing insurance coverage as required by this Lease and any other insurance reasonably required by Landlord for the installation and operation of the GPS Antenna. Landlord may withhold approval if the installation or operation of the GPS Antenna reasonably would be expected to Tenant. damage the structural integrity of the Building.
(d) Tenant covenants that (i) Tenant shall assure Landlord that the Antenna does not interfere with other equipment currently located on repair any damage to the roof of the Building caused by the installation or operation of the GPS Antenna, (ii)the installation and operation of the GPS Antenna on the roof shall not cause interference with any telecommunications, mechanical or other systems either located or servicing the Building (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building. In addition) or located at or servicing any building, none of Tenant’s installations premises or equipment may be visible at the ground level location in the vicinity of the Building; however, Tenant may install visual barriers around except to the Antennaextent permissible under applicable F.C.C. regulations and (iii) the installation, consistent in appearance existence, maintenance and operation of the GPS Antenna shall not constitute a violation of any applicable laws, ordinances, rules, order, regulations, etc., of any Federal, State, or municipal authorities having jurisdiction thereover, or constitute a nuisance or interfere with a first-class office building, that are seen from the ground level use and enjoyment of the premises of any other tenant in the vicinity Building.
(e) The term of the Building. Tenant shall utilize a contractor acceptable to Landlord to install the Antenna, which contractor shall comply with Landlord’s construction rules for the Building, including without limitation Landlord’s standard insurance requirements. Landlord reserves the right upon reasonable notice to Tenant to require either (a) the relocation of all equipment installed by tenant to another location on the roof of the Building, or (b) the removal of any or all of such equipment should Landlord determine that its presence may result in damage to the Building and that Tenant has not made satisfactory arrangements to protect Landlord therefrom. Tenant shall use the Licensed Area only for the operation and maintenance of the Antenna and the necessary mechanical and electrical equipment to service the Antenna. The right to utilize the Antenna and Licensed Area shall be limited solely to Tenant and its Permitted Transferee (as defined in Article 16B below), and in no event may Tenant assign or sublicense such right. Nor shall Tenant install any third party equipment on the roof at any time during the Lease, nor shall Tenant allow any third party to place equipment on the roof of the Building. Tenant shall not use the Licensed Area for any improper use or for any operation which would constitute a nuisance, and Tenant shall at all times conform to and comply with all public laws, ordinances and regulations from time to time applicable thereto and to all operations thereon. Tenant shall require its employees, when using the Licensed Area, to stay within the immediate confines thereof. In the event a cable television system is operating in the area, Tenant shall at all times conduct its operations so as to ensure that the cable television system shall not be subject to harmful interference as a result of such operations by Tenant. Upon notification from Landlord of any such interference, Tenant agrees to immediately take the necessary steps to correct such situation, and Tenant’s failure to do so Rooftop License shall be deemed a default under to commence on the terms of this Lease. During the Lease Term, Tenant shall comply with any 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 Antenna poses a health or safety hazard to occupants of the Building, Landlord may require Tenant to remove the Antenna or make other arrangements satisfactory to Landlord. Any claim or liability resulting from Ring Central, Inc. Lease 6 the use of the Antenna shall be subject to Tenant’s indemnification obligation as set forth in Article 9 of the Lease. Upon Term Commencement Date and expire on the expiration or earlier termination of the Term of this Lease.
(f) Tenant shall pay to Landlord as Additional Rent (the ‘‘GPS Rent”), all applicable taxes or governmental charges, fees, or impositions imposed upon Landlord and arising out of Tenant’s use of the Rooftop Installation Area, and the amount, if any, by which Landlord’s insurance premiums increase as a result of the installation of the GPS Antenna.
(g) Tenant covenants and agrees that the installation, operation and removal of the GPS Antenna will be at its sole risk. Tenant agrees to indemnify and defend Landlord and all other Indemnitees (as defined in Section 5.6.1) against all claims, actions, actual and punitive damages, liabilities and expenses including reasonable attorney’s fees by counsel of Landlord’s choice incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury or as a result of any litigation arising out of the installation, use, operation, or removal of the GPS Antenna by Tenant or its transferee, including any liability arising out of Tenant’ s violation of its obligations under paragraph (d) of this Article XII (except if such liability is caused by the gross negligence or willful misconduct of Landlord or its employees, agents, or contractors). Landlord assumes no responsibility for interference in the operation of the GPS Antenna caused by other tenants’ telecommunications equipment, or for interference in the operation of other tenants’ telecommunications equipment caused by the GPS Antenna.
(h) Within fifteen (15) days following the expiration or earlier termination of the Lease or the permanent termination of the operation of the GPS Antenna by Tenant, Tenant shall, at its sole cost and expense, (i) remove the GPS Antenna from the Rooftop Installation Area and the Building in accordance with the terms hereof, (ii) leave the Rooftop Installation Area in good order and repair, reasonable wear and tear excepted and (iii) pay all amounts due and owing with respect to the Rooftop License up to the date of the termination thereof. If Tenant does not remove the GPS Antenna when so required, the GPS Antenna shall become Landlord’s property and, at Landlord’s election, Landlord may remove and dispose of the GPS Antenna and charge Tenant for all costs and expenses incurred as Additional Rent. Notwithstanding that Tenant’s use of the Rooftop Installation Area shall be subject at all times to and shall be in accordance with the terms, covenants, conditions and agreements contained in this Lease, the Rooftop Installation Area shall not be deemed part of the Premises. All Tenant obligations under this Article XII shall remove survive the Antenna and all other equipment installed by it and shall restore the Licensed Area to its original conditionTerm of this Lease.
Appears in 1 contract
GPS Antenna. 12.1.1 Effective as of the Term Commencement Date, Landlord agrees to grant to Tenant shall have the right a license to maintain and operate within use a two (2) feet by two (2) feet area on portion of the roof of the Building, Building and enjoy 24-hour access thereto (the "Rooftop License") at a technologically sufficient location to be proposed by Tenant and approved by Landlord (which approval shall not be unreasonably withheld or delayed provided the installation of the GPS Antenna in the location proposed by Tenant does not materially and adversely affect (i) the structural integrity of which shall the Building or (ii) any electrical, mechanical, or other system of the Building) consisting of approximately no more than thirty (30) square horizontal feet (the "Rooftop Installation Area"), with any guide wires to be located therein or within the immediate vicinity. The Rooftop Installation Area is to be used by Tenant solely for the installation, operation, maintenance, repair and replacement during the Term of this Lease of a GPS antenna eighteen (18") inches in diameter and other related communications equipment, including one two-inch (2") conduit connecting the antenna to the Premises, to be located in a vertical chase mutually agreed upon designated by Landlord and Tenant (collectively, the “Licensed Area”), during the Term of this Lease, a "GPS antenna system (the “Antenna”") (the size, location, weight, aesthetics, appearance and installation procedures of which must be approved for Tenant's Supplemental AC System as Landlord approves in writing by Landlordadvance in writing, which approval shall not be unreasonably denied) withheld, conditioned or delayed. Tenant's installation and operation of the GPS Antenna and of Tenant's Supplemental AC System and its obligations with respect thereto shall be all in accordance with the terms, provisions, conditions and agreements contained in this Lease.
12.1.2 Tenant shall install the GPS Antenna and Tenant's Supplemental AC System, provided Tenant elects to be used solely in connection with install the Tenant’s business 's Supplemental AC System, in the Premises Rooftop Installation Area at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate and in accordance with and subject to all of the following termsapplicable provisions of this Lease. Landlord will shall not charge Tenant be obligated to perform any rental charge work or incur any expense to prepare the Rooftop Installation Area for Tenant’s 's use thereof.
12.1.3 Tenant shall not install or operate the GPS Antenna or Tenant's Supplemental AC System until it receives prior written approval from Landlord, which approval Landlord agrees shall not be unreasonably withheld, conditioned, or delayed provided, and on the condition that Tenant complies with all of the Licensed Arearequirements of this Lease (including, without limitation, this Article XII). In conjunction with Tenant’s right Prior to use the Licensed Area, as provided in the immediately preceding sentencecommencing such installation, Tenant shall also have a license to install provide Landlord with (i) copies of all required permits, licenses and authorizations which Tenant will obtain at its own expense and which Tenant will maintain associated wiring from at all times during the Premises to the Antenna through vertical shaft areas operation of the Building not leased GPS Antenna and Tenant's Supplemental AC System, if applicable; and (ii) a certificate of insurance evidencing insurance coverage as required by this Lease and any other insurance reasonably required by Landlord for the installation and operation of the GPS Antenna and Tenant's Supplemental AC System, if applicable. Landlord may withhold approval if the installation or operation of the GPS Antenna or the Tenant's Supplemental AC System reasonably would be expected to Tenant. damage the structural integrity of the Building.
12.1.4 Tenant covenants that (i) Tenant shall assure Landlord that the Antenna does not interfere with other equipment currently located on repair any damage to the roof of the Building caused by the installation or operation of the GPS Antenna and Tenant's Supplemental AC System, if applicable, (ii) the installation and operation of the GPS Antenna on the roof shall not cause interference with any telecommunications, mechanical or other systems either located or servicing the Building (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building. In addition) or located at or servicing any building, none of Tenant’s installations premises or equipment may be visible at the ground level location in the vicinity of the Building; however, Tenant may install visual barriers around except to the Antennaextent permissible under applicable F.C.C. regulations and (iii) the installation, consistent in appearance existence, maintenance and operation of the GPS Antenna and Tenant's Supplemental AC System, if applicable, shall not constitute a violation of any applicable laws, ordinances, rules, order, regulations, etc., of any Federal, State, or municipal authorities having jurisdiction thereover, or constitute a nuisance or interfere with a first-class office building, that are seen from the ground level use and enjoyment of the premises of any other tenant in the vicinity Building.
12.1.5 The term of the BuildingRooftop License shall be deemed to commence on the Term Commencement Date and expire on the expiration or earlier termination of the Term of this Lease.
12.1.6 Tenant shall pay to Landlord as Additional Rent (the "GPS Rent"), all applicable taxes or governmental charges, fees, or impositions imposed upon Landlord and arising out of Tenant's use of the Rooftop Installation Area, and the amount, if any, by which Landlord's insurance premiums increase as a result of the installation of the GPS Antenna and Tenant's Supplemental AC System, if applicable.
12.1.7 Tenant covenants and agrees that the installation, operation and removal of the GPS Antenna and Tenant's Supplemental AC System, if applicable, will be at its sole risk. Tenant shall utilize a contractor acceptable agrees to indemnify and defend Landlord to install the Antenna, which contractor shall comply with Landlord’s construction rules for the Building, including without limitation Landlord’s standard insurance requirements. Landlord reserves the right upon reasonable notice to Tenant to require either (a) the relocation of and all equipment installed by tenant to another location on the roof of the Building, or (b) the removal of any or all of such equipment should Landlord determine that its presence may result in damage to the Building and that Tenant has not made satisfactory arrangements to protect Landlord therefrom. Tenant shall use the Licensed Area only for the operation and maintenance of the Antenna and the necessary mechanical and electrical equipment to service the Antenna. The right to utilize the Antenna and Licensed Area shall be limited solely to Tenant and its Permitted Transferee other Indemnitees (as defined in Article 16B below)Section 5.6.1) against all claims, actions, actual and punitive damages, liabilities and expenses including reasonable attorney's fees by counsel of Landlord's choice incurred in no event may Tenant assign connection with the loss of life, personal injury, damage to property or sublicense such right. Nor shall Tenant install business or any third party equipment on the roof at any time during the Lease, nor shall Tenant allow any third party to place equipment on the roof of the Building. Tenant shall not use the Licensed Area for any improper use other loss or for any operation which would constitute a nuisance, and Tenant shall at all times conform to and comply with all public laws, ordinances and regulations from time to time applicable thereto and to all operations thereon. Tenant shall require its employees, when using the Licensed Area, to stay within the immediate confines thereof. In the event a cable television system is operating in the area, Tenant shall at all times conduct its operations so as to ensure that the cable television system shall not be subject to harmful interference injury or as a result of such operations by Tenant. Upon notification from Landlord of any such interference, Tenant agrees to immediately take the necessary steps to correct such situation, and Tenant’s failure to do so shall be deemed a default under the terms of this Lease. During the Lease Term, Tenant shall comply with any 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 Antenna poses a health or safety hazard to occupants litigation arising out of the Buildinginstallation, Landlord may require Tenant to remove use, operation, or removal of the GPS Antenna or make other arrangements satisfactory to LandlordTenant's Supplemental AC System, if applicable, by Tenant or its transferee, including any liability arising out of Tenant's violation of its obligations under Section 12.1.4 (except if such liability is caused by the gross negligence or willful misconduct of Landlord or its employees, agents, or contractors). Any claim or liability resulting from Ring Central, Inc. Lease 6 Landlord assumes no responsibility for interference in the use operation of the GPS Antenna shall be subject to Tenant’s indemnification obligation as set forth caused by other tenants' telecommunications equipment, or for interference in Article 9 the operation of other tenants' telecommunications equipment caused by the Lease. Upon GPS Antenna.
12.1.8 Within fifteen (15) days following the expiration or earlier termination of this LeaseLease or the permanent termination of the operation of the GPS Antenna by Tenant, Tenant shall, at its sole cost and expense, (i) remove the GPS Antenna from the Rooftop Installation Area and the Building in accordance with the terms hereof, (ii) leave the Rooftop Installation Area in good order and repair, reasonable wear and tear excepted and (iii) pay all amounts due and owing with respect to the Rooftop License up to the date of the termination thereof. Notwithstanding anything herein to the contrary, Tenant shall not be obligated to remove Tenant's Supplemental AC System at the expiration or earlier termination of the Term, except if Tenant's Supplemental AC System is not in good working order at the time of such expiration or earlier termination or at the time Tenant terminates operation of Tenant's Supplemental AC System, after which Tenant shall be obligated to remove Tenant's Supplemental AC System and comply with the requirements of the preceding sentence. If Tenant does not remove the GPS Antenna or Tenant's Supplemental AC System, if applicable, when so required, the GPS Antenna or Tenant's Supplemental AC System, if applicable, shall become Landlord's property and, at Landlord's election, Landlord may remove and dispose of the GPS Antenna or Tenant's Supplemental AC System, if applicable, and charge Tenant for all costs and expenses incurred as Additional Rent. Notwithstanding that Tenant's use of the Rooftop Installation Area shall be subject at all times to and shall be in accordance with the terms, covenants, conditions and agreements contained in this Lease, the Rooftop Installation Area shall not be deemed part of the Premises. All Tenant obligations under this Article XII shall survive the expiration of the Term of this Lease.
13.1 BACK-UP GENERATOR.
13.1.1 Effective as of the Term Commencement Date, Landlord agrees to grant to Tenant a license to use a portion of the ground near the Building and enjoy 24-hour access thereto (the "Ground License") at a technologically sufficient location designated by Landlord in its sole discretion (the "Ground Installation Area"). The Ground Installation Area is to be used by Tenant solely for the installation, operation, maintenance, repair and replacement during the Term of this Lease of a back-up ground level generator and related fuel supply and infrastructure comparable to Landlord's existing 850KVA facility, to support Tenant's data center and other Tenant critical facilities and equipment (the "Generator"). Tenant's installation and operation of the Generator and its obligations with respect thereto shall be all in accordance with the terms, provisions, conditions and agreements contained in this Lease.
13.1.2 Tenant shall install the Generator in the Ground Installation Area at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate and in accordance with all of the applicable provisions of this Lease (including, without limitation, Section 3.3). Landlord shall not be obligated to perform any work or incur any expense to prepare the Ground Installation Area for Tenant's use thereof.
13.1.3 Tenant shall not install or operate the Generator until it receives prior written approval from Landlord, which approval Landlord agrees shall not be unreasonably withheld, conditioned, or delayed (except as set forth in Section 13.1.1),provided, and on the condition that Tenant complies with all of the requirements of this Lease (including, without limitation, Section 3.3 and this Article XIII). Prior to commencing such installation, Tenant shall provide Landlord with (i) copies of all required permits, licenses and authorizations which Tenant will obtain at its own expense and which Tenant will maintain at all times during the operation of the Generator; and (ii) a certificate of insurance evidencing insurance coverage as required by this Lease and any other insurance reasonably required by Landlord for the installation and operation of the Generator. Landlord may withhold approval if the installation or operation of the Generator reasonably would be expected to damage the structural integrity of the Building. Tenant agrees to reimburse Landlord for reasonable expenses incurred in connection with the review and approval of Tenant's plans showing the proposed installation of the Generator.
13.1.4 Tenant covenants that (i) Tenant shall repair any damage to the Land or Building caused by the installation or operation of the Generator, (ii) the installation and operation of the Generator on the ground shall not cause interference with any telecommunications, mechanical or other systems either located or servicing the Building (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building) or located at or servicing any building, premises or location in the vicinity of the Building, and (iii) the installation, existence, maintenance and operation of the Generator shall not constitute a violation of any applicable laws, ordinances, rules, order, regulations, etc., of any Federal, State, or municipal authorities having jurisdiction thereover, or constitute a nuisance or interfere with the use and enjoyment of the premises of any other tenant in the Building.
13.1.5 The term of the Ground License shall be deemed to commence on the Term Commencement Date and expire on the expiration or earlier termination of the Term of this Lease.
13.1.6 Tenant shall pay to Landlord as Additional Rent (the "Generator Rent"), all applicable taxes or governmental charges, fees, or impositions imposed upon Landlord (excluding Taxes) and arising out of Tenant's use of the Ground Installation Area, and the amount, if any, by which Landlord's insurance premiums increase as a result of the installation of the Generator.
13.1.7 Tenant covenants and agrees that the installation, operation and removal of the Generator will be at its sole risk. Tenant agrees to indemnify and defend Landlord and all other equipment installed Indemnitees (as defined in Section 5.6.1) against all claims, actions, actual and punitive damages, liabilities and expenses including reasonable attorney's fees by it counsel of Landlord's choice incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury or as a result of any litigation arising out of the installation, use, operation, or removal of the Generator by Tenant or its transferee, including any liability arising out of Tenant's violation of its obligations under Section 13.1.4 (except if such liability is caused by the gross negligence or willful misconduct of Landlord or its employees, agents, or contractors).
13.1.8 Within fifteen (15) days following the expiration or earlier termination of the Lease or the permanent termination of the operation of the Generator by Tenant, Tenant shall, at its sole cost and expense, (i) remove the Generator from the Ground Installation Area and the Building in accordance with the terms hereof, (ii) leave the Ground Installation Area in good order and repair, reasonable wear and tear excepted and (iii) pay all amounts due and owing with respect to the Ground License up to the date of the termination thereof. If Tenant does not remove the Generator when so required, at Landlord's election, Landlord may remove and dispose of the Generator and charge Tenant for all costs and expenses incurred as Additional Rent. Notwithstanding that Tenant's use of the Ground Installation Area shall be subject at all times to and shall restore be in accordance with the Licensed terms, covenants, conditions and agreements contained in this Lease, the Ground Installation Area to its original conditionshall not be deemed part of the Premises. All Tenant obligations under this Section 13.1 shall survive the Term of this Lease.
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