Common use of LEASE PROVISIONS APPLICABLE Clause in Contracts

LEASE PROVISIONS APPLICABLE. The provisions of the other Sections of the Lease shall apply to the Ancillary Sites and this License (except to the extent inconsistent with the provisions of this Paragraph 10), and any default by Tenant under this Paragraph 10 shall constitute a Default under the Lease for purposes of Section 18 of the Lease. Without limiting the generality of the foregoing, the indemnification, insurance and hold-over provisions of the Lease shall apply in full to Tenant’s License of the Ancillary Sites and Tenant’s installation, operation and maintenance of the Equipment. Notwithstanding the foregoing, Landlord shall not be obligated to provide any utilities to the Ancillary Sites other than electricity, which shall be brought to the submeter described below. The electricity furnished to the Ancillary Sites shall be separately measured by a submeter purchased and installed by Tenant at Tenant’s sole cost and expense. Within thirty (30) days after Landlord’s demand from time to time, Tenant shall pay Landlord the cost of all electric current supplied to the Ancillary Sites, as measured by such submeter, at the applicable electrical rate per kilowatt hour, as reasonably determined by Landlord. Without limiting Section 13 of the Lease, Tenant expressly agrees to indemnify, defend and save harmless Landlord and its officers, agents, servants and employees from and against all loss, costs, penalties, liability, damage and claims of whatever nature arising (or claimed to have arisen) from the installation, maintenance and operation of the Lines or the Equipment, except to the extent arising from the negligence or willful misconduct of Landlord or its agents, servants or employees. In addition to the provisions of Section 13 of the Lease, Landlord shall in no event be liable for any loss or damage to the Equipment, or any interruption of electric current or access to the Equipment, or for any losses or damages (direct, consequential or otherwise) arising out of or in connection with any such interruption or loss or damage to the Equipment, in each case regardless of whether caused by Landlord or its employees or agents, and Tenant shall install, maintain and insure the Equipment in such manner as to protect it against damage and disruption.

LEASE PROVISIONS APPLICABLE. The provisions of the other Sections of the Lease shall apply --------------------------- to Tenant's license the Ancillary Sites and this License (except to the extent inconsistent with the provisions of this Paragraph 10)Sites, and any default by Tenant under this Paragraph 10 54 shall constitute a Default breach and default under the this Lease for purposes of Section 18 of the LeaseParagraph 25 above. Without limiting the generality of the foregoing, the indemnification, insurance and hold-over provisions of the Lease Paragraphs 14 and 15, entitled "Indemnification of Landlord" and "Insurance", respectively, shall apply in full to Tenant’s License 's lease of the Ancillary Sites and Tenant’s 's installation, operation and maintenance of the Equipment. Notwithstanding the foregoing, Landlord shall not be obligated to provide any water, gas or other utilities to the Ancillary Sites other than electricitySites, which but Landlord shall permit Tenant to tap into the Building's water supply for purposes of supplying necessary water to the HVAC condenser units. The water utilized in connection with the use of the HVAC condenser units shall be brought recorded by (and paid for by Tenant directly to Landlord or the submeter described belowpublic utility company (as Landlord shall direct) on the basis of) the separate water meter installed by Tenant in the Premises as part of the Tenant Improvements. The electricity furnished utilized in connection with the use of the Equipment related to the Ancillary Sites shall be separately measured by a submeter purchased and drawn from an electrical sub-panel installed by Tenant at Tenant’s sole cost and expense. Within thirty (30) days after Landlord’s demand from time to time, Tenant shall pay Landlord the cost of all electric current supplied to the Ancillary Sites, as measured by such submeter, at the applicable electrical rate per kilowatt hour, as reasonably determined by Landlord. Without limiting Section 13 part of the LeaseTenant Improvements to serve the Premises and shall be recorded by (and paid for by Tenant directly to Landlord or the public utility company (as Landlord shall direct) on the basis of) the separate electrical meter installed by Tenant in the Premises as part of the Tenant Improvements. Landlord shall not be liable for any loss or damage suffered by Tenant or others because of Landlord's failure to furnish electrical power for any reason, including, without limitation, loss of business or injury to persons or property. Tenant expressly agrees to indemnify, defend and save harmless Landlord and its officers, agents, servants and employees the Indemnitees from and against all loss, costs, penalties, liability, damage and claims of whatever nature arising (or claimed to have arisen) from the installation, maintenance and operation of the Lines or the Equipment, except to the extent arising from the negligence or willful misconduct of Landlord or its agents, servants or employees. In addition to the provisions of Section 13 of the LeaseXxxxxxxxx 00, Landlord Xxxxxxxx shall in no event be liable for any loss or damage to the Equipment, or any interruption of electric current or access to the Equipment, or for any losses or Or damages (direct, consequential or otherwise) arising out of or in connection with any such interruption or loss or damage to the Equipment, in each case regardless of whether caused by Landlord Landlord's or its employees employees' or agents' negligence, and Tenant shall install, install and maintain and insure the Equipment in such manner as to protect it against damage and disruption.

LEASE PROVISIONS APPLICABLE. The provisions of In the other Sections of event that Tenant provides the Lease shall apply to the Ancillary Sites and this License (except to the extent inconsistent with the provisions of this Paragraph 10), and any default by Tenant under this Paragraph 10 shall constitute a Default under the Lease for purposes of Section 18 of the Lease. Without limiting the generality of the foregoing, the indemnification, insurance and hold-over provisions of the Lease shall apply in full to Tenant’s License of the Ancillary Sites and Tenant’s installation, operation and maintenance of the Equipment. Notwithstanding the foregoingExtension Notice, Landlord and Tenant agree to negotiate in good faith a new lease which will include, without limitation the following provisions: (a) Tenant shall not no longer be obligated to provide perform repairs or maintenance on any utilities portion of the Project and such obligation shall, thereafter, become the obligation of the Landlord. (b) Tenant shall no longer be obligated to pay Operating Expenses directly to third parties, and Landlord shall, instead, pay such costs directly to the Ancillary Sites other than electricity, which shall be brought parties entitled to the submeter described below. The electricity furnished to the Ancillary Sites shall be separately measured by a submeter purchased and installed by Tenant at Tenant’s sole cost and expense. Within thirty (30) days after Landlord’s demand from time to time, Tenant shall pay Landlord the cost of all electric current supplied to the Ancillary Sites, as measured by such submeter, at the applicable electrical rate per kilowatt hour, as reasonably determined by Landlord. Without limiting Section 13 of the Lease, Tenant expressly agrees to indemnify, defend and save harmless Landlord and its officers, agents, servants and employees from and against all loss, costs, penalties, liability, damage and claims of whatever nature arising (or claimed to have arisen) from the installation, maintenance and operation of the Lines or the Equipment, except to the extent arising from the negligence or willful misconduct of Landlord or its agents, servants or employees. In addition to the provisions of Section 13 of the Lease, Landlord shall in no event be liable for any loss or damage to the Equipment, or any interruption of electric current or access to the Equipment, or for any losses or damages (direct, consequential or otherwise) arising out of or in connection with any such interruption or loss or damage to the Equipment, in each case regardless of whether caused by Landlord or its employees or agentspayment thereof, and Tenant shall installreimburse Landlord for Tenant’s pro rata share of Operating Expenses on a monthly basis following receipt of an invoice for the same. (c) Tenant shall no longer pay Taxes directly to third parties, maintain and insure Landlord shall, instead, pay such Taxes directly to the Equipment in taxing authorities, and Tenant shall reimburse Landlord for Tenant’s pro rata share of Taxes on a monthly basis following receipt of any invoice for the same. (d) Tenant’s insurance obligation shall apply only with respect to Tenant’s Property and liability insurance required hereunder, such manner that Tenant shall no longer carry hazard or casualty insurance with respect to the Project or Premises and, instead, Landlord shall carry such insurance as is required hereunder, and Tenant shall reimburse Landlord for its pro rata share thereof upon receipt any invoice therefor. (e) Tenant’s indemnity obligations shall be revised such that they only apply with respect to protect it against damage and disruptionlosses arising on that portion of the Premises to be leased by Tenant or the actions or omissions of Tenant. (f) Repairs following any Casualty or Taking shall be made by Landlord instead of Tenant.

LEASE PROVISIONS APPLICABLE. The provisions of the other Sections sections of the this Lease shall apply to the Ancillary Sites and this License (except to the extent inconsistent with the provisions of this Paragraph 1055), and any default by Tenant under this Paragraph 10 shall constitute a Default under the Lease for purposes of Section 18 of the Lease. Without limiting the generality of the foregoing, the indemnification, insurance and hold-over provisions of the Lease Paragraph 14 (Indemnification of Landlord), Paragraph 15 (Insurance) and Paragraph 20 (Surrender; Holding Over), shall apply in full to Tenant’s 's License of the Ancillary Sites and Tenant’s 's installation, operation and maintenance of the Equipment. If Tenant fails to perform any of its obligations under this Paragraph 55 and such failure continues for ten (10) days after written notice thereof from Landlord (or if the failure cannot by its nature be cured within the 10-day period, if Tenant fails to commence to cure such failure within the 10-day period and thereafter diligently prosecute such cure to completion), such failure shall constitute an Event of Default entitling Landlord to the remedies under Paragraph 25.b. of the Lease and, in addition to the other remedies set forth in Paragraph 25.b. for an Event of Default, upon such Event of Default, Landlord may terminate the License granted hereunder by written notice to Tenant. Notwithstanding anything to the foregoingcontrary herein, Landlord shall not be obligated to provide any water, gas, electricity or other utilities to the Ancillary Sites other than electricity, which shall be brought to the submeter described below. The electricity furnished to the Ancillary Sites shall be separately measured by a submeter purchased and installed by Tenant at Tenant’s sole cost and expense. Within thirty (30) days after Landlord’s demand from time to time, Tenant shall pay Landlord the cost of all electric current supplied to the Ancillary Sites, as measured by such submeter, at the applicable electrical rate per kilowatt hour, as reasonably determined by Landlord. Without limiting Section 13 Paragraph 14.b. of the Lease, Tenant expressly agrees to indemnify, defend and save harmless Landlord and its officers, agents, servants and employees the other Indemnitees from and against all loss, costs, penalties, liability, damage and claims of whatever nature Claims arising (or claimed to have arisen) from the installation, maintenance and operation of the Lines or the Equipment, except to the extent arising from the gross negligence or willful misconduct of Landlord or its agents, servants or employeesany other Indemnitee. In addition to the provisions of Section 13 Paragraph 28 of the this Lease, Landlord shall in no event be liable for any loss or damage to the Equipment, or any interruption of electric current or access to the Equipment, or for any losses or damages (direct, consequential or otherwise) arising out of or in connection with any such interruption or loss or damage to the Equipment, in each case regardless Equipment or failure of whether the Equipment to operate when needed (except to the extent caused by Landlord the gross negligence or willful misconduct of Landlord's or its employees employees' or agents, ') and Tenant shall install, install and maintain and insure the Equipment in such manner as to protect it against damage and disruption.