We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Common use of LICENSEE’S COVENANTS Clause in Contracts

LICENSEE’S COVENANTS. 7.1 Licensee, through its designated and approved employees and contractors, shall be solely responsible for the maintenance and care of Licensee's Equipment and the Antenna Facilities and shall maintain the same in a clean, sanitary and safe condition and in good repair and free of any defects at all times during this License. Licensee, at its sole expense and risk, shall ensure that a physical inspection of the rooftop portion of the Antenna Facilities occurs at intervals of no more than twelve (12) months and that this inspection include a survey of structural integrity and water tightness and a review and correction of any loose bolts, fittings or other appurtenances. Licensee shall provide a written certification of such inspections to Licensor not more than ten (10) days following each such inspection. In the absence of such a certification, Licensor shall have the right (but not the obligation) to conduct or arrange for such an inspection and corrective action and to charge Licensee for such costs. 7.2 Licensee shall, at its sole cost and expense, repair any damage to the Building, Rooftop Spaces, Building Communications Spaces, and/or to any other property owned by Licensor or by any lessee or licensee of Licensor or by any other occupant of the Building where such damage is caused by Licensee or any of its agents, representatives, employees, contractors, subcontractors, or invitees. If Licensee fails to repair or refinish any such damage, Licensor may, in its sole discretion, repair or refinish such damage and Licensee shall reimburse Licensor for all costs and expenses incurred in such repair or refinishing. 7.3 Licensee shall not interfere with the use and enjoyment of the Building by Licensor or by other lessees or licensees of the Licensor or other tenants or occupants of the Building. If such interference shall occur, Licensor shall give Licensee written notice thereof and Licensee shall correct the same within twenty-four (24) hours after receipt of such notice. In the event Licensee fails to correct such conditions after the stated notice and cure period, Licensor reserves the right to take any reasonable actions to correct the same. 7.4 Licensee's Equipment shall not disrupt, adversely affect or interfere with other providers of communications services in the Building or with any tenant's or occupant's use or operation of communications or computer devices. Licensee shall not install or maintain any Licensee's Equipment or Antenna Facilities of the type or frequency which causes or will cause any interference to the Building elevators, fire alarm system, or any other Building safety system or equipment of Licensor, systems or equipment of tenants of Licensor or any other neighboring property. Following the installation of Licensee's Equipment and the Antenna Facilities, Licensee shall, at its own expense, prepare and conduct an evaluation of the potential for such interference within ninety-six (96) hours if requested to do so by Licensor, whether upon Licensor's own behalf or as a result of concerns expressed by any lessees or licensees. Licensor shall have the right to engage outside consultants to resolve interference issues arising between licensees or tenants operating equipment on the roof, and between Licensor's licensees and off-premises operators. Licensor shall have the absolute right to require all its licensees to implement any such consultant's recommendations for resolution of interference problems. Licensee shall correct such interference within twenty-four (24) hours after receiving written notice of such disruption, adverse affect, or interference. Licensor reserves the right to disconnect power to any such Licensee's Equipment or the Antenna Facilities where Licensee fails to correct such interference after the stated notice and cure period. 7.5 Licensee further understands and agrees that the aesthetic characteristics of the Building are of significant commercial importance to Licensor and, therefore, commits to ensuring that the installed appearance of Licensee's Equipment will be consistent with the specifications set forth in Exhibits G 1 though 5. Licensee further agrees that, at no time during the period of this License, will it use or permit the use of Licensee's Equipment or its Antenna Facilities in ways that are inconsistent with those plans (as they may from time to time be amended with the consent of Licensor) or for the display of advertising or other visual displays with more than insignificant aesthetic impacts. 7.6 Licensee agrees to comply with all Building Rules (Exhibit G-6), as adopted and altered by Licensor from time to time, and will cause its agents, employees, contractors, invitees and visitors to do so. 7.7 [Intentionally omitted]. 7.8 Licensee agrees that Licensor shall not be liable for damage to Licensee's Equipment or for theft, misappropriation or loss thereof, unless due to Licensor's gross negligence or willful misconduct. 7.9 Licensee agrees to comply with all applicable laws, rules and regulations of the FCC and other applicable local, county, state, and federal laws, codes, rules and regulations (collectively, "Laws") pertaining to the installation and operations of Licensee's Equipment.

Appears in 1 contract

Samples: Lease Agreement (Inktomi Corp)

LICENSEE’S COVENANTS. 7.1 Licensee(a) Licensee has inspected the Equipment Room, through its designated and approved employees and contractors, shall be solely responsible for the maintenance and care of Licensee's Equipment Building Communications Spaces and the Antenna Facilities Building and shall maintain accepts the same in a clean“as is” and agrees that Licensor is under no obligation to perform any work or provide any materials to prepare the Equipment Room, sanitary and safe condition and in good repair and free of any defects at all times during this License. the Building Communications Spaces or the Building for Licensee, . (b) Licensee shall at its sole expense cost and riskexpense, install and shall ensure that a physical inspection of the rooftop portion of the Antenna Facilities occurs thereafter, maintain Licensee’s Equipment in safe and proper operating condition at intervals of no more than twelve (12) months and that this inspection include a survey of structural integrity and water tightness and a review and correction of any loose bolts, fittings or other appurtenances. Licensee shall provide a written certification of such inspections to Licensor not more than ten (10) days following each such inspection. In the absence of such a certification, Licensor shall have the right (but not the obligation) to conduct or arrange for such an inspection and corrective action and to charge Licensee for such costsall times. 7.2 (c) Licensee shall, at its sole cost and expense, repair any damage to the Building, Rooftop Spaces, Building Communications Spaces, and/or to any other property owned by Licensor or by any lessee or licensee of Licensor or by any other occupant of the Building tenants where such damage is caused by Licensee or any of its agents, representatives, employees, contractors, subcontractors, or invitees. If Licensee fails to repair or refinish any such damage, Licensor may, in its sole discretion, repair or refinish such damage and Licensee shall forthwith upon receipt of a written invoice reimburse Licensor for of all costs and expenses incurred in such repair or refinishingincludiing Licensors administration fee plus 15%. 7.3 (d) Licensee shall not interfere with the use and enjoyment of the Building by Licensor or by other lessees lessees, or licensees of the Licensor or other tenants or occupants of the BuildingBuilding tenants. If such interference shall occur, Licensor shall give Licensee written notice thereof and Licensee shall use reasonable commercial efforts to correct the same within twenty-four (24) hours after receipt of such notice. In the event Licensee fails to correct such conditions after the stated notice proper notification and cure waiting period, Licensor reserves the right to take any reasonable actions to correct the samesame and charge the cost of same to the Licensee including Licensor’s administration fee plus 15%. 7.4 (e) Licensee's ’s Equipment shall not disrupt, adversely affect affect, or interfere with other providers of communications telecommunications services in the Building or with any tenant's or occupant's ’s use or operation of communications telecommunications or computer devices. Licensee shall not install or maintain any Licensee's Equipment or Antenna Facilities of the type or frequency which causes or will cause any interference to the Building elevators, fire alarm system, or any other Building safety system or equipment of Licensor, systems or equipment of tenants of Licensor or any other neighboring property. Following the installation of Licensee's Equipment and the Antenna Facilities, Licensee shall, at its own expense, prepare and conduct an evaluation of the potential for such interference within ninety-six (96) hours if requested to do so by Licensor, whether upon Licensor's own behalf or as a result of concerns expressed by any lessees or licensees. Licensor shall have the right to engage outside consultants to resolve interference issues arising between licensees or tenants devices operating equipment on the roof, and between Licensor's licensees and off-premises operators. Licensor shall have the absolute right to require all its licensees to implement any such consultant's recommendations for resolution of interference problemsin accordance with Industry Canada standards. Licensee shall correct such interference within twenty-four (24) hours after receiving written notice of such disruption, adverse affect, or interference. Licensor reserves the right to disconnect power to any such Licensee's Equipment or the Antenna Facilities where Licensee fails to correct such interference after the stated notice and cure period. 7.5 Licensee further understands and agrees that the aesthetic characteristics of the Building are of significant commercial importance to Licensor and, therefore, commits to ensuring that the installed appearance of Licensee's Equipment will be consistent with the specifications set forth in Exhibits G 1 though 5. Licensee further agrees that, at no time during the period of this License, will it use or permit the use of Licensee's Equipment or its Antenna Facilities in ways that are inconsistent with those plans (as they may from time to time be amended with the consent of Licensor) or for the display of advertising or other visual displays with more than insignificant aesthetic impacts. 7.6 Licensee agrees to comply with all Building Rules (Exhibit G-6), as adopted and altered by Licensor from time to time, and will cause its agents, employees, contractors, invitees and visitors to do so. 7.7 [Intentionally omitted]. 7.8 Licensee agrees that Licensor shall not be liable for damage to Licensee's Equipment or for theft, misappropriation or loss thereof, unless due to Licensor's gross negligence or willful misconduct. 7.9 Licensee agrees to comply with all applicable laws, rules and regulations of the FCC and other applicable local, county, state, and federal laws, codes, rules and regulations (collectively, "Laws") pertaining to the installation and operations of Licensee's Equipment.four

Appears in 1 contract

Samples: Telecommunications Licence Agreement

LICENSEE’S COVENANTS. 7.1 Licensee8.1 The Licensee covenants and agrees as follows: a) to maintain the Plaque in a good state of repair; b) to keep the Licensor’s Property free from any claim or lien as a result of any work or services performed by or on behalf of the Licensee relating to the Plaque, through and in the event a lien is registered against title to the Licensor’s Property or the lands thereunder as a result of the exercise by the Licensee of the rights granted hereunder, to promptly cause such lien to be discharged within thirty (30) days of its designated and approved employees and contractorsregistration, shall be solely responsible for at the maintenance and care of Licensee's Equipment and the Antenna Facilities and shall maintain the same in a clean, sanitary and safe condition and in good repair and free of any defects at all times during this License. Licensee, at its sole expense and risk, shall ensure that a physical inspection of the rooftop portion of the Antenna Facilities occurs at intervals of no more than twelve (12) months and that this inspection include a survey of structural integrity and water tightness and a review and correction of any loose bolts, fittings or other appurtenances. Licensee shall provide a written certification of such inspections to Licensor not more than ten (10) days following each such inspection. In the absence of such a certification, Licensor shall have the right (but not the obligation) to conduct or arrange for such an inspection and corrective action and to charge Licensee for such costs. 7.2 Licensee shall, at its sole cost and expense; c) to comply with all laws, repair by-laws, orders and regulations of all federal, provincial, regional or municipal departments, board, branches, agencies, commissions or other authorities (including, without limitation, suppliers of public utilities) having jurisdiction over the Licensor’s Property or other performance of any damage work on the Licensor’s Property; d) not to do or permit anything to be done in, at or on the Licensed Premises pursuant to this Agreement which may cause or contribute, in the Licensor's opinion, to the Building, Rooftop Spaces, Building Communications Spaces, and/or to any other property owned by Licensor damage or by any lessee or licensee of Licensor or by any other occupant destruction of the Building where such damage is caused by Licensee Licensor’s Property, or any of its agents, representatives, employees, contractors, subcontractorspart thereof, or inviteeswhich is or may be a health hazard, nuisance or which causes disturbance, damage or interference with the users or occupants of any lands or premises in the vicinity of the Licensor’s Property; and e) prior to or upon the termination of the Agreement, to expeditiously restore the Licensed Premises to as reasonably close to the condition they were in at the Commencement Date, to the full satisfaction of the Licensor. If In the event the Licensee fails to repair or refinish any such damagecomply with this provision, the Licensor maymay undertake to restore the Licensed Premises and upon completion, in its sole discretion, repair or refinish such damage and the Licensee shall reimburse the Licensor for all costs and expenses incurred in such repair or refinishing. 7.3 Licensee shall not interfere with the use and enjoyment of the Building by Licensor or by other lessees or licensees of the Licensor or other tenants or occupants of in restoring the Building. If Licensed Premises to such interference shall occur, Licensor shall give Licensee written notice thereof and Licensee shall correct the same within twenty-four (24) hours after receipt of such notice. In the event Licensee fails to correct such conditions after the stated notice and cure period, Licensor reserves the right to take any reasonable actions to correct the samea satisfactory condition. 7.4 Licensee's Equipment shall not disrupt, adversely affect or interfere with other providers of communications services in the Building or with any tenant's or occupant's use or operation of communications or computer devices. Licensee shall not install or maintain any Licensee's Equipment or Antenna Facilities of the type or frequency which causes or will cause any interference to the Building elevators, fire alarm system, or any other Building safety system or equipment of Licensor, systems or equipment of tenants of Licensor or any other neighboring property. Following the installation of Licensee's Equipment and the Antenna Facilities, Licensee shall, at its own expense, prepare and conduct an evaluation of the potential for such interference within ninety-six (96) hours if requested to do so by Licensor, whether upon Licensor's own behalf or as a result of concerns expressed by any lessees or licensees. Licensor shall have the right to engage outside consultants to resolve interference issues arising between licensees or tenants operating equipment on the roof, and between Licensor's licensees and off-premises operators. Licensor shall have the absolute right to require all its licensees to implement any such consultant's recommendations for resolution of interference problems. Licensee shall correct such interference within twenty-four (24) hours after receiving written notice of such disruption, adverse affect, or interference. Licensor reserves the right to disconnect power to any such Licensee's Equipment or the Antenna Facilities where Licensee fails to correct such interference after the stated notice and cure period. 7.5 Licensee further understands and agrees that the aesthetic characteristics of the Building are of significant commercial importance to Licensor and, therefore, commits to ensuring that the installed appearance of Licensee's Equipment will be consistent with the specifications set forth in Exhibits G 1 though 5. Licensee further agrees that, at no time during the period of this License, will it use or permit the use of Licensee's Equipment or its Antenna Facilities in ways that are inconsistent with those plans (as they may from time to time be amended with the consent of Licensor) or for the display of advertising or other visual displays with more than insignificant aesthetic impacts. 7.6 Licensee agrees to comply with all Building Rules (Exhibit G-6), as adopted and altered by Licensor from time to time, and will cause its agents, employees, contractors, invitees and visitors to do so. 7.7 [Intentionally omitted]. 7.8 Licensee agrees that Licensor shall not be liable for damage to Licensee's Equipment or for theft, misappropriation or loss thereof, unless due to Licensor's gross negligence or willful misconduct. 7.9 Licensee agrees to comply with all applicable laws, rules and regulations of the FCC and other applicable local, county, state, and federal laws, codes, rules and regulations (collectively, "Laws") pertaining to the installation and operations of Licensee's Equipment.

Appears in 1 contract

Samples: Licensing Agreement

LICENSEE’S COVENANTS. 7.1 Licensee(a) Licensee has inspected the Equipment Room, through its designated and approved employees and contractors, shall be solely responsible for the maintenance and care of Licensee's Equipment Building Communications Spaces and the Antenna Facilities Building and shall maintain accepts the same in a clean“as is” and agrees that Licensor is under no obligation to perform any work or provide any materials to prepare the Equipment Room, sanitary and safe condition and in good repair and free of any defects at all times during this License. the Building Communications Spaces or the Building for Licensee, . (b) Licensee shall at its sole expense cost and riskexpense, install and shall ensure that a physical inspection of the rooftop portion of the Antenna Facilities occurs thereafter, maintain Licensee’s Equipment in safe and proper operating condition at intervals of no more than twelve (12) months and that this inspection include a survey of structural integrity and water tightness and a review and correction of any loose bolts, fittings or other appurtenances. Licensee shall provide a written certification of such inspections to Licensor not more than ten (10) days following each such inspection. In the absence of such a certification, Licensor shall have the right (but not the obligation) to conduct or arrange for such an inspection and corrective action and to charge Licensee for such costsall times. 7.2 (c) Licensee shall, at its sole cost and expense, repair any damage to the Building, Rooftop Spaces, Building Communications Spaces, and/or to any other property owned by Licensor or by any lessee or licensee of Licensor or by any other occupant of the Building tenants where such damage is caused by Licensee or any of its agents, representatives, employees, contractors, subcontractors, or invitees. If Licensee fails to repair or refinish any such damage, Licensor may, in its sole discretion, repair or refinish such damage and Licensee shall forthwith upon receipt of a written invoice reimburse Licensor for of all costs and expenses incurred in such repair or refinishingincludiing Licensors administration fee plus 15%. 7.3 (d) Licensee shall not interfere with the use and enjoyment of the Building by Licensor or by other lessees lessees, or licensees of the Licensor or other tenants or occupants of the BuildingBuilding tenants. If such interference shall occur, Licensor shall give Licensee written notice thereof and Licensee shall use reasonable commercial efforts to correct the same within twenty-four (24) hours after receipt of such notice. In the event Licensee fails to correct such conditions after the stated notice proper notification and cure waiting period, Licensor reserves the right to take any reasonable actions to correct the samesame and charge the cost of same to the Licensee including Licensor’s administration fee plus 15%. 7.4 (e) Licensee's ’s Equipment shall not disrupt, adversely affect affect, or interfere with other providers of communications telecommunications services in the Building or with any tenant's or occupant's ’s use or operation of communications telecommunications or computer devices. Licensee shall not install or maintain any Licensee's Equipment or Antenna Facilities of the type or frequency which causes or will cause any interference to the Building elevators, fire alarm system, or any other Building safety system or equipment of Licensor, systems or equipment of tenants of Licensor or any other neighboring property. Following the installation of Licensee's Equipment and the Antenna Facilities, Licensee shall, at its own expense, prepare and conduct an evaluation of the potential for such interference within ninety-six (96) hours if requested to do so by Licensor, whether upon Licensor's own behalf or as a result of concerns expressed by any lessees or licensees. Licensor shall have the right to engage outside consultants to resolve interference issues arising between licensees or tenants devices operating equipment on the roof, and between Licensor's licensees and off-premises operators. Licensor shall have the absolute right to require all its licensees to implement any such consultant's recommendations for resolution of interference problemsin accordance with Industry Canada standards. Licensee shall correct such interference within twenty-four (24) hours after receiving written notice of such disruption, adverse affect, or interferenceinterference and after such interference has been positively identified as being caused by Licensee’s Equipment. Licensor reserves the right to disconnect power to any such Licensee's ’s Equipment or the Antenna Facilities where which Licensee fails to correct such interference after the stated notice proper notification and cure waiting period. 7.5 Licensee further understands and agrees that the aesthetic characteristics of the Building are of significant commercial importance to Licensor and, therefore, commits to ensuring that the installed appearance of Licensee's Equipment will be consistent with the specifications set forth in Exhibits G 1 though 5. Licensee further agrees that, at no time during the period of this License, will it use or permit the use of Licensee's Equipment or its Antenna Facilities in ways that are inconsistent with those plans (as they may from time to time be amended with the consent of Licensorf) or for the display of advertising or other visual displays with more than insignificant aesthetic impacts. 7.6 Licensee agrees to comply with all the Building Rules (Exhibit G-6), and Regulations as specified in Schedule D and as reasonably adopted and altered by Licensor from time to time, and will cause its agents, employees, contractors, invitees and visitors to do so. 7.7 [Intentionally omitted]. 7.8 (g) Licensee agrees that Licensor shall not be liable for damage to Licensee's ’s Equipment or for theft, misappropriation or loss thereof, unless due to Licensor's gross ’s negligence or willful misconduct. 7.9 Licensee agrees to comply with all applicable laws, rules and regulations of the FCC and other applicable local, county, state, and federal laws, codes, rules and regulations (collectively, "Laws") pertaining to the installation and operations of Licensee's Equipment.

Appears in 1 contract

Samples: Telecommunications Licence Agreement