New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider whose equipment is not then servicing the Building, no such Electronic Services Provider shall be permitted to install its Lines or other equipment within the Building without first securing the prior written approval of the Landlord. Landlord's approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's satisfaction, it shall be reasonable for Landlord to refuse to give its approval: (i) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Provider's provision of its Electronic Services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the Electronic Services Provider, the Electronic Services Provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Provider; (iii) the Electronic Services Provider agrees to abide by such rules and regulations, Building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX of this Lease; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building, there is sufficient space in the Building for the placement of all of the provider's equipment, conduit, Lines and other materials;
Appears in 6 contracts
Samples: Retail Lease (Nara Bancorp Inc), Industrial Lease (Brightpoint Inc), Commercial Lease (Powersource Corp)
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider whose equipment is not then servicing the Buildinga telephone or telecommunications provider, no such Electronic Services Provider provider shall be permitted to install its Lines lines or other equipment within the Building without first securing the prior written approval of the Landlord, which approval shall not be unreasonably withheld or delayed. Landlord's ’s approval shall not be deemed any kind of warranty or representation by Landlord, including, including without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Providerprovider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's ’s satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
: (i) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Provider's provider’s provision of its Electronic Servicesservices, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the Electronic Services Providerprovider, the Electronic Services Provider provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Providerprovider; (iii) the Electronic Services Provider provider agrees in writing to abide by such rules and regulations, Building building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX of this Lease; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building, that there is sufficient space in the Building for the placement of all of the provider's equipment’s equipment and materials; (v) Landlord receives from the provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the provider’s equipment if such space is not located in the Premises; and (vi) all of the foregoing matters are documented in a written agreement between Landlord and the provider, conduit, Lines the form and other materials;content of which is reasonably satisfactory to Landlord.
Appears in 3 contracts
Samples: Office Lease (Marin Software Inc), Office Lease (Marin Software Inc), Office Lease (Marin Software Inc)
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider a telephone or telecommunications provider whose equipment is not then servicing the BuildingProject, or to materially expand the services or infrastructure of a provider currently providing service to the Project, no such Electronic Services Provider provider shall be permitted to install its Lines lines or other equipment within the Building Project without first securing the prior written approval of the Landlord. Landlord's ’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Providerprovider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's satisfaction, it shall be reasonable for Landlord to refuse to give its approvalapproval unless all of the following conditions are satisfied to Landlord’s satisfaction:
(ia) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Provider's provider’s provision of its Electronic Servicesservices, including including, without limitation, the costs of installation, materials materials, and services; ;
(iib) prior to commencement of any work in or about the Building Project by the Electronic Services Providerprovider, the Electronic Services Provider provider or Tenant shall supply Landlord with such written reasonable indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Provider; provider;
(iiic) the Electronic Services Provider provider agrees to abide by such rules and regulations, Building building and other codes, job site rules rules, and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the BuildingProject, the Tenants tenants in the Building Project, and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building Project with respect to proposed alterations as described in Article IX of this Lease; ;
(ivd) Landlord reasonably determines that, considering other potential uses for space in the Building, that there is sufficient space in the Building Project for the placement of the provider’s equipment and materials;
(e) the provider agrees to abide by Landlord’s requirements, if any, that provider use existing building conduits and pipes or use building contractors (or other contractors approved by Landlord);
(f) Landlord receives from the provider or Tenant such compensation as is reasonably determined by Landlord to compensate it for space used in the Building and/or Project for the storage and maintenance of the provider’s equipment, for the fair market value of a provider’s access to the Building and/or Project, and the costs which may reasonably be expected to be incurred by Landlord;
(g) the provider agrees to deliver to Landlord detailed “as built’ plans immediately after the installation of the provider’s equipment is complete; and
(h) all of the foregoing matters are documented in a written license agreement between Landlord and the provider's equipment, conduit, Lines the form and other materials;content of which are reasonably satisfactory to Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Ibotta, Inc.), Lease Agreement (Ibotta, Inc.)
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider whose equipment is not then servicing the Building, no such Electronic Services Provider shall be permitted to install its Lines or other equipment within the Building without first securing the prior written approval of the Landlord. Landlord's ’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's ’s satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
: (i) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Provider's ’s provision of its Electronic Services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the Electronic Services Provider, the Electronic Services Provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Provider; (iii) the Electronic Services Provider agrees to abide by such rules and regulations, Building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX of this Lease; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building, there is sufficient space in the Building for the placement of all of the provider's ’s equipment, conduit, Lines and other materials;; (v) the Electronic Services Provider agrees to abide by Landlord’s requirements, if any, that provider use existing Building conduits and pipes or use Building contractors (or other contractors approved by Landlord); (vi) Landlord receives from the Electronic Services Provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the Electronic Services Provider’s equipment, for the fair market value of a Electronic Services Provider’s access to the Building, for the use of common or core space within the Building and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord detailed “as built” plans immediately after the installation of the provider’s equipment is complete; and (viii) all of the foregoing matters are documented in a written license agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord.”
Appears in 2 contracts
Samples: Office Lease (Cherokee Inc), Office Lease (All American Pet Company, Inc.)
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider a telephone or telecommunications provider whose equipment is not then servicing the Building, no such Electronic Services Provider provider shall be permitted to install its Lines lines or other equipment within the Building without first securing the prior written approval of the Landlord. Landlord's ’s approval shall not be deemed any kind of warranty or representation by Landlord, including, including without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Providerprovider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's ’s satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
: (i) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Provider's provider’s provision of its Electronic Servicesservices, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the Electronic Services Providerprovider, the Electronic Services Provider provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Providerprovider; (iii) the Electronic Services Provider provider agrees in writing to abide by such rules and regulations, Building building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX of this Lease; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building, that there is sufficient space in the Building for the placement of all of the provider's ’s equipment and materials; (v) Landlord receives from the provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the provider’s equipment, conduitfor the fair market value of a provider’s access to the Building, Lines and other materials;the costs which may reasonably be expected to be incurred by Landlord; and (vi) all of the foregoing matters are documented in a written agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord.
Appears in 2 contracts
Samples: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider whose equipment is not then servicing the Building, no such Electronic Services Provider shall be permitted to install its Lines or other equipment within the Building without first securing the prior written approval of the Landlord. Landlord's approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
: (i) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Provider's provision of its Electronic Services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the Electronic Services Provider, the Electronic Services Provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Provider; (iii) the Electronic Services Provider agrees to abide by such rules and regulations, Building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX of this Lease; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building, there is sufficient space in the Building for the placement of all of the provider's equipment, conduit, Lines and other materials;; (v) the Electronic Services Provider agrees to abide by Landlord's requirements, if any, that provider use existing Building conduits and pipes or use Building contractors (or other contractors approved by Landlord); (vi) Landlord receives from the Electronic Services Provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the Electronic Services Provider's equipment, for the fair market value of a Electronic Services Provider's access to the Building, for the use of common or core space within the Building and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord detailed "as built" plans immediately after the installation of the provider's equipment is complete; and (viii) all of the foregoing matters are documented in a written license agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord."
Appears in 2 contracts
Samples: Office Lease (Deja Foods Inc), Office Lease (Kanbay International Inc)
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider a telephone or telecommunications provider whose equipment is not then servicing the Building, no such Electronic Services Provider provider shall be permitted to install its Lines lines or other equipment within the Building without first securing the prior written approval of the Landlord, which approval may be withheld in Landlord's sole and absolute discretion. Landlord's approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Providerprovider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's satisfaction, it Landlord shall be reasonable for Landlord to refuse decline to give its approval:
(i) Landlord shall incur no current expense or risk or future expense expenses whatsoever with respect to any aspect of the Electronic Services Providerprovider's provision of its Electronic Servicesservices, including without limitation, the costs of installation, materials materials, services and services; supervision;
(ii) prior Prior to commencement of any work in or about the Building by the Electronic Services Providerprovider, the Electronic Services Provider provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Provider; provider;
(iii) the Electronic Services Provider The provider agrees to abide by such rules and regulations, Building building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX of this Lease; alterations;
(iv) Landlord reasonably determines that, considering other potential uses for space in the Building, that there is sufficient space in the Building for the placement of all the provider's equipment and materials;
(v) The provider agrees to abide by Landlord requirements, if any, that provider use existing building conduits and pipes or use building contractors (or other contractors approved by Landlord);
(vi) Landlord receives from the provider such compensation as is determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the provider's equipment, conduitfor the fair market value of a provider's access to the Building, Lines and other materialsthe costs which may reasonably be expected to be incurred by Landlord;
(vii) The provider agrees to deliver to Landlord detailed "as-built" plans as soon as possible, but in no event later than sixty (60) days after the installation of the provider's equipment is complete; and
(viii) All of the foregoing matters are documented in a written license agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord.
Appears in 1 contract
Samples: Lease (Matrix Bancorp Inc)
New Provider Installations. 44.1 In the event that the Tenant wishes at any time to utilize the services of an Electronic Services Provider a telephone or telecommunications provider (a "TSP") whose equipment is not then servicing the Building, no such Electronic Services Provider TSP shall be permitted to install its Lines lines or other equipment within the Building without first securing the prior written approval of the Landlord, which approval shall not be unreasonably withheld. Landlord's approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services ProviderTSP. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's reasonable satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
(ia) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services ProviderTSP's provision provisions of its Electronic Servicesservices, including without limitation, the costs of installation, materials and services; (iib) prior to commencement of any work in or about the Building by the Electronic Services ProviderTSP, the Electronic Services Provider TSP shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services ProviderTSP; (iiic) the Electronic Services Provider TSP agrees in writing to abide by such rules and regulations, Building building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests interest of the Building, the Tenants tenants in the Building Building, and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations Alterations as described in Article IX of this Lease; (ivd) Landlord reasonably determines that, considering other potential uses for space in the Building, that there is sufficient space in the Building for the placement of all of the providerTSP's equipment and materials; (e) Landlord receives from the TSP such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the TSP's equipment, conduitfor the fair market value of a provider's access to the Building, Lines and the costs which may reasonably be expected to be incurred by Landlord in conjunction with the TSP's occupancy of and activities within the Building; and (f) all of the foregoing matters are documented in a written agreement between Landlord and the TSP, the form and content of which is reasonably satisfactory to Landlord (a "TSP Agreement").
44.2 The following provisions shall apply to any approved TSP's activities in the Building:
(a) The TSP's equipment (the "Equipment") shall only be installed in locations approved by Landlord and only in accordance with plans and specifications that have been approved by Landlord.
(b) Tenant or the TSP shall pay all reasonable out of pocket costs and expenses incurred by Landlord in reviewing, approving, and supervising the installation of the Equipment including, without limitation, architects', engineers' and contractors' fees and expenses, and attorneys' fees for Landlord's review and drafting of the TSP Agreement. Tenant and the TSP shall be solely responsible for the cost of installation, operation, maintenance and repair of the Equipment and Tenant or the TSP shall keep the Equipment in good condition and make all necessary or appropriate repairs and replacements thereto subject to the appropriate provisions of this Lease. Tenant or the TSP shall be responsible for obtaining any permits and licenses required to install and operate the Equipment. The rights granted to Tenant shall be utilized by Tenant in a manner which will not unreasonably disturb the occupancy of the other materials;tenants, licensees or occupants of the Building or Landlord's or any other tenant's or occupant's business operations.
(c) Tenant agrees that the Equipment shall be of a type and frequency which will not cause interference to any other party or any equipment of any other party including, without limitation, Landlord, other tenants, licensees and occupants of the Building for communications or any other purposes; any other tenants, licensees; or occupants of the Building; or any equipment utilized in the Building. In the event that the Equipment causes or is believed to cause any such interference, upon receipt of notice from Landlord of such interference, Tenant will take all steps necessary to correct and eliminate the interference. If the interference is not eliminated immediately after receipt of such notice then, upon request from Landlord, Tenant immediately cease using the Equipment pending resolution of the interference.
(d) The Equipment shall only be utilized by Tenant and the TSP and only to provide services to the Premises in connection with the operation of Tenant's normal business in the Premises as more particularly described in this Lease. The Equipment shall not be utilized for any other purpose or to provide any services to any other tenants of or space in the Building. The TSP may not, through Tenant or Tenant's rights under this Article 44, market or provide services to other tenants of the Building.
(e) Tenant shall, at Tenant's sole cost and expense and subject to the provisions of Section 4.1 hereof, obtain any electricity necessary and sufficient to allow the TSP to utilize the Equipment, in accordance with the provisions of the TSP Agreement. Upon prior notice, Landlord shall promptly provide Tenant and the TSP access to the Equipment, at Landlord's sole option, accompanied by a representative of Landlord, during normal business hours and during non-business hours if an emergency arises. The TSP shall agree to hold Landlord, and their officers, directors, employees and agents harmless from and against any and all damages, liabilities, costs and expenses (including reasonable attorney's fees) arising directly out of any act or omission at the Building by the TSP or the TSP's employees or agents. The TSP shall agree, at its sole costs and expense to carry public liability insurance. The amount of such insurance for bodily injury and property damage liability shall not be less than a combined single limits of five million and 00/100 dollars ($5,000,000.00) for each occurrence and a ten million and 00/100 ($10,000,000.00) aggregate limit. The TSP shall agree to deliver to Landlord evidence of such insurance.
(f) Tenant's and the TSP's use of the Equipment and the Equipment Space shall be subject and subordinate to all of the provisions to this Lease except as expressly modified by the terms and provisions of this Article 44 and the TSP Agreement.
(g) In the event that either Tenant or the TSP, with or without the knowledge of Tenant, shall default under this Article 44 and the TSP Agreement by installing, maintaining, repairing, replacing or operating telecommunications equipment other than the Equipment approved by Landlord or by providing, through Tenant or Tenant's rights under this Article 44, telecommunications services to any tenant at the Building or at any other building utilizing the Equipment or other telecommunications equipment installed at the Building by Tenant of the TSP, with or without the knowledge of Tenant, and Tenant shall fail to remedy such default within twenty (20) days after notice by Landlord to Tenant of such default, Landlord shall have the right to terminate Tenant's and the TSP's rights under the applicable TSP Agreement by serving a three (3) days' notice of termination upon Tenant. Upon the termination of a TSP Agreement or upon the expiration or other termination of this Lease, if requested by Landlord, Tenant shall remove the Equipment from the Building and repair all damage caused thereby and otherwise restore the Building to the condition existing prior to such installation in a good and workable manner at Tenant's sole cost sand expense and Tenant and TSP shall have no further rights hereunder. In the event that Tenant fails to remove such Equipment within fifteen (15) days of Landlord's request thereof, Landlord shall have the right to remove such Equipment and Tenant shall reimburse Landlord for the cost of such removal, as Additional Rent.
Appears in 1 contract
Samples: Lease (Mercator Software Inc)
New Provider Installations. In the event that the Tenant wishes at any time to utilize the services of an Electronic Services Provider a telephone or telecommunications provider whose equipment is not then servicing the Building, no such Electronic Services Provider shall provider will be permitted to install its Lines or other equipment within the Building Union Station Condominium without first securing the prior written approval of the Landlord, which will not be unreasonably withheld, conditioned or delayed as provided in Section 17.14.1 above. Landlord's approval shall will not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Providerprovider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's satisfaction, it shall will be reasonable for Landlord to refuse to give its approval:
(ia) Landlord shall will incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Providerprovider's provision of its Electronic Servicesservices, including without limitation, the costs of installation, materials and services; (iib) prior to commencement of any work in or about the Building Union Station Condominium by the Electronic Services Providerprovider, the Electronic Services Provider shall provider will supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building Property relating to the proposed activities of the Electronic Services Providerprovider; (iiic) the Electronic Services Provider provider agrees in writing to abide by such rules and regulations, Building building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the owners of Union Station Condominium, the tenants in the Building, and the Tenants in the Building and LandlordLandlord Parties, in the same or similar manner as Landlord has the right to protect itself and the Building Union Station Condominium with respect to proposed alterations Alterations as described in Article IX of this Lease; (ivd) Landlord landlord reasonably determines that, considering other potential uses for space in the Building, that there is sufficient space in the Building Union Station Condominium for the placement of all of the provider's equipment and materials to the extent that space outside of the Premises is required; (e) Landlord receives from provider such compensation as is reasonably determined by Landlord to compensate it for space used in the building (other than space within the Premises) for the storage and maintenance of the provider's equipment, conduitfor the fair market value of a provider's access to Union Station Condominium, and the costs which may reasonably be expected to be incurred by Landlord in conjunction with the provider's occupancy of and activities within Union Station Condominium (other than space within the Premises), all of which compensation will be comparable to similar charges and compensation received by Landlord from other providers selected by other tenants in the building; and (f) all of the foregoing matters are documented in a written agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord. If Landlord wrongfully refuses to give its consent to a new provider, Tenant will still have no right to terminate the Lease or claim an entitlement to rent abatement, but may assert a claim for its direct damages. The provisions of this paragraph may be enforced solely by Tenant and Landlord and their respective successors in interest under this Lease, are not for the benefit of any other Person, and specifically, but without limitation, no telephone or telecommunications provider will be deemed a third party beneficiary of this Lease.
(b) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to any Lines serving Tenant; (c) any lawsuit brought or threatened, settlement reached, or governmental order relating to such Lines; and other materials;(d) any violations of Laws or demands of governmental authorities, or any reasonable policies or requirement of Landlord, which are based upon or in any way related to such Lines. This indemnification obligation will survive the expiration or termination of this Lease.
Appears in 1 contract
Samples: Sublease Agreement (Blue Nile Inc)
New Provider Installations. In the event that Tenant wishes at any -------------------------- time to utilize the services of an Electronic Services Provider whose equipment is not then servicing the Building, no such Electronic Services Provider shall be permitted to install its Lines or other equipment within the Building without first securing the prior written approval of the Landlord. Landlord's approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
(i) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Provider's provision of its Electronic Services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the Electronic Services Provider, the Electronic Services Provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Provider; (iii) the Electronic Services Provider agrees to abide by such rules and regulations, Building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX of this Lease; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building, there is sufficient space in the Building for the placement of all of the provider's equipment, conduit, Lines and other materials;
Appears in 1 contract
Samples: Office Lease (Igate Capital Corp)
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider whose equipment is not then servicing the Building, no such Electronic Services Provider shall be permitted to install its Lines or other equipment within the Building without first securing the prior written approval of the Landlord. Landlord's approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
: (i) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Provider's provision of its Electronic Services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the Electronic Services Provider, the Electronic Services Provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Provider; (iii) the Electronic Services Provider agrees to abide by such rules and regulations, Building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX of this Lease; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building, there is sufficient space in the Building for the placement of all of the provider's equipment, conduit, Lines and other materials;; (v) the Electronic Services Provider agrees to abide by Landlord’s requirements, if any, that provider use existing Building conduits and pipes or use Building contractors (or other contractors approved by Landlord); (vi) Landlord receives from the Electronic Services Provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the Electronic Services Provider's equipment, for the fair market value of a Electronic Services Provider's access to the Building, for the use of common or core space within the Building and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord detailed "as built" plans immediately after the installation of the provider's equipment is complete; and (viii) all of the foregoing matters are documented in a written license agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord."
Appears in 1 contract
Samples: Office Lease (Derycz Scientific Inc)
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider a telephone or telecommunications provider whose equipment is not then servicing the Building, no such Electronic Services Provider provider shall be permitted to install its Lines lines or other equipment within the Building without first securing the prior written approval of the Landlord. Landlord's ’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Providerprovider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's ’s satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
; (i) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Provider's provider’s provision of its Electronic Servicesservices, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the Electronic Services Providerprovider, the Electronic Services Provider provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Providerprovider; (iii) the Electronic Services Provider provider agrees in writing to abide by such rules and regulations, Building building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX Ten of this Lease; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building, that there is sufficient space in the Building for the placement of all of the provider's ’s equipment and materials; (x) Landlord receives from the provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the provider’s equipment, conduitfor the fair market value of a provider’s access to the building, Lines and other materials;the costs which may reasonably be expected to be incurred by Landlord; and (vi) all of the foregoing matters are documented in a written agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord.
Appears in 1 contract
Samples: Office Lease Agreement (Amerivision Communications Inc)
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider whose equipment is not then servicing the Building, no such Electronic Services Provider shall be permitted to install its Lines or other equipment within the Building without first securing the prior written approval of the LandlordLandlord which approval shall not be unreasonably withheld, conditioned or delayed. Landlord's ’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's ’s satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
: (i) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Provider's ’s provision of its Electronic Services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the Electronic Services Provider, the Electronic Services Provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Provider; (iii) the Electronic Services Provider agrees to abide by such rules and regulations, Building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX of this Lease; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building, there is sufficient space in the Building for the placement of all of the provider's ’s equipment, conduit, Lines and other materials;; (v) the Electronic Services Provider agrees to abide by Landlord’s requirements, if any, that provider use existing Building conduits and pipes or use Building contractors (or other contractors approved by Landlord); (vi) Landlord receives from the Electronic Services Provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the Electronic Services Provider’s equipment, for the fair market value of a Electronic Services Provider’s access to the Building, for the use of common or core space within the Building and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord detailed “as built” plans immediately after the installation of the provider’s equipment is complete; (viii) at Landlord’s election, the Electronic Services Provider agrees to remove existing Lines located in or serving the Premises prior to installation of the Lines; and (ix) all of the foregoing matters are documented in a written license agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord.
Appears in 1 contract
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider whose equipment is not then servicing the Building, no such Electronic Services Provider shall be permitted to install its Lines or other equipment within the Building without first securing the prior written approval of the Landlord. Landlord's ’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's ’s satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
: (i) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Provider's ’s provision of its Electronic Services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the Electronic Services Provider, the Electronic Services Provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Provider; (iii) the Electronic Services Provider agrees to abide by such rules and regulations, Building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX of this Lease; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building, there is sufficient space in the Building for the placement of all of the provider's ’s equipment, conduit, Lines and other materials;; (v) the Electronic Services Provider agrees to abide by Landlord’s requirements, if any, that provider use existing Building conduits and pipes or use Building contractors (or other contractors approved by Landlord); (vi) Landlord receives from the Electronic Services Provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the Electronic Services Provider’s equipment, for the fair market value of the Electronic Services Provider’s access to the Building, for the use of common or core space within the Building and for the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord detailed “as built” plans immediately after the installation of the provider’s equipment is complete; and (viii) all of the foregoing matters are documented in a written license agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord.”
Appears in 1 contract
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider whose equipment is not then servicing the Building, no such Electronic Services Provider shall be permitted to install its Lines or other equipment within the Building without first securing the prior written approval of the Landlord, such approval not to be unreasonably withheld, conditioned or delayed. Landlord's ’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's ’s reasonable satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
: (i) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Provider's ’s provision of its Electronic Services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the Electronic Services Provider, the Electronic Services Provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Provider; (iii) the Electronic Services Provider agrees to abide by such rules and regulations, Building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX of IXof this Lease; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building, there is sufficient space in the Building for the placement of all of the provider's ’s equipment, conduit, Lines and other materials;; (v) the Electronic Services Provider agrees to abide by Landlord’s requirements, if any, that provider use existing Building conduits and pipes or use Building contractors (or other contractors approved by Landlord); (vi) Landlord receives from the Electronic Services Provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the Electronic Services Provider’s equipment, for the fair market value of a Electronic Services Provider’s access to the Building, for the use of common or core space within the Building and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord detailed “as built” plans immediately after the installation of the provider’s equipment is complete; and (viii) all of the foregoing matters are documented in a written license agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord.”
Appears in 1 contract
Samples: Office Lease (Wilshire Bancorp Inc)
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider whose equipment is not then servicing the Buildinga telephone or telecommunications provider, no such Electronic Services Provider provider shall be permitted to install its Lines lines or other equipment within the Building without first securing the prior written approval of the Landlord, which approval shall not be unreasonably withheld. Landlord's ’s approval shall not be deemed any kind of warranty or representation by Landlord, including, including without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Providerprovider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's ’s satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
: (i) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Provider's provider’s provision of its Electronic Servicesservices, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the Electronic Services Providerprovider, the Electronic Services Provider provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Providerprovider; (iii) the Electronic Services Provider provider agrees in writing to abide by such rules and regulations, Building building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX of this Lease; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building, that there is sufficient space in the Building for the placement of all of the provider's equipment’s equipment and materials; (v) Landlord receives from the provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the provider’s equipment if such space is not located in the Premises; and (vi) all of the foregoing matters are documented in a written agreement between Landlord and the provider, conduit, Lines the form and other materials;content of which is reasonably satisfactory to Landlord.
Appears in 1 contract
Samples: Office Lease (New Relic Inc)
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider a telephone or telecommunications provider whose equipment is not then servicing the Building, no such Electronic Services Provider provider shall be permitted to install its Lines lines or other equipment within the Building without first securing the prior written approval of the Landlord. Landlord's approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Providerprovider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
(ia) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Providerprovider's provision of its Electronic Servicesservices, including without limitation, the costs of installation, materials and services; ;
(iib) prior to commencement of any work in or about the Building by the Electronic Services Providerprovider, the Electronic Services Provider provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Provider; provider.
(iiic) the Electronic Services Provider provider agrees to abide by such rules and regulations, Building building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX Exhibits D and E of this Lease; ;
(ivd) Landlord reasonably determines that, considering other potential uses for space in the Building, that there is sufficient space in the Building for the placement of all the providers equipment and materials;
(e) the provider agrees to abide by Landlord requirements, if any, that provider use existing building conduits and pipes or use building contractors (or other contractors approved by Landlord);
(f) Landlord receives from the provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the provider's equipment, conduitfor the fair market value of a provider's access to the Building, Lines and other materialsthe costs which may reasonably be expected to be incurred by Landlord;
(g) the provider agrees to deliver to Landlord detailed "as built" plans immediately after the installation of the provider's equipment is complete; and
(h) all of the foregoing matters are documented in a written license agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord.
Appears in 1 contract
Samples: Lease of Additional Office Space (Intek Information Inc)
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider whose equipment is not then servicing the Building, no such Electronic Services Provider shall be permitted to install its Lines or other equipment within the Building without first securing the prior written approval of the Landlord. Landlord's approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
: (i) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect respect of the Electronic Services Provider's provision of its Electronic Services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the Electronic Services Provider, the Electronic Services Provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Provider; (iii) the Electronic Services Provider agrees to abide by such rules and regulations, Building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX of this Lease; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building, there is sufficient space in the Building for the placement of all of the provider's equipment, conduit, Lines and other materials;; (v) the Electronic Services Provider agrees to abide by Landlord's requirements, if any, that provider use existing Building conduits and pipes or use Building contractors (or other contractors approved by Landlord); (vi) Landlord receives from the Electronic Services Provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the Electronic Services Provider's equipment, for the fair market value of a Electronic Services Provider's access to the Building, for the use of common or core space within the Building and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord detailed "as built" plans immediately after the installation of the provider's equipment is complete; and (viii) all of the foregoing matters are documented in a written license agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord."
Appears in 1 contract
Samples: Office Lease (Deja Foods Inc)
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider whose equipment is not then servicing the Building, no such Electronic Services Provider shall be permitted to install its Lines or other equipment within the Building without first securing the prior written approval of the Landlord. Landlord's ’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's ’s satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
: (i) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Provider's ’s provision of its Electronic Services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the Electronic Services Provider, the Electronic Services Provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Provider; (iii) the Electronic Services Provider agrees to abide by such rules and regulations, Building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX Section 6 of this Lease; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building, there is sufficient space in the Building for the placement of all of the provider's ’s equipment, conduit, Lines and other materials;; (v) the Electronic Services Provider agrees to abide by Landlord’s requirements, if any, that provider use existing Building conduits and pipes or use Building contractors (or other contractors approved by Landlord); (vi) Landlord receives from the Electronic Services Provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the Electronic Services Provider’s equipment, for the fair market value of an Electronic Services Provider’s access to the Building, for the use of common or core space within the Building and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord detailed “as built” plans immediately after the installation of the provider’s equipment is complete; and (viii) all of the foregoing matters are documented in a written license agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord. Landlord may at any time and without notice require that any wires or cables that Tenant desires to have installed in the Building risers be installed at Tenant’s cost by the riser management company (if any) then engaged by Landlord for such purpose.
Appears in 1 contract
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider whose equipment is not then servicing the Building, no such Electronic Services Provider shall be permitted to install its Lines or other equipment within the Building without first securing the prior written approval of the LandlordLandlord which will not be unreasonably withheld or conditioned. Landlord's ’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's ’s satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
: (i) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Provider's ’s provision of its Electronic Services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the Electronic Services Provider, the Electronic Services Provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Provider; (iii) the Electronic Services Provider agrees to abide by such rules and regulations, Building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX of this Lease; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building, there is sufficient space in the Building for the placement of all of the provider's ’s equipment, conduit, Lines and other materials;; (v) the Electronic Services Provider agrees to abide by Landlord’s requirements, if any, that provider use existing Building conduits and pipes or use Building contractors (or other contractors approved by Landlord); (vi) Landlord receives from the Electronic Services Provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the Electronic Services Provider’s equipment, for the fair market value of a Electronic Services Provider’s access to the Building, for the use of common or core space within the Building and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord detailed “as built” plans immediately after the installation of the provider’s equipment is complete; and (viii) all of the foregoing matters are documented in a written license agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord.
Appears in 1 contract
Samples: Office Lease (Wilshire Bancorp Inc)
New Provider Installations. In the event that Tenant wishes at any time to utilize the services of an Electronic Services Provider whose equipment is not then servicing the Building, no such Electronic Services Provider shall be permitted to install its Lines or other equipment within the Building without first securing the prior written approval of the Landlord, which approval shall not be unreasonably withheld or delayed. Landlord's ’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's ’s satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
: (i) Landlord shall incur no current expense or risk or future expense whatsoever with respect to any aspect of the Electronic Services Provider's ’s provision of its Electronic Services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the Electronic Services Provider, the Electronic Services Provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Electronic Services Provider; (iii) the Electronic Services Provider agrees to abide by such rules and regulations, Building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the Tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in Article IX Paragraph 10 of this Lease; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building, there is sufficient space in the Building for the placement of all of the provider's ’s equipment, conduit, Lines and other materials;; (v) the Electronic Services Provider agrees to abide by Landlord’s requirements, if any, that provider use existing Building conduits and pipes or use Building contractors (or other contractors approved by Landlord, which approval will not be unreasonably withheld or delayed); (vi) the provider agrees to deliver to Landlord detailed “as built” plans immediately after the installation of the provider’s equipment is complete; and (vii) all of the foregoing matters are documented in a written license agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord.
Appears in 1 contract
Samples: Lease Agreement (Fusion-Io, Inc.)