Common use of New Provider Installations Clause in Contracts

New Provider Installations. If Tenant wishes at any time to utilize the services of an Electronic Services Provider whose equipment is not then servicing the Building and/or Project, no such Electronic Services Provider shall be permitted to install its Lines or other equipment within the Building and/or Project without first securing the prior written approval of 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 and/or Project 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 and Project 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 and/or Project, the tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building and/or Project with respect to proposed alterations as described in Section 8 above; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building and/or Project, there is sufficient space in the Building and/or Project 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 providers 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 and/or Project 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 and Project, for the use of common or core space within the Building and/or Project and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord plans prior to the installation of the provider's equipment and 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.

New Provider Installations. If (a) Tenant wishes at any time to may not utilize the services of an Electronic Services a Telecom Provider whose equipment is not then servicing the Building and/or Project, no such Electronic nor may Tenant require or request that a Telecom Provider materially expand the Telecom Services Provider shall be permitted or Connections it currently provides or has provided in or to install its Lines or other equipment within the Building and/or Project Project, without first securing the prior written approval of Landlord. Landlord's , which approval shall not be deemed any kind of warranty unreasonably withheld, conditioned or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the Electronic Services Providerdelayed. Without limitation of the foregoing standardforegoing, unless all of the following conditions are satisfied to Landlord's satisfaction, it shall be reasonable for Landlord to may refuse to give its approval: (i) Landlord shall incur no current expense or risk or future expense whatsoever approval with respect to any aspect a new Telecom Provider, or the material expansion of the Electronic Telecom Services Provider's provision of its Electronic Services, including without limitation, or Connections provided by or installed by an existing Telecom Provider in the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building and/or Project 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 and Project 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 and/or Project, the tenants in the Building and Landlordif Landlord determines, in the same or similar manner as Landlord has the right to protect itself and the Building and/or Project with respect to proposed alterations as described in Section 8 above; (iv) Landlord reasonably determines thatLandlord’s sole discretion, considering other potential uses for that there is insufficient space in the Building and/or Project, there is sufficient space in or the Building and/or Project for the placement of all the Telecom Provider’s Telecom Equipment. (b) Upon Landlord’s request, Tenant’s Telecom Provider must execute and deliver to Landlord a license agreement reasonably acceptable to Landlord and Tenant’s Telecom Provider regarding the installation and/or operation of the provider's equipmentTelecom Provider’s Telecom Equipment in the Project and outside the Premises prior to such Telecom Provider commencing any installation or other work in the Project. Landlord will bear no responsibility for (and the Commencement Date will not be affected by) delays in installing Telecom Equipment resulting from failure of Tenant’s Telecom Provider to execute and deliver such agreement to Landlord prior to the commencement of any installation or other work in the Project; and (c) Both Tenant and its Telecom Provider(s) will comply with the Telecommunications Rules attached hereto as Exhibit “I”, conduit, Lines and together with any other materials; (v) the Electronic Services Provider agrees to abide by of Landlord’s requirements, if any, that providers requirements regarding use of the existing Building Project 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 and/or Project 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 and Project, for the use of common or core space within the Building and/or Project and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord plans prior to the installation of the provider's equipment and 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 Landlordcontractors.

New Provider Installations. If In the event that Tenant wishes desires at any time to utilize the services of a business which provides telephone, television, video or other telecommunications services which permit Tenant to receive or transmit information by the use of electronics and which requires the use of wires, cables, antennas or similar devices in or on the Building (each, an "Electronic Services Provider Provider"), whose equipment is not then servicing the Building and/or ProjectBuilding, no such Electronic Services Provider shall be permitted to install its Lines any communications or computer or other electronic service wires, cables and related devices or equipment within the Building and/or Project ("Provider Equipment") without first securing the prior written approval of Landlord. Landlord's approval of the Electronic Services Provider and the installation of the Provider Equipment shall not be unreasonably withheld, conditioned or delayed provided (i) all Provider Equipment shall use existing Building risers, conduits and pipes; (ii) Landlord reasonably determines that there is sufficient space in the Building for the installation of all of Provider Equipment; (iii) the installation, operation and removal of the Provider Equipment will not materially and adversely affect the structure of the Building and/or any base Building systems; (iv) the Electronic Services Provider agrees to abide by all Legal Requirements and such reasonable rules and regulations promulgated by Landlord; (v) the Electronic Services Provider agrees to use contractors reasonably approved by Landlord for the installation of all Provider Equipment; (vi) the Electronic Services Provider agrees to deliver to Landlord detailed "as built" plans promptly after the installation of the Provider Equipment is complete; (vii) prior to commencement of any work in or about the Building by the Electronic Services Provider, the Electronic Services Provider shall deliver to Landlord such written indemnities, evidence of insurance 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; and (viii) all of the foregoing matters are documented on Landlord's then current form of license agreement between Landlord and the Electronic Services Provider (provided, however, that Landlord shall not charge any Electronic Service Provider any fees in excess of the actual costs for such work). Landlord's approval of the Electronic Services Provider and/or the installation, operation and removal of the Provider Equipment 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 Tenant covenants and agrees that the installation, operation and removal of the foregoing standardProvider Equipment shall be at the sole risk, unless all cost and expense of Tenant. Except to the extent resulting from the negligence or willful misconduct of Landlord or any Landlord Parties, Tenant hereby agrees to indemnify and hold Landlord and Landlord Parties harmless from and against any cost, damage, claim, liability or expense (including reasonable attorneys' fees) incurred by or claimed against Landlord and Landlord Parties, directly or indirectly, as a result of or in any way arising from the installation, operation, maintenance or removal 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 and/or Project 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 and Project 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 and/or Project, the tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building and/or Project with respect to proposed alterations as described in Section 8 above; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building and/or Project, there is sufficient space in the Building and/or Project 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 providers 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 and/or Project 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 and Project, for the use of common or core space within the Building and/or Project and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord plans prior to the installation of the provider's equipment and 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 LandlordEquipment.

New Provider Installations. If Tenant wishes at and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have the right of access to and within the Building, for the installation and operation of telecommunications systems, including voice, video, data, Internet, a satellite dish, and any time to utilize the other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of an Electronic Services Provider whose equipment is not then servicing the Building and/or Project, no such Electronic Services Provider shall be permitted to install its Lines or other equipment Tenant’s telecommunications within the Building and/or Project without first securing and from the Building to any other location upon receipt of Landlord’s prior written approval of Landlord. Landlord's approval consent, which shall not be deemed unreasonably withheld, conditioned or delayed. All providers of Telecommunications Services shall be required to comply with the rules and regulations of the Building, applicable Laws and Landlord’s policies and practices for the Building. Tenant acknowledges that Landlord shall not be required to provide or arrange for any kind of warranty Telecommunications Services and that Landlord shall have no liability to Tenant or representation by Landlordto any assignees claiming by, includingthrough, without limitationor under Tenant, any warranty subtenants claiming by, through, or representation as under Tenant, and any of their respective agents, contractors, employees, and invitees, in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Any installation of a satellite dish at the Building shall (in addition 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 terms herein) be subject to Landlord's satisfaction’s rules and agreements for installation and use of satellites and related equipment (which rules and agreements are hereby incorporated into this Lease by this reference) and provided that the same does not AFDOCS//21459967 interfere with any existing, it similar equipment maintained on such roof or in such Building, Tenant shall be reasonable for Landlord have the right, at its sole cost and expense, 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 place upon 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 and/or Project 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 roof of the Building one standard-size telecommunication dish as reasonably necessary for the operations of Tenant. Any related telecommunications equipment (together with such telecommunications dish, the “Satellite Equipment”) that is not required to be located on the roof shall be placed within the Premises. Prior to any such installation, the specifications and Project location of such Satellite Equipment (and any other equipment related to Telecommunications Services) shall be subject to Landlord’s reasonable prior express written approval. Landlord may establish reasonable rules relating to the proposed activities positioning of such Satellite Equipment on the roof or other locations at or near the Building, as well as the manner of installation and removal thereof so as to not interfere with the structural integrity of the Electronic Services Provider; (iii) roof or the Electronic Services Provider agrees to abide by such rules and regulations, rights of other 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 and/or Project, the tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building and/or Project with respect to proposed alterations as described in Section 8 above; (iv) Landlord reasonably determines that, considering other potential uses for space in the Building and/or Project, there is sufficient space in the Building and/or Project 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 providers 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 and/or Project 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 and Project, for the use of common or core space within the Building and/or Project and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord plans whose satellite equipment was installed prior to the installation of Tenant’s Satellite Equipment (provided that Tenant’s Satellite Equipment is only for receiving ordinary television signals and not any other type of transmission). Tenant shall be responsible to insure that the provider's installation, maintenance and removal and operation of such Satellite Equipment (a) complies with this Lease and all Laws, rules and regulations applicable thereto, and (b) will not interfere with or adversely affect the operation of any other tenant, including any electrical or mechanical equipment thereof, located within the Building, and detailed "as built" plans immediately after Tenant agrees, at its sole cost and expense, to repair any damage to the installation Building associated with the installation, maintenance or removal of the provider's Satellite Equipment (and any other equipment is complete; and related to Telecommunications Services). Tenant will be responsible for any damage to the Building and/or personal injury arising from Tenant’s or Tenant’s agents’ acts or omissions. Other than the foregoing, there shall be no additional Lease costs associated with such rooftop rights during the Term of this Lease, including any Option Terms (viii) all as defined in Exhibit D). All other provisions of the foregoing matters are documented Lease shall apply to the Satellite Equipment. Notwithstanding the foregoing, in a written license agreement between Landlord the event the Satellite Equipment (and any other equipment related to Telecommunications Services) is not removed by Tenant upon the providerexpiration of this Lease, then Landlord, at Landlord’s option, shall (i) become the form rightful owner of the Satellite Equipment (and content any other equipment related to Telecommunications Services) and Tenant will execute necessary documentation to evidence the conveyance of which is reasonably satisfactory the Satellite Equipment to Landlord, or (ii) Landlord shall be entitled to remove and dispose of the Satellite Equipment at Tenant’s sole cost and expense.

New Provider Installations. If 41.1 In the event 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 and/or ProjectBuilding, no such Electronic Services Provider TSP shall be permitted to install its Lines lines or other equipment within the Building and/or Project 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 ProviderTSP. Without limitation of the foregoing standard, unless If all of the following conditions are satisfied to Landlord's satisfactionsatisfied, it Landlord 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 and/or Project 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 and Project 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 and/or ProjectBuilding, the tenants in the Building Building, and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building and/or Project with respect to proposed alterations Alterations as described in Section 8 abovethis Lease, provided that any such rules and regulations are no more restrictive against Tenant than those imposed on other tenants in the Building; (ivd) Landlord reasonably determines that, considering other potential uses for space in the Building and/or Project, that there is sufficient space in the Building and/or Project 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 providers 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 and/or Project 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 and Project, for the use of common or core space within the Building and/or Project and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord plans prior to the installation of the providerTSP's equipment and detailed "as built" plans immediately after the installation of the provider's equipment is completematerials; and (viiie) all of the foregoing matters are documented in a written license agreement between Landlord and the providerTSP, the form and content of which is reasonably satisfactory to Landlord (a "TSP Agreement"). 41.2 The following provisions shall apply to any approved TSP's activities in the Building: (a) Prior to installation, Landlord shall have the right to approve the type, size, height and weight of the TSP's equipment (the "Equipment"). The Equipment shall only be installed in locations approved by Landlord, which approval Landlord shall not be unreasonably withheld with respect to locations within the Demised Premises, and only in accordance with plans and specifications that have been approved by Landlord. Landlord shall not be deemed to have unreasonably withheld such consent if no adequate location within the Demised Premises is available. (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. Landlord makes no representation or warranty that applicable Laws permit the installation or operation of the Equipment at the Building. The rights granted to the TSP shall be utilized by the TSP in a manner which will not unreasonably disturb the occupancy of the other 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 or the TSP will take all steps necessary to correct and eliminate the interference. If the interference is not eliminated within six (6) hours from receipt of such notice then, upon request from Landlord, Tenant or the TSP shall 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 or to any other locations other than the Building. The TSP may not market or provide services to other tenants of the Building. (e) Tenant or the TSP shall, at Tenant's or the TSP'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 directly from the utility company furnishing electricity to the Building or, if electricity to the Demised Premises is separately metered, through Tenant's meter for the Demised Premises, if feasible. Upon prior notice, Landlord shall promptly provide Tenant and the TSP access to the Equipment, accompanied by a representative of Landlord, if Landlord shall so desire, during normal business hours and during non-business hours if an emergency arises. The TSP shall agree to hold Landlord, and its 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, naming Landlord and any mortgagee of the Building as additional insureds. 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 prior to obtaining access to the Building. Landlord shall be entitled to withhold access to the Building from the TSP until such evidence is delivered to Landlord. (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 41 and the TSP Agreement. (g) Landlord shall have the right to cause the TSP to relocate the Equipment from the point of installation to another area on the roof of the Building, provided that Landlord shall reimburse the TSP for the reasonable out-of-pocket costs of such relocation within thirty (30) days after billing and the relocation shall not have a material adverse impact on the use and operation of, or the service provided by, the Equipment. (h) In the event that either Tenant or the TSP, with or without the knowledge of Tenant, shall default under this Article 41 or the TSP Agreement, Landlord shall have the right to terminate Tenant's rights under this Article 41 and the TSP's rights under the applicable TSP Agreement by serving a three (3) days' notice of termination upon Tenant, and may require the TSP to immediately cease use of and remove the Equipment and/or may avail itself of any and all remedies provided by the TSP Agreement or at law. Upon the termination of a TSP Agreement or upon the expiration or other termination of this Lease, if requested by Landlord, Tenant or the TSP 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 or the TSP's sole cost sand expense and Tenant and TSP shall have no further rights hereunder or under the TSP Agreement. 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 or the TSP shall jointly and severally be responsible to reimburse Landlord for the cost of such removal, as Additional Rent with respect to Tenant.