Risers. Tenant and its contractor shall be permitted non-exclusive access equal to space in the Building risers and telecommunications closets, except such risers or closets being utilized exclusively by Landlord or other users or occupants of the Building (collectively, the “Risers”), at no additional charge therefor, for the sole purpose of installing, inspecting, maintaining, repairing and replacing telecommunications cabling therein; provided, however, that Tenant’s contractor is subject to Landlord’s prior written approval. In furtherance of the foregoing, Landlord and Tenant agree as follows: (1) Tenant shall submit to Landlord for Landlord’s review and prior written approval reasonably detailed plans and specifications showing the locations within the Risers where such cabling and equipment will be installed. (2) Tenant shall appropriately xxxx and/or tag all such cabling and equipment as are required by Landlord to identify the owner and user thereof. If any such cabling and equipment are installed without Landlord’s prior written approval or without such appropriate identification, and Tenant fails to remove same within thirty (30) days after written notice from Landlord to do so, then Landlord shall have the right to remove and correct such improvements and restore the Risers to their condition immediately prior thereto, and Tenant shall be liable for all expenses incurred by Landlord in connection therewith. (3) Tenant shall not be entitled to use or occupy a disproportionate amount of the available space in the Risers, based upon the proportion of the rentable area then comprising the Premises to the aggregate rentable office area in the Building. Landlord makes no representation or warranty that the Risers will be adequate to satisfy Tenant’s needs. (4) Tenant and its contractor(s) shall coordinate any access to the Risers with Landlord’s property manager for the Building. (5) If Tenant requests Landlord or its employees to provide after hours or non-standard services, Tenant shall pay to Landlord, as Additional Rent, all actual, out-of-pocket costs and expenses incurred by Landlord in connection therewith (at Tenant’s request, Landlord shall notify Tenant whether any particular service is non-standard prior to the commencement of such work by Landlord). (6) Tenant and its contractor(s) shall conduct their work in a manner that minimizes disruption and inconvenience to other tenants and occupants of the Building. (7) During the installation, maintenance, repair, replacement, and removal of such cabling and equipment, Tenant shall keep all public areas of the Building where such work is being performed neat and clean at all times and Tenant shall remove or cause all debris to be removed from the Building at the end of each workday. (8) Tenant shall promptly repair, at its sole cost and expense, any damage done to the Building or to the premises of any other tenant in the Building or to any electrical, mechanical, HVAC, sprinkler, life safety and other operating system serving the Building or other Common Areas that are caused by or arise out of any work performed by Tenant or its contractor pursuant to this Section 42. (9) Any contractor performing such work shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed (it being agreed that it shall be reasonable for Landlord to withhold or deny its approval if such contractor is not properly licensed or insured, is subject to any bankruptcy proceeding, or is not a telecommunications provider which provides services to office buildings in Rockville, Maryland on a general basis). (10) In performing such work, Tenant and its contractor shall observe Landlord’s rules and regulations regarding the construction, installation, and removal of Tenant improvements in the Building, which rules and regulations, together with any modifications thereto, shall be provided to Tenant, in writing, prior to enforcement. (11) Tenant shall be solely responsible at its sole cost and expense to correct and to repair any work or materials installed by Tenant or Tenant’s contractor. Landlord shall have no liability to Tenant whatsoever on account of any work performed or material provided by Tenant or its contractor. (12) Tenant shall not be required to remove any cabling and equipment installed by or on behalf of Tenant in the Risers in compliance with this Section 42.B. (whether on or after the date hereof) from the Building upon the expiration or earlier termination of this Lease. (13) Landlord’s representative shall have the right to inspect any work performed by Tenant or its contractor at any time. (14) All work done and materials furnished by Tenant and/or its contractor shall be of good quality and shall be performed in a good and workmanlike manner and in accordance and compliance with all applicable Laws and the other applicable provisions of this Lease. (15) Any casualty or other damage to all or any portion of the Risers shall not affect Tenant’s obligations, duties, or responsibilities under this Lease.
Appears in 2 contracts
Samples: Office Lease (Cellular Biomedicine Group, Inc.), Office Lease (Cellular Biomedicine Group, Inc.)
Risers. Landlord agrees that Tenant and its contractor shall be permitted non-exclusive access equal to its proportionate share (as determined from time to time based upon the number of rentable square feet Tenant is leasing in the Building) of the available space in the Building risers risers, plenums and telecommunications closets, except such risers risers, plenums or closets being utilized exclusively by Landlord or other users tenants in the Building (and excluding, in any event, such Building risers, plenums and/or telecommunications closets located in mechanical rooms, basement space or occupants other common and/or public areas of the Building Building) (collectively, the “Risers”), at no additional charge therefor, for the sole purpose of installing, inspecting, maintaining, repairing installing cabling and replacing telecommunications cabling equipment therein; provided, however, that Tenant’s contractor is subject to Landlord’s prior written approval. In furtherance of the foregoing, Landlord and Tenant agree as followsthat:
(1a) Tenant shall submit to Landlord for Landlord’s review and prior written approval (which approval shall not be unreasonably withheld or delayed) reasonably detailed plans and specifications showing the locations within the Risers where such cabling and equipment will be installed.
(2) . Tenant shall appropriately xxxx and/or tag all such cabling and equipment as are reasonably required by Landlord to identify the owner and and/or user thereof. If any such cabling and and/or equipment are installed without Landlord’s prior written approval or without such appropriate identification, and Tenant fails to remove same within thirty (30) days after written notice from Landlord to do so, then Landlord shall have the right to remove and correct such improvements and restore the Risers to their condition immediately prior thereto, and Tenant shall be liable for all expenses incurred by Landlord in connection therewith.
(3) . Tenant shall not be entitled to use or occupy a disproportionate amount of the available space in the Risers, based upon the proportion of the rentable area then comprising the Premises being leased by Tenant to the aggregate rentable office area in the Building. Landlord makes no representation or warranty that the Risers will be adequate to satisfy Tenant’s needs.
(4b) Tenant and its contractor(s) contractor shall coordinate any access to the Risers with Landlord’s property manager for the Building.
(5c) If Tenant requests Landlord or its employees to provide after hours or non-standard services, Tenant shall pay to Landlordpay, as Additional Rentadditional rent, all actual, out-of-out of pocket costs and expenses reasonably incurred by Landlord in connection therewith (at with Tenant’s request, Landlord shall notify Tenant whether any particular service is non-standard prior to the commencement installation of such work by Landlord)cabling and equipment.
(6d) Tenant and its contractor(s) contractor shall conduct their work in a manner that minimizes shall minimize disruption and inconvenience to other tenants and occupants of the Building. Any contractor performing such work shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. In performing such work, Tenant and its contractor shall observe Landlord’s reasonable rules and regulations regarding the construction, installation, and removal of tenant improvements in the Building, which rules and regulations, together with any modifications thereto, shall be provided to Tenant, in writing, prior to enforcement.
(7e) During the installation, maintenance, repair, replacement, and removal of such cabling and equipment, Tenant shall keep all public areas of the Building where such work is being performed neat and clean at all times and Tenant shall remove or cause all debris to be removed from the Building at the end of each workdaywork day.
(8) f) Tenant shall promptly repair, at its sole cost and expense, any damage done to the Building or to the premises of any other tenant in the Building or and to any electrical, mechanical, HVAC, sprinkler, life safety and other operating system serving the Building or other Common Areas common areas appurtenant to the Building that are caused by or arise out of any work performed by Tenant or its contractor pursuant to this Section 42Section.
(9) Any contractor performing such work shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed (it being agreed that it shall be reasonable for Landlord to withhold or deny its approval if such contractor is not properly licensed or insured, is subject to any bankruptcy proceeding, or is not a telecommunications provider which provides services to office buildings in Rockville, Maryland on a general basis).
(10) In performing such work, Tenant and its contractor shall observe Landlord’s rules and regulations regarding the construction, installation, and removal of Tenant improvements in the Building, which rules and regulations, together with any modifications thereto, shall be provided to Tenant, in writing, prior to enforcement.
(11g) Tenant shall be solely responsible at its sole cost and expense to correct and to repair any work or materials installed by Tenant or Tenant’s contractor. Landlord shall have no liability to Tenant whatsoever on account of any work performed or material provided by Tenant or its contractor.
(12) Tenant shall not be required to remove any cabling and equipment installed by or on behalf of Tenant in the Risers in compliance with this Section 42.B. (whether on or after the date hereof) from the Building upon the expiration or earlier termination of this Lease.
(13h) Landlord’s representative shall have the right to inspect any work performed by Tenant or its contractor at any time.
(14) with respect to the Risers during the normal hours of operation of the Building or such other hours as Landlord may request. All work done and materials furnished by Tenant and/or its contractor shall be of good quality and quality, shall be performed in a good and workmanlike manner and in accordance and compliance with all applicable Laws and the other applicable provisions of this Lease.
(15) Any casualty or other damage to all or any portion of the Risers shall not affect Tenant’s obligations, duties, or responsibilities under this Lease.
Appears in 1 contract
Risers. Tenant Subject to the terms of this Section 3.4, Landlord hereby consents to Tenant’s installing and its contractor shall be permitted non-exclusive access equal to space in the Building risers and maintaining electrical lines, telecommunications closetslines, except such risers or closets being utilized exclusively by Landlord or other users or occupants of the Building similar lines and conduits (collectively, the “Risers”)) in the shaft locations reasonably designated by Landlord and approved by Tenant, which approval Tenant shall not be unreasonably withhold, condition or delay. Landlord shall provide Tenant with reasonably necessary access in accordance with good construction practice for the installation, operation and maintenance of the Risers, provided that such access shall (i) not unreasonably interfere with or interrupt the operation and maintenance of the Building, and (ii) be upon such other terms reasonably designated by Landlord. Tenant shall install the Risers at Tenant’s expense. Tenant shall perform such installation in accordance with the provisions of this Lease, including, without limitation, the provisions pertaining to the performance of Alterations. If Tenant exercises Tenant’s right to install the Risers as contemplated by this Section 3.4, then Tenant, at Tenant’s expense, shall maintain the Risers in good condition during the Term, ordinary wear and tear, damage by casualty and damage for which Tenant is not responsible excepted. Landlord, at Landlord’s cost and expense and at no additional charge thereforcost to Tenant, for and upon reasonable prior notice to Tenant of not less than ninety (90) days, may, at any time and from time to time during the sole purpose Term, relocate any of installing, inspecting, maintaining, repairing and replacing telecommunications cabling thereinthe Risers; provided, however, that Tenant’s contractor is subject to Landlord’s prior written approval. In furtherance of the foregoing, Landlord and Tenant agree as follows:
(1i) Tenant shall submit to Landlord for Landlord’s review and prior written approval reasonably detailed plans and specifications showing the locations within the Risers where such cabling and equipment will be installed.
(2) Tenant shall appropriately xxxx and/or tag all such cabling and equipment as are required by Landlord to identify the owner and user thereof. If any such cabling and equipment are installed without Landlord’s prior written approval or without such appropriate identification, and Tenant fails to remove same within thirty (30) days after written notice from Landlord to do so, then Landlord shall have the right to remove and correct perform such improvements and restore the Risers to their condition immediately prior thereto, and Tenant shall be liable for all expenses incurred by Landlord in connection therewith.
(3) Tenant shall not be entitled to use or occupy a disproportionate amount of the available space in the Risers, based upon the proportion of the rentable area then comprising the Premises to the aggregate rentable office area in the Building. Landlord makes no representation or warranty that the Risers will be adequate to satisfy Tenant’s needs.
(4) Tenant and its contractor(s) shall coordinate any access to the Risers with Landlord’s property manager for the Building.
(5) If Tenant requests Landlord or its employees to provide after hours or non-standard services, Tenant shall pay to Landlord, as Additional Rent, all actual, out-of-pocket costs and expenses incurred by Landlord in connection therewith (at Tenant’s request, Landlord shall notify Tenant whether any particular service is non-standard prior to the commencement of such work by Landlord).
(6) Tenant and its contractor(s) shall conduct their work relocation in a manner that minimizes disruption and inconvenience to other tenants and occupants does not interfere with the operation of the Building.
Tenant’s business in any respect (7beyond a de minimis extent) During the installation, maintenance, repair, replacementduring ordinary business hours or Business Days, and removal of such cabling and equipment, Tenant shall keep all public areas of the Building where such work is being performed neat and clean at all times and Tenant shall remove or cause all debris to be removed from the Building at the end of each workday.
(8) Tenant shall promptly repair, at its sole cost and expense, any damage done to the Building or to the premises ii) if Landlord’s aforesaid relocation of any other tenant Risers would interfere in the Building or to any electrical, mechanical, HVAC, sprinkler, life safety and other operating respect with a system serving the Building or other Common Areas that are caused by or arise out of any work performed by Tenant or its contractor pursuant to this Section 42.
(9) Any contractor performing such work shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed (it being agreed that it shall be reasonable for Landlord to withhold or deny its approval if such contractor is not properly licensed or insured, is subject to any bankruptcy proceeding, or is not a telecommunications provider which provides services to office buildings in Rockville, Maryland uses on a general basis).
(10) In performing such workcontinuous basis for the conduct of Tenant’s business, Tenant and its contractor shall observe then Landlord’s rules and regulations regarding the construction, installation, and removal of Tenant improvements in the Building, which rules and regulations, together with any modifications thereto, shall be provided to Tenant, in writing, prior to enforcement.
(11) removing such Risers, shall install and make operative new comparable Risers and cooperate with Tenant shall be solely responsible at its sole cost and expense to correct and enable Tenant to repair any work or materials installed by Tenant or maintain the continuous operation of such systems. Tenant’s contractor. Landlord shall have no liability to Tenant whatsoever on account of any work performed or material provided by Tenant or its contractor.
(12) Tenant , upon the Expiration Date, shall not be required to remove any cabling and equipment installed by or on behalf of Tenant in the Risers in compliance with this Section 42.B. (whether on or after the date hereof) from the Building upon the expiration or earlier termination of this Lease.
(13) Landlord’s representative shall have Risers; provided, however, that Landlord reserves the right to inspect any work performed by Tenant or its contractor at any time.
(14) All work done and materials furnished by Tenant and/or its contractor shall be of good quality and shall be performed in a good and workmanlike manner and in accordance and compliance with all applicable Laws and the other applicable provisions of this Lease.
(15) Any casualty or other damage to all or any portion of require the Risers shall not affect to be disconnected, capped and sealed at Tenant’s obligations, duties, or responsibilities under this Leasecost upon the Expiration Date.
Appears in 1 contract
Samples: Lease Agreement (fuboTV Inc. /FL)
Risers. Tenant (a) Landlord’s consent to the installation and its contractor operation of the Risers shall not mean or imply that the Risers or their location, method of installation, appearance, safety or operation comply with Legal Requirements, and Landlord shall be permitted non-exclusive access equal under no duty to space in permit Tenant to install the Building risers Risers if the same is prohibited by any applicable Legal Requirements or insurance requirements. Tenant shall comply with all applicable Legal Requirements and telecommunications closetsinsurance requirements with respect to the Risers. Tenant shall obtain and maintain, except such risers or closets being utilized exclusively by Landlord or other users or occupants at Tenant’s sole cost and expense, all licenses and permits required for the installation, maintenance, replacement and operation of the Building (collectively, the “Risers”), at no additional charge therefor, for the sole purpose of installing, inspecting, maintaining, repairing and replacing telecommunications cabling therein; provided, however, that Tenant’s contractor is subject to Landlord’s prior written approval. In furtherance of the foregoing, Landlord and Tenant agree as follows:
(1) Tenant shall submit to Landlord for Landlord’s review and prior written approval reasonably detailed plans and specifications showing the locations within the Risers where such cabling and equipment will be installed.
(2) Tenant shall appropriately xxxx and/or tag all such cabling and equipment as are required by Landlord to identify the owner and user thereof. If any such cabling and equipment are installed without Landlord’s prior written approval or without such appropriate identification, and Tenant fails to remove same within Within thirty (30) days after written notice from Landlord to do sorequest by Landlord, then Landlord shall have the right to remove and correct such improvements and restore the Risers to their condition immediately prior thereto, and Tenant shall deliver to Landlord copies of any filings or statements which Tenant may be liable for all expenses incurred by Landlord in connection therewithrequired to make, from time to time, with any Governmental Authority with respect to the use of the Risers.
(3b) Tenant shall not be entitled to use or occupy a disproportionate amount The installation of the available space in the Risers, based upon the proportion of the rentable area then comprising the Premises to the aggregate rentable office area in the Building. Landlord makes no representation or warranty that the Risers will shall be adequate to satisfy Tenant’s needs.
(4) Tenant and its contractor(s) shall coordinate any access to the Risers with Landlord’s property manager for the Building.
(5) If Tenant requests Landlord or its employees to provide after hours or non-standard services, Tenant shall pay to Landlord, as Additional Rent, all actual, out-of-pocket costs and expenses incurred by Landlord in connection therewith (at Tenant’s request, Landlord shall notify Tenant whether any particular service is non-standard prior to the commencement of such work by Landlord).
(6) Tenant and its contractor(s) shall conduct their work in a manner that minimizes disruption and inconvenience to other tenants and occupants of the Building.
(7) During the installation, maintenance, repair, replacement, and removal of such cabling and equipment, Tenant shall keep all public areas of the Building where such work is being performed neat and clean at all times and Tenant shall remove or cause all debris to be removed from the Building at the end of each workday.
(8) Tenant shall promptly repair, at its sole cost and expense, any damage done to the Building or to the premises of any other tenant in the Building or to any electrical, mechanical, HVAC, sprinkler, life safety and other operating system serving the Building or other Common Areas that are caused by or arise out of any work performed by Tenant or its contractor pursuant upon and subject to the terms and conditions of Article 4 of this Section 42.
(9) Any contractor performing such work Lease and the other applicable provisions of this Lease. The method of installation, appearance, safety and operation of the Risers shall be subject to the prior written approval of Landlord’s reasonable approval, which approval shall not be unreasonably withheld, conditioned granted or delayed (it being agreed that it shall be reasonable for Landlord to withhold or deny its approval if such contractor is not properly licensed or insured, is denied upon and subject to any bankruptcy proceeding, or is not a telecommunications provider which provides services to office buildings in Rockville, Maryland on a general basis).
(10) In performing such work, Tenant and its contractor shall observe Landlord’s rules and regulations regarding the construction, installation, and removal applicable terms of Tenant improvements in the Building, which rules and regulations, together with any modifications thereto, shall be provided to Tenant, in writing, prior to enforcement.
(11) Tenant shall be solely responsible at its sole cost and expense to correct and to repair any work or materials installed by Tenant or Tenant’s contractorthis Lease. Landlord shall have no liability to Tenant whatsoever on account of any work performed or material provided by Tenant or its contractor.
(12) Tenant shall not be required to remove any cabling and equipment installed by alter or on behalf of Tenant in move the Risers in compliance with this Section 42.B. (whether on or after without Landlord’s prior reasonable approval upon and subject to the date hereof) from the Building upon the expiration or earlier termination terms and conditions of Article 4 of this Lease.
(13) Landlord’s representative shall have the right to inspect any work performed by Tenant or its contractor at any time.
(14) All work done and materials furnished by Tenant and/or its contractor shall be of good quality and shall be performed in a good and workmanlike manner and in accordance and compliance with all applicable Laws Lease and the other applicable provisions of this Lease.
(15c) Any casualty For the sole purpose of installing, servicing or repairing the Risers, Tenant and its Approved Contractors shall have access to such portions of the Building as may be necessary therefor at reasonable times upon reasonable notice to Landlord upon and subject to the applicable terms of this Lease, the rights of any tenants pursuant to the terms of their respective leases and any other reasonable requirements imposed by Landlord in connection therewith. Landlord shall use commercially reasonable efforts to exercise any rights available to Landlord under other leases in the Building in order to provide Tenant and its Approved Contractors with such access and Tenant shall pay to Landlord all out-of-pocket costs and expenses actually incurred by Landlord in connection therewith as Additional Rent within thirty (30) days after demand therefor.
(d) Landlord may, from time to time, on not less than ninety (90) days’ prior notice, relocate the Risers to another location designated by Landlord. Tenant shall cooperate in all reasonable respects with Landlord in any such relocation. Such relocation shall be at Landlord’s sole cost and expense, unless such relocation shall occur solely on account of a temporary and/or permanent relocation(s) due to Tenant’s maintenance, repairs or replacement to the Risers. If such relocation shall be at Tenant’s expense, Tenant shall reimburse Landlord for the actual reasonable out-of-pocket costs thereof (without duplication) as Additional Rent within thirty (30) days after receipt of a statement therefor. Landlord shall not be liable for any interruption in the use of the Risers during any period of relocation incurred by Tenant in connection therewith, although Landlord shall (subject to delays caused by Tenant and/or its agents, contractors or employees and/or by Force Majeure) use commercially reasonable efforts to minimize the scope and duration of such interruption, but without being obligated to employ overtime labor (unless requested to do so by Tenant, in which event Tenant will reimburse Landlord, as Additional Rent within thirty (30) days of demand, for any such overtime or similar costs incurred by Landlord at Tenant’s request) or to incur any extraordinary costs in connection therewith. Tenant shall promptly apply for, and maintain during the remainder of the Term, any license or permit required in connection with such relocation.
(e) The rights granted in this Section 10.18 are given in connection with, and as part of, the rights created under this Lease and are not separately transferable or assignable from this Lease and may not be used by any Person other than Tenant and Tenant’s permitted subtenants, provided Landlord shall not charge such subtenants any fee, rent or other damage direct or indirect charge for such use; provided, however, that Tenant shall be entitled to all license a portion of the Risers to a third party carrier for the provision of communications and data services and gas solely within the Premises, subject to Landlord’s reasonable approval (provided that no fee, rent or other direct or indirect charge shall be charge to the licensee therefor).
(f) The license granted pursuant to this Section 10.18 shall terminate upon the expiration or sooner termination of the Term. This Section 10.18 does not, and shall not be deemed to, constitute a lease or a conveyance of any portion of the Risers Building outside of the Premises by Landlord to Tenant or confer upon Tenant any right, title, estate or interest therein.
(g) Tenant shall not affect be charged any additional rental amount in connection with the operation of the Risers. Notwithstanding the foregoing, Tenant shall be responsible for, and shall pay to Landlord within thirty (30) days after demand therefor, as Additional Rent, all reasonable out-of-pocket costs actually incurred by Landlord (without duplication) in connection with the Risers, including, without limitation, the cost of any third party architect and/or engineer retained by Landlord in connection therewith and the commercially reasonable costs of any representative of Landlord (who shall consist of a xxxxxx, security personnel or engineer) provided by Landlord in its sole discretion (which charges shall be consistent with similar services in First Class Office Buildings) in connection with any work performed by Tenant in order to install, operate, maintain, and remove the Risers.
(h) Notwithstanding anything to the contrary contained herein, in no event shall Tenant be entitled to an aggregate amount of shaft and riser space in the Building pursuant to any provisions of this Lease to the extent the same exceeds Tenant’s obligationsShare of Operating Expenses as of the Commencement Date of all base building shaft and riser space; provided that if Tenant shall lease any ROFO Floors or Expansion Space hereunder and additional riser space is then available in the Building, duties, then Tenant shall be entitled to additional riser space allocable to such ROFO Floors or responsibilities under this LeaseExpansion Space.
Appears in 1 contract
Samples: Lease Agreement (Moodys Corp /De/)
Risers. Tenant and its contractor Provided this Lease shall be permitted non-exclusive access equal to space in the Building risers full force and telecommunications closets, except such risers or closets being utilized exclusively by Landlord or other users or occupants of the Building (collectively, the “Risers”), at no additional charge therefor, for the sole purpose of installing, inspecting, maintaining, repairing effect and replacing telecommunications cabling therein; provided, however, that Tenant’s contractor is subject to Landlord’s prior written approval. In furtherance of the foregoing, Landlord and Tenant agree as follows:
(1) Tenant shall submit to Landlord for Landlord’s review and prior written approval reasonably detailed plans and specifications showing the locations within the Risers where such cabling and equipment will be installed.
(2) Tenant shall appropriately xxxx and/or tag all such cabling and equipment as are required by Landlord to identify the owner and user thereof. If any such cabling and equipment are installed without Landlord’s prior written approval or without such appropriate identification, and Tenant fails to remove same within thirty (30) days after written notice from Landlord to do so, then Landlord shall have the right to remove and correct such improvements and restore the Risers to their condition immediately prior thereto, and Tenant shall be liable for all expenses incurred by Landlord in connection therewith.
(3) Tenant shall not be entitled to use or occupy a disproportionate amount of the available space in the Risers, based upon the proportion of the rentable area then comprising the Premises to the aggregate rentable office area in the Building. Landlord makes no representation or warranty that the Risers will be adequate to satisfy Tenant’s needs.
(4) Tenant and its contractor(s) shall coordinate default hereunder beyond any access to the Risers with Landlord’s property manager for the Building.
(5) If Tenant requests Landlord or its employees to provide after hours or non-standard servicesapplicable grace period, Tenant shall pay to Landlord, as Additional Rent, all actual, out-of-pocket costs and expenses incurred by Landlord in connection therewith (at Tenant’s request, Landlord shall notify Tenant whether any particular service is non-standard prior to the commencement of such work by Landlord).
(6) Tenant and its contractor(s) shall conduct their work in a manner that minimizes disruption and inconvenience to other tenants and occupants of the Building.
(7) During the installation, maintenance, repair, replacement, and removal of such cabling and equipment, Tenant shall keep all public areas of the Building where such work is being performed neat and clean at all times and Tenant shall remove or cause all debris to be removed from the Building at the end of each workday.
(8) Tenant shall promptly repairmay, at its sole cost and expense, any damage done to install and operate during the Building or to Term, wiring a cabling within the premises risers of any other tenant in the Building or to any electrical, mechanical, HVAC, sprinkler, life safety and other operating system serving Building. The use of the Building or other Common Areas that are caused by or arise out of any work performed by Tenant or its contractor pursuant to this Section 42.
(9) Any contractor performing such work risers shall be subject to the following:
(i) Tenant shall not install such wiring or cabling, or use the risers, until it receives prior written approval of from Landlord, which approval shall not be unreasonably withheld, conditioned or delayed (it being agreed that it shall be reasonable for Landlord to withhold or deny its approval if such contractor is not properly licensed or insured, is subject to any bankruptcy proceeding, or is not a telecommunications provider which provides services to office buildings in Rockville, Maryland on a general basis)delayed.
(10ii) In The contractors performing such work within the risers shall be approved (which approval shall not be unreasonably withheld, conditioned or delayed) or designated by Landlord prior to the commencement of any work, .
(iii) Tenant covenants and its contractor shall observe Landlord’s rules and regulations regarding agrees that the construction, installation, operation and removal of the wiring and cabling will be at its sole risk. Xxxxxx agrees to indemnify and defend Landlord against all claims, actions, damages, liabilities and expenses including reasonable attorney’s fees and disbursements in connection with the loss of life, personal injury, damage to property or business or any other loss or injury or as a result of any litigation arising out of the installation, operation or removal of the wiring and cabling, or use of the risers. Tenant improvements in acknowledges that other tenants and occupants also use the Buildingrisers; accordingly, which rules and regulations, together with Tenant shall not over-burden the risers or damage any modifications thereto, shall be provided to Tenant, in writing, prior to enforcementproperty of other tenants or occupants.
(11iv) Tenant shall be solely responsible at its sole cost and expense to correct and to repair any work or materials installed by Tenant or Tenant’s contractor. Landlord shall have no liability to Tenant whatsoever on account of any work performed or material provided by Tenant or its contractor.
(12) Tenant shall not be required to remove any cabling and equipment installed by or on behalf of Tenant in the Risers in compliance with this Section 42.B. (whether on or after the date hereof) from the Building upon At the expiration or earlier sooner termination of this Lease.
(13) Landlord’s representative , or upon termination of the operation of the use of the wiring and cabling with the risers, Tenant shall have the right to inspect any work performed by Tenant or its contractor at any time.
(14) All work done and materials furnished by Tenant and/or its contractor shall be of good quality and shall be performed in a good and workmanlike manner and in accordance and compliance with remove all applicable Laws wiring and cabling from within the other applicable provisions of this Lease.
(15) Any casualty or other risers and repair and damage caused thereby, at Tenant’s sole cost and expense. Tenant shall leave the risers in good order and repair. If Tenant does not remove the wiring and cabling from the risers when so required, Tenant hereby authorizes Landlord to all or any portion remove and dispose of the Risers shall not affect Tenant’s obligations, duties, or responsibilities under this Leasewiring and cabling and to charge Tenant for all reasonable costs and expenses incurred.
Appears in 1 contract
Samples: Office Lease (Behringer Harvard Opportunity REIT II, Inc.)
Risers. Tenant Subject to the terms of this Section 3.13, Landlord hereby consents to Tenant's installing and its contractor shall be permitted maintaining, on a non-exclusive access equal to space in the Building risers basis, electrical lines, telecommunications and telecommunications closets, except such risers or closets being utilized exclusively by Landlord data lines or other users or occupants of the Building similar lines and conduits (collectively, the “"Risers”)") in shaft locations reasonably designated by Landlord as reasonably required by Tenant for the operation of its business at the Premises, including two (2) four (4) inch conduits from each point of entry in the telecommunications room in the basement of the Building to the Premises. The Risers shall be provided to Tenant at no additional charge therefor, expense. Landlord shall provide Tenant with reasonably necessary and reasonably unobstructed access in accordance with good construction practice for the sole purpose installation, operation and maintenance of installingthe Risers, inspectingprovided that such access shall (i) not unreasonably interfere with or interrupt the operation and maintenance of the Building, maintainingand (ii) be upon such other terms reasonably designated by Landlord. Tenant shall install the Risers at Tenant's expense. Tenant shall perform such installation in accordance with the provisions of this Lease, repairing including, without limitation, the provisions pertaining to the performance of Alterations. If Tenant's installation of the Risers requires the abatement of asbestos or asbestos-containing materials in accordance with applicable Requirements, then Landlord, at Landlord's cost, shall perform such abatement with reasonable diligence following Tenant's giving Landlord notice that such abatement is required. If Tenant exercises Tenant's right to install the Risers as contemplated by this Section 3.13, then Tenant, at Tenant's expense, shall maintain the Risers in good condition during the Term. Landlord, at Landlord's cost and replacing telecommunications cabling thereinexpense, and upon reasonable prior notice to Tenant of not less than ninety (90) days, may, at any time and from time to time during the Term, relocate any of the Risers; provided, however, that Tenant’s contractor is subject to Landlord’s prior written approval. In furtherance of the foregoing, Landlord and Tenant agree as follows:
(1i) Tenant shall submit to Landlord for Landlord’s review and prior written approval reasonably detailed plans and specifications showing the locations within the Risers where such cabling and equipment will be installed.
(2) Tenant shall appropriately xxxx and/or tag all such cabling and equipment as are required by Landlord to identify the owner and user thereof. If any such cabling and equipment are installed without Landlord’s prior written approval or without such appropriate identification, and Tenant fails to remove same within thirty (30) days after written notice from Landlord to do so, then Landlord shall have the right to remove and correct perform such improvements and restore the Risers to their condition immediately prior thereto, and Tenant shall be liable for all expenses incurred by Landlord in connection therewith.
(3) Tenant shall not be entitled to use or occupy a disproportionate amount of the available space in the Risers, based upon the proportion of the rentable area then comprising the Premises to the aggregate rentable office area in the Building. Landlord makes no representation or warranty that the Risers will be adequate to satisfy Tenant’s needs.
(4) Tenant and its contractor(s) shall coordinate any access to the Risers with Landlord’s property manager for the Building.
(5) If Tenant requests Landlord or its employees to provide after hours or non-standard services, Tenant shall pay to Landlord, as Additional Rent, all actual, out-of-pocket costs and expenses incurred by Landlord in connection therewith (at Tenant’s request, Landlord shall notify Tenant whether any particular service is non-standard prior to the commencement of such work by Landlord).
(6) Tenant and its contractor(s) shall conduct their work relocation in a manner that minimizes disruption and inconvenience does not interfere with the operation of Tenant's business to other tenants and occupants of the Building.
(7) During the installation, maintenance, repair, replacementmore than a de minimis extent, and removal of (ii) prior to removing such cabling Risers, Landlord shall install and equipment, make operative new Risers and cooperate with Tenant shall keep all public areas of to enable Tenant to maintain the Building where such work is being performed neat and clean at all times and Tenant shall remove or cause all debris to be removed from the Building at the end of each workday.
(8) Tenant shall promptly repair, at its sole cost and expense, any damage done to the Building or to the premises continuous operation of any other tenant in systems that Tenant uses on a continuous basis for the Building or to any electrical, mechanical, HVAC, sprinkler, life safety conduct of Tenant's business and other operating system serving the Building or other Common Areas that are caused affected by or arise out of any work performed by Tenant or its contractor pursuant to this Section 42.
(9) Any contractor performing such work shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed (it being agreed that it shall be reasonable for Landlord to withhold or deny its approval if such contractor is not properly licensed or insured, is subject to any bankruptcy proceeding, or is not a telecommunications provider which provides services to office buildings in Rockville, Maryland on a general basis).
(10) In performing such work, Tenant and its contractor shall observe Landlord’s rules and regulations regarding the construction, installation, and removal of Tenant improvements in the Building, which rules and regulations, together with any modifications thereto, shall be provided to Tenant, in writing, prior to enforcement.
(11) Tenant shall be solely responsible at its sole cost and expense to correct and to repair any work or materials installed by Tenant or Tenant’s contractorrelocation. Landlord shall have no liability to Tenant whatsoever on account of any work performed or material provided by Tenant or its contractor.
(12) Tenant shall not be required to remove any cabling and equipment installed by or on behalf of Tenant in the Risers in compliance with this Section 42.B. (whether on or after the date hereof) from the Building upon the expiration or earlier termination of this LeaseExpiration Date.
(13) Landlord’s representative shall have the right to inspect any work performed by Tenant or its contractor at any time.
(14) All work done and materials furnished by Tenant and/or its contractor shall be of good quality and shall be performed in a good and workmanlike manner and in accordance and compliance with all applicable Laws and the other applicable provisions of this Lease.
(15) Any casualty or other damage to all or any portion of the Risers shall not affect Tenant’s obligations, duties, or responsibilities under this Lease.
Appears in 1 contract
Samples: Lease (Clear Secure, Inc.)