Common use of Roof Access Clause in Contracts

Roof Access. Tenant, at its sole cost and expense, shall have the non-exclusive right (it being understood that Landlord may grant, extend or renew similar rights to others) to install, maintain, and from time to time replace satellite dishes or other similar communication equipment and HVAC and ventilation equipment (“Rooftop Equipment”) on the roof of the Building, provided that prior to commencing any installation or maintenance, Tenant shall (i) obtain Landlord’s prior approval (not to be unreasonably withheld) of the proposed size, weight and location of the Rooftop Equipment and method for fastening the Rooftop Equipment to the roof, (ii) such installation and/or replacement shall comply strictly with all Laws and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) use the Rooftop Equipment solely for its internal use, (iv) not grant any right to use of the Rooftop Equipment to any other party, and (v) obtain and maintain in effect, at Tenant’s sole cost and expense, insurance for the Rooftop Equipment and any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to Landlord. Landlord may supervise any roof penetration related to the installation of a Rooftop Equipment. All installation, construction and maintenance shall be performed in accordance with the requirements of Paragraph 12 below and otherwise in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements imposed by Landlord. Tenant shall label each cable or wire placed by Tenant in the telecommunications pathways of the Building, with identification information as required by Landlord. Tenant shall repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant, and Tenant may remove the Rooftop Equipment at its cost at any time during the Term. Tenant shall remove the Rooftop Equipment at Tenant’s cost and expense upon the expiration or termination of this Lease. The Rooftop Equipment, and any wires, cables or connections relating thereto, and the installation, maintenance and operation thereof shall in no way interfere with the operation of communications (including, but not limited to, other satellite dishes) or computer devices by Landlord or other tenants or occupants of the Project. If such interference shall occur, Landlord shall give Tenant written notice thereof and Tenant shall correct the same within twenty-four (24) hours of receipt of such notice. Landlord reserves the right to disconnect power to any Rooftop Equipment if Tenant fails to correct such interference within twenty-four (24) hours after such notice. Landlord makes no warranty or representation that the Building or any portions thereof are suitable for the use of a Rooftop Equipment, it being assumed that Tenant has satisfied itself thereof. Tenant shall protect, defend, indemnify and hold harmless Landlord and Landlord’s Agents from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Rooftop Equipment. Tenant’s obligations under this paragraph shall survive any termination of this Lease

Appears in 2 contracts

Samples: Lease Agreement (10x Genomics, Inc.), Lease Agreement (10X Genomics, Inc.)

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Roof Access. Tenant, at its sole cost and expense, shall have the non-exclusive right (it being understood that Landlord may grant, extend or renew similar rights to others) to install, maintain, and from time to time replace a satellite dishes or other similar communication equipment and HVAC and ventilation equipment dish (a Rooftop EquipmentDish”) on the roof of the Building, provided that prior to commencing any installation or maintenance, Tenant shall (i) obtain Landlord’s prior approval (not to be unreasonably withheld) of the proposed size, weight and location of the Rooftop Equipment Dish and method for fastening the Rooftop Equipment Dish to the roof, (ii) such installation and/or replacement shall comply strictly with all Laws and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) use the Rooftop Equipment Dish solely for its internal use, (iv) not grant any right to use of the Rooftop Equipment Dish to any other party, and (v) obtain and maintain in effect, at Tenant’s sole cost and expense, insurance for the Rooftop Equipment and any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to Landlord. Landlord may supervise or perform any roof penetration related to the installation of a Rooftop EquipmentDish, and Landlord may charge the cost thereof to Tenant. All Tenant agrees that all installation, construction and maintenance shall be performed in accordance with the requirements of Paragraph 12 below and otherwise in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements as shall be imposed by Landlord. Tenant shall further agrees to label each cable or wire placed by Tenant in the telecommunications pathways of the Building, with identification information as required by Landlord. Tenant shall repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Rooftop EquipmentDish. The Rooftop Equipment Dish shall remain the property of Tenant, and Tenant may remove the Rooftop Equipment Dish at its cost at any time during the Term. Tenant shall remove the Rooftop Equipment Dish at Tenant’s cost and expense upon the expiration or termination of this Lease. The Rooftop EquipmentTenant agrees that the Dish, and any wires, cables or connections relating thereto, and the installation, maintenance and operation thereof shall in no way interfere with the use and enjoyment of the Building, or the operation of communications (including, but not limited towithout limitation, other satellite dishes) or computer devices by Landlord or by other tenants or occupants of the Project. If such interference shall occur, Landlord shall give Tenant written notice thereof and Tenant shall correct the same within twenty-four (24) hours of receipt of such notice. Landlord reserves the right to disconnect power to any Rooftop Equipment Dish if Tenant fails to correct such interference within twenty-four (24) hours after such notice. Landlord makes no warranty or representation that the Building or any portions thereof are suitable for the use of a Rooftop EquipmentDish, it being assumed that Tenant has satisfied itself thereof. Tenant shall protect, defend, indemnify and hold harmless Landlord and Landlord’s Agents from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Rooftop EquipmentDish. Tenant’s obligations under this paragraph shall survive any termination of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Workday, Inc.)

Roof Access. Tenant, at its Tenant’s sole cost and expense, shall have the non-exclusive right (it being understood that Landlord may grant, extend or renew similar rights to others) to install, maintain, and from time to time replace satellite dishes or other similar communication equipment and locate HVAC and ventilation equipment (collectively, the Rooftop HVAC Equipment”) on the roof of the BuildingBuilding in a location reasonably determined by Landlord, but in no event to exceed five thousand (5,000) square feet of roof area. All roof work shall be coordinated with Landlord’s roofing contractor and all plans for equipment and installation shall be subject to the review and approval of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned provided that prior the installations are properly designed to commencing any installation limit potential damage or maintenanceexcessive stress of the roof areas and that the proposed HVAC Equipment is for the use of the Tenant in the normal course of its business. Should Landlord have a roof bond in effect, Tenant shall utilize Landlord’s roofing contractor for any roof penetrations necessary for installation. Tenant acknowledges that Landlord’s review and approval of any plans for the HVAC Equipment shall not constitute an acknowledgement by Landlord that, without limitation, the proposed HVAC Equipment complies with all applicable laws and requirements, will not damage or cause excessive stress to the roof areas, or will not cause any Interference (as hereinafter defined), all of which shall be Tenant’s responsibility to ensure notwithstanding any approval by Landlord as to such plans. All costs relating to the HVAC Equipment shall be borne solely by Tenant, including, without limitation, all costs related to: (i) obtain Landlord’s prior approval (not to be unreasonably withheld) the installation of the proposed sizeHVAC Equipment, weight including all required permits and location of the Rooftop Equipment and method for fastening the Rooftop Equipment to the roof, approvals therefor; (ii) such installation the operation, maintenance, repair and/or replacement shall comply strictly with all Laws and of the conditions of any bond or warranty maintained by Landlord on HVAC Equipment throughout the roof, Term; (iii) use the Rooftop Equipment solely for its internal use, all utilities (including consumption and installation costs); (iv) not grant any right to use compliance with all applicable legal requirements of the Rooftop Equipment to any other party, and governmental authorities; (v) obtain taxes levied on the HVAC Equipment, if any; (vi) removal of the HVAC Equipment upon the expiration or earlier termination of this Lease and maintain the repair of any damage occasioned thereby; (vi) repairs to the roof caused by the HVAC Equipment or installation thereof. The HVAC Equipment shall not cause any interference to: (I) the Building or the operation thereof; (ii) the equipment of Landlord and any tenants, licensees or occupants which are in effectexistence prior to the date of Tenant’s installation of its HVAC Equipment; or (iii) the reception or transmission of communication signals by or from any antenna, satellite dishes or similar equipment installed by Landlord or any tenants, licensees or occupants that have been installed prior to the date of Tenant’s installation of its HVAC Equipment (collectively, “Interference”). In the event of any such Interference, Tenant shall, within forty-eight (48) hours after written notice from Landlord, fully remedy such Interference at Tenant’s sole cost and expense, insurance for the Rooftop Equipment and any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to Landlord. Landlord may supervise any roof penetration related to the installation of a Rooftop Equipment. All installation, construction and maintenance shall be performed in accordance with the requirements of Paragraph 12 below and otherwise in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements imposed by Landlord. Tenant shall label each cable or wire placed by Tenant in the telecommunications pathways of the Building, with identification information as required by Landlord. Tenant shall repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant, and Tenant may remove the Rooftop Equipment at its cost at any time during the Term. Tenant shall remove the Rooftop Equipment at Tenant’s cost and expense upon the expiration or termination of this Lease. The Rooftop Equipment, and any wires, cables or connections relating thereto, and the installation, maintenance and operation thereof shall in no way interfere with the operation of communications (including, but not limited to, other satellite dishes) or computer devices by Landlord or other tenants or occupants of the Project. If such interference shall occur, Landlord shall give Tenant written notice thereof and Tenant shall correct the same within twenty-four (24) hours of receipt of such notice. Landlord reserves the right to disconnect power to any Rooftop Equipment if Tenant fails to correct such interference within twenty-four (24) hours after such notice. Landlord makes no warranty or representation that the Building or any portions thereof are suitable for the use of a Rooftop Equipmentfurther indemnify, it being assumed that Tenant has satisfied itself thereof. Tenant shall protect, defend, indemnify defend and hold Landlord, its agents and employees harmless Landlord and Landlord’s Agents from and against any and all claims, damagesdemands, liabilities, costs and expenses of every kind and nature(including, including attorneys’ without limitation, reasonable attorney’s fees, ) suffered or incurred by or asserted against Landlord arising out of or in any way related to Tenant’s installation, maintenance, replacement, use or removal and operation of the Rooftop HVAC Equipment. Tenant’s obligations under this paragraph shall survive any Upon the expiration or earlier termination of this Lease, Tenant may remove all HVAC Equipment and if removed, shall repair all damage occasioned thereby, which obligation shall survive the expiration or earlier termination of the Lease. In the event that any of the HVAC Equipment is not so removed or any damage caused by the removal is not so restored, the HVAC Equipment shall be considered abandoned and Landlord may use, remove, dispose of, and/or store the HVAC Equipment. If Tenant removes the HVAC Equipment and fails to repair any damage, as Landlord determines in its sole discretion, the cost of such repair shall be charged to Tenant. Notwithstanding the provisions of Section 13 to the contrary, Tenant shall not sublease any portion of the roof area utilized by Tenant hereunder to any unaffiliated third parties.

Appears in 1 contract

Samples: Agreement of Lease (Avant Immunotherapeutics Inc)

Roof Access. Tenant, at its sole cost and expense, shall have Tenant is hereby granted the non-exclusive ------------ ----------- right (it being understood that in conjunction with Landlord may grant, extend or renew similar rights to othersand other tenants of the Building) to install, maintainaccess and use the Building roof for the purpose of installing and maintaining communications antennae (and related equipment), and from for no other purpose. All antennae and related equipment belonging to Tenant and installed on the Building roof as of the date of this Lease are hereby approved by Landlord; provided, however, that if a structural engineer determines that the presence of any such antennae or equipment materially adversely impacts the structural integrity of the Building, Landlord can require the removal or relocation of such antennae or equipment at Tenant's expense. Tenant's access to the roof shall be limited to business hours on business days, except in an emergency or upon reasonable advance notice to Landlord, and such access shall be for the sole purpose of installing, maintaining and/or repairing the antennae situated thereon and the equipment related thereto. Tenant shall have the right to use the equipment room presently situated on the roof at no additional rental, provided that if it is reasonably necessary for another tenant (or tenants) of the Building to use the equipment room in order to install and/or maintain its antenna(e) and/or related equipment on the roof, Tenant shall permit such tenant (or tenants) reasonable shared access to the equipment room. Tenant shall provide Landlord with a copy of all keys and/or security codes to the equipment room, and Landlord shall be entitled to enter the equipment room at any time as is reasonably necessary. If Tenant determines that it needs to time replace satellite dishes or other similar communication equipment and HVAC and ventilation equipment (“Rooftop Equipment”) install an additional antenna on the roof of the Building, provided that prior to commencing any installation or maintenance, Tenant shall (i) obtain Landlord’s prior approval (not to be unreasonably withheld) so notify Landlord in writing, with an explanation of the proposed size, weight basis for the need and location the specifications of the Rooftop Equipment and method for fastening the Rooftop Equipment antenna Tenant proposes to the roof, (ii) such installation and/or replacement shall comply strictly with all Laws and the conditions of any bond or warranty maintained by install. If Landlord determines in its reasonable discretion that adequate space is available on the roofroof to meet Tenant's needs (on a first come-first served basis), (iii) use and no other tenant of the Rooftop Equipment solely for its internal useBuilding will be adversely impacted by such installation, (iv) not then Landlord shall grant any Tenant the right to use of the Rooftop Equipment to any other party, and (v) obtain and maintain in effect, at Tenant’s sole cost and expense, insurance for the Rooftop Equipment and any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to Landlord. Landlord may supervise any roof penetration related to the installation of a Rooftop Equipmentinstall such antenna. All installation, construction costs of installing and maintenance maintaining all such antennae shall be performed in accordance with the requirements of Paragraph 12 below and otherwise in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements imposed borne by LandlordTenant. Tenant shall label each cable or wire placed by Tenant in the telecommunications pathways of the Building, with identification information as required by Landlord. Tenant shall repair any Any damage to the Building caused by Tenant’s 's installation, maintenance, replacement, use maintenance or removal of such antennae shall be immediately repaired by Tenant at its sole expense. Further, Tenant shall be solely liable for any damage or injury caused to any other tenant of the Rooftop Equipment. The Rooftop Equipment shall remain Building or the property operations of such tenant as a result of Tenant, and Tenant may remove the Rooftop Equipment at its cost at any time during the Term. Tenant shall remove the Rooftop Equipment at Tenant’s cost and expense upon the expiration or termination of this Lease. The Rooftop Equipment, and any wires, cables or connections relating thereto, and the 's installation, maintenance and operation thereof shall in no way interfere with the operation of communications (including, but not limited to, other satellite dishes) or computer devices by Landlord or other tenants or occupants of the Project. If such interference shall occur, Landlord shall give Tenant written notice thereof and Tenant shall correct the same within twenty-four (24) hours of receipt of such notice. Landlord reserves the right to disconnect power to any Rooftop Equipment if Tenant fails to correct such interference within twenty-four (24) hours after such notice. Landlord makes no warranty or representation that the Building or any portions thereof are suitable for the use of a Rooftop Equipment, it being assumed that Tenant has satisfied itself thereof. Tenant shall protect, defend, indemnify and hold harmless Landlord and Landlord’s Agents from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of such antennae. All reasonable costs incurred by Landlord as a direct result of such installation, maintenance and/or removal shall be reimbursed to Landlord by Tenant upon receipt of demand therefor, along with reasonable supportive documentation evidencing such costs. Notwithstanding anything to the Rooftop Equipment. contrary set forth above, if (i) another tenant of the Building desires to install an antenna on the roof of the Building and (ii) there is inadequate space to install such antenna and (iii) Tenant is not then utilizing one or more of its then-existing antennae and (iv) Tenant’s obligations under this paragraph , upon reasonable notice from Landlord, cannot reasonably justify the need for maintaining such unused antennae on the roof, then Landlord shall survive any termination of this Leasebe entitled, at its expense, to remove the unused (and unjustified) antennae so as to accommodate the other tenant's antenna (and related equipment).

Appears in 1 contract

Samples: Office Building Lease (Four Media Co)

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Roof Access. Tenant, at its sole cost and expense, shall have the non-exclusive right (it being understood that Landlord may grant, extend or renew similar rights to others) to install, maintain, and from time to time replace a satellite dishes or other similar communication equipment dish and HVAC and ventilation associated equipment (a Rooftop EquipmentDish”) on the roof of the Building, provided that prior to commencing any installation or maintenance, Tenant shall (i) Tenant shall obtain Landlord’s prior approval (not to be unreasonably withheld) of the proposed size, weight and location of the Rooftop Equipment Dish and method for fastening the Rooftop Equipment Dish to the roof, (ii) such installation and/or replacement shall comply strictly with all Laws and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) Tenant shall use the Rooftop Equipment Dish solely for its internal use, (iv) Tenant shall not grant any right to use of the Rooftop Equipment Dish to any other party, and (v) Tenant shall obtain and maintain in effect, at Tenant’s sole cost and expense, insurance for the Rooftop Equipment Dish and any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to Landlord. Landlord may supervise or perform any roof penetration related to the installation of a Rooftop EquipmentDish, and charge the cost thereof to Tenant. All installation, construction and maintenance shall be performed in accordance with the requirements of Paragraph 12 below and otherwise in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements imposed by Landlord. Tenant shall label each cable or wire placed by Tenant in the telecommunications pathways of the Building, with identification information as required by Landlord. Tenant shall repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Rooftop EquipmentDish. The Rooftop Equipment Dish shall remain the property of Tenant, and Tenant may remove the Rooftop Equipment Dish at its cost at any time during the Term. Tenant shall remove the Rooftop Equipment Dish at Tenant’s cost and expense upon the expiration or termination of this Lease. The Rooftop EquipmentDish, and any wires, cables or connections relating thereto, and the installation, maintenance and operation thereof shall in no way interfere with the use and enjoyment of the Building, or the operation of communications (including, but not limited to, other satellite dishes) or computer devices by Landlord or other tenants or occupants of the Project. If such interference shall occur, Landlord shall give Tenant written notice thereof and and, provided Tenant has adequate access to the roof of the Building, Tenant shall correct the same within twenty-four (24) hours of receipt of such notice. Landlord reserves the right to disconnect power to any Rooftop Equipment Dish if Tenant fails to correct such interference within twenty-four (24) hours after such noticenotice (provided Tenant was given adequate access to the roof of the Building in order to correct such interference). Landlord makes no warranty or representation that the Building or any portions thereof are suitable for the use of a Rooftop EquipmentDish, it being assumed that Tenant has satisfied itself thereof. Tenant shall protect, defend, indemnify and hold harmless Landlord and Landlord’s Agents from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Rooftop EquipmentDish. Tenant’s obligations under this paragraph Paragraph 9(d) shall survive any termination of this Lease. Landlord acknowledges that, to its actual knowledge, Tenant’s existing dish and use of the roof does not violate the foregoing provision, and Tenant shall continue to have the right to continue such access to and use of the roof at no additional Rent or charge hereunder throughout the Term. Landlord agrees that any other lessees, licensees or users of the rooftop of the Building for communications services who take possession of the same after the Lease Date shall be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to Tenant’s Dish or any then existing rooftop equipment of Tenant. In the event any such after-installed equipment causes such interference, and after Tenant has notified Landlord in writing of such interference, Landlord will take all commercially reasonable steps as may be necessary to correct and eliminate the interference, including but not limited to, at Landlord’s option, causing the interfering party to power down such equipment and later power-up such equipment for intermittent testing; provided, however, if such interference with Tenant’s Dish or any then-existing rooftop equipment of Tenant persists for a period of thirty (30) days total, at Tenant’s request, Landlord shall promptly cause all interfering equipment to be powered down permanently and removed from the roof of the Building.

Appears in 1 contract

Samples: Lease Agreement (Blackhawk Network Holdings, Inc)

Roof Access. Tenant, at its sole cost and expense, shall have the non-exclusive right (it being understood that Landlord may grant, extend or renew similar rights to others) to install, maintain, and from time to time replace a satellite dishes dish, antenna or other similar communication equipment and HVAC and ventilation telecommunications equipment (“Rooftop Equipment”) on the roof of the Building, provided that (a) Tenant shall (i) prior to commencing any installation or maintenance, Tenant shall (i) obtain Landlord’s prior approval (not to be unreasonably withheld) of the proposed size, weight and location of the Rooftop Equipment and method for fastening the Rooftop Equipment to the roof, (ii), use the Rooftop Equipment solely for its internal use, (iii) not grant any right to use of the Rooftop Equipment to any other party, and (iv) obtain and maintain in effect, at Tenant’s sole cost and expense, any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to Landlord and that (b) such installation and/or replacement shall comply strictly with all Laws and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) use the Rooftop Equipment solely for its internal use, (iv) not grant any right to use of the Rooftop Equipment to any other party, and (v) obtain and maintain in effect, at Tenant’s sole cost and expense, insurance for the Rooftop Equipment and any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to Landlord. Landlord may supervise or perform any roof penetration related to the installation of a Rooftop Equipment, and Landlord may charge the cost thereof to Tenant. All Tenant agrees that all installation, construction and maintenance shall be performed in accordance with the requirements of Paragraph 12 below and otherwise in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements as shall be imposed by Landlord. Tenant shall further agrees to label each cable or wire placed by Tenant in the telecommunications pathways of the Building, with identification information as required by Landlord. Tenant shall repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant, and Tenant may remove the Rooftop Equipment at its cost at any time during the Term, after five (5) days’ written notice to Landlord. Tenant shall remove the Rooftop Equipment at Tenant’s cost and expense upon the expiration or termination of this Lease. The Tenant agrees that the Rooftop Equipment, and any wires, cables or connections relating thereto, and the installation, maintenance and operation thereof shall in no way interfere with the use and enjoyment of the Building, or the operation of communications (including, but not limited towithout limitation, other satellite dishes) or computer devices by Landlord or by other current tenants or occupants of the Project. If such interference shall occur, Landlord shall give Tenant written notice thereof and Tenant shall correct the same within twenty-four (24) hours of receipt of such notice. Landlord reserves the right to disconnect power to any Rooftop Equipment if Tenant fails to correct such interference within twenty-four (24) hours after such notice. Additionally, Landlord shall require any new occupant of the Project that is permitted rooftop communication facility rights to cooperate with Tenant in adopting commercially reasonable measures to ensure the mutual compatibility between the operation of such facilities and the operation of Tenant’s Rooftop Equipment. If, notwithstanding the commercially reasonable efforts of Tenant and such other occupant of the Project to prevent the same, such new occupant’s rooftop facilities materially interfere with Tenant’s operation of its Rooftop Equipment, then Landlord shall cause such other occupant of the Project to discontinue the use of such rooftop facilities, unless and until such facilities may be operated without material interference with Tenant’s operation of its Rooftop Equipment. Landlord makes no warranty or representation that the Building or any portions thereof are suitable for the use of a Rooftop Equipment, it being assumed that and Tenant has satisfied shall satisfy itself thereof. Tenant shall protect, defend, indemnify and hold harmless Landlord and Landlord’s Agents from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Rooftop Equipment. Tenant’s obligations under this paragraph shall survive any termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Trident Microsystems Inc)

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