Common use of Roof Access Clause in Contracts

Roof Access. Subject to Landlord’s prior written approval of the plans and specifications therefor (including, without limitation, the location, size, and color of the equipment and all associated cabling and wiring to be installed by Tenant throughout the Building, including any penetrations of the roof membrane of the Building), such approval not to be unreasonably withheld, conditioned or delayed, during the Term, Tenant may, at its sole cost and expense, construct and maintain one or more antennae and satellite dishes on the roof of the Building together with related cabling and equipment (collectively, the “Roof Equipment”). Notwithstanding the foregoing, the location(s) of any penetration of the roof membrane of the Building shall be determined by Landlord in its sole and absolute discretion. For the purposes herein, it shall be reasonable for Landlord to withhold its approval of the installation of any such Roof Equipment which (i) will require the relocation of any conduit, wiring or cabling located within the Major Vertical Penetrations of the Building (as hereinafter defined), (ii) will, in Landlord’s reasonable judgment, damage or impair the structural integrity of the Building (including the roof), (iii) will result in an unsafe condition affecting Landlord’s employees or contractors authorized to have access to the roof, or (iv) will interfere with any then existing equipment of Landlord located on the roof, or interfere with any then existing equipment or services of any third party. Upon receipt of Landlord’s prior written approval of the plans and specifications as set forth herein, Tenant shall erect the Roof Equipment in accordance with the approved plans and specifications, in a good and workmanlike manner, in accordance with all applicable Laws now in force or hereafter enacted and all other requirements of Landlord, and after Tenant has received all requisite approvals therefor (the “Applicable Requirements”). Tenant shall at all times operate and maintain the Roof Equipment in a good, clean and safe condition, in accordance with the Applicable Requirements. Tenant shall provide Landlord with reasonable advance written notice prior to entering upon the roof of the Building so that Landlord may, if it so desires, have a representative accompany Tenant onto the roof. Upon the expiration or sooner termination of

Appears in 2 contracts

Samples: Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.)

AutoNDA by SimpleDocs

Roof Access. Subject Tenant shall have the right to request access to and use of the roof of the Building for the purposes of installing, maintaining, repairing, and operating antennae, satellite dishes, transmitters and related equipment, cabling and wiring; provided, however, that as a condition of Landlord’s prior written approval granting of the any request to any installation of any such equipment, Tenant shall (i) submit plans and specifications therefor (including, without limitation, depicting the location, size, location and color manner of the installation of any such equipment and all associated cabling and wiring as to be installed approved by Tenant throughout the BuildingLandlord, including any penetrations of the roof membrane of the Building), such which approval shall not to be unreasonably withheld, conditioned or delayed, during the Termand (ii) secure all necessary consents and approvals from State, Tenant mayFederal, at its sole cost Municipal and expenseother governmental authorities to construct, construct operate and maintain one or more antennae the equipment. Tenant acknowledges and satellite dishes on agrees that the roof of the Building together with is a decorative copper, pitched roof not suited to the installation of antennae, satellite dishes, transmitters and related cabling equipment, that Tenant shall not install any of the same on any of the copper portions of the roof, and equipment (collectively, that Tenant shall have no right to install the “Roof Equipment”). Notwithstanding same on the foregoing, the location(s) of any penetration non-copper portions of the roof membrane unless Landlord approves (which approval shall not be unreasonably withheld, conditioned or delayed) the location and manner of installation of the Building shall be determined by same as provided herein. If Landlord in its sole and absolute discretion. For the purposes herein, it shall be reasonable for Landlord to withhold its approval of permits the installation of any such Roof Equipment which (i) will require the relocation of any conduitsame, wiring or cabling located within then the Major Vertical Penetrations balance of the Building (as hereinafter defined), (ii) will, provisions of this Section 7.6 shall apply. All such equipment shall be installed and maintained by Tenant in Landlord’s reasonable judgment, damage or impair the structural integrity of the Building (including the roof), (iii) will result in an unsafe condition affecting Landlord’s employees or contractors authorized to have access to the roof, or (iv) will interfere with any then existing equipment of Landlord located on the roof, or interfere with any then existing equipment or services of any third party. Upon receipt of Landlord’s prior written approval of the plans good repair and specifications as set forth herein, Tenant shall erect the Roof Equipment in accordance with the approved plans and specifications, in a good and workmanlike manner, in accordance with all applicable Laws now in force or hereafter enacted and all other requirements of Landlord, and after Tenant has received all requisite approvals therefor (the “Applicable Requirements”). Tenant shall at all times operate and maintain the Roof Equipment in a good, clean and safe working condition, in accordance with applicable laws, ordinances, rules and regulations and in compliance with the Applicable Requirementsrequirements of the insurers of the Building, and Tenant shall comply with any and all reasonable regulations concerning the installation, operation or maintenance of any such equipment as Landlord may adopt from time to time. Tenant shall provide Landlord pay all taxes of any kind or nature whatsoever levied upon any such equipment and all licensing fees, franchise taxes and other charges, expenses and other costs of any nature whatsoever relating to the construction, ownership, maintenance and operation of such equipment. Tenant will bear the cost of supplying all electrical power for the normal operation of any such equipment. The installation and operation of any such equipment shall not interfere with reasonable advance written notice prior to entering upon the safety or operation of the Building, shall not cause any labor dispute, and shall not violate in any respect any provision or requirement of any bond or guaranty covering the roof or any other portion of the Building. Tenant shall ensure that any such equipment shall not interfere with the operation of any other communications, electric or other equipment at the Building and adjacent properties. Upon receipt, Tenant shall give to Landlord copies of any notices which Tenant receives from third parties that any such equipment is or may be in violation of any law, ordinance, or regulation. Tenant, upon termination of this Lease, vacation of the Premises, or the removal or alteration of any such equipment for any reason, shall be responsible for the removal of such equipment and the repair, painting, and/or replacement of the Building so that surface where such equipment is attached. Tenant agrees to indemnify, defend and hold harmless Landlord mayfrom and against all losses, if it so desiresdamages, have a representative accompany Tenant onto costs and expenses arising from or relating to the roof. Upon installation, maintenance and repair of any such equipment, and the expiration or sooner termination oflocations of any such equipment shall be considered part of the Premises for purposes of Tenant’s maintenance, indemnity and insurance obligations under this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Digital River Inc /De)

Roof Access. 29.1 Subject to the satisfaction, in Landlord’s 's reasonable judgment, of all of the conditions set forth in this Article, Tenant, at Tenant's sole cost and expense, may install and once installed shall maintain up to three (3) satellite dishes or similar antennae devices not exceeding 2 feet in diameter (each, a "Satellite Dish" or, collectively, the "Satellite Dishes") on the roof of the Building for use in connection with Tenant's business in the Premises. Notwithstanding anything in this Article to the contrary, Tenant shall not be permitted to install the Satellite Dishes unless (i) each Satellite Dish conforms to the specifications and requirements set forth in the drawings and specifications prepared by a licensed professional (the "Satellite Dish Drawings"), which Satellite Dish Drawings shall be subject to the prior written approval of the plans and specifications therefor (includingLandlord, without limitation, the location, size, and color of the equipment and all associated cabling and wiring to be installed by Tenant throughout the Building, including any penetrations of the roof membrane of the Building), such which approval shall not to be unreasonably withheldwithheld or delayed, (ii) Landlord approves, which approval shall not be unreasonably withheld conditioned or delayed, during the Termcapacity, power, location and proposed placement and method of installation of each Satellite Dish, and (iii) Tenant mayobtains, at its sole cost and expense, construct and maintain one or more antennae provides copies to Landlord of all necessary governmental permits and satellite dishes approvals, including, without limitation, those of the Las Colinas Association and special exception permits, if applicable, for the installation of the Satellite Dish equipment upon the Building. Tenant, at Landlord's direction, shall cause the Satellite Dishes to be painted in a nonmetallic paint. In addition, if the installation of any Satellite Dish on the roof of the Building together with related cabling and equipment (collectively, would penetrate the “Roof Equipment”). Notwithstanding the foregoing, the location(s) of any penetration roof of the Building, then Tenant shall not be permitted to install such Satellite Dish unless Tenant warrants and guaranties the roof membrane of to the Building shall extent that Landlord will lose its existing roof warranty or guaranty and unless Landlord approves, in writing, any such effect on the Building's structure or service systems or any such structural alteration, which approval may be determined granted or withheld by Landlord in its sole and absolute discretion. For the purposes herein, it The Satellite Dishes shall be reasonable for installed by a contractor reasonably acceptable to both Landlord to withhold its approval and Tenant and thereafter shall be properly maintained by Tenant, all at Tenant's sole expense. At the expiration or earlier termination of the installation of any such Roof Equipment which (i) will require Term, the relocation of any conduit, wiring or cabling located within the Major Vertical Penetrations of the Building (as hereinafter defined), (ii) will, in Landlord’s reasonable judgment, damage or impair the structural integrity of the Building (including the roof), (iii) will result in an unsafe condition affecting Landlord’s employees or contractors authorized to have access to the roof, or (iv) will interfere with any then existing equipment of Landlord located on the roof, or interfere with any then existing equipment or services of any third party. Upon receipt of Landlord’s prior written approval of the plans and specifications as set forth herein, Tenant Satellite Dishes shall erect the Roof Equipment in accordance with the approved plans and specifications, in a good and workmanlike manner, in accordance with all applicable Laws now in force or hereafter enacted and all other requirements of Landlord, and after Tenant has received all requisite approvals therefor (the “Applicable Requirements”). Tenant shall at all times operate and maintain the Roof Equipment in a good, clean and safe condition, in accordance with the Applicable Requirements. Tenant shall provide Landlord with reasonable advance written notice prior to entering upon be removed from the roof of the Building so at Tenant's sole cost and expense and that portion of the roof of the Building that has been affected by the Satellite Dishes shall be returned to the condition it was in prior to the installation of the Satellite Dishes. Tenant shall pay all subscription fees, usage charges and hookup and disconnection fees associated with Tenant's use of the Satellite Dishes and Landlord mayshall have no liability therefor. All of the applicable provisions of this Lease, if it so desiresincluding, have a representative accompany Tenant onto without limitation, the roof. Upon insurance, maintenance, repair, release and indemnification provisions shall apply to Tenant's installation, operation, maintenance and removal of the expiration or sooner termination ofSatellite Dishes.

Appears in 1 contract

Samples: Office Lease Agreement (Alliance Data Systems Corp)

Roof Access. Subject to Landlord’s prior written approval of the plans and specifications therefor (including, without limitation, the location, size, and color of the equipment and all associated cabling and wiring to be installed by Tenant throughout the Building, including any penetrations of the roof membrane of the Building), such approval not to be unreasonably withheld, conditioned or delayed, during the Term, Tenant mayTenant, at its sole cost and expense, construct shall have the non-exclusive right (it being understood that Landlord may grant, extend or renew similar rights to others) to install, maintain, and maintain one from time to time replace an antenna or more antennae and satellite dishes dish (a “Dish”) on the roof of the Building together with related cabling and equipment Building, provided that prior to commencing any installation or maintenance, Tenant shall (collectively, the “Roof Equipment”). Notwithstanding the foregoing, the location(si) of any penetration of the roof membrane of the Building shall be determined by Landlord in its sole and absolute discretion. For the purposes herein, it shall be reasonable for Landlord to withhold its obtain Landlord’s prior approval of the installation of any such Roof Equipment which (i) will require the relocation of any conduitproposed size, wiring or cabling located within the Major Vertical Penetrations weight and location of the Building (as hereinafter defined)Dish and method for fastening the Dish to the roof, (ii) will, in Landlord’s reasonable judgment, damage such installation and/or replacement shall comply strictly with all Laws and the conditions of any bond or impair the structural integrity of the Building (including warranty maintained by Landlord on the roof), (iii) will result in an unsafe condition affecting Landlord’s employees or contractors authorized to have access to use the roofDish solely for its internal use, or (iv) will interfere with not grant any then existing equipment of Landlord located on the roof, or interfere with any then existing equipment or services of any third party. Upon receipt of Landlord’s prior written approval right to use of the plans Dish to any other party, and specifications as set forth herein(v) obtain, at Tenant’s sole cost and expense, 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 Dish, and Landlord may charge the cost thereof to Tenant. Tenant agrees that all installation, construction and maintenance shall erect the Roof Equipment in accordance with the approved plans and specifications, be performed in a good neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements as shall be imposed by Landlord. Tenant further agrees to label each cable or wire placed by Tenant in accordance the telecommunications pathways of the Building, with all applicable Laws now in force or hereafter enacted and all other requirements of identification information as required by Landlord, and after Tenant has received all requisite approvals therefor (the “Applicable Requirements”). Tenant shall repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Dish. The Dish shall remain the property of Tenant, and Tenant may remove the Dish at all times operate and maintain its cost at any time during the Roof Equipment in a good, clean and safe condition, in accordance with the Applicable RequirementsTerm. Tenant shall provide Landlord with reasonable advance written notice prior to entering remove the Dish at Tenant’s cost and expense upon the roof of the Building so that Landlord may, if it so desires, have a representative accompany Tenant onto the roof. Upon the expiration or sooner termination ofof this Lease. Tenant 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, without 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 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 Dish, 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 Dish.

Appears in 1 contract

Samples: Office Lease Agreement (Callidus Software Inc)

AutoNDA by SimpleDocs

Roof Access. Subject to Landlord’s prior written approval of the plans and specifications therefor (including, without limitation, the location, size, and color of the equipment and all associated cabling and wiring to be installed by Tenant throughout the Building, including any penetrations of the roof membrane of the Building), such approval not to be unreasonably withheld, conditioned or delayed, during the Term, Tenant may, at its sole cost and expense, construct and maintain one or more antennae and satellite dishes on the roof of the Building together with related cabling and equipment (collectively, the “Roof Equipment”). Notwithstanding the foregoing, the location(s) of any penetration of the roof membrane of the Building shall be determined by Landlord in its sole and absolute discretion. For the purposes herein, it shall be reasonable for Landlord to withhold its approval of the installation of any such Roof Equipment which (i) will require the relocation of any conduit, wiring or cabling located within the Major Vertical Penetrations of the Building (as hereinafter defined), (ii) will, in Landlord’s reasonable judgment, damage or impair the structural integrity of the Building (including the roof), (iii) will result in an unsafe condition affecting Landlord’s employees or contractors authorized to have access to the roof, or (iv) will interfere with any then existing equipment of Landlord located on the roof, or interfere with any then existing equipment or services of any third party. Upon receipt of Landlord’s prior written approval of the plans and specifications as set forth herein, Tenant shall erect the Roof Equipment in accordance with the approved plans and specifications, in a good and workmanlike manner, in accordance with all applicable Laws now in force or hereafter enacted and all other requirements of Landlord, and after Tenant has received all requisite approvals therefor (the “Applicable Requirements”). Tenant shall at all times operate and maintain the Roof Equipment in a good, clean and safe condition, in accordance with the Applicable Requirements. Tenant shall provide Landlord with reasonable advance written notice prior to entering upon the roof of the Building so that Landlord may, if it so desires, have a representative accompany Tenant onto the roof. Upon the expiration or sooner termination ofof this Lease or Tenant’s right to possession of the Premises, Tenant shall, at Tenant’s sole cost and expense, promptly remove the Roof Equipment, including, without limitation, all associated wiring and cabling throughout the Building, and repair any damage to the Building resulting therefrom. If Tenant fails to remove the Roof Equipment on or before the expiration or sooner termination of this Lease or Tenant’ right to possession of the Premises, Landlord may, at Tenant’s expense, remove the Roof Equipment and perform the related restoration and repair work, and use, dispose of or take such other actions with respect to the Roof Equipment as Landlord may deem appropriate, all without compensation or payment to Tenant. Tenant shall indemnify, defend, protect and hold harmless Landlord and the Landlord Parties from all claims arising from or in any way directly or indirectly relating to the construction, installation, maintenance, use, operation or removal of the Roof Equipment. The rights granted to Tenant pursuant to this Section 31 are personal to Dolby California, and may not be assigned, except to any Tenant Affiliate or Dolby Entity. As used herein, “

Appears in 1 contract

Samples: Lease Agreement (Dolby Laboratories, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.