Common use of Roof Access Clause in Contracts

Roof Access. Provided no event of default by Tenant has occurred under this Lease which was not cured within applicable notice and cure periods, if any, Tenant shall be entitled, at Tenant’s sole cost and expense, to have reasonable access to the roof located immediately over the Premises for purposes of installing and maintaining a satellite dish, microwave antennae and related equipment on the roof of the Building (collectively, “Rooftop Equipment”), subject to and in accordance with the following: 21.1.1 The locations, size, appearance, screening and method of attachment of such Rooftop Equipment shall be subject to the prior written approval of Landlord. Except for Rooftop Equipment so approved by Landlord, Tenant shall not install or permit any of its vendors or contractors to install any Rooftop Equipment or related equipment in, on or under the Property. 21.1.2 The installation, maintenance, repair, replacement and removal of the Rooftop Equipment must be approved by and coordinated through Landlord and shall be conducted in such a manner as to minimize interference with the operation or use of the Building by Tenant or other tenants. Any roof penetrations shall be completed only by a roofing contractor approved in writing by Landlord. 21.1.3 Tenant shall install the Rooftop Equipment in a good and workmanlike manner, shall repair all damage to the Property arising in connection with the installation, operation, maintenance, repair and replacement of the Rooftop Equipment, and shall maintain the Rooftop Equipment in a safe, sound, clean and slightly condition. Tenant shall not, in the installation, operation, maintenance, repair or replacement of the Rooftop Equipment: (i) damage the Property or any portion thereof; (ii) interfere with the maintenance or operation of the Building or any mechanical or other systems of the Building, nor the operations of any tenants of the Building; (iii) violate the provisions of any insurance on the Building or its contents; (iv) interfere with the operation of any television, radio, radio phone, microwave, antenna, satellite or other equipment or communications operations in or on the Property; or (v) interfere with the operation of any then existing television, radio, radio phone, microwave, antenna, satellite or other equipment or communications operations in or on the Property. 21.1.4 Tenant, at its expense shall, prior to the installation of the Rooftop Equipment, secure and at all times thereafter maintain all required approvals and permits, if any, of all applicable governmental authorities, utility companies and others required in connection with the installation of the Rooftop Equipment. Landlord makes no representation that applicable laws, ordinances or regulations permit the installation or operation of the Rooftop Equipment and related equipment. Tenant shall at all times comply with all laws and ordinances and all rules and regulations of municipal, state and federal governmental authorities relating to the installation, operation, maintenance, repair and replacement of the Rooftop Equipment and Tenant shall pay all costs, expenses, fines, penalties and damages which may be incurred or imposed by reason of or arising out of Tenant’s failure to fully and promptly comply with and observe all such laws, ordinances, orders, rules and regulations. 21.1.5 Tenant shall pay all costs and expenses incurred in connection with the design, installation, operation, maintenance, repair and replacement of the Rooftop Equipment. If Landlord incurs any costs resulting from Tenant’s failure to perform any of its obligations with respect to the Rooftop Equipment as set forth herein, Tenant shall pay to Landlord the full amount thereof within ten (10) days following Tenant’s receipt of an invoice therefor. 21.1.6 Tenant assumes all liability for, and shall indemnify and hold Landlord harmless from and against any and all claims, liabilities, liens, losses, costs and expenses (collectively, “Claims”) which may be sustained or incurred by Landlord as a result of or in connection with the installation, operation, maintenance, repair and replacement of the Rooftop Equipment, including without limitation, any and all Claims of mechanics and materialmen furnishing labor and materials in connection with the design, installation, operation, maintenance, repair or replacement of the Rooftop Equipment, Claims for death or injury to any persons and for loss, damage or injury to any property, Claims by other tenants and service provider personnel and attorney’s fees and other expenses incurred by Landlord or its agents in defending any such Claim. 21.1.7 At the termination of this Lease by lapse of time or otherwise, Tenant shall remove the Rooftop Equipment and restore any damage to the Property arising in connection therewith. 21.1.8 If Tenant fails to timely comply with any of its obligations under this Article, Landlord shall be entitled, at Tenant’s sole cost and expense, to take such actions as may be required to effect such compliance, and Tenant agrees to pay to Landlord on demand all costs and expenses incurred by Landlord in effecting such compliance. In an event of default by Tenant occurs under this Lease which is not cured within applicable notice and cure periods, if any, Landlord shall be entitled to revoke Tenant’s rights under this Section, in which event, Tenant shall remove such Rooftop Equipment and restore the roof of the Building to the condition existing prior to installation of the Rooftop Equipment.

Roof Access. Provided no event of default by Tenant has occurred under this Lease which was not cured within applicable notice and cure periods, if any, Tenant shall be entitled, at Tenant’s sole cost and expense, to have reasonable access to the roof located immediately over the Premises for purposes of installing and maintaining a satellite dishdishes, microwave antennae and related equipment on the roof of the Building (collectively, “Rooftop Equipment”), subject to and in accordance with the following: 21.1.1 20.1.1 The locations, size, appearance, screening and method of attachment of such Rooftop Equipment shall be subject to the prior written approval (not to be unreasonably withheld) of Landlord. Except for Rooftop Equipment so approved by Landlord, Tenant shall not install or permit any of its vendors or contractors to install any Rooftop Equipment or related equipment in, on or under the Property. 21.1.2 20.1.2 The installation, maintenance, repair, replacement and removal of the Rooftop Equipment must be approved by and coordinated through Landlord and shall be conducted in such a manner as to minimize interference with the operation or use of the Building by Tenant or other tenants. Any roof penetrations shall be completed only by a roofing contractor reasonably approved in writing by Landlord. 21.1.3 20.1.3 Tenant shall install the Rooftop Equipment in a good and workmanlike manner, shall repair all damage to the Property arising in connection with the installation, operation, maintenance, repair and replacement of the Rooftop Equipment, and shall maintain the Rooftop Equipment in a safe, sound, clean and slightly condition. Tenant shall not, in the installation, operation, maintenance, repair or replacement of the Rooftop Equipment: (i) damage the Property or any portion thereof; (ii) interfere with the maintenance or operation of the Building or any mechanical or other systems of the Building, nor the operations of any tenants of the Building; (iii) violate the provisions of any insurance on the Building or its contents; (iv) interfere with the operation of any television, radio, radio phone, microwave, antenna, satellite or other equipment or communications operations in or on the Property; or (v) interfere with the operation of any then existing television, radio, radio phone, microwave, antenna, satellite or other equipment or communications operations in or on the Property. 21.1.4 20.1.4 Tenant, at its expense shall, prior to the installation of the Rooftop Equipment, secure and at all times thereafter maintain all required approvals and permits, if any, of all applicable governmental authorities, utility companies and others required in connection with the installation of the Rooftop Equipment. Landlord makes no representation that applicable laws, ordinances or regulations permit the installation or operation of the Rooftop Equipment and related equipment. Tenant shall at all times comply with all laws and ordinances and all rules and regulations of municipal, state and federal governmental authorities relating to the installation, operation, maintenance, repair and replacement of the Rooftop Equipment and Tenant shall pay all costs, expenses, fines, penalties and damages which may be incurred or imposed by reason of or arising out of Tenant’s failure to fully and promptly comply with and observe all such laws, ordinances, orders, rules and regulations. 21.1.5 20.1.5 Tenant shall pay all costs and expenses incurred in connection with the design, installation, operation, maintenance, repair and replacement of the Rooftop Equipment. If Landlord incurs any costs resulting from Tenant’s failure to perform any of its obligations with respect to the Rooftop Equipment as set forth herein, Tenant shall pay to Landlord the full amount thereof within ten (10) days following Tenant’s receipt of an invoice therefor. 21.1.6 20.1.6 Tenant assumes all liability for, and shall indemnify and hold Landlord harmless from and against any and all claims, liabilities, liens, losses, costs and expenses (collectively, “Claims”) to which may be sustained or incurred by Landlord (and through no fault or negligence of Landlord or Landlord’s agents, employees or contractors) as a result of or in connection with the installation, operation, maintenance, repair and replacement of the Rooftop Equipment, including without limitation, any and all Claims of mechanics and materialmen furnishing labor and materials in connection with the design, installation, operation, maintenance, repair or replacement of the Rooftop Equipment, Claims for death or injury to any persons and for loss, damage or injury to any property, Claims by other tenants and service provider personnel and attorney’s fees and other expenses incurred by Landlord or its agents in defending any such Claim. 21.1.7 20.1.7 At the termination of this Lease by lapse of time or otherwise, Tenant shall remove the Rooftop Equipment and restore any damage to the Property arising in connection therewith. 21.1.8 20.1.8 If Tenant fails to timely comply with any of its obligations under this Article, Landlord shall be entitled, at Tenant’s sole cost and expense, to take such actions as may be required to effect such compliance, and Tenant agrees to pay to Landlord promptly on demand all reasonable out-of-pocket costs and expenses incurred by Landlord in effecting such compliance. In If an event of default Default by Tenant occurs under this Lease which is not cured within applicable notice and cure periods, if any, Landlord shall be entitled to revoke Tenant’s rights under this Sectionsection, in which event, Tenant shall remove such Rooftop Equipment and restore the roof of the Building to the condition existing prior to installation of the Rooftop Equipment.

Roof Access. Provided no event of default by Tenant has occurred under this Lease which was not cured within applicable notice and cure periods, if any, Tenant shall be entitled, at Tenant’s sole cost and expense, have the right to have reasonable request access to the roof located immediately over the Premises for purposes and use of installing and maintaining a satellite dish, microwave antennae and related equipment on 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 granting of any request to any installation of any such equipment, Tenant shall (collectively, “Rooftop Equipment”), subject to i) submit plans and in accordance with specifications depicting the following: 21.1.1 The locations, size, appearance, screening location and method manner of attachment installation of any such Rooftop Equipment shall equipment as to be subject to the prior written approval of Landlord. Except for Rooftop Equipment so approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and (ii) secure all necessary consents and approvals from State, Federal, Municipal and other governmental authorities to construct, operate and maintain the equipment. Tenant acknowledges and agrees that the roof of the Building is a decorative copper, pitched roof not suited to the installation of antennae, satellite dishes, transmitters and related equipment, that Tenant shall not install or permit any of its vendors or contractors the same on any of the copper portions of the roof, and that Tenant shall have no right to install any Rooftop Equipment or related equipment in, the same on or under the Property. 21.1.2 The installation, maintenance, repair, replacement and removal non-copper portions of the Rooftop Equipment must roof unless Landlord approves (which approval shall not be approved by unreasonably withheld, conditioned or delayed) the location and coordinated through manner of installation of the same as provided herein. If Landlord and permits the installation of the same, then the balance of the provisions of this Section 7.6 shall apply. All such equipment shall be conducted installed and maintained by Tenant in such a manner as to minimize interference good repair and working condition, in accordance with applicable laws, ordinances, rules and regulations and in compliance with the operation or use requirements of the Building by Tenant or other tenants. Any roof penetrations shall be completed only by a roofing contractor approved in writing by Landlord. 21.1.3 insurers of the Building, and Tenant shall install the Rooftop Equipment in a good comply with any and workmanlike manner, shall repair all damage to the Property arising in connection with reasonable regulations concerning the installation, operation, maintenance, repair and replacement operation or maintenance of the Rooftop Equipment, and shall maintain the Rooftop Equipment in a safe, sound, clean and slightly conditionany such equipment as Landlord may adopt from time to time. Tenant shall notpay all taxes of any kind or nature whatsoever levied upon any such equipment and all licensing fees, in franchise taxes and other charges, expenses and other costs of any nature whatsoever relating to the installationconstruction, operationownership, maintenance, repair or replacement maintenance and operation of such equipment. Tenant will bear the Rooftop Equipment: (i) damage cost of supplying all electrical power for the Property or normal operation of any portion thereof; (ii) such equipment. The installation and operation of any such equipment shall not interfere with the maintenance safety or operation of the Building 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 mechanical or other systems portion of the Building, nor the operations of . Tenant shall ensure that any tenants of the Building; (iii) violate the provisions of any insurance on the Building or its contents; (iv) such equipment shall not interfere with the operation of any televisionother communications, radio, radio phone, microwave, antenna, satellite electric or other equipment or communications operations in or on at the Property; or (v) interfere with the operation Building and adjacent properties. Upon receipt, Tenant shall give to Landlord copies of any then existing televisionnotices which Tenant receives from third parties that any such equipment is or may be in violation of any law, radioordinance, radio phone, microwave, antenna, satellite or other equipment or communications operations in or on the Property. 21.1.4 regulation. Tenant, at its expense shallupon termination of this Lease, prior to the installation vacation of the Rooftop EquipmentPremises, secure or the removal or alteration of any such equipment for any reason, shall be responsible for the removal of such equipment and at all times thereafter maintain all required approvals and permitsthe repair, if anypainting, of all applicable governmental authorities, utility companies and others required in connection with the installation and/or replacement of the Rooftop Equipment. Landlord makes no representation that applicable laws, ordinances or regulations permit the installation or operation of the Rooftop Equipment and related equipmentBuilding surface where such equipment is attached. Tenant shall at agrees to indemnify, defend and hold harmless Landlord from and against all times comply with all laws losses, damages, costs and ordinances and all rules and regulations of municipal, state and federal governmental authorities expenses arising from or relating to the installation, operationmaintenance and repair of any such equipment, maintenance, repair and replacement the locations of any such equipment shall be considered part of the Rooftop Equipment and Tenant shall pay all costs, expenses, fines, penalties and damages which may be incurred or imposed by reason of or arising out Premises for purposes of Tenant’s failure to fully and promptly comply with and observe all such laws, ordinances, orders, rules and regulations. 21.1.5 Tenant shall pay all costs and expenses incurred in connection with the design, installation, operation, maintenance, repair indemnity and replacement of the Rooftop Equipment. If Landlord incurs any costs resulting from Tenant’s failure to perform any of its obligations with respect to the Rooftop Equipment as set forth herein, Tenant shall pay to Landlord the full amount thereof within ten (10) days following Tenant’s receipt of an invoice therefor. 21.1.6 Tenant assumes all liability for, and shall indemnify and hold Landlord harmless from and against any and all claims, liabilities, liens, losses, costs and expenses (collectively, “Claims”) which may be sustained or incurred by Landlord as a result of or in connection with the installation, operation, maintenance, repair and replacement of the Rooftop Equipment, including without limitation, any and all Claims of mechanics and materialmen furnishing labor and materials in connection with the design, installation, operation, maintenance, repair or replacement of the Rooftop Equipment, Claims for death or injury to any persons and for loss, damage or injury to any property, Claims by other tenants and service provider personnel and attorney’s fees and other expenses incurred by Landlord or its agents in defending any such Claim. 21.1.7 At the termination of this Lease by lapse of time or otherwise, Tenant shall remove the Rooftop Equipment and restore any damage to the Property arising in connection therewith. 21.1.8 If Tenant fails to timely comply with any of its insurance obligations under this Article, Landlord shall be entitled, at Tenant’s sole cost and expense, to take such actions as may be required to effect such compliance, and Tenant agrees to pay to Landlord on demand all costs and expenses incurred by Landlord in effecting such compliance. In an event of default by Tenant occurs under this Lease which is not cured within applicable notice and cure periods, if any, Landlord shall be entitled to revoke Tenant’s rights under this Section, in which event, Tenant shall remove such Rooftop Equipment and restore the roof of the Building to the condition existing prior to installation of the Rooftop EquipmentLease.