Common use of Roof Deck Clause in Contracts

Roof Deck. Subject to Lessor’s approval, which approval shall not be unreasonably withheld, conditioned or delayed, and so long as such work or use does not materially increase the rate of any insurance maintained by Lessor on the Building, Lessee shall have right to install on the roof of the Building a deck for Lessee’s exclusive use (the “Deck”) in accordance with the provisions of this section. The Deck shall be installed and maintained at Lessee’s sole cost and expense. Lessee shall submit drawings, specifications, and installation data for the Deck to Lessor for its approval prior to installation. Installation of the Deck shall be accomplished under the direct supervision of Lessor. Use of the Deck shall be for Lessee’s exclusive use in accordance with reasonable rules and regulations prescribed by Lessor. Lessee shall make no penetration of the Building’s roof during installation or removal of the Deck without the prior written consent of Lessor, Lessee shall be responsible for the cost of repairing all damages to the Building and the Lessor’s property caused by the installation, operation, repair or removal of the Deck, except to the extent caused by Lessor, its agents or employees. Furthermore, in the event Lessor determines that the Building roof must be repaired or resealed as a direct or indirect result of the installation, maintenance, repair or removal of the Deck, except to the extent cause by Lessor, its agents or employees, all such repairing and/or resealing shall be performed by Lessor’s designated contractor at Lessee’s sole cost and expense. Except as otherwise specifically agreed to in writing by Lessor and Lessee, upon termination of this lease, Lessee, at its sole cost and expense, shall at the request of Lessor remove the Deck from the Building’s roof, subject to the provisions of this section. Removal of the Deck shall be done in a manner reasonably satisfactory to Lessor. Lessee, at its sole cost and expense, shall obtain and maintain all necessary governmental approvals, licenses and permits required to use the Deck, which use shall not interfere with the quiet enjoyment of any other tenants of the Building. Lessee agrees that Lessor shall have the right to install and to grant others the right to install transmitting equipment, satellite dishes, antennae, and similar equipment on the Building’s roof, so long as neither the installation nor operation of such equipment materially interferes with the use of the Deck.

Appears in 1 contract

Samples: Sublease (Cascadian Therapeutics, Inc.)

AutoNDA by SimpleDocs

Roof Deck. Subject (a) As part of the lease of the Premises, Tenant shall have the exclusive right to Lessoruse the back half of the outdoor roof deck/terrace space adjacent to and accessed from those portions of the Premises then occupied by Tenant located on the seventh (7th) floors of the Premises and shown on Exhibit 2 (the “Roof Deck”), subject to the terms and conditions of this Section 2.4 and other applicable terms and conditions of this Lease. The remaining portions of the roof shall be part of the Common Areas of the Building. The Roof Deck shall be partitioned from the Common Areas as part of Landlord’s approvalWork. Tenant’s use of the Roof Deck shall in no event be used for a smoking area or other noxious or prohibited uses. As part of Landlord’s Work, the Roof Deck shall be delivered to Tenant as reflected on the Landlord/Tenant Matrix and the Base Building Plans (as those terms are defined below). All other alterations and installations to the Roof Deck including planters, irrigation systems, lighting, permanent tables seating and/or other furniture, fixtures, plantings, finishes, and personal property to be installed and used in connection with Tenant’s use of the Roof Deck shall be installed, maintained and operated at Tenant’s sole cost (other than to the extent that the Improvement Allowance may be applied thereto) and shall be subject to the approval of Landlord, which approval standard shall not be unreasonably withheldthe standard applicable to Alterations as set forth in Article 12. Any installations on and/or maintenance of the Roof Deck by or on behalf of Tenant relating to structural work, conditioned roof coverings or delayeddecking (e.g., membranes), roof penetrations shall be performed solely by contractors approved by Landlord, in its reasonable discretion, and so long Landlord may require Tenant to use a roofing contractor selected by Landlord to perform any work that could damage, penetrate or alter the roof coverings or systems and an electrician selected by Landlord to install any associated piping, conduit, wiring, cabling, equipment on the roof, provided that the fees charged by such contractors in connection therewith shall be consistent with those charged directly to Landlord. (b) Without limiting other applicable provisions thereto: (i) Tenant also shall be responsible, at the Tenant’s cost and expense, for furnishing, maintaining and replacing any and all tables, furniture, fixtures, plantings and personal property used in connection with the Tenant’s use of the Roof Deck and for stacking, removing, or otherwise securing the same during periods of extraordinary weather and during such times as such work not in seasonal use, and Landlord shall have no responsibility or liability therefor, or for any damage, vandalism, theft, or the like with respect thereof; (ii) Tenant’s use does not materially increase of the rate Roof Deck shall be conducted in compliance with all applicable Legal Requirements (as defined below) relating thereto; (iii) Tenant and its employees shall abide by, the Rules and Regulations (as defined in Section 17.1, below), provided that in the case of any conflict between the express provisions of this Lease and any such Rules and Regulations, the express provisions of this Lease shall control; and (iv) notwithstanding the exterior location of the Roof Deck, all provisions of this Lease applicable to the Premises shall be applicable to the Roof Deck (including the payment of Rent as set forth in this Lease) and the Roof Deck shall for all purposes hereunder be included and considered to be within the Premises, including Tenant’s insurance maintained and indemnity obligations. No smoking or open flame (except as expressly set forth herein) shall be permitted on Roof Deck, nor shall the walls, floors or railing systems thereof be painted or modified by Lessor the Tenant without the prior written approval of Landlord (subject to the approval standard for Alterations set forth in Article 12 below); provided Tenant may install and operate on the Roof Deck commercially-installed commercial outdoor fire pit(s) and commercial outdoor space heaters in strict compliance with all applicable Legal Requirements and connection with such Landlord-approved plans therefor, including fuel source(s) and storage. Landlord shall have the right to access the Roof Deck from time to time for purposes allowed under this Lease including the obligation to perform repair and maintenances to the Building, Lessee to erect equipment thereon for its use, in a manner so as to not materially reduce the floor area thereof, and Landlord shall have right repair any damage to install on the Roof Deck and/or to Tenant’s furniture, fixtures and equipment located thereon (subject to Articles 15 and 19) caused by such maintenance and repair at no cost or expense to Tenant except to the extent such costs are properly includable in Operating Costs as and to the extent provided in Article 9 below. Tenant acknowledges that Landlord may decide, in its reasonable discretion, from time to time, to repair or replace the roof (hereinafter “Roof Repairs”). Landlord shall give Tenant reasonable advance written notice of any Roof Repairs and shall use commercially reasonable efforts to refrain from scheduling any such Roof Repairs which are expected to take more three (3) business days during the Building summer months (other than in connection with emergency, acute or other critically needed repairs). Tenant is encouraged to design, install and maintain the Roof Deck furniture, fixtures and equipment in a deck manner that allows for Lesseethe efficient removal thereof and Landlord shall reasonably cooperate with Tenant to accomplish this during the review and approval of Tenant’s exclusive use (plans therefor. To the “Deck”) in accordance with the provisions of this section. The Deck shall extent such furniture, fixtures and equipment must be installed removed to conduct Roof Repairs, Tenant shall, upon Landlord's request and maintained reasonable notice and at LesseeTenant’s sole cost and expense. Lessee shall submit drawings, specificationstemporarily relocate same so that the Roof Repairs may be completed; provided, and installation data for the Deck to Lessor for its approval prior to installation. Installation of the Deck shall be accomplished under the direct supervision of Lessor. Use of the Deck shall be for Lessee’s exclusive use in accordance with reasonable rules and regulations prescribed by Lessor. Lessee shall make no penetration of the Building’s roof during installation or removal of the Deck without the prior written consent of Lessor, Lessee shall be responsible for the cost of repairing all damages to the Building and the Lessor’s property caused by the installation, operation, repair or removal of the Deckhowever, except to the extent caused by Lessor, its agents or employees. Furthermore, in the event Lessor determines that of an emergency, if Landlord elects to make any Roof Repairs between (and including) May 1st and September 30th of any calendar year, at Landlord’s option either (i) Landlord shall relocate, store and place back on the Building roof must Roof Deck any of Tenant’s furniture, fixtures and equipment so required to be repaired or resealed as a direct or indirect result of the installationremoved, maintenance, repair or removal of the Deck, except to the extent cause by Lessor, its agents or employees, all such repairing and/or resealing shall be performed by Lessor’s designated contractor at LesseeLandlord’s sole cost and expense, or (ii) Tenant shall relocate, arrange for storage and place back on the Roof Deck any of Tenant’s furniture, fixtures and equipment so required to be removed and Landlord shall reimburse Tenant its reasonable out-of-pocket costs thereof within thirty (30) days after Landlord’s receipt of a reasonably detailed invoice therefor. Except as otherwise specifically agreed Such Roof Repairs may require the temporary suspension of the Roof Deck access during the period of Roof Repairs. Landlord shall use commercially reasonable efforts in connection with such temporary suspension in order to in writing by Lessor and Lesseeminimize or mitigate the effect thereof, to the extent reasonably practical, including proceeding to complete such Roof Repairs diligently once they are commenced. Landlord, upon termination reasonable notice (except in the case of emergency, Building maintenance and repair and the like) shall have the right to require that any and all tables, furniture, fixtures, plantings and personal property used in connection with the Tenant’s use of the Roof Deck be screened and sound attenuated as may be required by applicable Legal Requirements. Landlord, upon reasonable notice (except in the case of emergency, Building maintenance and repair and the like) shall have the right to require that any and all tables, furniture, fixtures, plantings and personal property used in connection with the Tenant’s use of the Roof Deck be placed or installed in such a way so as to allow maintenance and repairs to the exterior of the Building from time to time, all in Landlord’s reasonable discretion as set forth above. (c) Notwithstanding anything to the contrary contained in this Lease, in the event that Tenant’s use of the Roof Deck fails to comply with the Rules and Regulations or otherwise so fail to comply with the foregoing and all applicable provisions of this leaseLease, Lesseeand such failure continues for ten (10) business or more days after (or such shorter period in the event of violation of any applicable Legal Requirement or an emergency situation) written notice thereof is given by Landlord to Tenant, at its sole cost then, in any such event, and expensewithout limiting Landlord’s other rights and remedies on account of the continuation thereof and the resulting default by Tenant thereunder, Landlord shall at have the request right to take such steps as Landlord reasonably determines to be necessary to remedy such failure, including, without limitation, the right, exercisable by giving notice thereof to Tenant, immediately to suspend all of Lessor remove Tenant’s rights hereunder to use the Roof Deck, until the facts and circumstances giving rise to such failure are resolved to the reasonable satisfaction of Landlord and Landlord and Tenant shall work in good faith to resolve same. Any such temporary suspension of Tenant’s rights to use the Roof Deck from in accordance with the Buildingforegoing shall not affect this Lease insofar as it relates to the remainder of the Premises; and, without limitation, any such suspension of Tenant’s roof, subject rights to use the Roof Deck shall not reduce or otherwise affect the Rent or any other charges and obligations of Tenant pursuant to the provisions of this section. Removal Lease provided that the suspension of the Deck shall be done in a manner reasonably satisfactory to Lessor. Lessee, at its sole cost and expense, shall obtain and maintain all necessary governmental approvals, licenses and permits required to use the Deck, which use shall not interfere with the quiet enjoyment of any other tenants of the Building. Lessee agrees that Lessor shall have the right to install and to grant others the right to install transmitting equipment, satellite dishes, antennae, and similar equipment on the BuildingTenant’s roof, so long as neither the installation nor operation of such equipment materially interferes with the use of the DeckRoof Deck is immediately restored upon Tenant’s cure of any such failure.

Appears in 1 contract

Samples: Lease (Gritstone Bio, Inc.)

Roof Deck. Subject to Lessor’s approval, which approval shall not be unreasonably withheld, conditioned or delayed, and so (a) So long as such work or use does Tenant is leasing not materially increase the rate fewer than 100,000 rentable square feet of any insurance maintained by Lessor on space within the Building, Lessee Tenant shall have the right to install design, construct, and furnish a private rooftop deck on top of the Building (“Tenant’s Rooftop Deck”) for the exclusive use and benefit of Tenant, its Permitted Users and their respective employees, guests and invitees, in accordance with the terms and conditions of this Section 49. Tenant’s Rooftop Deck shall be located on the roof of the Building a deck for Lesseeas indicated on Exhibit G, attached hereto. (b) Within ninety (90) days after Tenant’s exclusive use (written notice that it is exercising its right to construct Tenant’s Rooftop Deck, the “Deck”) in accordance with parties shall commence the provisions of this sectiondesign process. The design professionals selected to prepare the plans and specifications for Tenant’s Rooftop Deck shall be installed subject to Landlord’s reasonable approval. The parties shall engage in a review, comment and maintained at Lessee’s sole cost and expense. Lessee shall submit drawings, specifications, and installation data approval process for the design of Tenant’s Rooftop Deck using the same review and approval process set out in the Work Letter for the initial review and approval of Tenant’s Plans for the Tenant Work. Tenant shall be responsible to Lessor obtain all permits and approvals from the applicable governmental authorities necessary to commence construction of Tenant’s Rooftop Deck. (c) Landlord shall manage, approve and control the construction of any Base Building Structure changes, and/or MEP changes relating to or necessary in connection with the construction of Tenant’s Rooftop Deck, including providing a code-complaint egress path and all work involving Building elevators, stairwells and hardscape (collectively, the “Rooftop Deck Structural Changes”). Tenant shall manage and control all construction of Tenant’s Rooftop Deck other than the Rooftop Deck Structural Changes using the same process set out in the Work Letter for its approval prior to installation. Installation performance of the Tenant’s Work. The contractors selected to perform any Rooftop Deck Structural Changes shall be accomplished under subject to Landlord’s reasonable approval, including Landlord’s right to require that Tenant use Landlord’s roofing contractor to ensure compliance with roof warranty requirements. Landlord’s determination in its reasonable discretion whether any scope comprises a Rooftop Deck Structural Change shall control. (d) It is the direct supervision of Lessor. Use intent of the Deck parties that the total cost for the design and construction of Tenant’s Rooftop Deck, including hard and soft costs, shall be for Lessee’s exclusive use in accordance with reasonable rules and regulations prescribed paid by Lessor. Lessee shall make no penetration Tenant, but subject to the application of the Building’s roof during installation or removal Tenant Improvement Allowance. (e) After completion of the Deck without the prior written consent of Lessorconstruction, Lessee Tenant shall be responsible for all costs in connection with the cost maintenance and operation of repairing Tenant’s Rooftop Deck, including, without limitation, ongoing compliance with all damages to applicable Legal Requirements and obtaining the Building and the Lessorinsurance required by this Lease in connection with such area. Once constructed, Tenant’s property caused by the installationRooftop Deck shall, operationfor all purposes under this Lease, repair or removal be considered part of the DeckPremises, except that Tenant shall not pay any increased Base Rent in connection therewith, and Tenant shall have no obligation to remove or restore the extent caused by Lessor, its agents or employees. Furthermore, in Rooftop Deck upon the event Lessor determines Expiration Date provided that the Building roof must be repaired or resealed as a direct or indirect result of the installation, maintenance, repair or removal of the Deck, except to the extent cause by Lessor, its agents or employees, all such repairing and/or resealing shall be performed by Lessor’s designated contractor at Lessee’s sole cost same is surrendered in good condition and expense. Except as otherwise specifically agreed to in writing by Lessor and Lessee, upon termination of this lease, Lessee, at its sole cost and expense, shall at the request of Lessor remove the Deck from the Building’s roof, subject to the provisions of this section. Removal of the Deck shall be done in a manner reasonably satisfactory to Lessor. Lessee, at its sole cost and expense, shall obtain and maintain all necessary governmental approvals, licenses and permits required to use the Deck, which use shall not interfere with the quiet enjoyment of any other tenants of the Building. Lessee agrees that Lessor shall have the right to install and to grant others the right to install transmitting equipment, satellite dishes, antennae, and similar equipment on the Building’s roof, so long as neither the installation nor operation of such equipment materially interferes with the use of the Deckrepair.

Appears in 1 contract

Samples: Deed of Lease (ICF International, Inc.)

Roof Deck. Subject (A) If the Office Tower Owner constructs the Office Tower, then Landlord or Office Tower Owner shall construct, at no cost to Lessor’s approvalTenant, which approval a roof deck on the Podium Building for the non-exclusive use of Tenant and other tenants of the Office Tower and the Podium Building. Tenant shall not be unreasonably withheld, conditioned or delayed, and so long as such work or obligated to pay rent for use does not materially increase the rate of any insurance maintained such roof deck, but Tenant’s use of the roof deck shall be subject to such reasonable terms and conditions as may be specified by Lessor Landlord. If requested by Landlord, Tenant shall enter into an amendment to this Lease or any other written agreement specified by Landlord setting forth such reasonable terms and conditions. (B) If construction of the Office Tower has not commenced by the third (3rd) anniversary of the Commencement Date, then Tenant shall have the option (the “Rooftop Option”) to construct, at Tenant’s sole cost and expense, a roof deck on the Podium Building, Lessee shall have right not to install on exceed 2,000 square feet in size (provided that the roof Roof Deck may be expanded up to a total of 5,000 square feet if, in Landlord’s reasonable discretion, the Building a deck Roof Deck will not affect the Podium Building’s structural elements or base building systems), for LesseeTenant’s exclusive use (the “Roof Deck”); provided, however, that any such construction of the Roof Deck must be performed by the same contractors and subcontractors used by Landlord to construct the Podium Building roof (“Landlord’s Contractor”) and Tenant shall not perform or cause to be performed any work that reasonably could void any warranty applicable to the roof of the Podium Building. Tenant may not exercise the Rooftop Option if Tenant is in accordance default under this Lease beyond any applicable notice and cure period. If Tenant timely delivers notice to Landlord exercising the Rooftop Option, then Landlord shall promptly deliver to Tenant a draft amendment to this Lease (the “Roof Deck Amendment”) setting forth commercially reasonable terms and conditions relating to (i) the design and construction of all alterations, additions and improvements to be constructed as part of or in connection with the provisions Roof Deck, all of which shall be subject to the terms of Article IX of this sectionLease, (ii) Tenant’s payment of all costs and expenses relating to the design and construction of the Roof Deck and all alterations and improvements that are required in connection with the Roof Deck (including, without limitation, alterations to provide structural support and access to the Roof Deck), (iii) Tenant’s means of access to the Roof Deck and Tenant’s use and operation of the Roof Deck, and (iv) such other reasonable matters as may be specified by Landlord. The Without limitation, the Roof Deck Amendment shall provide that (a) the Roof Deck shall be installed and maintained at Lessee’s sole cost and expense. Lessee considered a part of the Premises for all purposes under this Lease (although Tenant shall submit drawings, specifications, and installation data not be obligated to pay any rent for the Deck to Lessor for its approval prior to installation. Installation Roof Deck), (b) the design, construction, use and operation of the Roof Deck shall be accomplished under the direct supervision of Lessor. Use of the Deck shall be for Lessee’s exclusive use in accordance with reasonable rules and regulations prescribed by Lessor. Lessee shall make at no penetration of the Building’s roof during installation cost or removal of the Deck without the prior written consent of Lessorliability to Landlord, Lessee (c) Tenant shall be responsible for the cost all costs of repairing all damages to the Building and the Lessor’s property caused by the installation, operation, repair or removal of the Deck, except to the extent caused by Lessor, its agents or employees. Furthermore, in the event Lessor determines that the Building roof must be repaired or resealed as a direct or indirect result of the installation, maintenance, repair or removal and cleaning of the Roof Deck, except to the extent cause by Lessor, its agents or employees, all such repairing and/or resealing shall be performed by Lessor’s designated contractor at Lessee’s sole cost and expense. Except as otherwise specifically agreed to in writing by Lessor and Lessee, upon termination of this lease, Lessee(d) Tenant shall, at its sole cost and expense, shall at the request of Lessor remove the Roof Deck and all related alterations and improvements, and restore all affected areas of the Podium Building to their condition prior to the installation of the Roof Deck and such related alterations and improvements, within a commercially reasonable time after receipt of written notice from Landlord (it being agreed and acknowledged by Landlord and Tenant, that any such removal of the Roof Deck must be performed by Landlord’s Contractor and Tenant shall not perform or cause to be performed any work that reasonably could void any warranty applicable to the roof of the Podium Building), which notice Landlord may provide only if Landlord has determined in good faith that it will be constructing the Office Tower (or any other alterations, additions or improvements on or above the Office Building) and if Tenant fails to timely remove the Roof Deck and such related alterations and improvements following notice from Landlord, then Landlord shall be entitled to its self-help rights set forth in Section 16.17 of this Lease, and (e) Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord and hold harmless Landlord and each other tenant of the Podium Building from and against any damages, liabilities, costs, and expenses (including court costs and reasonable attorneys’ fees and expenses) arising out of or relating to the design, construction, installation, use or operation of the Roof Deck. Following Landlord’s roofdelivery of the draft Roof Deck Amendment to Tenant, Landlord and Tenant shall reasonably cooperate in good faith to finalize the terms of the Roof Deck Amendment, the form and substance of which shall be subject to the provisions reasonable approval of this sectionLandlord and Tenant. Removal Tenant shall have no right to commence construction of the Roof Deck unless and until the Roof Deck Amendment has been executed and delivered by each of Landlord and Tenant. (C) Tenant’s rights and Landlord’s obligations under this Section 16.36 shall be done subject to compliance with all applicable Legal Requirements. EXECUTED in two or more counterparts by persons or officers hereunto duly authorized on the Date set forth in Section 1.1 above. LANDLORD: PODIUM DEVELOPER LLC, a manner reasonably satisfactory to Lessor. LesseeDelaware limited liability company Members: BP PODIUM JV MEMBER LLC, at a Delaware limited liability company By: BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership, its sole cost member and expensemanager WITNESS: By: BOSTON PROPERTIES, shall obtain and maintain all necessary governmental approvalsINC., licenses and permits required to use the Decka Delaware corporation, which use shall not interfere with the quiet enjoyment of any other tenants of the Building. Lessee agrees that Lessor shall have the right to install and to grant others the right to install transmitting equipmentits general partner /s/ Xxxxxxx Xxxxxxxxx By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Executive Vice President Boston Region BOSTON GARDEN DEVELOPMENT LP, satellite dishesLLC, antennaea Delaware limited liability company WITNESS: By: BOSTON GARDEN DEVELOPMENT CORP., and similar equipment on the Building’s roofa Massachusetts corporation, so long as neither the installation nor operation of such equipment materially interferes with the use of the Deckits member /s/ Xxxxxxxxxxx Xxxxxxxx By: /s/ Xxxxxxxxxxx X. Xxxxx Name: Xxxxxxxxxxx X. Xxxxx Title: Vice President TENANT: RAPID7, INC., a Delaware corporation WITNESS: /s/ Xxxxx Xxxx By: /s/ Xxxxx Xxxxxx Xxxxx Xxxx Name: Xxxxx Xxxxxx SVP & GC Title: President & CEO

Appears in 1 contract

Samples: Lease Agreement (Rapid7, Inc.)

AutoNDA by SimpleDocs

Roof Deck. Section 27.1. Landlord shall construct the Base Building to accommodate a roof deck as part of the Base Building Work in accordance with Exhibit 1.7 attached hereto (the “Roof Deck”). Landlord shall obtain and maintain any and all licenses, permits, consents or approvals that may be required by applicable legal requirements in connection with the construction of the Base Building to accommodate the Roof Deck, all as part of the Base Building Work, and Tenant shall be responsible for obtaining any licenses, permits, consents or approvals as necessary for Tenant’s construction of the Roof Deck and Tenant’s use of the Roof Deck during the Lease Term. Subject to LessorSection 27.4 below, Tenant shall have the exclusive right to use the Roof Deck for outdoor seating and uses ancillary to Tenant’s approvaluse of the Premises (which, which approval in all cases, shall not be unreasonably withheld, conditioned or delayedopen to the general public), and so long as such work or use does not materially increase the rate of any insurance maintained by Lessor on the Building, Lessee Tenant shall have the right to install tables, chairs, umbrellas and other furniture to facilitate outdoor seating and use of the Roof Deck, subject to applicable legal requirements. Tenant’s use of the Roof Deck shall be subject to all of the terms and conditions of this Lease applicable to the Premises except as otherwise expressly set forth herein. Tenant shall perform and pay for all costs associated with Tenant’s use of the Roof Deck, including cleaning costs related to such use. Section 27.2. Landlord shall maintain the roof, roof membrane and associated supporting structure located underneath the Roof Deck during the Lease Term in accordance with Landlord’s obligations under Article VIII of this Lease, provided, however, any additional repairs or maintenance required to the roof to the extent resulting from Tenant’s use of the Roof Deck shall be performed by Landlord at Tenant’s sole cost and expense. Tenant shall be responsible for any reasonably documented increase in the costs of normal repairs and maintenance to the roof and roof membrane to the extent resulting from Tenant’s use of the Roof Deck. Landlord shall not be required to provide services to the Roof Deck except as otherwise expressly set forth in this Lease, provided nothing contained herein shall limit Tenant’s ability to bring such services to the roof, at Tenant’s sole cost and expense and subject to the terms of this Lease governing Alterations. Any Alterations in or to the Roof Deck shall be deemed to be structural alterations and shall require Landlord’s approval in accordance with Article IX of this Lease. Section 27.3. Tenant shall, on or before the expiration or earlier termination of the term of this Lease, remove all of Tenant’s property from the Roof Deck and repair any damage to the roof caused by the installation or removal of such property, all at Tenant’s expense. Landlord shall have no liability for any damage to any of Tenant’s property located in or on the Roof Deck unless such damage is caused by the gross negligence or willful misconduct of Landlord or any person claiming by, through or under Landlord. Section 27.4. Notwithstanding the foregoing, Landlord shall at all times have access to the roof to maintain equipment serving the Building that is located on the roof. Landlord shall provide Tenant with reasonable prior notice of time periods when Landlord intends to access the roof for the purposes of inspecting or repairing the same. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of the Roof Deck. Section 27.5. In addition to the Roof Deck, Tenant, on a non-exclusive basis and without the payment of any additional rent or other license fee, but otherwise subject to the terms and conditions of this Lease, may install, repair and replace, at Tenant’s sole cost and expense, not more than two satellite dishes/antennae on the roof of the Building a deck for Lessee’s exclusive use each of which shall be no larger than twenty-four inches (the “Deck24”) in accordance with diameter (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as opposed to the provisions generation or transmission of this sectionany such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as the “Telecommunications Equipment”). The Deck location, physical appearance and size of the Telecommunications Equipment shall be installed subject to Landlord’s prior reasonable approval. Tenant shall not install or operate the Telecommunications Equipment until it receives prior written approval of the plans and maintained specifications for such work (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld. Landlord may require Tenant to install screening around such Telecommunications Equipment, at LesseeTenant’s sole cost and expense, as reasonably designated by Landlord. Lessee Tenant shall submit drawings, specificationsengage Landlord’s roofer before beginning any rooftop installations or repairs of Telecommunications Equipment, and installation data for shall always comply with the Deck to Lessor for its approval prior to installation. Installation roof warranty governing the protection of the Deck shall be accomplished under roof and modifications to the direct supervision of Lessorroof. Use of the Deck shall be for Lessee’s exclusive use in accordance with reasonable rules and regulations prescribed by Lessor. Lessee shall make no penetration of the Building’s roof during installation or removal of the Deck without the prior written consent of Lessor, Lessee Tenant shall be responsible for any cost in relation to interference with or voiding of the cost roof warranty. Notwithstanding any review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of repairing all damages the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment, and Landlord shall have no liability in connection therewith. Tenant shall obtain a letter from Landlord’s roofer following completion of the installation of and any subsequent modifications or material repairs to the Building and the Lessor’s property caused by the installation, operation, repair or removal of the Deck, except to the extent caused by Lessor, its agents or employees. Furthermore, in the event Lessor determines Telecommunications Equipment stating that the Building roof must be repaired or resealed as a direct or indirect result of the installation, maintenance, repair or removal of the Deck, except to the extent cause by Lessor, its agents or employees, all such repairing and/or resealing shall be performed by Lessor’s designated contractor at Lessee’s sole cost and expensewarranty remains in effect. Except as otherwise specifically agreed to in writing by Lessor and Lessee, upon termination of this lease, LesseeTenant, at its sole cost and expense, shall cause a qualified employee or contractor to inspect the roof at least quarterly and as often as recommended by the request manufacturer of Lessor remove the Deck from the Building’s roofany Telecommunications Equipment and correct any loose bolts, subject fittings or other appurtenances and shall repair any damage to the provisions roof caused by the installation or operation of this sectionTelecommunications Equipment. Removal Tenant shall cooperate with Landlord as reasonably required to accommodate any re-roofing of the Deck Building during the Lease Term and Tenant shall be done in a manner reasonably satisfactory responsible for any costs associated with working around, moving or temporarily relocating the Telecommunications Equipment. Landlord shall use commercially reasonable efforts to Lessorcomplete any such re-roofing as soon as is practicable. LesseeTenant agrees that the installation, operation and removal of Telecommunications Equipment shall be at its sole cost risk. Tenant shall indemnify and expense, shall obtain defend Landlord and maintain all necessary governmental approvals, licenses Landlord’s agents and permits required to use the Deck, which use shall not interfere employees against any Costs incurred in connection with the quiet enjoyment loss of life, personal injury, damage to property or business or any other tenants loss or injury (except to the extent due to the negligence or willful misconduct of Landlord or its employees, agents or contractors) arising out of the installation, use, operation, or removal of Telecommunications Equipment by Tenant or its employees, agents, or contractors, including any liability arising out of Tenant’s violation of this Section 27.5. Landlord assumes no responsibility for interference in the operation of Telecommunications Equipment. If the Telecommunications Equipment (i) causes physical damage to the structural integrity of the Building or damages the roof in any way, or (ii) materially interferes with any telecommunications, mechanical or other systems located at or servicing the Building or any building, premises or location in the vicinity of the Building, in each case in excess of that permissible under applicable Laws (a “Rooftop Interference”), Tenant shall cooperate with Landlord or any other third party making such claim to determine the source of the Rooftop Interference and effect a prompt solution at Tenant’s expense (if Telecommunications Equipment caused such interference or damage). Lessee Landlord reserves the right to cause Tenant to relocate Telecommunications Equipment located on the roof to comparably functional space on the roof by giving Tenant prior notice of such intention to relocate and Landlord agrees that Lessor to pay the reasonable cost of moving Telecommunications Equipment to such other space. Tenant shall arrange for the relocation of Telecommunications Equipment within sixty (60) days after a comparable space is agreed upon or selected by Landlord, as the case may be. In the event Tenant fails to arrange for said relocation within the sixty (60) day period, Landlord shall have the right to install and arrange for the relocation of Telecommunications Equipment. No rights of Tenant under this Section 27.5 may be assigned by Tenant to grant others any other party, except for Permitted Transferees. The Telecommunications Equipment shall, in all instances, comply with all Laws. Section 27.6. Except as otherwise set forth in this Article XXVII, the right Roof Deck shall be deemed to install transmitting equipmentbe included in the Premises for all purposes under this Lease, satellite dishesincluding, antennaewithout limitation, Tenant’s indemnity obligations with respect to Landlord pursuant to Section 15.2 above. Section 27.7. The rights granted in this Article XXVII are given in connection with, and similar equipment on as part of the Building’s roofrights created under, so long as neither the installation nor operation of such equipment materially interferes with this Lease, and are not separately transferable or assignable. Tenant shall not resell in any form the use of the Roof Deck, including, without limitation, the granting of any licensing or other rights.

Appears in 1 contract

Samples: Lease Agreement (Invitae Corp)

Roof Deck. Subject to Lessor’s approval, which approval shall not be unreasonably withheld, conditioned or delayed, and so long as such work or use does not materially increase the rate of any insurance maintained by Lessor on the Building, Lessee shall have right to install on the roof of the Building a deck for Lessee’s exclusive use (the “Deck”) in accordance with the provisions of this section. The Deck shall be installed and maintained at Lessee’s sole cost and expense. Lessee shall submit drawings, specifications, and installation data for the Deck to Lessor for its approval prior to installation. Installation of the Deck shall be accomplished under the direct supervision of Lessor. Use of the Deck shall be for Lessee’s exclusive use in accordance with reasonable rules and regulations prescribed by Lessor. Lessee shall make no penetration of the Building’s roof during installation or removal of the Deck without the prior written consent of Lessor, . Lessee shall be responsible for the cost of repairing all damages to the Building and the Lessor’s property caused by the installation, operation, repair or removal of the Deck, except to the extent caused by Lessor, its agents or employees. Furthermore, in the event Lessor determines that the Building roof must be repaired or resealed as a direct or indirect result of the installation, maintenance, repair or removal of the Deck, except to the extent cause by Lessor, its agents or employees, all such repairing and/or resealing shall be performed by Lessor’s designated contractor at Lessee’s sole cost and expense. Except as otherwise specifically agreed to in writing by Lessor and Lessee, upon termination of this lease, Lessee, at its sole cost and expense, shall at the request of Lessor remove the Deck from the Building’s roof, subject to the provisions of this section. Removal of the Deck shall be done in a manner reasonably satisfactory to Lessor. Lessee, at its sole cost and expense, shall obtain and maintain all necessary governmental approvals, licenses and permits required to use the Deck, which use shall not interfere with the quiet enjoyment of any other tenants of the Building. Lessee agrees that Lessor shall have the right to install and to grant others the right to install transmitting equipment, satellite dishes, antennae, and similar equipment on the Building’s roof, so long as neither the installation nor operation of such equipment materially interferes with the use of the Deck.

Appears in 1 contract

Samples: Office Lease (Cell Therapeutics Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!