Common use of Roof Equipment Clause in Contracts

Roof Equipment. Tenant shall have the right to use its prorata share of the available area on the roof designated by Landlord for the purpose of locating and/or installing, at its own cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on the roof in connection with the operation of the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and Tenant shall remove its Equipment from such area and repair any damage caused thereby. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises caused by such work, and shall at all times maintain and repair the Equipment and wiring, including any required replacements thereof.

Roof Equipment. Subject to the provisions of this Lease, Tenant may, at its sole cost, install, maintain, and from time to time replace a telecommunications dish antenna or other related equipment on the roofs of the Buildings (collectively, “Roof Equipment”) in locations selected by Tenant and reasonably acceptable to Landlord for Tenant’s own communication purposely use only; provided, however, that (i) Tenant shall obtain Landlord’s prior written approval with respect to the installation of such Roof Equipment which approval shall not be unreasonably withheld, conditioned or delayed and shall include consideration all relevant factors including, without limitation, the proposed size, weight and location of the Roof Equipment and method for fastening the same to the roof, (ii) Tenant shall, at its sole cost, comply with any reasonable requirements imposed by Landlord and all Legal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) Tenant shall be responsible for paying for any structural upgrades that may be required by Landlord in connection with the Roof Equipment, and (iv) Tenant shall remove, at its expense, at the expiration or earlier termination of this Lease, any Roof Equipment which Landlord requires to be removed. Landlord shall have the right to use its prorata share of the available area on supervise any roof penetration. Tenant may not access the roof designated by without a representative of Landlord for the purpose of locating and/or installing, at its own cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on the roof in connection with the operation of the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof who shall be reduced accordingly and Tenant shall remove its Equipment from such area and repair any damage caused therebyreasonably available) being present. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises Buildings caused by such workTenant’s installation, and maintenance, replacement, use or removal of the Roof Equipment. Tenant shall remove any Roof Equipment at all times its cost upon expiration or termination of the Lease. Tenant shall install, use, maintain and repair the Equipment Roof Equipment, and wiringuse the access areas, so as not to damage or interfere with the operation of the Buildings. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including reasonable attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. Notwithstanding anything to the contrary contained herein, Tenant acknowledges and agrees that, Landlord shall have the right, at no cost whatsoever to Tenant during the Term, to install, maintain, repair and remove solar rooftop photo voltaic systems (“Solar Roof Systems”) on the roofs of one or more of the Buildings at any required replacements thereoftime during the Term, in locations acceptable to Landlord, in its reasonable discretion. Landlord and Tenant shall cooperate to minimize any potential adverse impact that such Solar Roof Systems may have on Tenant’s rights under this Lease (including, but not limited to, Tenant’s use of the Premises).

Roof Equipment. Section 36.01 Landlord understands that Tenant shall have the right to use its prorata share of the available area on the roof designated by Landlord for the purpose of locating and/or installing, at its own cost and expense, a satellite dish, antenna and/or telecommunications equipment will require: (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on the roof i) communications services in connection with the operation of Tenant’s business which would necessitate the construction, installation, operation and use by Tenant of a communication microwave dish or antenna, together with related equipment, mountings and supports (collectively, the “Antenna”); and (ii) the use of other equipment necessary for Tenant’s operations within the Premises (“Infrastructure”), all on the roof of the Building, together with access (by means of one (1 two-inch (2”) conduit to be installed in accordance with the provisions of this Article 26) between the Roof and no other area on the Premises, subject to Building rules and regulations. The Antenna and the Infrastructure are collectively referred to herein as the, “Roof Equipment”. Landlord will make available to Tenant roof space for the Roof Equipment in locations as reasonably determined by Landlord and reasonably acceptable to Tenant. Landlord shall not be obligated to provide any roof space for any Roof Equipment to the extent the amount of Roof Space required would be detrimental (in Landlord’s sole but reasonable discretion) to the Building’s structure and its systems. The electricity used by the Roof Equipment shall be measured by a separate meter, the cost of which electricity shall be borne by Tenant. All Roof Equipment shall be subject to Landlord’s approval and the location of the required pathways for the Roof Equipment will be subject to Landlord’s approval, such approvals not to be unreasonably withheld, conditioned or delayed. In connection therewith, Landlord will make available to Tenant non-exclusive access (subject to Building rules and regulations) to the roof is then available for such purposethe construction, installation, maintenance, repair, operation and use of the Roof Equipment. The installation of the Roof Equipment shall constitute a Tenant's prorata share thereof ’s Change and shall be reduced accordingly performed in accordance with and Tenant shall remove its Equipment from such area and repair any damage caused thereby. Tenant shall also have the right, subject to the provisions of Article 5, to install in this Lease and the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Roof Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by shall for all purposes remain Tenant’s property. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance provisions of this Lease with all applicable Governmental Requirements, and subject respect to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant Tenant’s obligations hereunder shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating apply to the installation, use and maintenance of the Roof Equipment, including without limitation, provisions relating to Tenant’s Changes, compliance with all legal requirements and operation the Building rules and regulations and insurance, indemnity, repair, replacement and maintenance obligations. Without limiting the foregoing, if the installation of the Roof Equipment requires any other Tenant’s Changes in compliance with any applicable Requirements, then such Tenant’s Changes shall be performed by Tenant at its sole expense. Section 36.02 It is expressly understood that Landlord retains the right to use the roof for any purpose whatsoever provided that Tenant shall have reasonable access to (subject to Building rules and regulations) and Landlord shall not adversely interfere with the use or functioning of the Roof Equipment. Section 36.03 Tenant’s use of the Roof Equipment shall not adversely affect (except to an immaterial extent) any other tenant of the Building or any persons or entities in the vicinity of the Building, or damage to or interference with the Building systems or common areas or roof of the Building which is not mitigated by Tenant to Landlord’s reasonable satisfaction. Tenant shall, at its sole expense, eliminate any such interference by either modifying the Roof Equipment or relocating the Roof Equipment to another roof location (which location shall be determined by Landlord and connecting facilitiesreasonably acceptable to Tenant). Landlord shall use commercially reasonable efforts to enforce any agreements with other entities having equipment on the Roof so as to prevent/minimize any adverse effect on Tenant’s Roof Equipment. Landlord, at Landlord’s sole expense, shall have the right to relocate the Roof Equipment to other locations on the roof subject to Tenant’s consent which shall not be unreasonably withheld, conditioned or delayed, provided in no event shall such relocations cause disruption to Tenant’s business unless such disruption is mitigated to Tenant’s reasonable satisfaction. Section 36.04 Landlord shall not have any obligations with respect to the Roof Equipment or compliance with applicable Requirements(all such compliance with applicable Requirements pertaining thereto being Tenant’s sole responsibility and Tenant’s sole expense) nor shall Landlord be responsible for any damage that may be caused to the Roof Equipment by any other tenant in the Building. Section 36.05 Tenant, at its own costTenant’s sole cost and expense, shall maintain, repair any damage and/or replace the Roof Equipment in good condition as Landlord shall reasonably determine and shall install such support structures, waterproofing, lightning rods or air terminals on or about the Roof Equipment as Landlord may reasonably require in accordance with standard practice for the installation of the Roof Equipment. Section 36.06 Landlord shall continue to be obligated to maintain the roof and setbacks of the Building, provided however, Tenant shall be responsible for any roof and/or Demised Premises caused by such workmaintenance required, and shall at all times maintain and repair for any damage caused by, the Roof Equipment and wiringor Tenant’s negligence, including any required replacements thereofwrongful acts or omissions (where this Lease or applicable Requirements imposes a duty to act.

Roof Equipment. If Tenant desires to use the roof of the Project to install communication equipment or condensers for the Supplemental Units on the roof of the Project to be used from the Premises, Tenant may so notify Landlord in writing (“Roof Equipment Notice”), which Roof Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If Tenant delivers a Roof Equipment Notice, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain (i) condensers for the Supplemental Units and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at a location on the roof of the Project designated by Landlord. The condensers for the Supplemental Units and the Communication Equipment may be collectively referred to herein as the “Roof Equipment.” Landlord shall have the right to use its prorata share of require Tenant to relocate the available area Roof Equipment at any time to another location on the roof of the Project reasonably approved by Tenant at Landlord’s expense. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s roof warranty. Tenant’s installation and operation of the Roof Equipment shall be governed by the following terms and conditions: (A) Tenant’s right to install, replace, repair, remove, operate and maintain the Roof Equipment shall be subject to all governmental laws, rules and regulations and covenants, conditions and restrictions and Landlord makes no representation that such covenants, conditions and restrictions and laws, rules and regulations permit such installation and operation. (B) All plans and specifications for the purpose Roof Equipment shall be subject to Landlord’s reasonable approval. (C) All costs of locating and/or installinginstallation, at its own cost operation and expense, a satellite dish, antenna and/or telecommunications maintenance of the Roof Equipment and any necessary related equipment (collectively "Equipment"). Howeverincluding, if without limitation, costs of obtaining any necessary permits and connections to the Project’s electrical system) shall be borne by Tenant. (D) It is expressly understood that Landlord thereafter is required retains the right to use additional area the roof of the Project for any purpose whatsoever provided that Landlord shall not unduly interfere with Tenant’s use of the Roof Equipment. (E) Tenant shall use the Roof Equipment so as not to cause any interference to other tenants in the Project or with any other tenant’s Communication Equipment or the Project’s heating, ventilation and air condition system, and not to damage the Project or interfere with the normal operation of the Project. (F) Landlord shall not have any obligations with respect to the Roof Equipment. Landlord makes no representation that (i) the Communications Equipment will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof of the Project) or (ii) that the Supplemental Units will be able to adequately heat, ventilate or cool the Premises, and Tenant agrees that Landlord shall not be liable to Tenant therefor. Tenant shall not lease or otherwise make the Roof Equipment available to any third party and the Roof Equipment shall be only for Tenant’s use in connection with the operation conduct of Tenant’s business in the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and Premises. (G) Tenant shall remove its Equipment from such area and repair (i) be solely responsible for any damage caused thereby. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation result of the Building systems thereinRoof Equipment, in compliance with all applicable Governmental Requirements(ii) promptly pay any tax, and subject license or permit fees charged pursuant to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage laws or expense regulations in connection with or relating to the installation, maintenance or use of the Roof Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of the Roof Equipment. (H) The Roof Equipment shall remain the sole property of Tenant. Tenant shall remove the Roof Equipment and related equipment at Tenant’s sole cost and expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall repair the Project upon such removal to the extent required by such work of removal. If Tenant fails to remove the Roof Equipment and repair the Project within fifteen (15) days after the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense. The provisions of this Section 30(aa)(H) shall survive the expiration or earlier termination of this Lease. (I) The Roof Equipment shall be deemed to constitute a portion of the Premises for purposes of Articles 13 and 14 of this Lease. (J) Upon request from Landlord, Tenant agrees to execute a license agreement with Landlord or Landlord’s rooftop management company regarding Tenant’s installation, use and operation of such Equipment and connecting facilities. Tenantthe Roof Equipment, at its own costwhich license agreement shall be in commercially reasonable form, shall repair not require any damage to the Building, roof and/or Demised Premises caused by such work, payments from Tenant and shall at all times maintain incorporate the terms and repair the Equipment and wiring, including any required replacements thereofconditions of this Section 30(aa).

Roof Equipment. Subject to the provisions of this Lease, Tenant may, at its sole cost, install, maintain, and from time to time replace antenna, satellite dish and/or other communication equipment, supplemental air conditioning units, air handlers, de-ionized water stills and related equipment, solar panels and other mechanical and electrical equipment the roof of the Building (collectively, “Roof Equipment”), at no additional rental expense to Tenant (other than reimbursing Landlord for any costs incurred by Landlord in connection with the exercise by Tenant of any rights granted to Tenant under this Section 41); provided, however, that (i) Tenant shall obtain Landlord’s prior written approval, which approval shall be in Landlord’s commercially reasonable discretion, of the proposed size, weight and location of the Roof Equipment and method for fastening the same to the roof, (ii) Tenant shall, at its sole cost, comply with reasonable requirements imposed by Landlord and all Legal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) Tenant shall be responsible for paying for any structural upgrades that may be required by Landlord in connection with the Roof Equipment, and (iv) Tenant shall remove, at its expense, at the expiration or earlier termination of this Lease, any Roof Equipment which Landlord requires to be removed. Landlord shall have the right to use its prorata share of the available area on the supervise any roof designated by Landlord for the purpose of locating and/or installing, at its own cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on the roof in connection with the operation of the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and Tenant shall remove its Equipment from such area and repair any damage caused therebypenetration. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. The Roof Equipment shall remain the property of Tenant. Tenant shall remove the Roof Equipment at its cost upon expiration or termination of the Lease or sooner, at the request of Landlord, if any of the same unreasonably interferes, as determined by Landlord, with the operation of any other tenant’s use of the Project. Landlord shall give Tenant written notice and 30 days to cure such workinterference before requiring Tenant to remove any Roof Equipment; provided, and however, that if such interference causes Landlord to be in default under any other lease, Landlord may shorten the cure period as necessary to avoid being in default under such other lease. Tenant shall at all times install, use, maintain and repair the Equipment Roof Equipment, and wiringuse the access areas, so as not to damage or interfere with the operation of the Building or with the occupancy or activities of any other tenant of the Building. Tenant shall protect, defend, indemnify and hold harmless Landlord 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 Roof Equipment. Tenant’s right to use the roof as contemplated in this Section 41 is not exclusive and Tenant may not install any required replacements thereofRoof Equipment on the roof which is not directly and solely related to Tenant’s operations at the Premises. Tenant shall not have any right to place Roof Equipment on more than Tenant’s pro rata share of the roof.

Roof Equipment. Subject to the provisions of this Lease, Tenant may, at its sole cost, install, maintain, and from time to time replace a satellite dish and/or antenna, security cameras and other equipment consistent with the Permitted Use of the Premises (e.g., supplemental HVAC) on the roof of the Building (collectively, “Roof Equipment”), at no additional rental expense to Tenant (other than reimbursing Landlord for any costs incurred by Landlord in connection with the exercise by Tenant of any rights granted to Tenant under this Section 43); provided, however, that (i) Tenant shall obtain Landlord’s prior written approval of the proposed size, weight and location of the Roof Equipment and method for fastening the same to the roof, (ii) Tenant shall, at its sole cost, comply with reasonable requirements imposed by Landlord and all Legal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) Tenant shall be responsible for paying for any structural upgrades that may be required by Landlord in connection with the Roof Equipment, and (iv) Tenant shall remove, at its expense, at the expiration or earlier termination of this Lease, any Roof Equipment which Landlord requires to be removed. Landlord shall have the right to use its prorata share of the available area on the supervise any roof designated by Landlord for the purpose of locating and/or installing, at its own cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on the roof in connection with the operation of the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and Tenant shall remove its Equipment from such area and repair any damage caused therebypenetration. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. The Roof Equipment shall remain the property of Tenant. Tenant shall remove the Roof Equipment at its cost upon expiration or termination of the Lease or sooner, at the request of Landlord, if any of the same unreasonably interferes, as determined by Landlord, with the operation of any other tenant’s use of the Project. Landlord shall give Tenant written notice and 30 days to cure such workinterference before requiring Tenant to remove any Roof Equipment; provided, and however, that if such interference causes Landlord to be in default under any other lease, Landlord may shorten the cure period as necessary to avoid being in default under such other lease. Tenant shall at all times install, use, maintain and repair the Equipment Roof Equipment, and wiringuse the access areas, so as not to damage or interfere with the operation of the Building or with the occupancy or activities of any other tenant of the Building. Tenant shall protect, defend, indemnify and hold harmless Landlord 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 Roof Equipment. Tenant’s right to use the roof as contemplated in this Section 43 is not exclusive and Tenant may not install any required replacements thereof.Roof Equipment on the roof which is not directly and solely related to Tenant’s operations at the Premises. Tenant shall not have any right to place Roof Equipment on more than Tenant’s pro rata share of the space the roof available to tenants of the Project for the installation of Roof Equipment. Net Multi-Tenant Laboratory 410 W. Xxxxxxxx/PhaseRx - Page 37

Roof Equipment. Subject to the provisions of this Lease, Tenant may, at its sole cost, install, maintain, and from time to time replace mechanical equipment and a satellite dish (weighing up to 50 pounds and having a diameter or height of up to 20 inches (or if Tenant desires a larger satellite dish the same shall be subject to Landlord’s prior written consent which shall not be unreasonably withheld, conditioned or delayed)) and related ancillary cabling on the roof of the Building (collectively, “Roof Equipment”), at no additional rental expense to Tenant (other than reimbursing Landlord for any costs incurred by Landlord in connection with the exercise by Tenant of any rights granted to Tenant under this Section 42) and Tenant shall have the right to use its prorata share access the roof only with a representative of Landlord present for the purposes set forth in this Section 42; provided, however, that (i) Tenant shall obtain Landlord’s prior written approval of the available area on proposed location of the roof designated by Landlord Roof Equipment and method for fastening the purpose of locating and/or installingsame to the roof, (ii) Tenant shall, at its own cost sole cost, comply with reasonable requirements imposed by Landlord and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if all Legal Requirements and the conditions of any bond or warranty maintained by Landlord thereafter is required to use additional area on the roof roof, (iii) Tenant shall be responsible for paying for any structural upgrades that may be required by Landlord in connection with the operation of the BuildingRoof Equipment, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and (iv) Tenant shall remove its Equipment from such area and repair any damage caused thereby. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenantremove, at its own costexpense, at the expiration or earlier termination of this Lease, any Roof Equipment which Landlord requires to be removed. Landlord shall have the right supervise any roof penetration. Tenant shall repair any damage to the Building, roof and/or Demised Premises Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. The Roof Equipment shall remain the property of Tenant. Tenant shall remove the Roof Equipment at its cost upon expiration or termination of the Lease or sooner, at the request of Landlord, if any of the same unreasonably interferes, as reasonably determined by Landlord, with the operation of any other tenant’s use of the Project and Tenant cannot reasonably cure such workinterference. Landlord shall give Tenant written notice and 10 days to cure such interference before requiring Tenant to remove any Roof Equipment; provided, and however, that if such interference causes Landlord to be in default under any other lease, Landlord may shorten the cure period as necessary to avoid being in default under such other lease. Tenant shall at all times install, use, maintain and repair the Equipment Roof Equipment, and wiringuse the access areas, so as not to damage or interfere with the operation of the Building or with the occupancy or activities of any other tenant of the Building. Tenant shall protect, defend, indemnify and hold harmless Landlord 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 Roof Equipment. Tenant’s right to use the roof as contemplated in this Section 42 is not exclusive and Tenant may not install any required replacements thereofRoof Equipment on the roof which is not directly and solely related to Tenant’s operations at the Premises. Except for the express rights granted to Tenant under this Section 42, Landlord retains all rights to utilize the remainder of the rooftop for any purpose in Landlord’s sole and absolute discretion, so long as Landlord’s use of the remainder of the rooftop does not interfere with Tenant’s use of the Roof Equipment and/or Building Systems.

Roof Equipment. Subject to the provisions of this Lease, during the Term, Tenant may, at its sole cost, install, maintain, and from time to time replace mechanical, security and/or process equipment on the roof of the Building (collectively, “Roof Equipment”) for Tenant’s own business purposes or the business purposes of other occupants of the Building permitted under this Lease, at no additional rental expense to Tenant (other than reimbursing Landlord for any costs reasonably incurred by Landlord in connection with the exercise by Tenant of any rights granted to Tenant under this Section 42(p)); provided, however, that (i) Tenant shall obtain Landlord’s prior written approval of the proposed size, weight and location of the Roof Equipment and method for fastening the same to the roof, (ii) Tenant shall, at its sole cost, comply with reasonable requirements imposed by Landlord and all Legal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) Tenant shall be responsible for paying for any structural upgrades that may be reasonably required by Landlord in connection with the Roof Equipment, and (iv) Tenant shall remove, at its expense, at the expiration or earlier termination of this Lease, any Roof Equipment which Landlord requires to be removed at the time Landlord consents to the installation of such equipment, other than Roof Equipment installed as part of the Tenant Improvements, which may be surrendered by Tenant. Landlord shall have the right to use its prorata share of the available area on the supervise any roof designated by Landlord for the purpose of locating and/or installing, at its own cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on the roof in connection with the operation of the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and Tenant shall remove its Equipment from such area and repair any damage caused therebypenetration. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises Building caused by such workTenant’s installation, and maintenance, replacement, use or removal of the Roof Equipment. Tenant shall at all times install, use, Net Multi-Tenant Laboratory 259 E. Grand/Onyx - Page 37 maintain and repair the Equipment Roof Equipment, and wiringuse the access areas, so as not to damage the Building or with the occupancy or activities of any other tenant of the Project. Landlord shall give Tenant written notice and 30 days to cure such interference before requiring Tenant to remove any Roof Equipment. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including any required replacements thereofattorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment except to the extent caused by the willful misconduct or negligence of Landlord or the default by Landlord in the performance of its obligations under this Lease.

Roof Equipment. Subject to the provisions of this Lease, Tenant may, at its sole cost, install, maintain, and from time to time replace a microwave, satellite dish or other communications antenna on the roof of the Building (collectively, “Roof Equipment”), at no additional rental expense to Tenant (other than reimbursing Landlord for any reasonable costs actually incurred by Landlord in connection with the exercise by Tenant of any rights granted to Tenant under this Section 41); provided, however, that (i) Tenant shall obtain Landlord’s prior written approval with respect to the installation of such Roof Equipment which approval shall not be unreasonably withheld, conditioned or delayed and shall include consideration all relevant factors including, without limitation, the proposed size, weight and location of the Roof Equipment and method for fastening the same to the roof, (ii) Tenant shall, at its sole cost, comply with any reasonable requirements imposed by Landlord and all Legal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) Tenant shall be responsible for paying for any structural upgrades that may be reasonably required by Landlord in connection with the Roof Equipment, and (iv) Tenant shall remove, at its expense, at the expiration or earlier termination of this Lease, any Roof Equipment which Landlord requires to be removed as noted at the time Tenant requests Landlord’s consent therefor. Landlord shall have the right supervise any roof penetration. Tenant shall repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use its prorata share or removal of the available area on Roof Equipment. Tenant shall remove any Roof Equipment at its cost upon expiration or termination of the roof designated by Landlord for the purpose of locating and/or installingLease or sooner, at its own cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). Howeverthe request of Landlord, if Landlord thereafter is required any of the same unreasonably interferes, as determined by Landlord, with the operation of any other tenant’s use of the Project. Tenant shall install, use, maintain and repair the Roof Equipment, and use the access areas, so as not to use additional area on the roof in connection damage or interfere with the operation of the Building. Tenant shall protect, defend, indemnify and no other area hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including reasonable attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. Tenant’s right to use the roof as contemplated in this Section 41 is not exclusive and Tenant may not install any Roof Equipment on the roof which is then available for such purpose, not directly and solely related to Tenant's prorata share thereof shall be reduced accordingly and ’s operations at the Premises. Nothing contained in this Section 41 is intended to preclude Tenant shall remove its Equipment from such area and repair any damage caused thereby. Tenant shall also have installing equipment on the right, subject to roof if the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation same constitutes part of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises caused by such work, and shall at all times maintain and repair the Equipment and wiring, including any required replacements thereofImprovements.

Roof Equipment. Tenant Landlord hereby agrees that Tenant, at its sole cost and expense, shall have the right be permitted, to use its prorata share of the available area install, maintain, and from time to time replace, telecommunications and supplemental HVAC equipment on the roof designated of the Building (hereinafter, collectively, the "Roof Equipment"), provided that (i) prior to such installation Tenant obtains Landlord's approval of the location(s) for the proposed Roof Equipment (provided that Landlord's approval shall not be required for the supplemental HVAC equipment if located in the area shown as "Supplemental HVAC Equipment Location" on the plan attached hereto as Exhibit D) which approval shall not be unreasonably withheld; (ii) the Roof Equipment is not visible from the ground around the Building; (iii) Tenant will, at its sole cost and expense, comply with all governmental rules and regulations and the conditions of any bond or warranty maintained by Landlord for the purpose of locating and/or installing, at its own cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on the roof in connection with the operation of the Buildingroof, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof (iv) Landlord and its authorized representatives and contractors shall be reduced accordingly and Tenant shall remove its Equipment from such area and repair permitted to supervise any damage caused therebyroof penetration. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall promptly repair any damage to the Building, roof and/or Demised Premises Building caused by such workor as a result of Tenant's installation, maintenance, replacement, use or removal of the Roof Equipment. The Roof Equipment shall remain the property of Tenant, and Tenant may remove the Roof Equipment at its sole cost at any time during the term of this Lease. In any event, Tenant shall remove the Roof Equipment at all times maintain its sole cost upon the expiration or earlier termination of this Lease. In addition to any other indemnification provisions contained in this Lease, Tenant shall protect, defend, indemnify, and repair the Equipment hold harmless Landlord from and wiringagainst 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 Roof Equipment. Tenant acknowledges that the rights granted hereunder are non-exclusive and Xxxxxx agrees to install and maintain the Roof Equipment in such a manner as to insure and provide that the Tenant's rights hereunder do not conflict or cause interference with any required replacements thereofRoof Equipment installed or maintained by any other tenant of the Property.

Roof Equipment. (a) At Tenant’s sole cost and expense and provided there is no pending Event of Default, Tenant (but not any subtenant, other than a transferee under a Permitted Transfer) shall have access to the right to use its prorata share Tenant’s Pro Rata Share of the available area on of the roof of the Building designated by Landlord as specified for antennas, in designated areas mutually agreed upon, for the purpose of locating installation of a microwave satellite device and associated wiring, supplemental HVAC units and/or installingother equipment serving Tenant’s business within the Premises (collectively, at its own cost and expensethe “Roof Equipment”) provided: (i) the Roof Equipment does not impact Landlord’s roof warranty; (ii) the Roof Equipment complies with all applicable Laws; (iii) Tenant obtains Landlord’s prior written consent thereto, a satellite dishsuch consent not to be unreasonably withheld, antenna and/or telecommunications equipment conditioned, or delayed, including without limitation approval of (collectively "1) the placement of the Roof Equipment"). However, if Landlord thereafter is required (2) any roof penetrations, (3) an elevation or representational drawing of what the Roof Equipment will look like when mounted to use additional area on the roof in connection with the operation of the Building, and no other area on the roof is then available for such purpose, (4) a specific scope of work from Tenant's prorata share thereof ’s contractor; (iv) Landlord shall be reduced accordingly and Tenant shall remove its Equipment from such area and repair any damage caused thereby. Tenant shall also have the right, subject at any time and from time to time, to require Tenant to relocate the Roof Equipment to another Building roof location specified by Landlord, which relocation shall be at Landlord’s sole cost unless such relocation is required under Applicable Laws or Tenant’s breach of the Lease; and (v) Tenant removes the Roof Equipment and restores the roof to its original condition on or prior to the provisions Expiration Date. The Roof Equipment is deemed Tenant’s Property and shall be for the sole benefit of Article 5Tenant and Landlord, relate specifically to install Tenant’s use of the Premises, and not be used as a switching station, amplification station, or by other tenants or third parties. Tenant is solely responsible for all costs associated with the installation, maintenance, and removal of the Roof Equipment. (b) Tenant shall make a request for approval of the Roof Equipment by submission of specific plans and specifications for the work to be performed. Landlord shall respond in writing within 15 business days after receipt of the Building core areasame, risersadvising Tenant of approved contractors and those portions of the work that are acceptable and disapproving those portions of the work that are, ductsin Landlord’s judgment, conduits or other facilitiesreasonably exercised, necessary to connect such Equipment unacceptable and with respect to the Demised Premises or plans, specifically detailing the Additional Space nature of Landlord’s objection. (c) Tenant shall be solely responsible for all damages caused by the Roof Equipment, the removal of the Roof Equipment, and the restoration of the roof prior to the Expiration Date, unless directed in writing by Landlord otherwise. Landlord shall be named as hereinafter defined) then leased by Tenantan additional insured on all Tenant insurance relating to the Roof Equipment. All such installation, repair, replacement, and modification of the Roof Equipment and connecting facilities shall be installed coordinated with Landlord, use only contractors approved in writing by Landlord, and maintained be in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance accordance with all applicable Governmental RequirementsLaws and the rules and regulations set forth in this Lease. If Tenant exercises its option under this subsection, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by upon Landlord. ’s request Tenant shall cause execute Landlord’s customary roof equipment license agreement, which agreement shall be consistent with the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify terms and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation conditions of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises caused by such work, and shall at all times maintain and repair the Equipment and wiring, including any required replacements thereofthis Section.

Roof Equipment. Tenant shall have Landlord hereby grants to Tenant, at Tenant’s expense, the right to use its prorata share of the available area install, use, maintain and operate on the roof designated by Landlord for of the purpose of locating and/or installing, at its own cost and expense, a Building one satellite dish, antenna and/or dish or similar antennae or telecommunications equipment (collectively "the “Roof Equipment"”) in accordance with the following: (a) The Roof Equipment shall be of a size and located in an area to be mutually agreed upon by Landlord and Tenant. (b) The Roof Equipment shall be for the sole use of Tenant and may be used only in connection with Tenant’s business within the Premises. Tenant shall provide upon request sufficient detail to ascertain that such equipment shall not be installed in a manner that will adversely affect other tenants of the Building. (c) The installation, use, maintenance, repair and operation of the Roof Equipment shall at all times comply with all applicable Requirements and any applicable provisions of the Lease (including without limitation Sections 7.1, 8.8, and 9.2). HoweverTenant shall obtain any approval required by any regulatory body having authority over the installation or operation of the Roof Equipment and upon Landlord’s request, if Landlord thereafter is required shall deliver evidence of same to use additional area on Landlord. (d) The installation of any Roof Equipment shall be considered to be an Alteration and shall be subject to all of the provisions of Section 9.2 of the Lease. Tenant shall maintain and repair the Roof Equipment in accordance with Section 9.1 of the Lease. Without limiting the generality of the foregoing, Tenant shall promptly repair, or at Landlord’s option, be responsible for the Landlord’s reasonable cost to repair, any damage to the roof or the Building caused by reason of the installation, use, maintenance, repair, operation or removal of the Roof Equipment. (e) Tenant and Tenant Parties shall have access to the roof in connection with order to install, use, maintain, repair, operate and remove the operation Roof Equipment. Such access shall be upon prior notice to Landlord and shall be subject to Landlord’s reasonable safeguards for the security and protection of the BuildingBuilding and the Systems and Equipment, which may include a requirement that a representative of Landlord be present. (f) If requested by Landlord, the Roof Equipment shall be installed or relocated in such a way, and no other area with appropriate screening materials, so as to minimize the visibility of the Roof Equipment from any vantage point on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and ground level of the Property or the public streets adjoining the Property. (g) Tenant shall remove its any Roof Equipment from such area and repair any damage caused therebyupon the expiration or earlier termination of this Lease. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises Property or the Building caused by such workthe removal of any Roof Equipment. Tenant acknowledges that Landlord hereby expressly disclaims any and all warranties, express or implied, relating in any way to the effectiveness and/or reception of Roof Equipment. (h) Tenant acknowledges that any roof penetrations are subject to Landlord’s prior approval and, at Landlord’s option, shall be done by Landlord’s roof contractor, at Tenant’s sole cost and expense. Tenant shall at protect, defend, indemnify and hold harmless Landlord from and against any and all times maintain claims, damages, liabilities, costs or expenses of every kind and repair nature (including without limitation reasonable attorneys’ fees) imposed upon or incurred by or asserted against Landlord arising out of the installation, use, maintenance, repair, operation or removal of Tenant’s Roof Equipment. (i) In the event that Landlord adds a third floor to the Building for use by a party other than Tenant, Landlord shall be solely responsible for the replacement or relocation of the Tenant’s then existing Roof Equipment so that Tenant’s use thereof is not impaired, which replacement or relocation shall be completed in accordance with this paragraph 3 and wiring, including any required replacements thereof.in a manner that minimizes the disruption of Tenant’s use and enjoyment of the Premises. [

Roof Equipment. Provided that this Lease is then in full force and effect and Tenant is not then in default under this Lease beyond any applicable notice and cure period, Tenant shall have be permitted, without any obligation to pay any additional Rent for such permission (except for the right costs expressly provided in this Section 35), subject to use its prorata share of the available area approval by all applicable governmental authorities, to install, maintain, replace and operate antennae, security equipment, satellite dish or dishes, and/or supplemental heating, ventilation and air-conditioning equipment on the roof designated of the 1001 Ridder Building and the 1717 Fox Building (collectively, the “Roof Equipment”), the size, weight and precise location of which shall be subject to Landlord’s prior written approval not to be unreasonably withheld, conditioned or delayed, and pursuant to plans, all of which have been approved in writing by Landlord for the purpose of locating and/or installing(which approval shall not be unreasonably withheld, conditioned or delayed), at its own Tenant’s sole cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on the roof in connection with the operation of the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and Tenant shall remove its Equipment from such area and repair any damage caused thereby. Tenant shall also have the rightobtain Landlord’s prior written consent, subject to the provisions of Article 5which consent shall not be unreasonably withheld, conditioned or delayed, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect any roof penetrations and any such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased penetrations permitted by Tenant. All such Equipment and connecting facilities Landlord shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved performed by Landlord’s contractors at Tenant’s expense. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the The installation, maintenance and operation of such the Roof Equipment shall be in accordance with the provisions of this Lease and connecting facilitiesshall be performed at Tenant’s sole cost and expense. TenantTenant will ensure that the Roof Equipment, and each part of them, will be installed by licensed contractors in accordance with all federal, state and local rules and building codes. Tenant will obtain, at its own costsole cost and expense, all Federal Communications Commission and other licenses or approvals required to install and operate the Roof Equipment and shall repair any and all damage to the BuildingRidder Park Technology Center (including, but not limited to, the roof and/or Demised Premises of the 1001 Ridder Building and the 0000 Xxx Xxxxxxxx) caused as a result of Tenant’s installation of the Roof Equipment. The Roof Equipment is and shall remain the property of Tenant or Tenant’s assignee, transferee or sublessee, and Landlord and Tenant agree that the Roof Equipment is not, and installation of the Roof Equipment at the Ridder Park Technology Center shall not cause the Roof Equipment to become, a fixture pursuant to this Lease or by operation of law. Tenant shall not be entitled to receive any income from any third-party individual or entity for the use of the Roof Equipment. Tenant shall be responsible for the operation, repair and maintenance of the Roof Equipment during the Term, at Tenant’s sole cost and expense, and upon the expiration or other termination of this Lease, Tenant shall remove the Roof Equipment and repair any and all damage to the Ridder Park Technology Center (including, but not limited to, the roof of the 1001 Ridder Building and the 0000 Xxx Xxxxxxxx) caused as a result of such removal. Tenant agrees to operate the Roof Equipment in such a manner so as not to unreasonably interfere with or impair the operation of other antennae or telecommunication equipment of Landlord or other tenants or occupants of the Ridder Park Technology Center. If Tenant’s use of the Roof Equipment shall cause such interference or impairment, Tenant shall, at its sole cost and expense, promptly eliminate such condition by relocating, adjusting or modifying the Roof Equipment. In the event Landlord repairs or replaces the roof during the Term, Tenant will relocate or, if necessary, remove the Roof Equipment from the roof at Tenant’s sole cost upon receipt of written request from Landlord during the time of such repair or replacement. Landlord shall use commercially reasonable efforts to avoid the removal of the Roof Equipment during any such repair or replacement of the roof. Tenant shall be able to place the Roof Equipment on the roof, at Tenant’s sole cost and expense, after Landlord completes repairing or replacing the roof. Landlord may have its representative present at the installation or any reinstallation of the Roof Equipment and the Roof Equipment shall be properly screened and shall not be visible by someone standing in the reasonable vicinity of the 1001 Ridder Building and the 0000 Xxx Xxxxxxxx. Xxxxxxxx assumes no liability or responsibility for interference with the Roof Equipment caused by such workother tenants placing similar equipment on the roof of any building in the Ridder Park Technology Center. The Roof Equipment shall be included within the coverage of all insurance policies required to be maintained by Tenant under the Lease and Tenant shall obtain at its cost all permits required by governmental authorities for the Roof Equipment. The Roof Equipment shall be used solely in connection with the business operations in the Premises, and shall at all times maintain and repair not be used by any party who is not a tenant of the Equipment and wiring, including any required replacements thereofPremises.

Roof Equipment. Tenant shall have the right to use its prorata share (excluding areas required by Landlord for the Building) of the available area on the roof designated by Landlord for the purpose of locating and/or installing, at its own cost and expense, a satellite dish, dish and /or antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on the roof in connection with the operation of the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and Tenant shall remove its Equipment from such area and repair any damage caused thereby. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) any option or additional space then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to unreasonably disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises caused by such work, and shall at all times maintain and repair the Equipment and wiring, including any required replacements thereof.

Roof Equipment. (a) Landlord hereby grants to Tenant, for Tenant's own use commencing on the Commencement Date and not for resale purposes, a license of an area of the roof above the 17th floor of the Building, as shown on Exhibit I to this Lease, containing approximately 700 square feet (the "Roof Space") for the installation by Tenant of (i) a floor packaged direct expansion water cooled air conditioning system, including a two cell, cross flow induced draft cooling tower with a capacity not in excess of 454 tons of condenser water and with pumps and auxiliary equipment ("Tenant's HVAC System") and (ii) Tenant's telecommunications equipment, antenna and satellite dish (collectively, together with related cabling, pumps, mountings and supports, the "Roof Equipment"), at a location or locations within the Roof Space reasonably designated by Landlord and reasonably acceptable to Tenant. In connection therewith, and subject to the rights of other existing tenants in the Building, Landlord shall make available to Tenant reasonable access to the roof for the construction, installation, upgrade, maintenance, repair, operation and use of the Roof Equipment. Tenant shall have be responsible for all reinforcement and bracing, if any, reasonably required by Landlord to enable the roof of the Building to support the Roof Equipment. If any of the Roof Equipment generates noise likely, in Landlord's reasonable judgment, to disturb other tenants or occupants of the Building, then Tenant shall install sound attenuated acoustic enclosures reasonably satisfactory to Landlord designed to eliminate such noise or reduce such noise to acceptable levels. If Tenant requires riser space for conduit connecting the Premises to the Roof Equipment, Landlord shall make available to Tenant, for Tenant's use solely in connection with the Roof Equipment, in the "Center Shaft" as shown on the floor plan attached as Exhibit R, riser space sufficient for the installation, at Tenant's expense, of telecommunications lines, cabling and supply and condenser water return lines reasonably required for the operation of the Roof Equipment, as more particularly set forth in Section 9.8. All work in connection with the installation of such riser, including core drilling, if required, shall be performed by Tenant at Tenant's sole cost and expense, including the reasonable cost of a fire watch and related supervisory costs relating to any core drilling, which shall be performed in such a manner and at such times as Landlord shall reasonably prescribe. Landlord shall make available to Tenant reasonable access within the core for purposes of such installation work. References herein to the Roof Equipment shall be deemed to include such riser and any conduits therein. (b) The installation of the Roof Equipment shall constitute an Alteration and shall be performed by Tenant at Tenant's sole cost and expense (including any costs and expenses in connection with reinforcing the roof of the Building, if required) in accordance with and subject to the provisions of Article 3. Tenant shall pay a license fee to Landlord for the Roof Space, as Additional Rent in advance on the first day of each month during the Term, as follows: (i) during the period from the Commencement Date through the day before the fifth (5th) anniversary of the Commencement Date, the product of the square foot area of the Roof Space, multiplied by Eighteen and 00/100 Dollars ($18.00), (ii) during the period from the fifth (5th) anniversary of the Commencement Date through the day before the tenth (10th) anniversary of the Commencement Date, the product of the square foot area of the Roof Space, multiplied by Twenty-One and 00/100 Dollars ($21.00), and (iii) during the period from the tenth (10th) anniversary of the Commencement Date through the Expiration Date, the product of the square foot area of the Roof Space, multiplied by Twenty-Four and 00/100 Dollars ($24.00). All of the provisions of this Lease shall apply to the installation, use and maintenance of the Roof Equipment, including all provisions relating to compliance with Legal Requirements (including all FCC rules and regulations), insurance, indemnity, repairs and maintenance. The license granted to Tenant in this Section 9.7 shall not be assignable by Tenant separately from this Lease. (c) Landlord retains the right to use its prorata share the portion of the available roof on which the Roof Equipment is located for any purpose whatsoever. Tenant shall have reasonable access to the Roof Equipment at all times, and Landlord shall not interfere with Tenant's use of the Roof Equipment so as to cause Tenant's operation thereof to be materially interrupted or impaired. Tenant shall use the Roof Equipment so as not to cause any material interference with Landlord's use of the roof, including the use by Landlord or other tenants or occupants of the Building of other equipment thereon (including data transmission or other similar or dissimilar equipment), or damage to or interference with the operation of the Building or the Building Systems. If any of Tenant's Roof Equipment materially interferes with any equipment installed by Landlord or any tenant leasing space in the Building as of the date of this Lease, or interferes with the operation of the Building or the Building Systems, then Tenant, at its sole cost and expense, shall take all steps necessary to eliminate such interference, and if Tenant shall fail to eliminate such interference, Tenant shall relocate the Roof Equipment to another area on the roof reasonably designated by Landlord. Notwithstanding the foregoing, if Landlord shall require Tenant to relocate Tenant's cooling tower pursuant hereto, Landlord shall bear all costs and expenses in connection with such relocation, and Landlord shall provide condenser water to Tenant on an interim basis until Tenant's cooling tower is relocated and operational. In the event Tenant fails, within ten (10) days after notice, to relocate or remove the Roof Equipment, Landlord may do so, and Tenant shall promptly reimburse Landlord for any costs and expenses incurred by Landlord in connection therewith. If such interference or disturbance still occurs despite such relocation, or if Landlord shall determine, in its reasonable judgment, that the Roof Equipment (i) may cause a health hazard or danger to property, or (ii) is not in accordance with governmental or quasi-governmental standards for non-ionizing radiation for occupational and/or general public levels, then Tenant, at its sole cost and expense, shall promptly remove the Roof Equipment from the roof of the Building. (d) Landlord may at its option, at any time during the Term after reasonable prior notice to Tenant (except in the event of an emergency) relocate the Roof Equipment to another area on the roof designated by Landlord, provided that such relocation of the Roof Equipment does not cause the operation thereof to be interrupted or impaired, other than temporarily, and except as set forth in Section 9.7(c), such relocation is performed at Landlord's sole cost and expense. Landlord shall use reasonable efforts to minimize the duration of such interruption, and agrees to employ contractors or labor at overtime or other premium pay rates and to incur other reasonable overtime costs and additional expenses, provided that Tenant shall first pay to Landlord Landlord's reasonable estimate of all incremental cost increases to do so. In such event Tenant shall pay, as Additional Rent upon presentation of appropriate invoices, all additional costs incurred by Landlord in connection therewith. (e) Landlord shall not have any obligations with respect to the Roof Equipment or compliance with any Legal Requirements (including the obtaining of any required permits or licenses, or the maintenance thereof) relating thereto, nor shall Landlord be responsible for any damage that may be caused to Tenant or the purpose Roof Equipment by any other tenant or occupant of locating and/or installingthe Building. Landlord makes no representation that the Roof Equipment (if same includes communications equipment) will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof) and Tenant agrees that Landlord shall not be liable to Tenant therefor. Notwithstanding the foregoing, upon request by Tenant, Landlord, at its own Tenant's cost and expense, a satellite dishshall join in any applications for any permits, antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is approvals or certificates from any Governmental Authority required to use additional area on the roof be obtained by Tenant, and shall sign such applications reasonably promptly after request by Tenant, and shall otherwise cooperate with Tenant in connection with the operation of the Buildingtherewith, provided that Landlord shall not be obligated to incur any cost or expense (other than incidental administrative expenses), including attorneys' fees and no other area on the roof is then available for such purposedisbursements, Tenant's prorata share thereof shall be reduced accordingly and or suffer or incur any liability, in connection therewith. (f) Tenant shall remove its Equipment from such area and repair (i) be solely responsible for any damage caused thereby. Tenant shall also have as a result of its use of the rightRoof Equipment, subject to the provisions of Article 5(ii) promptly pay any tax, to install in the Building core arealicense, risers, ducts, conduits permit or other facilities, necessary fees or charges imposed pursuant to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or Legal Requirements relating to the installation, maintenance or use of the Roof Equipment, (iii) promptly comply with all precautions and operation safeguards required by Landlord's insurance company and all Governmental Authorities, and (iv) promptly and diligently perform all necessary repairs or replacements to, or maintenance of, the Roof Equipment, provided, however, that if Tenant's failure after five (5) days' notice from Landlord to so repair, replace or maintain the Roof Equipment materially jeopardizes in any way Landlord's or any other tenant's property located on the roof or within the Building, Landlord may, at Landlord's option, elect to perform such repairs, replacements or maintenance at Tenant's sole cost and expense. Landlord shall give Tenant reasonable prior notice of its election to perform such repairs, except in an emergency. (g) The privileges granted Tenant under this Section 9.7 merely constitute a license and shall not, now or at any time after the installation of the Roof Equipment, be deemed to grant Tenant a leasehold or other real property interest in the Building or any portion thereof, including the Building's roof. The license granted to Tenant in this Section 9.7 shall continue until and automatically terminate and expire upon the expiration or earlier termination of this Lease and the termination of such Equipment license shall be self-operative and connecting facilitiesno further instrument shall be required to effect such termination. Notwithstanding the foregoing, upon request by Landlord, Tenant, at its own costTenant's sole cost and expense, shall repair promptly execute and deliver to Landlord, in recordable form, any damage certificate or other document reasonably required by Landlord confirming the termination of Tenant's right to use the roof of the Building upon the expiration or sooner termination of this Lease. (h) The Roof Equipment shall be treated for all purposes of this Lease as Tenant's Property. If requested by Landlord, Tenant shall cause the Roof Equipment and all equipment and installations appurtenant thereto to be designated as one or more separate tax lots by the City of New York for all purposes of assessment and payment of Taxes, and Tenant shall pay all Taxes imposed thereon directly to the Buildingtaxing authorities, roof and/or Demised Premises caused without deduction or offset against Rent under this Lease. If for any reason Tenant fails (with or without Landlord's consent thereto) to so cause the Roof Equipment to be designated as one or more separate tax lots, Tenant shall pay to Landlord monthly, as Additional Rent upon demand, the amount, determined by such workLandlord in its reasonable discretion, and shall at all times maintain and repair by which Taxes imposed upon the Equipment and wiring, including any required replacements thereofBuilding have been increased on account of Tenant's installation of the Roof Equipment.

Roof Equipment. Provided that this Lease is then in full force and effect and Tenant is not then in default under this Lease beyond any applicable notice and cure period, Tenant shall have be permitted, without any obligation to pay any additional Rent for such permission (except for the right costs expressly provided in this Section 35), subject to use its prorata share of the available area approval by all applicable governmental authorities, to install, maintain, replace and operate antennae, security equipment, satellite dish or dishes on the roof designated of the 000 Xxxx Xxxxx Building and the 000 Xxxx Xxxxx Building (collectively, the “Roof Equipment”), the size, weight and precise location of which shall be subject to Landlord’s prior written approval not to be unreasonably withheld, conditioned or delayed, and pursuant to plans, all of which have been approved in writing by Landlord for the purpose of locating and/or installing(which approval shall not be unreasonably withheld, conditioned or delayed), at its own Tenant’s sole cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on the roof in connection with the operation of the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and Tenant shall remove its Equipment from such area and repair any damage caused thereby. Tenant shall also have the rightobtain Landlord’s prior written consent, subject to the provisions of Article 5which consent shall not be unreasonably withheld, conditioned or delayed, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect any roof penetrations and any such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased penetrations permitted by Tenant. All such Equipment and connecting facilities Landlord shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved performed by Landlord’s contractors at Tenant’s expense. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the The installation, maintenance and operation of such the Roof Equipment shall be in accordance with the provisions of this Lease and connecting facilitiesshall be performed at Tenant’s sole cost and expense. TenantTenant will ensure that the Roof Equipment, and each part of them, will be installed by licensed contractors in accordance with all federal, state and local rules and building codes. Tenant will obtain, at its own costsole cost and expense, all Federal Communications Commission and other licenses or approvals required to install and operate the Roof Equipment and shall repair any and all damage to the Project (including, but not limited to, the roof of the 000 Xxxx Xxxxx Building and the 000 Xxxx Xxxxx Building) caused as a result of Tenant’s installation of the Roof Equipment. The Roof Equipment is and shall remain the property of Tenant or Tenant’s assignee, transferee or sublessee, and Landlord and Tenant agree that the Roof Equipment is not, and installation of the Roof Equipment at the Project shall not cause the Roof Equipment to become, a fixture pursuant to this Lease or by operation of law. Tenant shall not be entitled to receive any income from any third-party individual or entity for the use of the Roof Equipment. Tenant shall be responsible for the operation, repair and maintenance of the Roof Equipment during the Term, at Tenant’s sole cost and expense, and upon the expiration or other termination of this Lease, Tenant shall remove the Roof Equipment and repair any and all damage to the Project (including, but not limited to, the roof and/or Demised Premises of the 000 Xxxx Xxxxx Building and the 000 Xxxx Xxxxx Building) caused as a result of such removal. Tenant agrees to operate the Roof Equipment in such a manner so as not to unreasonably interfere with or impair the operation of other antennae or telecommunication equipment of Landlord or other tenants or occupants of the Project. If Tenant’s use of the Roof Equipment shall cause such interference or impairment, Tenant shall, at its sole cost and expense, promptly eliminate such condition by relocating, adjusting or modifying the Roof Equipment. In the event Landlord repairs or replaces the roof during the Term, Tenant will relocate or, if necessary, remove the Roof Equipment from the roof at Tenant’s sole cost upon receipt of written request from Landlord during the time of such repair or replacement. Landlord shall use commercially reasonable efforts to avoid the removal of the Roof Equipment during any such repair or replacement of the roof. Tenant shall be able to place the Roof Equipment on the roof, at Tenant’s sole cost and expense, after Landlord completes repairing or replacing the roof. Landlord may have its representative present at the installation or any reinstallation of the Roof Equipment and the Roof Equipment shall be properly screened and shall not be visible by someone standing in the reasonable vicinity of the 000 Xxxx Xxxxx Building and the 000 Xxxx Xxxxx Building. Landlord assumes no liability or responsibility for interference with the Roof Equipment caused by such workother tenants placing similar equipment on the roof of any building in the Project. The Roof Equipment shall be included within the coverage of all insurance policies required to be maintained by Tenant under the Lease and Tenant shall obtain at its cast all permits required by governmental authorities for the Roof Equipment. The Roof Equipment shall be used solely in connection with the business operations in the Premises, and shall at all times maintain and repair not be used by any party who is not a tenant of the Equipment and wiring, including any required replacements thereofPremises.

Roof Equipment. (a) Landlord hereby grants to Tenant, for Tenant’s own use and not for resale purposes, a license of sufficient space on the roof of the Building, at a location to be designated by Landlord in its sole discretion and more particularly described on Exhibit E to be annexed hereto (the “Roof Space”), for the installation by Tenant of (i) Tenant’s HVAC System, including dry coolant condensers, chillers and related HVAC equipment for Tenant’s equipment in the Premises, (ii) Tenant’s computer system, and (iii) Tenant’s Generator (as defined in Section 9.10) (together with related cabling, pumps, mountings and supports for all of the foregoing, collectively, the “Roof Equipment”). In connection therewith, and subject to the rights of other existing tenants in the Building, Landlord shall make available to Tenant reasonable access to the roof for the construction, installation, upgrade, maintenance, repair, operation and use of the Roof Equipment. If any of the Roof Equipment generates noise likely, in Landlord’s reasonable judgment, to disturb other tenants or occupants of the Building, then Tenant shall have install sound attenuated acoustic enclosures reasonably satisfactory to Landlord designed to eliminate such noise or reduce such noise to acceptable levels. If Tenant requires riser space for conduits connecting the Premises to the Roof Equipment. Landlord shall make available to Tenant, in accordance with Section 9.11, for Tenant’s use solely in connection with the Roof Equipment, at a location or locations determined by Landlord in its sole judgment, riser space sufficient for the installation, at Tenant’s expense, of electrical conduits, a fuel line, and telecommunications, cabling, and supply and return lines reasonably required for the operation of the Roof Equipment. Tenant shall pay Landlord’s annual charge for such conduit as provided in Section 9.11, and all work in connection with the installation of such conduit shall be performed as provided in Section 9.11. References herein to the Roof Equipment shall be deemed to include such riser and any conduit therein. (b) The installation of the Roof Equipment shall constitute an Alteration and shall be performed by Tenant at Tenant’s sole cost and expense (including any actual costs and expenses in connection with reinforcing the roof of the Building, if required) in accordance with and subject to the provisions of Article 3. Tenant shall pay a license fee to Landlord for the Roof Space, as Additional Rent in advance on the first day of each month during the Term, as follows (i) during the period from the Commencement Date through the day before the fifth (5th) anniversary of the Commencement Date, the product of the square foot area of the Roof Space, multiplied by Eighteen and 00/100 Dollars ($18.00), and (ii) during the period from the fifth (5th) anniversary of the Commencement Date through the Expiration Date, the product of the square foot area of the Roof Space, multiplied by Twenty-One and 00/100 Dollars ($21.00). All of the provisions of this Lease shall apply to the installation, use and maintenance of the Roof Equipment, including all provisions relating to compliance with Legal Requirements, insurance, indemnity, repairs and maintenance. The license granted to Tenant in this Section 9.9 shall not be assignable by Tenant separately from this Lease. The Roof Equipment shall be treated for all purposes of this Lease as Tenant’s Property. (c) Landlord retains the right to use its prorata share the portion of the available roof on which the Roof Equipment is located for any purpose whatsoever, provided such use shall not materially interfere with the functioning of the Roof Equipment. Tenant shall have reasonable access to the Roof Equipment at all times, and Landlord shall not interfere with, the use of the Roof Equipment so as to cause the operation thereof to be materially interrupted or impaired. Tenant shall use the Roof Equipment so as not to cause any interference to Landlord’s use of the roof, including the use by Landlord or other tenants or occupants of the Building of other equipment thereon (including data transmission or other similar or dissimilar equipment), or damage to or interference with the operation of the Building or the Building Systems. If any of Tenant’s Roof Equipment interferes with any equipment installed by Landlord or any other tenant in the Building, or interferes with the operation of the Building or the Building Systems, then Tenant, at its sole cost and expense, shall take all steps necessary to eliminate such interference, and if Tenant shall fail to eliminate such interference, Tenant shall relocate the Roof Equipment to another area on the roof designated by Landlord. In the event Tenant fails, within thirty (30) days after notice, to relocate or remove the Roof Equipment, Landlord may do so, and Tenant shall promptly reimburse Landlord for the purpose of locating and/or installingany costs and expenses incurred by Landlord in connection therewith. (d) Landlord may at its option, at its own cost and expense, a satellite dish, antenna and/or telecommunications equipment any time during the Term upon not less than forty-five (collectively "Equipment"). However, if Landlord thereafter is required 45) days prior notice to use additional Tenant (except in the event of an emergency) relocate the Roof Equipment to another area on the roof designated by Landlord, provided that such relocation of the Roof Equipment does not cause the operation thereof to be interrupted or impaired, other than temporarily, and except as set forth in Section 9.9(c), such relocation is performed at Landlord’s sole cost and expense. Landlord shall use reasonable efforts to minimize the duration of such interruption provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, unless Tenant shall first pay to Landlord Landlord’s reasonable estimate of all incremental cost increases to do so. In such event Tenant shall pay, as Additional Rent upon presentation of appropriate invoices, all additional costs incurred by Landlord in connection therewith. (e) Landlord shall not have any obligations with respect to the operation Roof Equipment or compliance with any Legal Requirements (including the obtaining of any required permits or licenses, or the maintenance thereof) relating thereto, nor shall Landlord be responsible for any damage that may be caused to Tenant or the Roof Equipment by any other tenant or occupant of the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and . (f) Tenant shall remove its Equipment from such area and repair (i) be solely responsible for any damage caused thereby. Tenant shall also have as a result of the rightuse of the Roof Equipment, subject to the provisions of Article 5(ii) promptly pay any tax, to install in the Building core arealicense, risers, ducts, conduits permit or other facilities, necessary fees or charges imposed pursuant to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or Legal Requirements relating to the installation, maintenance or use of the Roof Equipment, (iii) promptly comply with all precautions and operation safeguards recommended by Landlord’s insurance company and all Governmental Authorities, and (iv) promptly and diligently perform all necessary repairs or replacements to, or maintenance of, the Roof Equipment, provided, however, that if Tenant’s failure after twenty (20) days’ notice from Landlord to so repair, replace or maintain the Roof Equipment materially jeopardizes in any way Landlord’s or any other tenant’s property located on the roof or within the Building, Landlord may, at Landlord’s option, elect to perform such repairs, replacements or maintenance at Tenant’s sole cost and expense. Landlord shall give Tenant reasonable prior notice of its election to perform such repairs, except in an emergency. (g) The privileges granted Tenant under this Section 9.9 merely constitute a license and shall not, now or at any time after the installation of the Roof Equipment, be deemed to grant Tenant a leasehold or other real property interest in the Building or any portion thereof, including the Building’s roof. The license granted to Tenant in this Section 9.9 shall continue until and automatically terminate and expire upon the expiration or earlier termination of this Lease and the termination of such Equipment license shall be self-operative and connecting facilitiesno further instrument shall be required to effect such termination. For so long as this Lease shall be in full force and effect, Landlord will not terminate the license granted to Tenant hereby. Notwithstanding the foregoing, upon request by Landlord, Tenant, at its own costTenant’s sole cost and expense, shall repair promptly execute and deliver to Landlord, in recordable form, any damage certificate or other document reasonably required by Landlord confirming the termination of Tenant’s right to use the roof of the Building. (h) The Roof Equipment shall be treated for all purposes of this Lease as Tenant’s Alterations, provided that Tenant shall in no event remove the Roof Equipment on the Expiration Date or sooner termination of this Lease. If requested by Landlord, Tenant shall cause Roof Equipment and all equipment and installations appurtenant thereto to be designated as one or more separate tax lots by the City of New York for all purposes of assessment and payment of Taxes, and Tenant shall pay all Taxes imposed thereon directly to the Buildingtaxing authorities, roof and/or Demised Premises caused without deduction or offset against Rent under this Lease. If for any reason Tenant fails (with or without Landlord’s consent thereto) to so cause Roof Equipment to be designated as one or more separate tax lots. Tenant shall pay to Landlord monthly, as Additional Rent upon demand, the amount determined by such workLandlord in its reasonable discretion, and shall at all times maintain and repair by which Taxes imposed upon the Equipment and wiring, including any required replacements thereofBuilding have been increased on account of Tenant’s installation of the Roof Equipment.

Roof Equipment. Subject to the provisions of this Lease, during the Term, Tenant may, at its sole cost, install, maintain, and from time to time replace antennae on the roof of the Building (collectively, “Roof Equipment”), at no additional rental expense to Tenant (other than reimbursing Landlord for any costs reasonably incurred by Landlord in connection with the exercise by Tenant of any rights granted to Tenant under this Section 41); provided, however, that (i) Tenant shall obtain Landlord’s prior written approval of the proposed size, weight and location of the Roof Equipment and method for fastening the same to the roof, (ii) Tenant shall, at its sole cost, comply with reasonable requirements imposed by Landlord and all Legal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) Tenant shall be responsible for paying for any structural upgrades that may be reasonably required by Landlord in connection with the Roof Equipment, and (iv) Tenant shall remove, at its expense, at the expiration or earlier termination of this Lease, any Roof Equipment which Landlord requires to be removed. Landlord shall have the right to use its prorata share of the available area on the supervise any roof designated by Landlord for the purpose of locating and/or installing, at its own cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on the roof in connection with the operation of the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and Tenant shall remove its Equipment from such area and repair any damage caused therebypenetration. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. The Roof Equipment shall remain the property of Tenant. Landlord shall give Tenant written notice and 30 days to cure such workinterference before requiring Tenant to remove any Roof Equipment. Tenant shall install, and shall at all times use, maintain and repair the Equipment Roof Equipment, and wiringuse the access areas, so as not to damage or interfere with the operation of the Building or with the occupancy or activities of any other tenant of the Building. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including any required replacements thereofattorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. Tenant’s right to use the roof as contemplated in this Section 41 shall be non-exclusive until such time as Tenant leases the entire Building.

Roof Equipment. Subject to the provisions of this Lease, Tenant may, at its sole cost, install, maintain, and from time to time replace a communication dish weighing up to 50 pounds and having a diameter or height of up to 20 inches and other related equipment on the roof of the Building (collectively, “Roof Equipment”) in a location reasonably selected by Tenant and reasonably acceptable to Landlord for Tenant’s own communication purposes only; provided, however, that (i) Tenant shall obtain Landlord’s prior written approval with respect to the method of installation of such Roof Equipment which approval shall not be unreasonably withheld, conditioned or delayed and shall include consideration all relevant factors including, without limitation, the proposed location of the Roof Equipment and method for fastening the same to the roof, (ii) Tenant shall, at its sole cost, comply with any reasonable requirements imposed by Landlord and all applicable Legal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, and (iii) Tenant shall remove, at its expense, at the expiration or earlier termination of this Lease, any Roof Equipment which Landlord requires to be removed. Landlord shall have the right to supervise any roof penetration. Tenant may not access the roof without a representative of Landlord (who shall be reasonably available) being present. Tenant shall repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. Tenant shall remove any Roof Equipment at its cost upon expiration or termination of the Lease. Tenant shall install, use, maintain and repair the Roof Equipment, and use the access areas, so as not to damage or interfere with the operation of the Building. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including reasonable attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. Landlord agrees that it will not allow any rooftop user after Tenant’s installation of the Roof Equipment to install equipment on the roof on the Building which unreasonably interferes with Tenant’s Roof Equipment. Except for the costs and expenses specifically provided for in this Section 43, there will be no additional rental or similar charge for Tenant’s use of the roof for the Roof Equipment. Notwithstanding anything to the contrary contained herein, if Landlord and Tenant mutually agree to do so, Landlord shall have the right, to install, maintain, repair and remove solar rooftop photo voltaic systems on the roof of the Building (“Solar Roof Systems”) at any time during the Term, in locations acceptable to Landlord, in its reasonable discretion. The initial cost to install the Solar Roof Systems shall be split 50/50 between Landlord and Tenant and Landlord’s 50% share of such initial costs shall not be included as part of Operating Expenses. If the decision to install the Solar Roof Systems is made prior to the completion of the Preliminary Drawings (as defined in the Work Letter), Tenant shall have the right to use its prorata the TI Allowance to pay for Tenant’s share of the available area on the roof designated by Landlord for the purpose of locating and/or installing, at its own cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on the roof in connection with the operation of the BuildingSolar Roof Systems. The cost to operate, repair and no other area on maintain the Solar Roof Systems shall be included in Building Operating Expenses. Landlord will install any Solar Roof Systems in a manner which ensures that the structural integrity of the roof is then available for such purposemaintained and the roof remains water tight, Tenant's prorata share thereof shall be reduced accordingly and Tenant shall remove its Equipment from such area and Landlord will repair any damage caused therebyby the installation of the Solar Roof Systems at its sole cost. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall Any installation will be installed and maintained performed in a manner not to disturb the other tenants that minimizes interference with Tenant’s use and business operations in the Building, Premises. Tenant will have the operation of right to use the Building systems therein, power generated by such Solar Roof Systems for its operations in compliance with all applicable Governmental Requirementsthe Premises, and subject to plans showing the type of Equipment and connecting facilities to any excess power may be installed and its location and manner of installation, such plans to be approved sold or used by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises caused by such work, and shall at all times maintain and repair the Equipment and wiring, including any required replacements thereofas it deems appropriate.

Roof Equipment. Subject to the provisions of this Lease, Tenant may, at its sole cost, install, maintain, and from time to time replace a satellite dish and/or antenna, security cameras and other equipment consistent with the Permitted Use of the Premises (e.g., supplemental HVAC) on the roof of the Building (collectively, “Roof Equipment”), at no additional rental expense to Tenant (other than reimbursing Landlord for any costs incurred by Landlord in connection with the exercise by Tenant of any rights granted to Tenant under this Section 42); provided, however, that (i) Tenant shall obtain Landlord’s prior written approval of the proposed size, weight and location of the Roof Equipment and method for fastening the same to the roof, (ii) Tenant shall, at its sole cost, comply with reasonable requirements imposed by Landlord and all Legal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) Tenant shall be responsible for paying for any structural upgrades that may be required by Landlord in connection with the Roof Equipment, and (iv) Tenant shall remove, at its expense, at the expiration or earlier termination of this Lease, any Roof Equipment which Landlord requires to be removed. Landlord shall have the right to use its prorata share of the available area on the supervise any roof designated by Landlord for the purpose of locating and/or installing, at its own cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on the roof in connection with the operation of the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and Tenant shall remove its Equipment from such area and repair any damage caused therebypenetration. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment. The Roof Equipment shall remain the property of Tenant. Tenant shall remove the Roof Equipment at its cost upon expiration or termination of the Lease or sooner, at the request of Landlord, if any of the same unreasonably interferes, as determined by Landlord, with the operation of any other tenant’s use of the Project. Landlord shall give Tenant written notice and 30 days to cure such workinterference before requiring Tenant to remove any Roof Equipment; provided, and however, that if such interference causes Landlord to be in default under any other lease, Landlord may shorten the cure period as necessary to avoid being in default under such other lease. Tenant shall at all times install, use, maintain and repair the Equipment Roof Equipment, and wiringuse the access areas, so as not to damage or interfere with the operation of the Building or with the occupancy or activities of any other tenant of the Building. Tenant shall protect, defend, indemnify and hold harmless Landlord 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 Roof Equipment. Tenant’s right to use the roof as contemplated in this Section 42 is not exclusive and Tenant may not install any required replacements thereofRoof Equipment on the roof which is not directly and solely related to Tenant’s operations at the Premises. Tenant shall not have any right to place Roof Equipment on more than Tenant’s pro rata share of the space the roof available to tenants of the Project for the installation of Roof Equipment.

Roof Equipment. Tenant, at its sole cost and expense and subject to all applicable laws, codes and regulations and the provisions of this Section 2.7, may install on the roof of the Building and operate during the term antennae and other communications equipment, supplemental HVAC equipment and other roof-top equipment serving the Premises (“Roof Equipment”) of the type customarily installed on the roofs of first-class buildings comparable to the Building by tenants occupying premises therein and used exclusively for uses substantially the same as the Permitted Uses; provided that the aggregate amount of space on the roof (on a per square foot basis) that may be used by Tenant for its Roof Equipment shall not exceed Tenant’s Percentage of the total amount of space on the roof that is available for the roof equipment of all tenants of rentable areas of the Building, as reasonably determined by Landlord, and that the location of Tenant’s Roof Equipment shall be reasonably designated by Landlord. Tenant also shall have the right to use run cables, piping and lines (“Lines”) from its prorata share Roof Equipment to the Premises using the common shafts, chases, risers and conduits of the Building intended for such purpose to the extent that the same may be available area on after meeting Landlord’s reasonable requirements for the Building. Landlord makes no representations, express or implied, that the roof designated by Landlord of the Building is suitable for the purpose installation or operation of locating and/or installingany Roof Equipment. All Roof Equipment shall be subject to Landlord’s approval, which shall not be unreasonably withheld or delayed. The design and installation of Tenant’s Roof Equipment shall be performed in accordance with Section 6.2.5 and Exhibit C, any requirements of Landlord’s insurance carrier(s), and all other applicable provisions of this Lease. Tenant agrees that Landlord may require Tenant to paint Tenant’s Roof Equipment in a color selected by Landlord, in addition to any requirements imposed by applicable law or governmental authority. Landlord shall have no obligation to furnish any utilities or services to the Roof Equipment or to make any alterations, repairs or replacements to any portion of the Building or Property in order to accommodate the installation or operation of any Roof Equipment. All electricity and other utilities required to operate the Roof Equipment shall be either separately metered or submetered, as Landlord determines, and Tenant shall pay the costs of such utilities, as measured by such meter(s) or submeter(s) to Landlord, as Additional Rent, or directly to the utility supplier, as applicable. Tenant agrees that it shall be required, at its own is sole cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if to perform any roof reinforcement reasonably required by Landlord thereafter is required to use additional area accommodate the weight of any Roof Equipment on the Building roof. Under no circumstances shall Tenant make any roof penetrations other than as expressly approved by Landlord in connection writing in advance, which approval shall not be unreasonably withheld or delayed provided such requested penetrations shall not adversely affect the integrity or weather-tightness of the roof or roof membrane or void or limit any warranties or guaranties with respect to the roof or roof membrane. During the term, Tenant shall, at its sole cost and expense, perform all repairs and maintenance to the Roof Equipment and Lines necessary to keep the same in good working order, appearance and condition, reasonable use and wear thereof excepted, and Tenant shall promptly repair any damage to the Building or Property caused by the installation or operation of the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and Tenant shall remove its Roof Equipment from such area and repair any damage caused therebyor Lines. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such operate its Roof Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlordlegal requirements. Tenant shall cause not relocate or modify any of the Roof Equipment or Lines without, in each instance, obtaining Landlord’s prior written approval to such relocation or modification which shall not be unreasonably withheld or delayed. All Roof Equipment installed by Tenant on the Building roof shall service the Premises only, and Tenant shall not permit any other person or firm to make use of any such Roof Equipment. Unless Landlord shall agree otherwise in writing, Tenant shall, prior to the expiration or earlier termination of the term of this Lease, remove all of its Roof Equipment and all Lines, repair any damage caused by such removal, and restore the portion of the roof where the Roof Equipment was installed to a condition substantially the same as existed prior to the installation of the Roof Equipment. The provisions of Section 6.1.9 shall apply to any area affected hereby as if it were part of the Premises. At Tenant’s written request made at the time Tenant requests Landlord’s approval of any Roof Equipment, Landlord shall advise Tenant whether Tenant may leave such Roof Equipment in place at the expiration or earlier termination of the term. Landlord reserves the right, upon reasonable notice to Tenant, to require Tenant to relocate all or any of the Roof Equipment to be covered under another portion of the roof reasonably designated by Landlord (i) at Tenant's liability insurance policy’s sole cost and expense, if such relocation is necessary for Landlord to perform any repairs, renovations, improvements or additions to the Building or Property, or (ii) at Landlord’s sole cost and expense if Landlord requires the relocation of the Roof Equipment for any reason other than as specified in the preceding clause (i). Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating be entitled to obtain access to the installationRoof Equipment both during and outside of Normal Building Operating Hours (as defined in the Rules and Regulations), maintenance but only if Tenant shall have given Landlord reasonable advance notice of the need therefor if practical, and if not practical, Tenant shall give notice thereof promptly thereafter. Tenant shall not allow any antennae or other Roof Equipment installed by Tenant to interfere with any equipment installed or operating in or from the Building as of the date Tenant commences operation of, or shall subsequently modify, such Roof Equipment. If Landlord determines that any of Tenant’s Roof Equipment interferes any such pre-existing equipment, Landlord may require Tenant to discontinue operation of such Roof Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises caused by until such work, and shall at all times maintain and repair the Equipment and wiring, including any required replacements thereoftime as it may be operated without causing such interference.

Roof Equipment. (a) Landlord hereby grants to Tenant, for Tenant's own use and not for resale purposes, a non-exclusive license of sufficient space on the roof of the Building, at a location designated by Landlord in its sole discretion (the "Roof Space") for the installation by Tenant of (i) the Antenna Equipment (as defined in Section 9.10), (ii) Tenant's HVAC System (together with any dry coolant condensers, chillers and related HVAC equipment), and (iii) Tenant's Generators (as defined in Section 9.11) (together with related cabling, pumps, mountings and supports for all of the foregoing, collectively, the "Roof Equipment"), at a location or locations designated by Landlord. In connection therewith, and subject to the rights of any tenant leasing space in the Building as of the date of this Lease, Landlord shall make available to Tenant reasonable access to the roof for the construction, installation, upgrade, maintenance, repair, operation and use of the Roof Equipment. If any of the Roof Equipment generates noise which is likely, in Landlord's reasonable judgment, to disturb other tenants or occupants of the Building or the surrounding buildings, then Tenant shall have install sound attenuated acoustic enclosures reasonably satisfactory to Landlord designed to eliminate such noise or reduce such noise to acceptable levels. If Tenant requires riser space for conduit connecting the Premises to the Roof Equipment, Landlord shall make available to Tenant, for Tenant's use solely in connection with the Roof Equipment, at a location or locations determined by Landlord in its sole judgment, riser space sufficient for the installation of telecommunications lines, cabling and supply and return lines reasonably required for the operation of the Roof Equipment. Tenant shall pay Landlord's annual charge for such conduit as provided in Section 9.12, and all work in connection with the installation of such conduit shall be performed as provided in Section 9.12. References herein to the Roof Equipment shall be deemed to include such riser and any conduit therein. (b) The installation of the Roof Equipment shall be performed by Tenant at Tenant's sole cost and expense (including any actual costs and expenses in connection with reinforcing the roof of the Building, if required, subject to Section 9.12) in accordance with and subject to the provisions of Article 3. Tenant shall pay a license fee to Landlord for the Roof Space, as Additional Rent in advance on the first day of each month during the Term, as follows (i) during the period from the Rent Commencement Date through the day before the fifth (5th) anniversary of the Rent Commencement Date, one-twelfth (1/12) of the product of the usable square foot area of the Roof Space, multiplied by Fifteen and 00/100 Dollars ($15.00) per annum, (ii) during the period from the fifth (5th) anniversary of the Rent Commencement Date through the day before the tenth (10th) anniversary of the Rent Commencement Date, one-twelfth (1/12) of the product of the usable square foot area of the Roof Space, multiplied by Eighteen and 00/100 Dollars ($18.00) per annum, and (iii) during the period from the tenth (10th) anniversary of the Rent Commencement Date through the Expiration Date, one-twelfth (1/12) of the product of the usable square foot area of the Roof Space, multiplied by Twenty-One and 00/100 Dollars ($21.00) per annum. All of the provisions of this Lease shall apply to the installation, use and maintenance of the Roof Equipment, including all provisions relating to compliance with Legal Requirements, insurance, indemnity, repairs and maintenance. The license granted to Tenant in this Section 9.9 shall not be assignable by Tenant separately from this Lease. (c) Landlord retains the right to use its prorata share the portion of the available roof on which the Roof Equipment is located for any purpose whatsoever, provided such use shall not materially interfere with the functioning of the Roof Equipment. Tenant shall have reasonable access to the Roof Equipment at all times, and Landlord shall not interfere with, the use of the Roof Equipment so as to cause the operation thereof to be materially interrupted or impaired. Tenant shall use the Roof Equipment so as not to cause any material interference to Landlord's use of the roof, including the use by Landlord or other tenants or occupants of the Building of other equipment thereon (including data transmission or other similar or dissimilar equipment), or materially damage to or interference with the operation of the Building or the Building Systems. If any of Tenant's Roof Equipment materially interferes with any equipment installed by Landlord or any tenant leasing space in the Building as of the date of this Lease, or materially interferes with the operation of the Building or the Building Systems, then Tenant, at its sole cost and expense, shall take all steps necessary to eliminate such interference, and if Tenant shall fail to eliminate such interference, Tenant shall relocate the Roof Equipment to another area on the roof designated by Landlord. In the event Tenant fails, within thirty (30) days after notice, to relocate or remove the Roof Equipment, Landlord may do so, and Tenant shall promptly reimburse Landlord for the purpose of locating and/or installingany costs and expenses incurred by Landlord in connection therewith. If following any relocation, such interference continues to occur, then Tenant, at its own sole cost and expense, a satellite dishshall immediately, antenna and/or telecommunications equipment upon notice from Landlord discontinue its use of the Roof Equipment and remove the Roof Equipment from the Roof. In the event Tenant fails, within five (collectively "Equipment"). However5) days' after notice from Landlord, to relocate or remove the Roof Equipment or otherwise fails to comply with any of the conditions set forth in this Section 9.9 or if Landlord thereafter is required shall determine, in its reasonable judgment, that the Roof Equipment (i) may cause a health hazard or danger to use additional property, (ii) may violate or otherwise fail to comply with any governmental or quasi-governmental standards for non-ionizing radiation for occupational and/or general public levels, without limiting the rights and remedies landlord may otherwise have under this Lease, Landlord may relocate or remove the Roof Equipment, and Tenant shall promptly reimburse Landlord for any costs incurred by Landlord in connection therewith. (d) Landlord may at its option, at any time during the Term upon not less than sixty (60) days prior notice to Tenant (except in the event of an emergency) relocate the Roof Equipment to another area on the roof designated by Landlord, provided that such relocation of the Roof Equipment does not cause the operation thereof to be interrupted or impaired, other than temporarily, and except as set forth in Section 9.9(c), such relocation is performed at Landlord's sole cost and expense. Landlord shall use reasonable efforts to minimize the duration of such interruption, provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, unless Tenant shall first pay to Landlord Landlord's reasonable estimate of all incremental cost increases to do so. In such event Tenant shall pay, as Additional Rent upon presentation of appropriate invoices, all additional costs incurred by Landlord in connection therewith. (e) Landlord shall not have any obligations with respect to the operation Roof Equipment or compliance with any Legal Requirements (including the obtaining of any required permits or licenses, or the maintenance thereof) relating thereto, nor shall Landlord be responsible for any damage that may be caused to Tenant or the Roof Equipment by any other tenant or occupant of the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and . (f) Tenant shall remove its Equipment from such area and repair (i) be solely responsible for any damage caused thereby. Tenant shall also have as a result of the rightuse of the Roof Equipment, subject to the provisions of Article 5(ii) promptly pay any tax, to install in the Building core arealicense, risers, ducts, conduits permit or other facilities, necessary fees or charges imposed pursuant to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or Legal Requirements relating to the installation, maintenance or use of the Roof Equipment, (iii) promptly comply with all precautions and operation safeguards recommended by Landlord's insurance company and all Governmental Authorities, and (iv) promptly and diligently perform all necessary repairs or replacements to, or maintenance of, the Roof Equipment, provided, however, that if Tenant's failure after thirty (30) days' notice from Landlord to so repair, replace or maintain the Roof Equipment materially jeopardizes in any way Landlord's or any other tenant's property located on the roof or within the Building, Landlord may, at Landlord's option, elect to perform such repairs, replacements or maintenance at Tenant's sole cost and expense. Landlord shall give Tenant thirty (30) days' prior notice of its election to perform such repairs, except in an emergency. (g) The privileges granted Tenant under this Section 9.9 merely constitute a license and shall not, now or at any time after the installation of the Roof Equipment, be deemed to grant Tenant a leasehold or other real property interest in the Building or any portion thereof, including the Building's roof. The license granted to Tenant in this Section 9.9 shall continue until and automatically terminate and expire upon the expiration or earlier termination of this Lease and the termination of such Equipment license shall be self-operative and connecting facilitiesno further instrument shall be required to effect such termination. For so long as this Lease shall be in full force and effect, Landlord will not terminate the license granted to Tenant hereby. Notwithstanding the foregoing, upon request by Landlord, Tenant, at its own costTenant's sole cost and expense, shall repair promptly execute and deliver to Landlord, in recordable form, any damage certificate or other document reasonably required by Landlord confirming the termination of Tenant's right to use the roof of the Building. (h) The Roof Equipment shall be treated for all purposes of this Lease as Tenant's Alterations. If requested by Landlord, Tenant shall cause Roof Equipment and all equipment and installations appurtenant thereto to be designated as one or more separate tax lots by the City of New York for all purposes of assessment and payment of Taxes, and Tenant shall pay all Taxes imposed thereon directly to the Buildingtaxing authorities, roof and/or Demised Premises caused without deduction or offset against Rent under this Lease. If for any reason Tenant fails (with or without Landlord's consent thereto) to so cause Roof Equipment to be designated as one or more separate tax lots, Tenant shall pay to Landlord monthly, as Additional Rent upon demand, the amount, determined by such workLandlord in its reasonable discretion, and shall at all times maintain and repair by which Taxes imposed upon the Equipment and wiring, including any required replacements thereofBuilding have been increased on account of Tenant's installation of the Roof Equipment.

Roof Equipment. (a) Provided an Event of Default has not occurred and further provided that Landlord’s structural engineer has reviewed and approved the installation of the Roof Equipment, at Tenant’s sole cost and expense, Tenant shall have the right right, at any time during the Lease Term, to use its prorata share of install, construct, operate, and maintain not more than one (1) 4’ in diameter satellite dish together with any reasonable equipment, cabling and wiring necessary to operate the available area dish or antenna (collectively, the “Roof Equipment”) on the roof designated of the Building free of charge during the Term and any subsequent Renewal Terms and in accordance with the terms and conditions set forth in this Section 5.5. 1. The Roof Equipment shall be (a) for Tenant’s use only for data and telecommunications support in the Premises, (b) not be used by any other party, (c) installed, operated and maintained in accordance with all applicable Laws and Tenant shall not charge or receive any fees or other consideration in connection with its use. If Tenant desires to install the Roof Equipment on the roof of the Building, Tenant shall give Landlord written notice thereof (the “Roof Equipment Request”) and shall provide Landlord such information including without limitation the method of installation of, desired location of, and plans and specifications for, the Roof Equipment as Landlord shall reasonably require to approve or disapprove the Roof Equipment Request (the “Roof Equipment Plans”). Tenant shall obtain the written approval of Landlord of the Roof Equipment Plans prior to the installation of same on the roof of the Building, which approval shall be in Landlord’s sole and absolute discretion. Any changes to the Roof Equipment Plans required by Landlord shall be promptly made by Tenant and resubmitted to Landlord for approval. Tenant may only install the Roof Equipment which is reflected in the Roof Equipment Plans approved by Landlord in writing and in the manner set forth in the Roof Equipment Plans. (b) If Tenant receives all of the required Landlord approvals for the purpose installation of locating and/or installingthe Roof Equipment, such installation shall be performed by a contractor and roofing crew approved by Landlord, in its sole discretion, and such installation shall in no event void or diminish in any respect Landlord’s warranty on the roof of the Building. Tenant shall pay all costs related to the installation, operation, and maintenance of such Roof Equipment. Neither Tenant nor any of the Tenant Related Parties shall go on the roof of the Building without the express, written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. The location, installation, use, and maintenance of such Roof Equipment shall at all times conform to all applicable zoning and other applicable Laws in effect from time to time as well as all architectural standards established by Landlord from time to time for the Building. Prior to the installation of the Roof Equipment, Tenant shall obtain all necessary permits and licenses from the City of Rolling Meadows, Illinois and any other governmental agency having jurisdiction over the Building, the Property, or over the Roof Equipment and its use. Landlord shall use reasonable efforts to support Tenant in securing any required municipal approvals provided that “reasonable efforts” of Landlord shall not include payment of money or incurring any liability. The Roof Equipment shall be located on that certain portion of the roof of the Building identified on Exhibit A-1 attached hereto and incorporated herein by this reference (the “Roof Equipment Area”) or as Landlord may otherwise from time to time designate in writing in its sole discretion, and the Roof Equipment shall be located as far away from the perimeter of the roof so as not to be visible from street level and Tenant shall screen the Roof Equipment if required to do so by Landlord, in its sole discretion. Landlord shall approve or disapprove such location and screening at the time Landlord approves the Roof Equipment Plans. After the initial installation of the Roof Equipment, from time to time Landlord may in its reasonable judgment, cause Tenant to relocate the Roof Equipment, at its own Landlord’s sole cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on another portion of the roof in connection with the operation of the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and Tenant shall remove its Equipment from such area and repair any damage caused thereby. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises caused by such work, and shall at all times maintain and repair the Equipment and wiring, including any required replacements thereof.

Roof Equipment. Subject to the provisions of this Lease, Tenant may, at its sole cost, install, maintain, and from time to time replace a communication antenna weighing up to 50 pounds and having a diameter or height of up to 20 inches and other related equipment on the roof of the Building (collectively, “Roof Equipment”) in a location reasonably selected by Landlord and reasonably acceptable to Tenant for Tenant’s own communication purposely use only; provided, however, that (i) Tenant shall obtain Landlord’s prior written approval with respect to the installation of such Roof Equipment which approval shall not be unreasonably withheld, conditioned or delayed and shall include consideration all relevant factors including, without limitation, the proposed size, weight and location of the Roof Equipment and method for fastening the same to the roof, (ii) Tenant shall, at its sole cost, comply with any reasonable requirements imposed by Landlord and all Legal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) Tenant shall be responsible for paying for any structural upgrades that may be required by Landlord in connection with the Roof Equipment, and (iv) Tenant shall remove, at its expense, at the expiration or earlier termination of this Lease, any Roof Equipment which Landlord requires to be removed. Landlord shall have the right to supervise any roof penetration. Tenant may not access the roof without a representative of Landlord (who shall be reasonably available) being present. Tenant shall repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use its prorata share or removal of the available area on the roof designated by Landlord for the purpose of locating and/or installing, Roof Equipment. Tenant shall remove any Roof Equipment at its own cost upon expiration or termination of the Lease. Tenant shall install, use, maintain and expenserepair the Roof Equipment, a satellite dishand use the access areas, antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required so as not to use additional area on the roof in connection damage or interfere with the operation of the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and Tenant shall remove its Equipment from such area and repair any damage caused thereby. Tenant shall also have the rightprotect, subject to the provisions of Article 5defend, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold harmless Landlord harmless from and against any lossclaims, claimdamages, damage liabilities, costs and expenses of every kind and nature, including reasonable attorneys’ fees, incurred by or expense in connection with or relating to the asserted against Landlord arising out of Tenant’s installation, maintenance and operation maintenance, replacement, use or removal of such Equipment and connecting facilitiesthe Roof Equipment. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises caused by such work, and shall at all times maintain and repair the Equipment and wiring, including any required replacements thereof.Net Multi-Tenant Laboratory 5871 Oberlin/Anadys — Page 28

Roof Equipment. (a) Tenant shall have the right during the Main Term, at no additional rental, to use its prorata share of install, operate, maintain and modify telecommunications equipment (collectively, the available area "Antenna") on the roof designated of the Building, consisting of antennas, poles, dishes, masts, posts, cabling, wires and accessories, including any upgrades or replacements thereof and thereto. The Antenna shall be installed, maintained and used strictly at the Tenant's sole cost and expense. (b) Landlord approves the size, location, design and manner of installation of the Antenna currently located on the Building roof, drawings for which are attached hereto as Schedule A-2. Prior to initiating any additions or changes to the Antenna, Tenant shall submit to Landlord for its review and approval all drawings and specifications therefor. Landlord reserves the right to have any drawings and load calculations reviewed by Landlord's third party engineer at Tenant's expense. Landlord's review and approval of any changes to the Antenna shall be made within five (5) business days after Tenant's request therefore; and shall not be unreasonably withheld, conditioned or delayed; provided, that any changes in the location of the Antenna shall be in Landlord's sole but reasonable discretion. (c) Landlord reserves the right to review and approve any contractors providing services that affect the Building. All contractors shall carry insurance that complies with the requirements of Section 10.2 of this Lease. (d) After obtaining written approval of the Landlord, Tenant shall have reasonable access 24 hours per day, 365 days per year, to the roof for installation and maintenance of the Antenna and shall have the right to install all reasonable wiring related thereto. Tenant shall be solely responsible for obtaining any necessary permits and licenses required to install, maintain and operate the Antenna. Copies of such permits and licenses shall be provided by the Tenant to the Landlord prior to the installation of the Antenna. (e) Unless otherwise approved by Landlord for in writing, Tenant shall not be permitted to penetrate the purpose roof membrane in connection with the installation or maintenance of locating and/or installingthe Antenna. Tenant shall not be permitted to install, maintain or use the Antenna in any manner that would cause any damage to the structural portions of the Property. Tenant, upon written notice from the Landlord of any damage, shall repair any such damage, at its own sole cost and expense, a satellite dishwithin thirty (30) days after the date of such notice. (f) Tenant shall install, maintain and use the Antenna is accordance with all applicable federal, state and local laws and regulations. The Tenant shall institute corrective maintenance within five (5) business days after its receipt of written notice from the Landlord as to the necessity for the same. If the Tenant has not instituted corrective measures within the five (5) business day period, and does not diligently complete the same, then the Landlord shall have the right to take corrective measures on the Tenant's behalf, the cost of which shall be reimbursed by the Tenant upon the Landlord's demand for the same. Notwithstanding the foregoing, the Landlord may take, at the Tenant's expense, any reasonable maintenance measures it deems necessary in the event of an emergency. (g) Upon the termination of this Lease, Tenant shall be responsible for all costs of removal of the Antenna and for the restoration of the roof area in which the Antenna was installed to original condition. Landlord reserves the right upon the expiration of this Lease to reasonably require, by written notice to Tenant, that Tenant remove the Antenna within ten (10) days from Tenant's receipt of such notice, unless Landlord waives such right in writing at the time of granting its consent to the installation of the Antenna. If Tenant elects not to remove the Antenna from the Property upon the expiration or earlier termination of this Lease, or after expiration of the 10-day notice period provided for in this Lease, then the Antenna shall be deemed abandoned by Tenant and shall become the property of the Landlord. (h) Tenant's right to install, maintain and use such Antenna shall be subject and subordinate to the rights of any and all existing tenants at the Property that have been previously granted the right to install and maintain antenna and/or or other telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required to use additional area on within the roof in connection area of the Property. (i) Landlord shall take such actions as may be reasonably necessary to ensure that no other antennae, satellite dishes or other roof devices installed after the installation of the Antenna interfere with the operation use of the Building, and no other area on Antenna by Tenant or the roof is then available for such purpose, Tenantreception thereof. Landlord agrees to provide a continuous source of power sufficient to operate the Antenna. (j) Without limiting Landlord's prorata share thereof shall be reduced accordingly and Tenant shall remove its Equipment from such area and repair any damage caused thereby. Tenant shall also have the right, subject access to the provisions balance of Article 5, to install in the Building core arearoof, risers, ductsLandlord shall not have access to the Antenna and shall not handle or have any contact with the same or any of its related wires, conduits or other facilitiesfacilities without the prior consent of Tenant, necessary to connect such Equipment except in emergency situations pursuant to the Demised Premises last paragraph of Section 2.2(f)7, and any such access or the Additional Space (as hereinafter defined) then leased contact must be supervised by a representative of Tenant. All such Equipment and connecting facilities shall In no event may the Antenna be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under relocated without Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises caused by such work, and shall at all times maintain and repair the Equipment and wiring, including any required replacements thereofprior written consent.

Roof Equipment. During the Lease Term, Tenant shall have the non-exclusive right at its sole cost to use its prorata share of the available area install, maintain, and from time to time replace one or more satellite dishes and/or an antennae on the roof designated by Landlord for of the purpose of locating and/or installing, at its own cost Building with necessary cabling and expense, a satellite wiring connecting it to the Premises (such dish, antenna and/or telecommunications antenna, cabling and wiring and other equipment being collectively referred to as the “Roof Equipment”) for purposes of facilitating wireless communications or expanding phone, computer or television services of Tenant to and from the Premises, provided that (collectively "Equipment"). Howevera) Tenant shall obtain Landlord’s prior written approval, if Landlord thereafter is required which approval shall not be unreasonably withheld, conditioned or delayed, of the proposed size, weight, location and aesthetic impact of the Roof Equipment and the method for fastening the Roof Equipment to use additional area on the roof in connection with the operation of the Building, (b) Tenant shall obtain approval from the ARC, (c) Tenant will at its sole cost comply with (i) all Applicable Laws, (ii) Landlord’s reasonable requirements from time to time, and no other area (iii) the conditions of any bond or warranty maintained by Landlord on the roof is then available for such purposeroof, Tenant's prorata share thereof (d) the Roof Equipment shall be reduced accordingly and Tenant shall remove its Equipment from such area and repair any damage caused thereby. Tenant shall also have not interfere, electronically or otherwise, with the rightequipment, subject to facilities, use or operations of Landlord or of other preexisting (as of the provisions date of Article 5, to install installation of the Roof Equipment) licensees or tenants of Landlord in the Building core areaComplex, risersand (e) Tenant shall use reasonable efforts to avoid interference by the Roof Equipment with any later-installed roof equipment and wireless communications of such other parties. Landlord may supervise any roof penetration. Landlord shall not charge any rental fee for the Roof Equipment. In no event shall Landlord’s approval of plans for the Roof Equipment or supervision of roof penetration be deemed a representation that the Roof Equipment will not cause, ductsor be subject to, conduits interference or other facilitiesthat such plans will comply with Applicable Laws, necessary to connect such Equipment to the Demised Premises future requirements of Landlord, or the Additional Space (as hereinafter defined) then leased condition of any bond or warranty maintained by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb Landlord on the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlordroof. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building caused by the installation, maintenance, replacement, use or removal of the Roof Equipment. The Roof Equipment shall remain the property of Tenant. Tenant may remove or modify the Roof Equipment at its sole cost during the term of this Lease, and Tenant shall remove the Roof Equipment at its sole cost upon expiration or earlier termination of the Lease. Landlord agrees, with respect to any equipment or other roof rights or licenses granted by Landlord to other tenants or occupants of the Building or to telecommunications service providers after installation of Tenant’s Roof Equipment, Landlord shall require such tenants, occupants or providers to agree that they will not interfere with any preexisting equipment of other tenants of the Building (including of Tenant) and Landlord shall use commercially reasonable efforts to enforce such provisions. Not more than once during the Primary Lease Term and only if such relocation is necessary in order for Landlord to perform repairs or replacement of the roof of the Building, Landlord shall have the right to require Tenant, at Landlord’s sole cost, to relocate all or any part of the Roof Equipment to another location on the roof and/or Demised Premises caused of the Building mutually agreed upon by Landlord and Tenant, provided that such workrelocation does not diminish Tenant’s use of the Roof Equipment in any material manner. Subject to the provisions of Section 15 herein, Tenant shall protect, defend, indemnify and shall at hold harmless Landlord from and against all times maintain claims, damages, liabilities, costs and repair the Equipment expenses of every kind and wiringnature, including any required replacements thereofreasonable attorneys’ fees, incurred by Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Roof Equipment.

Roof Equipment. Subject to the provisions of this Lease, Tenant may, at its sole cost, install, maintain, and from time to time replace a telecommunications dish antenna or other related equipment on the roof of the Building (collectively, “Roof Equipment”) in a location selected by Landlord and reasonably acceptable to Tenant for Tenant’s own communication use only; provided, however, that (i) Tenant shall obtain Landlord’s prior written approval with respect to the installation of such Roof Equipment which approval shall not be unreasonably withheld, conditioned or delayed and shall include consideration all relevant factors including, without limitation, the proposed size, weight and location of the Roof Equipment and method for fastening the same to the roof, (ii) Tenant shall, at its sole cost, comply with any reasonable requirements imposed by Landlord and all Legal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) Tenant shall be responsible for paying for any structural upgrades that may be required by Landlord in connection with the Roof Equipment, and (iv) Tenant shall remove, at its expense, at the expiration or earlier termination of this Lease, any Roof Equipment which Landlord requires to be removed. Landlord shall have the right to supervise any roof penetration. Tenant shall have the right to use its prorata share access the roof of the available area on West Wing of the Building upon written notice to Landlord but without a Landlord representative required to be present. Tenant may not access the roof designated of the East Wing of the Building without a representative of Landlord (who shall be reasonably available) being present. Landlord hereby approves all Roof Equipment installed pursuant to the terms of the Pfizer Sublease and the Existing Lease Agreement. Tenant shall repair any damage to the Building caused by Landlord for Tenant’s installation, maintenance, replacement, use or removal of the purpose Roof Equipment. Tenant shall remove any Roof Equipment at its cost upon expiration or termination of locating and/or installingthe Lease or sooner, at its own cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). Howeverthe request of Landlord, if Landlord thereafter is required any of the same unreasonably interferes, as reasonably determined by Landlord, with the operation of any other tenant’s use of the Project. Tenant shall install, use, maintain and repair the Roof Equipment, and use the access areas, so as not to use additional area on the roof in connection damage or interfere with the operation of the Building. Tenant shall protect, defend, indemnify and no other area on hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including reasonable attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly Roof Equipment. The rights granted to Tenant under this Exhibit J are not exclusive and Tenant shall remove its Equipment from such area cooperate and repair coordinate as necessary with any damage caused therebyother tenants with Roof Equipment. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased be responsible for reimbursing Landlord for any reasonable costs actually incurred by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlord. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with the exercise by Tenant of any rights granted to Tenant under this Exhibit J. TO: THE PROSPECTIVE LESSEE OF CERTAIN PREMISES (THE “PREMISES”) WITHIN THE BUILDING (THE “BUILDING”) DEVELOPED OR BEING DEVELOPED ON THE REAL PROPERTY (THE “PROPERTY”) KNOWN AS: _____________________________________________________________________________ 000 Xxxxxxx Xxx Xxxxxxxxx Xxxxx in the City of San Francisco, County of San Francisco, State of California, more particularly described as: LOT 2, AS SHOWN ON FINAL MAP 5156, FILED NOVEMBER 25, 2009, IN BOOK CC OF SURVEY MAPS AT PAGES 197 THROUGH 201 IN THE OFFICE OF THE RECORDER OF THE CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA. [The foregoing legal description does not include any exceptions or relating reservations or any easements or other rights that may be appurtenant to the installation, maintenance and operation of such Equipment and connecting facilitiesreal property] _____________________________________________________________________________ THIS IS A NOTIFICATION TO YOU (“TENANT”) PRIOR TO YOUR ENTERING INTO A CERTAIN LEASE WITH RESPECT TO THE PREMISES (THE “LEASE”). Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises caused by such work, and shall at all times maintain and repair the Equipment and wiring, including any required replacements thereofTHE LANDLORD (“LANDLORD”) IS REQUIRED TO GIVE YOU THIS NOTICE AND TO OBTAIN A COPY SIGNED BY YOU TO INDICATE THAT YOU HAVE RECEIVED AND READ A COPY OF THIS NOTICE.

Roof Equipment. Tenant, at its sole cost and expense and subject to all applicable laws, codes and regulations and the provisions of this Section 10.11, may install on the roof of the Building and/or in the penthouse area of the Building and operate during the term antennae and other communications equipment, supplemental HVAC equipment and other roof-top equipment serving the Premises (“Roof Equipment”) of the type customarily installed on the roofs of laboratory and office buildings comparable to the Building by tenants occupying premises therein devoted exclusively to laboratory and office uses similar to the Permitted Uses; provided that (a) the aggregate amount of space on the roof that shall be allocated to Tenant for Tenant’s Roof Equipment shall be four hundred (400) square feet and (b) the aggregate amount of space in the penthouse (on a per square foot basis) that shall be allocated to Tenant for Tenant’s Roof Equipment shall be equal to Tenant’s Percentage of the maximum rentable area of the penthouse, which is ninety-six (96) rentable square feet; and provided further that the location of Tenant’s Roof Equipment (i.e., on the roof or in the penthouse) shall be reasonably determined by Landlord in cooperation with Tenant. Tenant also shall have the right to use run cables and lines (“Lines”) from its prorata share Roof Equipment to the Premises using the common shafts, chases, risers and conduits of the Building intended for such purpose to the extent that the same may be available area after meeting Landlord’s requirements for the Building. Landlord makes no representations, express or implied, that the roof of the Building is suitable for the installation or operation of any Roof Equipment. There shall be no additional charge to Tenant in connection with its use of space on the roof designated of the Building, but Tenant shall pay Annual Fixed Rent for so much of the penthouse space as Tenant elects to use at a rate per rentable square foot of such penthouse space per annum equal to the lesser of (i) the market rental rate at which Landlord is then offering penthouse space to third parties or (ii) the Annual Fixed Rent per rentable square foot of penthouse space per annum being paid by other tenants of the Building. If Tenant elects to install any equipment in the penthouse area, Tenant shall notify Landlord of the amount of space required not later than the third (3rd) anniversary of the Commencement Date, time being of the essence, and promptly following receipt of such notice the parties shall execute an amendment to this Lease providing for the purpose addition of locating and/or installingsuch penthouse space to the Premises (it being agreed that after the third (3rd) anniversary of the Commencement Date, Tenant shall be entitled to lease only such space as may then be available in the penthouse, and such space may or may not be equal to Tenant’s Percentage of the maximum rentable area of the penthouse). All Roof Equipment shall be subject to Landlord’s approval, which, subject to Landlord’s customary practices and procedures, shall not be unreasonably withheld, conditioned or delayed. The design and installation of Tenant’s Roof Equipment shall be performed in accordance with Subsection 6.2.5 and Exhibit C, any requirements of Landlord’s insurance carrier(s), and all other applicable provisions of this Lease as if the area where the Roof Equipment is located were part of the Premises. Tenant agrees that Landlord may require Tenant to reasonably screen its Roof Equipment. Landlord shall have no obligation to furnish any utilities or services to the Roof Equipment or to make any alterations, repairs or replacements to any portion of the Building or Property in order to accommodate the installation or operation of any Roof Equipment. All utilities required to operate the Roof Equipment shall be separately metered and Tenant shall pay the costs of such utilities, as measured by such meter(s) to Landlord, as Additional Rent, or directly to the utility supplier. Tenant agrees that it shall be required, at its own is sole cost and expense, a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if to perform any roof reinforcement reasonably required by Landlord thereafter is required to use additional area accommodate the weight of any Roof Equipment on the Building roof. Under no circumstances shall Tenant make any roof penetrations other than as expressly approved by Landlord in connection with writing in advance. During the term, Tenant shall, at its sole cost and expense, perform all repairs and maintenance to the Roof Equipment and Lines necessary to keep the same in good working order, appearance and condition, reasonable use and wear thereof excepted, and Tenant shall promptly repair any damage to the Building or Property caused by the installation or operation of the Building, and no other area on the roof is then available for such purpose, Tenant's prorata share thereof shall be reduced accordingly and Tenant shall remove its Roof Equipment from such area and repair any damage caused therebyor Lines. Tenant shall also have the right, subject to the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such operate its Roof Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Equipment and connecting facilities shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirementslaws, codes and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved by Landlordregulations. Tenant shall cause not relocate or modify any of the Roof Equipment or Lines without, in each instance, obtaining Landlord’s prior written approval to such relocation or modification. Any antennae installed by Tenant on the Building roof shall provide communications for Tenant only, and Tenant shall not permit any other person or firm to make use thereof. Unless Landlord shall agree otherwise in writing, Tenant shall, prior to the expiration or earlier termination of the term of this Lease, remove all of its Roof Equipment and all Lines, repair any damage caused by such removal, and restore the portion of the roof where the Roof Equipment was installed to a condition substantially the same as existed prior to the installation of the Roof Equipment. The provisions of Subsection 6.1.9 shall apply to any area affected hereby as if it were part of the Premises. Landlord reserves the right, upon not less than thirty (30) days’ notice to Tenant, except in the event of an emergency, but at Landlord’s cost, to require Tenant to relocate all or any of the Roof Equipment to be covered under another portion of the roof reasonably designated by if such relocation is necessary for Landlord to perform any repairs, renovations, improvements or additions to the Building or Property. Landlord shall use reasonable efforts to coordinate any such relocation with Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating be entitled to obtain access to the installationroof both during and outside of Normal Building Operating Hours (as defined in the Rules and Regulations) for the purpose of servicing Tenant’s Roof Equipment, maintenance but only if (i) Tenant shall have given Landlord reasonable advance notice of the need therefor, and (ii) Tenant is accompanied by an authorized representative of Landlord during such access. Any such access shall be subject to Landlord’s reasonable security measures and, in the event access is required before or after Normal Building Operating Hours, Landlord may require Tenant to pay, as Additional Rent, the reasonable costs incurred by Landlord to provide such access to Tenant. Tenant shall use reasonable efforts to not allow any antennae or other Roof Equipment installed by Tenant to interfere with any equipment installed or operating in or from the Building as of the date Tenant commences operation of, or shall subsequently modify, such Roof Equipment. If Landlord determines that any of Tenant’s Roof Equipment materially interferes any such pre-existing equipment, Landlord may require Tenant to discontinue operation of such Roof Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises caused by until such work, and shall at all times maintain and repair the Equipment and wiring, including any required replacements thereoftime as it may be operated without causing such interference.

Roof Equipment. Provided that this Lease is then in full force and effect and Tenant is not then in default under this Lease beyond any applicable notice and cure period, Tenant shall have the right be permitted, subject to use its prorata share of the available area approval by all applicable governmental authorities, to install, maintain, replace and operate antennae, security equipment, satellite dish or dishes on the roof designated by Landlord for of the purpose of locating and/or installingBuilding (collectively, at its own cost and expensethe “Roof Equipment”), a satellite dish, antenna and/or telecommunications equipment (collectively "Equipment"). However, if Landlord thereafter is required to use additional area including all Roof Equipment currently located on the roof in connection with the operation of the Building, the size, weight and no other area on the roof is then available for such purpose, Tenant's prorata share thereof precise location of which shall be reduced accordingly subject to Landlord’s prior written approval not to be unreasonably withheld, conditioned or delayed, and Tenant pursuant to plans, all of which have been approved in writing by Landlord (which approval shall remove its Equipment from such area not be unreasonably withheld, conditioned or delayed), at Tenant’s sole cost and repair any damage caused therebyexpense. Tenant shall also have the rightobtain Landlord’s prior written consent, subject to the provisions of Article 5which consent shall not be unreasonably withheld, conditioned or delayed, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect any roof penetrations and any such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased penetrations permitted by Tenant. All such Equipment and connecting facilities Landlord shall be installed and maintained in a manner not to disturb the other tenants in the Building, the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type of Equipment and connecting facilities to be installed and its location and manner of installation, such plans to be approved performed by Landlord’s contractors at Tenant’s expense. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the The installation, maintenance and operation of such the Roof Equipment shall be in accordance with the provisions of this Lease and connecting facilitiesshall be performed at Tenant’s sole cost and expense. TenantTenant will ensure that the Roof Equipment, and each part of them, will be installed by licensed contractors in accordance with all federal, state and local rules and building codes. Tenant will obtain, at its own costsole cost and expense, all Federal Communications Commission and other licenses or approvals required to install and operate the Roof Equipment and shall repair any and all damage to the Project (including, but not limited to, the roof of the Building) caused as a result of Tenant’s installation of the Roof Equipment. The Roof Equipment is and shall remain the property of Tenant or Tenant’s assignee, transferee or sublessee, and Landlord and Tenant agree that the Roof Equipment is not, and installation of the Roof Equipment at the Project shall not cause the Roof Equipment to become, a fixture pursuant to this Lease or by operation of law. Tenant shall not be entitled to receive any income from any third-party individual or entity for the use of the Roof Equipment. Tenant shall be responsible for the operation, repair and maintenance of the Roof Equipment during the Term, at Tenant’s sole cost and expense, and upon the expiration or other termination of this Lease, Tenant shall remove the Roof Equipment and repair any and all damage to the Project (including, but not limited to, the roof and/or Demised Premises of the Building) caused as a result of such removal. Tenant agrees to operate the Roof Equipment in such a manner so as not to interfere with or impair the operation of other antennae or telecommunication equipment of Landlord or other tenants or occupants of the Project. If Tenant’s use of the Roof Equipment shall cause such interference or impairment, Tenant shall, at its sole cost and expense, promptly eliminate such condition by relocating the Roof Equipment or otherwise. In the event Landlord repairs or replaces the roof during the Term, Tenant will relocate or, if necessary, remove the Roof Equipment from the roof at Tenant’s sole cost upon receipt of written request from Landlord during the time of such repair or replacement. Landlord shall use commercially reasonable efforts to avoid the removal of the Roof Equipment during any such repair or replacement of the roof. Tenant shall be able to place the Roof Equipment on the roof, at Tenant’s sole cost and expense, after Landlord completes repairing or replacing the roof. Landlord may have its representative present at the installation or any reinstallation of the Roof Equipment and the Roof Equipment shall be properly screened and shall not be visible by someone standing in the vicinity of the Property. Landlord assumes no liability or responsibility for interference with the Roof Equipment caused by such workother tenants placing similar equipment on the roof of any building in the Project. The Roof Equipment shall be included within the coverage of all insurance policies required to be maintained by Tenant under the Lease and Tenant shall obtain at its cost all permits required by governmental authorities for the Roof Equipment. The Roof Equipment shall be used solely in connection with the business operations in the Premises, and shall at all times maintain and repair not be used by any party who is not a tenant of the Equipment and wiring, including any required replacements thereofPremises.

Roof Equipment. It is understood by Landlord that Tenant shall have may desire to install two satellite dishes and a microwave relay station antenna (the right to use its prorata share of the available area "Roof Equipment") on the roof designated by Landlord of the Building for the purpose of locating and/or installingtransmitting and receiving aerial transmissions. At least thirty (30) days prior to the time that Tenant contemplates installation of the Roof Equipment, Tenant shall deliver to Landlord detailed specifications for the Roof Equipment, and Landlord and Tenant shall use their reasonable efforts to determine and agree to a location on the roof of the Building where, and a method by which, the Roof Equipment can be installed by Tenant (but at no cost or expense to Landlord) without, in the reasonable judgment of Landlord and the design architect of the Building (which judgment shall not be unreasonably withheld or delayed), interfering with or impeding the operations of Landlord or the operations of any present tenant of the Building at the time the Roof Equipment is installed, or requiring any design or other changes to the Building. At such time as the location and installation method are thus determined and agreed, Tenant, at its own sole cost and expense, a satellite dish, antenna and/or telecommunications equipment may install such Roof Equipment at the location and in the manner agreed by Landlord and Tenant at such time as Landlord shall reasonably designate (collectively "Equipment"it being understood and agreed that Landlord hereby represents and warrants that Landlord shall reserve at all times during the Term of the Lease space sufficient on the Roof to install the Roof Equipment of the kinds and types customarily installed by communication companies with communications requirements comparable to Tenant's). HoweverIf the agreed location for the Roof Equipment is in such a position that the Roof Equipment will be visible from the ground, if Landlord thereafter is required to use additional area on the roof in connection with the operation of the Buildingmay require that Tenant, and no other area on the roof is then available for such purpose, at Tenant's prorata share thereof shall be reduced accordingly expense, provide, install and Tenant shall remove its Equipment from such area and repair any damage caused therebymaintain an appropriate screen around the Roof Equipment. Tenant shall also have cause the right, subject to installation of the provisions of Article 5, to install in the Building core area, risers, ducts, conduits or other facilities, necessary to connect such Equipment to the Demised Premises or the Additional Space (as hereinafter defined) then leased by Tenant. All such Roof Equipment and connecting facilities shall any screen to be installed and maintained conducted in a good, workmanlike and lien-free manner that will not to disturb the other tenants in the Building, interfere with or impede the operation of the Building systems therein, in compliance with all applicable Governmental Requirements, and subject to plans showing the type conduct of Equipment and connecting facilities to be installed and its location and manner business by other tenants of installation, such plans to be approved by Landlordthe Building. Tenant shall cause the Equipment to be covered under Tenant's liability insurance policy. Tenant shall indemnify and hold Landlord harmless from and against any loss, claim, damage or expense in connection with or relating to the perform such installation, maintenance and operation of such Equipment and connecting facilities. Tenant, at its own cost, shall repair any damage to the Building, roof and/or Demised Premises caused by such work, and shall at all times maintain and repair operate the Roof Equipment in such a manner as to always be in compliance with all applicable governmental codes, statutes, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies, and shall obtain such licenses or permits as may be required by applicable law. Landlord makes no warranties whatsoever as to the permissibility of, or the ability to obtain licenses or permits with respect to, the Roof Equipment. Prior to installation of the Roof Equipment and wiringthroughout the Lease Term upon Landlord's request, including Tenant shall provide Landlord with documentation (i) evidencing that Tenant has entered into an appropriate contract for the regular maintenance and monitoring of the Roof Equipment, and (ii) confirming that Tenant's liability insurance as required under Paragraph 12 of this Lease covers all of Tenant's activities in installing, maintaining and operating the Roof Equipment. Tenant agrees that it shall pay Landlord as additional Rent the sum of $1,200.00 per year for each satellite dish comprising a portion of the Roof Equipment installed pursuant to the provisions of this Special Stipulation, and $1,000.00 per year for the microwave relay station antenna comprising the balance of such Roof Equipment. Landlord shall incur no cost or expense related to or arising out of the Roof Equipment or the purchase, installation, maintenance, repair or operation of the Roof Equipment, Tenant agreeing to pay all of same. Tenant hereby indemnifies and agrees to hold Landlord harmless from and against any required replacements thereofand all loss, cost, damage and liability incurred by Landlord arising out of or related to the Roof Equipment or Tenant's purchase, installation, maintenance, repair or operation of the Roof Equipment. If at any time during the term of this Lease after the initial installation of the Roof Equipment, Landlord determines that the location or operation of the Roof Equipment impedes the operation of the Building or impedes the operations of any tenant (other than any Tenant in the Building prior to the date hereof which Tenant hereby covenants not to disturb through the use of the Roof Equipment) or proposed tenant of the Building, then Landlord, at Landlord's expense (and without disruption or interruption of the operation of the Rooftop Equipment during any period of relocation without Tenant's consent, which consent shall be provided at reasonable times upon reasonable notice), may relocate the Roof Equipment to another location on the roof which location shall be subject to Tenant's reasonable approval. In addition, Tenant hereby recognizes, understands and agrees that Landlord is entitled to install for its own account, or permit the installation by other tenants or persons, other antenna and telecommunication facilities on the roof of the Building without Tenant's approval or consent after the date hereof so long as the installation and/or operation of such antenna or other telecommunications equipment will not unreasonably interfere with the operation of Tenant's Roof Equipment. At the end of the Lease Term, Tenant, at Tenant's sole cost and expense, shall remove the Roof Equipment from the Building, and shall restore the roof of the Building to its condition as of the Commencement Date.