Common use of Roof Equipment Clause in Contracts

Roof Equipment. 46.01. Subject to Landlord's prior approval, not to be unreasonably withheld or delayed, Tenant shall have the right, subject to and in accordance with the provisions of this Article 46, to use a portion of the roof of Plaza III as designated on Exhibit J attached hereto and made a part hereof consisting of approximately 20' x 28' to install, maintain and operate, at its sole cost and expense, a back-up generator and day tank (the "Roof Equipment"). Tenant shall furnish detailed plans and specifications for the Roof Equipment (or any modification thereof) to Landlord for its approval. Tenant's use of the rooftop of Plaza III shall be a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person for any use including without limitation installation of communication equipment or other generators or tanks. Tenant shall use its reasonable efforts to insure that its use of the rooftop does not impair such other person's data transmission and reception via its respective communication equipment. If Tenant's construction, installation, maintenance, repair, operation or use of the Roof Equipment shall interfere with the rights of Landlord (including, without limitation, Landlord's right to use the remainder of the roof) or other tenants in the Building, Tenant shall cooperate with Landlord or such other tenants in eliminating such interference; provided, however, the cost of remedying such interference shall be borne by the party which is suffering such interference, unless such party was using the affected equipment prior to the use of the Roof Equipment by Tenant, in which case the cost of remedying such interference shall be borne by Tenant. Tenant shall secure and keep in full force and effect, from and after the time Tenant begins construction and installation of the Roof Equipment, such supplementary insurance with respect to the Roof Equipment as Landlord may reasonably require. Tenant shall pay any additional or increased insurance premiums incurred by Landlord with respect to the Roof Equipment. 46.02. In connection with the installation, maintenance and operation of the Roof Equipment, Tenant, at Tenant's sole cost and expense, shall comply with all Legal Requirements, including, without limitation, any requirement to install screening surrounding such installations, and shall procure, maintain and pay for all permits required therefor, and Landlord makes no warranties whatsoever as to the permissibility of Roof Equipment under applicable Legal Requirements or the suitability of the roof of Plaza III for the installation thereof. If Landlord's structural engineer deems it advisable that there be structural reinforcement of the roof in connection with the installation of the Roof Equipment Landlord shall perform same at Tenants' cost and expense and Tenant shall not perform any such installation prior to the completion of any such structural reinforcement. The installation of the Roof Equipment shall be subject to the provisions of Article 6 applicable to alterations and installations. For the purpose of installing, servicing or repairing the Roof Equipment, Tenant shall have access to the rooftop of Plaza III at reasonable times upon reasonable notice to Landlord and Landlord shall have the right to require, as a condition to such access, that Tenant (or its employee, contractor or other representative) at all times be accompanied by a representative of Landlord, whom Landlord agrees to make available upon reasonable notice. Landlord agrees to use reasonable efforts to cooperate with Tenant in order to grant Tenant access to the rooftop in the event of an emergency. Tenant shall pay for all electrical service required for Tenant's use of the Roof Equipment, to be measured and charged in accordance with the provisions set forth in Article 4 hereof. 46.03. Tenant, at its sole cost and expense, shall promptly repair any and all damage to the rooftop or to any other part of the Building caused by the installation, maintenance, repair, operation or removal of the Roof Equipment. Tenant shall be responsible for all costs and expenses for repairs and maintenance of the roof which result from Tenant's use of the roof for the construction, installation, maintenance, repair, operation and use of the Roof Equipment. All installations made by Tenant on the rooftop or in any other part of the Building pursuant to the provisions of this Article 46 shall be at the sole risk of Tenant, and neither Landlord, nor any agent or employee of Landlord, shall be responsible or liable for any injury or damage to, or arising out of, the Roof Equipment. Tenant's indemnity under Section 38.01 shall apply with respect to the installation, maintenance, operation, repair, presence or removal of the Roof Equipment. 46.04. Upon the expiration of the Term, the Roof Equipment shall be removed by Tenant at its sole cost and expense, and Tenant shall repair any damage to and restore the rooftop or any other portions of the Building to their condition existing immediately prior to Tenant's installation of the Roof Equipment. 46.05. Tenant shall not be required to pay rent for the use of such Roof Equipment or use of the rooftop or any shaft space in connection with the use of rooftop for the purposes permitted herein and none of the same shall be included in the calculation of Tenant's Tax Share or Tenant's Expense Share. 46.06. Notwithstanding anything to the contrary contained in this Article 46, Landlord shall have the right, at Landlord's expense, on not less than thirty (30) days' prior notice, to relocate the Roof Equipment to another location on the roof of the Building, and Tenant shall cooperate in all reasonable respects with Landlord in any such relocation; provided, that if such relocation is done pursuant to any Legal Requirement, the cost thereof charged at Landlord's actual cost shall be borne by Tenant. 46.07. The rights granted in this Article 46 are given in connection with, and as part of the rights created under, this Lease and are not separately transferable or assignable but shall inure to and benefit Tenant and its permitted successors and assigns. 46.08. If the installation of the Roof Equipment or act or omission relating thereto should revoke, negate or in an any manner impair or limit any roof warranty or guaranty obtained by Landlord, then Tenant shall reimburse Landlord for any loss or damage sustained or costs or expenses incurred by Landlord as a result of such impairment or limitation, provided Landlord shall use reasonable efforts to give Tenant reasonable notice of any anticipated impairment and the opportunity to take any action necessary to avoid or eliminate such impairment..

Roof Equipment. 46.01. Subject to Landlord's prior approval, not to be unreasonably withheld or delayed, 48.01 Tenant shall have the right, subject to and in accordance with the provisions of this Article 4648, to use a portion of the roof of Plaza III II as designated on Exhibit J K attached hereto and made a part hereof consisting of approximately 20' x 28' 1600 square feet to install, maintain and operate, at its sole cost and expense, a two (2) back-up generator generators and day tank tanks and satellite dishes (subject to Landlord's reasonable approval of such satellite dishes) (the "Roof Equipment"). Tenant shall furnish detailed plans and specifications for the Roof Equipment (or any modification thereof) to Landlord for its approvalapproval in accordance with the provisions of Article 6 of this Lease. Tenant's use of the rooftop of Plaza III II shall be a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person for any use including without limitation installation of communication equipment or other generators or tanks. Tenant shall use its reasonable efforts to insure that its use of the rooftop does not impair such other person's data transmission and reception via its respective communication equipment. If Tenant's construction, installation, maintenance, repair, operation or use of the Roof Equipment shall interfere with the rights of Landlord (including, without limitation, Landlord's right to use the remainder of the roof) or other tenants in the Building, Tenant shall cooperate with Landlord or such other tenants in eliminating such interference; provided, however, the cost of remedying such interference shall be borne by the party which is suffering such interference, unless such party was using the affected equipment prior to the use of the Roof Equipment by Tenant, in which case the cost of remedying such interference shall be borne by Tenant. Tenant shall secure and keep in full force and effect, from and after the time Tenant begins construction and installation of the Roof Equipment, such supplementary insurance with respect to the Roof Equipment as Landlord may reasonably require. Tenant shall pay any additional or increased insurance premiums incurred by Landlord with respect to the Roof Equipment. 46.02. In connection with the installation, maintenance and operation of the Roof Equipment, Tenant, at Tenant's sole cost and expense, shall comply with all Legal Requirements, including, without limitation, any requirement to install screening surrounding such installations, and shall procure, maintain and pay for all permits required therefor, and Landlord makes no warranties whatsoever as to the permissibility of Roof Equipment under applicable Legal Requirements or the suitability of the roof of Plaza III for the installation thereof. If Landlord's structural engineer deems it advisable that there be structural reinforcement of the roof in connection with the installation of the Roof Equipment Landlord shall perform same at Tenants' cost and expense and Tenant shall not perform any such installation prior to the completion of any such structural reinforcement. The installation of the Roof Equipment shall be subject to the provisions of Article 6 applicable to alterations and installations. For the purpose of installing, servicing or repairing the Roof Equipment, Tenant shall have access to the rooftop of Plaza III at reasonable times upon reasonable notice to Landlord and Landlord shall have the right to require, as a condition to such access, that Tenant (or its employee, contractor or other representative) at all times be accompanied by a representative of Landlord, whom Landlord agrees to make available upon reasonable notice. Landlord agrees to use reasonable efforts to cooperate with Tenant in order to grant Tenant access to the rooftop in the event of an emergency. Tenant shall pay for all electrical service required for Tenant's use of the Roof Equipment, to be measured and charged in accordance with the provisions set forth in Article 4 hereof. 46.03. Tenant, at its sole cost and expense, shall promptly repair any and all damage to the rooftop or to any other part of the Building caused by the installation, maintenance, repair, operation or removal of the Roof Equipment. Tenant shall be responsible for all costs and expenses for repairs and maintenance of the roof which result from Tenant's use of the roof for the construction, installation, maintenance, repair, operation and use of the Roof Equipment. All installations made by Tenant on the rooftop or in any other part of the Building pursuant to the provisions of this Article 46 shall be at the sole risk of Tenant, and neither Landlord, nor any agent or employee of Landlord, shall be responsible or liable for any injury or damage to, or arising out of, the Roof Equipment. Tenant's indemnity under Section 38.01 shall apply with respect to the installation, maintenance, operation, repair, presence or removal of the Roof Equipment. 46.04. Upon the expiration of the Term, the Roof Equipment shall be removed by Tenant at its sole cost and expense, and Tenant shall repair any damage to and restore the rooftop or any other portions of the Building to their condition existing immediately prior to Tenant's installation of the Roof Equipment. 46.05. Tenant shall not be required to pay rent for the use of such Roof Equipment or use of the rooftop or any shaft space in connection with the use of rooftop for the purposes permitted herein and none of the same shall be included in the calculation of Tenant's Tax Share or Tenant's Expense Share. 46.06. Notwithstanding anything to the contrary contained in this Article 46, Landlord shall have the right, at Landlord's expense, on not less than thirty (30) days' prior notice, to relocate the Roof Equipment to another location on the roof of the Building, and Tenant shall cooperate in all reasonable respects with Landlord in any such relocation; provided, that if such relocation is done pursuant to any Legal Requirement, the cost thereof charged at Landlord's actual cost shall be borne by Tenant. 46.07. The rights granted in this Article 46 are given in connection with, and as part of the rights created under, this Lease and are not separately transferable or assignable but shall inure to and benefit Tenant and its permitted successors and assigns. 46.08. If the installation of the Roof Equipment or act or omission relating thereto should revoke, negate or in an any manner impair or limit any roof warranty or guaranty obtained by Landlord, then Tenant shall reimburse Landlord for any loss or damage sustained or costs or expenses incurred by Landlord as a result of such impairment or limitation, provided Landlord shall use reasonable efforts to give Tenant reasonable notice of any anticipated impairment and the opportunity to take any action necessary to avoid or eliminate such impairment..

Roof Equipment. 46.01. (a) Subject to Landlord's ’s prior approval, not to be unreasonably withheld or delayed, Tenant shall have the right, subject to and in accordance with the provisions of this Article 46Section 9.19, to use a the portion of the roof of Plaza III the Building substantially as designated shown hatched on Exhibit J attached hereto and made a part hereof consisting of approximately 20' x 28' H to install, maintain and operate, at its sole cost and expense, a back-up generator and day tank communication equipment (collectively, the "“Roof Equipment"”). Tenant shall pay to Landlord, as Additional Charges, a fee for the use of such portion of the roof of the Building at the rate charged by Landlord therefor from time to time, which rate shall be commercially reasonable for similarly situated first class commercial buildings located in midtown Manhattan. Tenant shall furnish detailed plans and specifications for the Roof Equipment (or any modification thereof) to Landlord for its approval. Tenant's ’s use of the rooftop of Plaza III the Building shall be a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person for any use including without limitation installation of other communication equipment or other generators or tanksprovided that the same does not materially and adversely affect Tenant’s use of the Roof Equipment. Tenant shall use its reasonable efforts to insure that its use of the rooftop does not impair such other person's ’s data transmission and reception via its respective communication equipment. If Tenant's ’s construction, installation, maintenance, repair, operation or use of the Roof Equipment shall interfere with the rights of Landlord (including, without limitation, Landlord's ’s right to use the remainder of the roof) or other tenants in the Building, Tenant shall reasonably cooperate with Landlord or such other tenants in eliminating such interference; provided, however, the cost of remedying such interference shall be borne by the party which is suffering such interference, unless such party was using the affected equipment prior to the use of the Roof Equipment by Tenant, in which case the cost of remedying such interference shall be borne by Tenant; and provided, further that such remedy shall not materially and adversely affect Tenant’s use of the Roof Equipment. Tenant shall secure and keep in full force and effect, from and after the time Tenant begins construction and installation of the Roof Equipment, such supplementary insurance with respect to the Roof Equipment as Landlord may reasonably require. Tenant shall pay any additional or increased insurance premiums incurred by Landlord with respect to the Roof Equipment. 46.02. (b) In connection with the installation, maintenance and operation of the Roof Equipment, Tenant, at Tenant's ’s sole cost and expense, shall comply with all Legal RequirementsLaws, including, without limitation, any requirement to install screening surrounding such installations, and shall procure, maintain and pay for all permits required therefor, and Landlord makes no warranties whatsoever as to the permissibility of Roof Equipment under applicable Legal Requirements Laws or the suitability of the roof of Plaza III the Building for the installation thereof. If Landlord's ’s structural engineer deems it advisable that there be structural reinforcement of the roof in connection with the installation of the Roof Equipment Landlord shall perform same at Tenants' ’ cost and expense and Tenant shall not perform any such installation prior to the completion of any such structural reinforcement. The installation of the Roof Equipment shall be subject to the provisions of Article 6 Section 4.01 applicable to alterations and installationsAlterations. For the purpose of installing, servicing or repairing the Roof Equipment, Tenant shall have access to the rooftop of Plaza III the Building at reasonable times upon reasonable notice to Landlord and Landlord shall have the right to require, as a condition to such access, that Tenant (or its employee, contractor or other representative) at all times be accompanied by a representative of Landlord. Unless the electricity consumed by the Roof Equipment is included on Tenant’s submeters, whom Landlord agrees to make available upon reasonable notice. Landlord agrees to use reasonable efforts to cooperate with Tenant in order to grant Tenant access to shall reasonably estimate the rooftop in electricity consumed by the event of an emergency. Roof Equipment and Tenant shall pay for all electrical service required for Tenant's use to Landlord on the first day of each month the Roof Equipment, to be measured and charged in accordance with the provisions set forth in Article 4 hereofamount so determined by Landlord. 46.03. (c) Tenant, at its sole cost and expense, shall promptly repair any and all damage to the rooftop or to any other part of the Building caused by the installation, maintenance, repair, operation or removal of the Roof Equipment. Tenant shall be responsible for all costs and expenses for repairs and maintenance of the roof which result from Tenant's Tenants use of the roof for the construction, installation, maintenance, repair, operation and use of the Roof Equipment. All installations made by Tenant on the rooftop or in any other part of the Building pursuant to the provisions of this Article 46 Section 9.19 shall be at the sole risk of Tenant, and neither Landlord, nor any agent or employee of Landlord, shall be responsible or liable for any injury or damage to, or arising out of, the Roof Equipment. Tenant's ’s indemnity under Section 38.01 6.12 shall apply with respect to the installation, maintenance, operation, repair, presence or removal of the Roof Equipment. 46.04. (d) Upon the expiration of the Term, the Roof Equipment shall be removed by Tenant at its sole cost and expense, and Tenant shall repair any damage to and restore the rooftop or any other portions of the Building to their condition existing immediately prior to Tenant's ’s installation of the Roof Equipment. 46.05. Tenant shall not be required to pay rent for the use of such Roof Equipment or use of the rooftop or any shaft space in connection with the use of rooftop for the purposes permitted herein and none of the same shall be included in the calculation of Tenant's Tax Share or Tenant's Expense Share. 46.06. (e) Notwithstanding anything to the contrary contained in this Article 46Section 9.19, Landlord shall have the right, at Landlord's expense, on ’s sole cost and expense (which cost and expense shall not less than thirty (30) days' prior noticeconstitute an Operating Expense), to relocate the Roof Equipment to another location on the roof of the Building, provided that Landlord does not, except on a temporary basis, unreasonably interfere with Tenant’s use of the Roof Equipment or materially adversely affect the receipt of and/or transmittal of microwaves or other similar signals, and Tenant shall cooperate in all reasonable respects with Landlord in any such relocation; provided, provided that if such relocation reallocation is done pursuant to any Legal RequirementLaw, the cost thereof charged at Landlord's actual cost shall be borne by Tenant. 46.07. (f) The rights granted in this Article 46 Section 9.19 are given in connection with, and as part of the rights created under, this Lease and are not separately transferable or assignable but shall inure to and benefit Tenant and its permitted successors and assigns. Tenant shall use the Roof Equipment solely in connection with activities permitted under Section 1.04. Tenant shall not sell any services arising out of the use of the Roof Equipment (A) to any other tenant or occupant of the Building (other than subtenants of Tenant) or (B) to the general public. 46.08(g) If at the time Tenant submits Tenant’s plans and specifications for the Roof Equipment to Landlord, Tenant specifically requests in writing that Landlord identify any aspects of such Roof Equipment or the installation thereof which could revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, then, at the time Landlord responds to such plans and specifications, Landlord shall so identify such aspects to Tenant. If the installation of the Roof Equipment or act or omission relating thereto should revoke, negate or in an any manner impair or limit any roof warranty or guaranty obtained by Landlord, then Tenant shall reimburse Landlord for any loss or damage sustained or costs or expenses incurred by Landlord as a result of such impairment or limitation, provided except to the extent that (i) Tenant made the request of Landlord shall use reasonable efforts at the time and in the manner set forth in the first sentence of this Section 9.19(g), (ii) such revocation, negation, impairment or limitation occurred by reason of a condition depicted on Tenant’s plans and specifications and (iii) Landlord failed to give notify Tenant reasonable notice of that such condition could revoke, negate or in any anticipated impairment and the opportunity to take manner impair or limit any action necessary to avoid roof warranty or eliminate such impairment..guaranty obtained by Landlord.