Common use of ROOF INSTALLATIONS Clause in Contracts

ROOF INSTALLATIONS. 48.1. Tenant shall have the right, subject to Article 7 of this Lease, and any superseding rights of existing tenants, to install supplemental HVAC units, antennae, satellite dishes and related equipment on the roof of the Building. Such installations shall not interfere in any manner with existing installations on the roof of the Building, or other similar equipment in the Building. Landlord may, in the reasonable exercise of its discretion, deny Tenant’s request to make such installations for any reason, including, without limitation, Landlord’s determination that any such installation would adversely impact the roof of the Building or any part thereof, or have a distributive impact on the Building, or adversely affect the Building’s appearance. To the extent necessary, and to the extent such access will not have an adverse impact on any other tenant of the Building, or the Building’s structural elements, Landlord shall provide shaft or riser space in the Common Areas, situated in locations subject to Landlord’s approval, to enable Tenant to connect such installations to the Leased Premises. To the extent Landlord provides such space in the Common Areas, Tenant’s Base Rent shall not be increased as a result. Any such installations shall be at Tenant’s sole cost and expense, and shall be removed by Tenant at Tenant’s sole cost and expense prior to the Termination Date or earlier termination of the Lease Term. Tenant shall be responsible for obtaining any necessary permits from, and complying with the applicable laws, codes, rules, regulations and/or ordinances of any Federal, state or local government, agency and/or authority having jurisdiction over the Building and regulating any such installations, and the maintenance and removal thereof, and Landlord shall cooperate with Tenant in connection with applying for same. Tenant shall be responsible for repairing any damage to the roof, the Building and/or the Property which may result from the installation, maintenance and/or removal of such equipment.

ROOF INSTALLATIONS. 48.1. Notwithstanding anything contained in this Lease to the contrary, Tenant shall have the right, subject to Article 7 of this Lease, and any superseding rights of existing tenants, be permitted to install supplemental HVAC unitsantennas and other telecommunications equipment (“Telecom Equipment”) on the rooftop of the Building only: (i) with Landlord’s prior written consent (which consent shall not be unreasonably withheld, antennaeconditioned or delayed), satellite dishes (ii) if Tenant has obtained all necessary permits and related approvals required therefor, (iii) for the purpose of Tenant’s conduct of the Permitted Uses within the Premises, (iv) such installation and the operation thereof shall not interfere with any existing communication equipment on the roof of the Building. Such installations shall not interfere in Building or any manner with existing installations on the roof of the Building, or other similar equipment in the Building. Landlord may, in the reasonable exercise of its discretion, deny Tenant’s request to make such installations for any reason, including, without limitation, Landlord’s determination that any neighboring property and (v) such installation would does not adversely impact affect the roof structural element of the Building or any part thereof, or have a distributive impact on the Building, or adversely affect the Building’s appearance. To the extent necessary, and to the extent such access will not have an adverse impact on any other tenant visual aesthetic of the Building, or the Building’s structural elements, Landlord shall provide shaft or riser space Building in the Common Areas, situated in locations subject to Landlord’s approval, to enable sole discretion. Upon the earlier of (x) the date upon which Tenant to connect discontinues all use of such installations to Telecom Equipment or (y) the Leased Premises. To the extent Landlord provides such space in the Common Areas, Tenant’s Base Rent shall not be increased as a result. Any such installations shall be at Tenant’s sole cost and expense, and shall be removed by Tenant at Tenant’s sole cost and expense prior to the Termination Date expiration or earlier termination of the Lease Term. , Tenant shall be responsible for obtaining any necessary permits from, remove the Telecom Equipment and complying with the applicable laws, codes, rules, regulations and/or ordinances of any Federal, state or local government, agency and/or authority having jurisdiction over the Building and regulating any such installations, and the maintenance and removal thereof, and Landlord shall cooperate with Tenant in connection with applying for same. Tenant shall be responsible for repairing repair any damage to the roofroof caused by any such installation or removal. The indemnification provisions of Section 5.7 of this Lease shall be deemed to include any claims, the Building and/or the Property which may result from liabilities, damages and expenses, including reasonable attorneys fees, relating to, or claimed to relate to, the installation, maintenance and/or removal maintenance, operation or use of the Telecom Equipment installed by Tenant. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment on the Site (other than to an assignee or subtenant permitted under Section 5.6.1 above). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Building and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunication equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant’s Telecom Equipment then existing and shall provide Landlord with a termination right if such equipmentinterference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference), Landlord shall exercise the termination right set forth in its agreement with such interfering party. Further, Landlord shall at all times during the Term reserve a minimum of 20 square feet of cumulative and not necessarily contiguous space on the roof for Tenant’s Telecom Equipment.

ROOF INSTALLATIONS. 48.1. Tenant shall have Subject to all requirements within Section 6 in the right------------------ Lease, to any applicable governmental ordinances, permits, fees or other applicable requirements or limitations and subject to Article 7 any interference provisions of this Lease, and any superseding rights of existing tenants, to install supplemental HVAC units, antennae, satellite dishes and related equipment on the roof of the Building. Such installations shall not interfere other leases in any manner with existing installations on the roof of the Building, or other similar equipment in the Building. Landlord may, in the reasonable exercise Tenant may utilize a portion of its discretion, deny Tenant’s request to make such installations for any reason, including, without limitation, Landlord’s determination that any such installation would adversely impact the roof of the Building or immediately over the Premises for the placement of telecommunications, additional air conditioning and/or similar equipment (the "Roof Improvements") for use in connection with Tenant's business and ----------------- use of the Premises and Truck Park such Roof Improvements to be in addition to the Building Structure modifications detailed in Exhibit B to the Lease. Prior to the installation Tenant shall submit for Landlord's reasonable approval detailed plans and specifications for any part thereofRoof Improvements. Landlord shall have the right to reasonably control and/or limit the size (not to exceed 200 sq.ft. of roof area), or have a distributive impact on location, color, design and screening (all equipment shall be screened; no equipment shall be higher than the Buildingscreen) of the Roof Improvements, or adversely affect the Building’s appearance. To contractor selected by Tenant to manufacture and install the extent necessaryRoof Improvements, and the method of installation. Subject to the extent such access will not have an adverse impact on any other tenant of the Buildingcontrol by Landlord, or the Building’s structural elements, Landlord shall provide shaft or riser space in the Common Areas, situated in locations subject to Landlord’s approval, to enable Tenant to connect such installations to the Leased Premises. To the extent Landlord provides such space in the Common Areas, Tenant’s Base Rent shall not be increased as a result. Any such installations shall be at Tenant’s sole cost and expense, and shall be removed by Tenant at Tenant’s sole cost and expense prior to the Termination Date or earlier termination of the Lease Term. Tenant shall be responsible for obtaining any necessary permits fromall aspects of the Roof Improvements including not by limitation the cost, and complying with the applicable lawsdesign, codesfabrication, rulespermitting, regulations and/or ordinances of any Federalinstallation (subject to Landlord's supervision), state or local governmentoperation, agency and/or authority having jurisdiction over the Building and regulating any such installationsmaintenance, and the maintenance repair, replacement and removal thereof, running electrical or other wiring, and Landlord shall cooperate with Tenant in connection with applying for sameproviding electricity to the Roof Improvements. Tenant shall keep all Roof Improvements operational and in good condition and repair. Tenant shall, at its expense, remove all Roof Improvements prior to expiration of the Term (as may be responsible extended) and shall make all necessary repairs to the Building upon such removal. Landlord may require such removal and repair upon thirty (30) days notice to Tenant in the event of an Event of Default which is not cured within said thirty day period. If Tenant fails to remove any Roof Improvements and make all necessary repairs as required herein, Landlord may do so at Tenant's expense. In such event, Landlord shall not be liable for repairing any damage to the roofany Roof Improvements, the Building and/or the Property which and may result retain, sell, or otherwise dispose of such items without obligation or liability to Tenant. Tenant shall indemnify and hold Landlord harmless from and against all claims, costs, and liabilities of whatever kind or nature relating to the installation, maintenance and/or existence, operation, maintenance, repair, replacement and removal of such equipmentany Roof Improvements.

ROOF INSTALLATIONS. 48.1. (a) Subject to applicable Laws, including height limitations imposed on the Building by the Federal Aviation Administration, Landlord shall provide Tenant shall have the rightright to use, subject to Article 7 free of this Leaseany license or rental fee for the use thereof, and any superseding rights a reasonable amount of existing tenants, to install supplemental HVAC units, antennae, satellite dishes and related equipment space on the roof of the Building. Such installations shall Building not interfere otherwise in any manner use for equipment installed in connection with existing installations the Base Building Work and the Tenant Improvements in the location shown on Exhibit Q attached hereto (the roof “Rooftop Installation Area”) for the installation and operation of equipment serving Tenant’s operations in the BuildingPremises including for telecommunications, or data transmission and other similar technologies and equipment in the Building. Landlord may, in the reasonable exercise of its discretion, deny Tenant’s request to make such installations for any reason, including, without limitation, Landlordantennas and satellite dishes, one (1) emergency generator (the “Emergency Generator”), and kitchen venting equipment, together with related equipment, mountings, and supports, and the installation of other supplemental equipment needed for Tenant’s determination that any such operations in the Premises and customarily installed on rooftops by tenants of comparable size in Comparable Buildings (collectively, “Tenant’s Roof Equipment”). Notwithstanding the provision of Article IX to the contrary, the height, diameter, design and installation would adversely impact the roof of the Building or any part thereof, or have a distributive impact on the Building, or adversely affect the BuildingTenant’s appearance. To the extent necessary, and to the extent such access will not have an adverse impact on any other tenant of the Building, or the Building’s structural elements, Landlord Roof Equipment shall provide shaft or riser space in the Common Areas, situated in locations be subject to Landlord’s approval, not to enable Tenant to connect such installations to the Leased Premises. To the extent be unreasonably withheld, conditioned or delayed; provided, however, that if Landlord provides such reasonably determines that there is inadequate space in the Common AreasRooftop Installation Area for the Emergency Generator, Tenant’s Base Rent Landlord may require that the Emergency Generator be installed on the Roof Terrace. It shall not be increased as a resultunreasonable for Landlord to determine that there is inadequate space in the Rooftop Installation Area for the Emergency Generator if the proposed plans for Tenant’s Emergency Generator do not provide for at least three (3) feet of clearance space on each side of the Emergency Generator or do not satisfy such proposed Emergency Generator’s exhaust/venting requirements. Any such installations Tenant and Xxxxxx’s contractors shall have reasonable access to the roof for the construction, installation, maintenance, repair, replacement, operation and use of Tenant’s Roof Equipment subject to Landlord’s reasonable and uniform rules requirements governing roof access of which Tenant has been given prior notice. The parties agree that Xxxxxx’s right to utilize the roof for the installation of Tenant’s Roof Equipment shall be at Tenant’s sole cost and expense, non-exclusive and shall be removed by Tenant at Tenant’s sole cost and expense prior subject to the Termination Date or earlier termination rights of the Lease Term. Tenant shall be responsible for obtaining any necessary permits from, and complying with Retail Unit owner to utilize the applicable laws, codes, rules, regulations and/or ordinances of any Federal, state or local government, agency and/or authority having jurisdiction over roof as set forth in the Building and regulating any such installations, and the maintenance and removal thereof, and Landlord shall cooperate with Tenant in connection with applying for same. Tenant shall be responsible for repairing any damage to the roof, the Building and/or the Property which may result from the installation, maintenance and/or removal of such equipmentCondominium Documents.

ROOF INSTALLATIONS. 48.1. Section 41.1 Tenant shall have the rightright to install, subject to Article 7 of this Leaseremove, replace, repair, maintain and any superseding rights of existing tenants, to install supplemental HVAC units, antennae, satellite dishes and related equipment operate on the roof of the Building. Such installations shall not interfere in any manner with existing installations available space on the roof of the Building, or other similar equipment in the Building. Landlord may, in the reasonable exercise of its discretion, deny Tenant’s request to make such installations for any reason, including, without limitation, Landlord’s determination that any such installation would adversely impact the roof of the Building or any part thereof, or have a distributive impact on the Building, or adversely affect the Building’s appearance. To the extent necessary, and to the extent such access will not have an adverse impact on any other tenant of the Building, or the Building’s structural elements, Landlord shall provide shaft or riser space in the Common Areas, situated in locations subject to Landlord’s approval, to enable Tenant to connect such installations to the Leased Premises. To the extent Landlord provides such space in the Common Areas, Tenant’s Base Rent shall not be increased as a result. Any such installations shall be at Tenant’s sole cost and expense, and shall be removed by Tenant at Tenant’s sole cost and expense prior (and by using Landlord’s designated contractor), a sixteen (16”) inch DSL satellite dish, antenna and support equipment (hereinafter collectively referred to as the Termination Date or earlier termination “Installations”), at a mutually agreeable location reasonably suitable for the installation and operation thereof, subject to all of the terms, covenants and conditions of this Lease Term. Tenant shall be responsible for obtaining any necessary permits from(including Article 6), and complying with the applicable lawssubject to Landlord’s prior written approval, codesincluding, ruleswithout limitation, regulations and/or ordinances approval as to size, weight, location and method of any Federalattachment, state which approval shall not be unreasonably withheld, conditioned or local government, agency and/or authority having jurisdiction over the Building and regulating any such installationsdelayed, and the approval of the Landmarks Preservation Commission. Landlord’s approval shall also be required for modifications to, and the removal of, the Installations, which approval shall not be unreasonably withheld, conditioned or delayed. In connection with Tenant’s installation, removal, replacement, repair, maintenance and removal operation of its Installations, Tenant shall comply with all Laws and shall procure, maintain and pay for all permits and licenses required therefor, including all renewals thereof, and . Landlord shall cooperate with Tenant to assist Tenant in connection with applying obtaining such permits and licenses. The parties agree that Tenant’s use of the roof of the Building is a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person, firm or corporation for sameany use, including the installation of other antennas, generators and/or communications systems. Tenant shall be responsible for repairing any damage to ensure that its use of the roofroof does not impair such other person’s, firm’s or corporation’s data transmission and reception via their respective antennas and support equipment, if any, and Landlord agrees that it shall require other tenants or occupants of the Building and/or requesting use of the Property which may result from roof to make a similar covenant in connection therewith. Tenant, at its sole cost and expense, shall install any screening device reasonably requested by Landlord at any time to ensure that the installationInstallations cannot be viewed or seen by the public and, maintenance and/or removal of if such equipmentscreening device is installed, it shall be deemed to be an Installation under this clause.

ROOF INSTALLATIONS. 48.1. Tenant shall have the rightright to install, subject to Article 7 of this Leaseremove, replace, repair, maintain and any superseding rights of existing tenants, to install supplemental HVAC units, antennae, satellite dishes and related equipment operate on the roof of the Building. Such installations shall not interfere in any manner with existing installations available space on the roof of the Building, or other similar equipment in the Building. Landlord may, in the reasonable exercise of its discretion, deny at Tenant’s request sole cost and expense (and by using a contractor approved by Landlord, which approval shall not be unreasonably withheld or delayed), such satellite dishes or antennae, together with any related wires, conduits and other equipment necessary or desirable for the operation the foregoing, (hereinafter collectively referred to make such installations as the “Roof Installations”), at a mutually agreeable location reasonably suitable for any reasonthe installation and operation thereof, subject to all of the terms, covenants and conditions of this Lease (including Article 8), and subject to Landlord’s prior written approval, including, without limitation, Landlord’s determination that any such installation would adversely impact the roof approval as to size, weight, location and method of the Building or any part thereofattachment, or have a distributive impact on the Building, or adversely affect the Building’s appearance. To the extent necessary, and to the extent such access will not have an adverse impact on any other tenant of the Building, or the Building’s structural elements, Landlord shall provide shaft or riser space in the Common Areas, situated in locations subject to Landlord’s approval, to enable Tenant to connect such installations to the Leased Premises. To the extent Landlord provides such space in the Common Areas, Tenant’s Base Rent which approval shall not be increased as a resultunreasonably, withheld conditioned or delayed. Any Landlord’s approval shall also be required for modifications to, and the removal of, the Roof Installations, which approval shall not be unreasonably withheld, conditioned or delayed. In connection with Tenant’s installation, removal, replacement, repair, maintenance and operation of its Roof Installations, Tenant shall comply with all Applicable Laws and shall procure, maintain and pay for all permits and licenses required therefor, including all renewals thereof. Landlord shall cooperate with Tenant to assist Tenant in obtaining such installations shall be permits and licenses, at Tenant’s sole cost and expense. Tenant, and shall be removed by Tenant at Tenant’s its sole cost and expense prior expense, shall install any screening device reasonably requested by Landlord or governmental authorities at any time to ensure that the Termination Date Roof Installations cannot be viewed or earlier termination of seen by the Lease Term. Tenant public and, if such screening device is installed, it shall be responsible for obtaining any necessary permits from, and complying with the applicable laws, codes, rules, regulations and/or ordinances of any Federal, state or local government, agency and/or authority having jurisdiction over the Building and regulating any such installations, and the maintenance and removal thereof, and Landlord shall cooperate with Tenant in connection with applying for same. Tenant shall deemed to be responsible for repairing any damage to the roof, the Building and/or the Property which may result from the installation, maintenance and/or removal of such equipmenta Roof Installation under this clause.

ROOF INSTALLATIONS. 48.1. Section 41.1 Tenant shall have the rightright to install, subject to Article 7 of this Leaseremove, replace, repair, maintain and any superseding rights of existing tenants, to install supplemental HVAC units, antennae, satellite dishes and related equipment operate on the roof of the Building. Such installations shall not interfere in any manner with existing installations available space on the roof of the Building, or other similar equipment in the Building. Landlord may, in the reasonable exercise of its discretion, deny Tenant’s request to make such installations for any reason, including, without limitation, Landlord’s determination that any such installation would adversely impact the roof of the Building or any part thereof, or have a distributive impact on the Building, or adversely affect the Building’s appearance. To the extent necessary, and to the extent such access will not have an adverse impact on any other tenant of the Building, or the Building’s structural elements, Landlord shall provide shaft or riser space in the Common Areas, situated in locations subject to Landlord’s approval, to enable Tenant to connect such installations to the Leased Premises. To the extent Landlord provides such space in the Common Areas, Tenant’s Base Rent shall not be increased as a result. Any such installations shall be at Tenant’s sole cost and expense, and shall be removed by Tenant at Tenant’s sole cost and expense prior (and by using a contractor approved by Landlord, which approval shall not be unreasonably withheld or delayed), a satellite dish and support equipment (hereinafter collectively referred to as the Termination Date or earlier termination “Installations”), at a mutually agreeable location reasonably suitable for the installation and operation thereof, subject to all of the terms, covenants and conditions of this Lease Term. Tenant shall be responsible for obtaining any necessary permits from(including Article 6), and complying with the applicable lawssubject to Landlord’s prior written approval, codesincluding, ruleswithout limitation, regulations and/or ordinances approval as to size, weight, location and method of any Federalattachment, state which approval shall not be unreasonably withheld, conditioned or local government, agency and/or authority having jurisdiction over the Building and regulating any such installationsdelayed. Landlord’s approval shall also be required for modifications to, and the removal of, the Installations, which approval shall not be unreasonably withheld, conditioned or delayed. In connection with Tenant’s installation, removal, replacement, repair, maintenance and removal operation of its Installations, Tenant shall comply with all Laws and shall procure, maintain and pay for all permits and licenses required therefor, including all renewals thereof, and . Landlord shall cooperate with Tenant to assist Tenant in connection with applying obtaining such permits and licenses. The parties agree that Tenant’s use of the roof of the Building is a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person, firm or corporation for sameany use, including the installation of other antennas, generators and/or communications systems. Tenant shall ensure that its use of the roof does not impair such other person’s, firm’s or corporations data transmission and reception via their respective antennas and support equipment, if any. Tenant, at its sole cost and expense, shall install any screening device reasonably requested by Landlord at any time to ensure that the Installations cannot be responsible for repairing any damage viewed or seen by the public and, if such screening device is installed, it shall be deemed to the roof, the Building and/or the Property which may result from the installation, maintenance and/or removal of such equipmentbe an Installation under this clause.

ROOF INSTALLATIONS. 48.1Section 32.1. Subject to Tenant's compliance with the terms and provisions of this Lease, Tenant shall have the rightright to erect, subject to Article 7 operate, remove, repair, replace and maintain microwave and satellite communications equipment or antennae as well as emergency generators and condenser water towers (the "Roof Installation") on the Roof Areas (as hereinafter defined) of the South Building, provided (i) all Roof Installations shall be the personal property of Tenant or anyone claiming through or under Tenant, and all Roof Installations (other than condenser water towers) shall be removed by Tenant, at Tenant's sole cost and expense, at the expiration or earlier termination of this Lease, and any superseding rights resulting damage to the Building and Building equipment shall be repaired at, or prior to, the Expiration Date, (ii) the installation and use of the Roof Installation would not (and does not) unreasonably interfere with use of the Roof Areas by Landlord pursuant to the Takeback Sublease, (iii) all such installations shall be a Voluntary Alteration subject to the provisions of Article 9 hereof, and shall be installed and maintained in accordance with Legal Requirements, and (iv) prior to installing, or permitting any installation of, any such Roof Installation, Tenant shall obtain Landlord's prior consent thereto which shall be withheld by Landlord only if, in Landlord's reasonable judgment, the visual impact of such installation (considering the aggregate of all such installations then existing tenantson such Roof Areas) on occupants of the Tower or the building at Eleven Madison Avenue, New York, New York is below the standard of a First-Class Office Building. All roofing and waterproofing related to install supplemental HVAC unitsthe installation, antennaerepair, satellite dishes and related equipment on replacement and/or removal of the roof Roof Installation shall be performed by Tenant, at Tenant's cost. No Roof Installation may be visible from the ground unless such Roof Installation will not operate unless it is placed in a location where it will be visible from the ground, in which event (provided the same will not jeopardize or risk or cause loss of the Building. Such installations shall not interfere 's status as a "Certified Historic Structure" for purposes of Tax Credits and the Building's eligibility for abatement, deferral and/or reduction of taxes under ICIP Laws) it may be placed in any manner with existing installations a location on the roof Roof Areas of the Building, or other similar equipment in the Building. mutually and reasonably determined by Landlord mayand Tenant, in the reasonable exercise of which permits such Roof Installation to operate and minimizes its discretion, deny Tenant’s request to make such installations for any reason, including, without limitation, Landlord’s determination that any such installation would adversely impact the roof of the Building or any part thereof, or have a distributive impact on the Building, or adversely affect the Building’s appearance. To the extent necessary, and to the extent such access will not have an adverse impact on any other tenant of the Building, or the Building’s structural elements, Landlord shall provide shaft or riser space in the Common Areas, situated in locations subject to Landlord’s approval, to enable Tenant to connect such installations to the Leased Premises. To the extent Landlord provides such space in the Common Areas, Tenant’s Base Rent shall not be increased as a result. Any such installations shall be at Tenant’s sole cost and expense, and shall be removed by Tenant at Tenant’s sole cost and expense prior to the Termination Date or earlier termination of the Lease Term. Tenant shall be responsible for obtaining any necessary permits from, and complying with the applicable laws, codes, rules, regulations and/or ordinances of any Federal, state or local government, agency and/or authority having jurisdiction over the Building and regulating any such installations, and the maintenance and removal thereof, and Landlord shall cooperate with Tenant in connection with applying for same. Tenant shall be responsible for repairing any damage to the roof, the Building and/or the Property which may result visibility from the installationground. For the purposes hereof, maintenance and/or removal of such equipment."

ROOF INSTALLATIONS. 48.1Section 32.1. Subject to Tenant's compliance with the terms and provisions of this Lease, Tenant shall have the rightright to erect, subject to Article 7 operate, remove, repair, replace and maintain microwave and satellite communications equipment or antennae as well as emergency generators and condenser water towers (the "Tenant Roof Installation") on the Roof Areas (as hereinafter defined) of the South Building, provided (i) all Tenant Roof Installations made by Tenant or anyone claiming through or under Tenant shall be the personal property of Tenant or anyone claiming through or under Tenant, and all such Tenant Roof Installations (other than condenser water towers) shall be removed by Tenant, at Tenant's sole cost and expense, at the expiration or earlier termination of this Lease, and any superseding rights resulting damage to the Building and Building equipment shall be repaired at, or prior to, the Expiration Date, (ii) the installation and use of existing tenants, to install supplemental HVAC units, antennae, satellite dishes such Tenant Roof Installation would not (and related equipment on the roof does not) unreasonably interfere with use of the Building. Such installations shall not interfere in any manner with existing installations on the roof of the Building, or other similar equipment in the Building. Roof Areas by Landlord may, in the reasonable exercise of its discretion, deny Tenant’s request pursuant to make such installations for any reason, including, without limitation, Landlord’s determination that any such installation would adversely impact the roof of the Building or any part thereof, or have a distributive impact on the Building, or adversely affect the Building’s appearance. To the extent necessary, and to the extent such access will not have an adverse impact on any other tenant of the Building, or the Building’s structural elements, Landlord shall provide shaft or riser space in the Common Areas, situated in locations subject to Landlord’s approval, to enable Tenant to connect such installations to the Leased Premises. To the extent Landlord provides such space in the Common Areas, Tenant’s Base Rent shall not be increased as a result. Any Section 32.4) (iii) all such installations shall be at Tenant’s sole cost and expensea Voluntary Alteration subject to the provisions of Article 9 hereof, and shall be removed by Tenant at Tenant’s sole cost installed and expense maintained in accordance with Legal Requirements, and (iv) prior to installing, or permitting any installation of, any such Tenant Roof Installation, Tenant shall obtain Landlord's prior consent thereto which shall be withheld by Landlord only if, in Landlord's reasonable judgment, the Termination Date or earlier termination visual impact of such installation (considering the aggregate of all such installations then existing on such Roof Areas) on occupants of the Lease TermTower or the building at Eleven Madison Avenue, New York, New York is below the standard of a First-Class Office Building. Tenant shall be responsible for obtaining any necessary permits from, All roofing and complying with the applicable laws, codes, rules, regulations and/or ordinances of any Federal, state or local government, agency and/or authority having jurisdiction over the Building and regulating any such installations, and the maintenance and removal thereof, and Landlord shall cooperate with Tenant in connection with applying for same. Tenant shall be responsible for repairing any damage waterproofing related to the roof, the Building and/or the Property which may result from the installation, maintenance repair, replacement and/or removal of such equipment.Tenant Roof Installation shall be performed by Tenant, at Tenant's cost. No Tenant Roof Installation made by Tenant or anyone claiming through or under Tenant may be visible from the ground unless such Tenant Roof Installation will not operate unless it is placed in a location where it will be visible from the ground, in which event (provided the same will not jeopardize or risk or cause loss of the Building's status as a "Certified Historic Structure" for purposes of Tax Credits and the 101

ROOF INSTALLATIONS. 48.1. (a) Subject to Tenant’s compliance with the terms and provisions of this Lease and Landlord’s prior approval in each instance, such approval not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right, subject to Article 7 of this Lease, and any superseding rights of existing tenants, to install supplemental HVAC units, antennae, satellite dishes and related equipment on the roof of the Building. Such installations shall not interfere in any manner with existing installations on the roof of the Building, or other similar equipment in the Building. Landlord may, in the reasonable exercise of its discretion, deny Tenant’s request to make such installations for any reason, including, without limitation, Landlord’s determination that any such installation would adversely impact the roof of the Building or any part thereof, or have a distributive impact on the Building, or adversely affect the Building’s appearance. To the extent necessary, and to the extent such access will not have an adverse impact on any other tenant of the Building, or the Building’s structural elements, Landlord shall provide shaft or riser space in the Common Areas, situated in locations subject to Landlord’s approval, to enable Tenant to connect such installations to the Leased Premises. To the extent Landlord provides such space in the Common Areas, Tenant’s Base Rent shall not be increased as a result. Any such installations shall be at Tenant’s sole cost and expense, to erect, operate, remove, repair, replace and shall be removed by Tenant at maintain satellite communications equipment and/or antennae ancillary to Tenant’s sole cost use of the Premises at a location designated by Landlord in accordance with its usual practices for locating similar Roof Installations (any of the foregoing, as the same may be replaced from time to time, collectively, the “Roof Installations”) in each case without additional charge by Landlord therefor, provided (i) Tenant promptly repairs any damage to any property, including the Building and expense Building equipment, caused by such installation, maintenance, operation, repair, removal and replacement, (ii) at or prior to the Termination Date expiration or earlier termination of this Lease, Tenant removes such Roof Installations that, as part of Landlord’s approval of plans approved as provided in this Lease, Landlord advised Tenant that Landlord would, at the Lease Termexpiration or earlier termination of this Lease, require Tenant to remove and that Tenant repairs any resulting damage to the Building and Building equipment, and (iii) the installation and use of the Roof Installations would not (and does not) unreasonably interfere with use of the roof by Landlord and such other parties as Landlord shall now or hereafter permit to use the roof for other purposes. Tenant shall be responsible for obtaining any necessary permits fromhave the right, and complying in common with the applicable lawsothers, codes, rules, regulations and/or ordinances of any Federal, state or local government, agency and/or authority having jurisdiction over the Building and regulating any such installations, and the maintenance and removal thereof, and Landlord shall cooperate with Tenant in connection with applying for same. Tenant shall be responsible for repairing any damage reasonable access to the roof, the Building and/or the Property which may result from roof for the installation, maintenance operation, maintenance, repair, replacement and removal of the Roof Installations and for the partial or complete replacement of the foregoing, subject to the provisions of this Lease and to such other reasonable conditions imposed by Landlord or such other occupants or tenants of the Building who may be adversely affected thereby. Notwithstanding the foregoing, all roofing and waterproofing related to the installation, repair, replacement and/or removal of such equipment.the Roof Installations shall be performed by Landlord, and Tenant shall reimburse Landlord for Landlord’s reasonable out-of-pocket costs thereof. No Roof Installations installed by Tenant may be visible from the ground or from any terraces in the Building (including those on the 29th floor). 119

ROOF INSTALLATIONS. 48.1Section 41.1. Tenant shall have the rightnon-exclusive right to install, subject to Article 7 of this Leaseremove, replace, repair, maintain and any superseding rights of existing tenants, to install supplemental HVAC units, antennae, satellite dishes and related equipment operate on two 20’ by 20’ areas designated by Landlord on the roof of above the Building. Such installations shall not interfere in any manner with existing installations on the roof of the Building, or other similar equipment in the Building. Landlord may, in the reasonable exercise of its discretion, deny Tenant’s request to make such installations for any reason, including, without limitation, Landlord’s determination that any such installation would adversely impact the roof eighth (8th) floor of the Building or any part thereof(the “Installation Area”), or have a distributive impact on the Building, or adversely affect the Building’s appearance. To the extent necessary, and to the extent such access will not have an adverse impact on any other tenant of the Building, or the Building’s structural elements, Landlord shall provide shaft or riser space in the Common Areas, situated in locations subject to Landlord’s approval, to enable Tenant to connect such installations to the Leased Premises. To the extent Landlord provides such space in the Common Areas, Tenant’s Base Rent shall not be increased as a result. Any such installations shall be at Tenant’s sole cost and expense, the AC Unit and shall be removed by Tenant at Tenant’s sole cost and expense prior related equipment (hereinafter collectively referred to as the Termination Date or earlier termination “Installations”), subject to all of the terms, covenants and conditions of this Lease Term. Tenant shall be responsible for obtaining any necessary permits from(including Article 6), and complying with the applicable lawssubject to Landlord’s prior written approval, codesincluding, ruleswithout limitation, regulations and/or ordinances approval as to size, weight and method of any Federalattachment, state which approval shall not be unreasonably withheld, conditioned or local government, agency and/or authority having jurisdiction over the Building and regulating any such installationsdelayed. Landlord’s approval shall also be required for modifications to, and the removal of, the Installations, which approval shall not be unreasonably withheld, conditioned or delayed. In connection with Tenant’s installation, removal, replacement, repair, maintenance and removal operation of its Installations, Tenant shall comply with all Laws and shall procure, maintain and pay for all permits and licenses required therefor, including all renewals thereof, and . Landlord shall cooperate with Tenant to assist Tenant in connection with applying obtaining such permits and licenses. The parties agree that, except for samethe Installation Area, Tenant’s use of the roof of the Building is a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person, firm or corporation for any use, including the installation of antennas, generators and/or communications systems. Tenant Tenant’s use of the roof shall not impair such other person’s, firm’s or corporation’s data transmission and reception via their antennas and support equipment, if any. Tenant, at its sole cost and expense, shall install any screening device reasonably requested by Landlord at any time so that the Installations cannot be viewed or seen by the public and, if such screening device is installed, it shall be responsible for repairing any damage deemed to the roof, the Building and/or the Property which may result from the installation, maintenance and/or removal of such equipmentbe an Installation under this clause.

ROOF INSTALLATIONS. 48.1. Tenant shall have the right, subject to Article 7 of this LeaseThe Working Drawings may call for, and any superseding rights the Work may include, installation of existing tenants, to install supplemental HVAC unitsequipment to serve the Premises, antennaewhich may include installation of HVAC equipment on the Building’s roof. In such instance, satellite dishes and related equipment Landlord agrees that Tenant may use an area of approximately 8 feet by 35 feet (but no more space than is necessary based on Tenant’s plans) exclusive of the steel substructure platform for the unit on the roof of the Building. Such installations Building so that Tenant may install HVAC equipment for the Premises (the “Rooftop Unit”), provided that (a) the size, location and manner of installation of such Rooftop Unit shall be determined by Landlord in its sole discretion, (b) the Rooftop Unit shall be located so as to not interfere in any manner with existing installations on be visible except from above the roof Building and Tenant shall install such screens as may be necessary to prevent the visibility of the BuildingRooftop Unit, or other similar equipment in the Building. Landlord may, in the reasonable exercise of its discretion, deny Tenant’s request (c) no such Rooftop Unit shall be affixed to make such installations for any reason, including, without limitation, Landlord’s determination that any such installation would adversely impact the roof of the Building or by any part thereofdevice which penetrates the roof and Landlord shall have the right to approve in advance Tenant’s mounting of the Rooftop Unit, or have a distributive impact on (d) Tenant shall bear all costs and liability incurred with respect to the Buildinginstallation, or adversely affect the Building’s appearance. To the extent necessaryoperation, maintenance, and insuring of the Rooftop Unit, (e) installation and operation of the Rooftop Unit shall be performed in such manner as is necessary in order to preserve Landlord's roof warranty, and (f) the extent such access will not have an adverse impact on any other tenant installation, operation and maintenance of the Rooftop Unit is permitted under and performed in full compliance with all applicable laws and the rules and regulations of the Building, or . Landlord agrees that Tenant shall have the Building’s structural elements, Landlord shall provide shaft or riser space non-exclusive right to use a pathway in the Common AreasBuilding for installation, situated in locations subject operation, and maintenance of equipment connecting the Rooftop Unit to LandlordTenant’s approval, to enable Tenant to connect such HVAC installations to the Leased Premises. To the extent Landlord provides such space in the Common AreasPremises; provided that (i) such use of the pathway may be shared with other tenants and Landlord, Tenant’s Base Rent (ii) Tenant shall not be increased as a result. Any such installations shall be at Tenant’s sole cost and expensemake no installation or alteration outside of the Premises without Landlord's prior written consent, and shall be removed by Tenant at Tenant’s sole cost and expense prior to the Termination Date or earlier termination of the Lease Term(iii) such use otherwise complies with this Section. Tenant shall be responsible for obtaining the repair and maintenance of the Rooftop Unit and all related equipment and components during the Term of this Lease, at Tenant's sole cost and expense. Upon the expiration or earlier termination of this Lease, the Rooftop Unit and related equipment shall remain in place and shall be deemed conveyed by Tenant to Landlord without further Bxxx of Sale and shall thereafter be Landlord’s personal property. The Rooftop Unit and related equipment shall be in good working order upon the date of conveyance to Landlord. Any structural reinforcement required for Tenant’s rooftop installations before the expiration or earlier termination of this Lease shall be made at Tenant's sole cost and will be performed by contractors approved by Landlord. Landlord will not be liable to Tenant or to any necessary permits fromother person whomsoever for any injury to person or damage to property, and complying with the applicable laws, codes, rules, regulations and/or ordinances arising out of any Federal, state use of the roof or local government, agency and/or authority having jurisdiction over any other portion of the Building and regulating any such installations, and the maintenance and removal thereof, and Landlord shall cooperate with Tenant in connection with applying for same. the Rooftop Unit and Tenant shall be responsible for repairing hereby indemnifies Landlord from any damage to the roof, the Building and/or the Property which may result from the installation, maintenance and/or removal of such equipmentand all liability thereof.