Roof Rights. Tenant shall be granted the right to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna. a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld. c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty. d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project. e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance. f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 5 contracts
Samples: Office Lease (Worldwide Wireless Networks Inc), Office Lease (Worldwide Wireless Networks Inc), Office Lease (Worldwide Wireless Networks Inc)
Roof Rights. During the Lease Term, Tenant shall be granted have the right to install one maintain its microwave antenna and related equipment on the roof of the Building that are existing and in place as of the date of this Lease (1the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) antenna shall be subject to the prior written consent of Landlord, such consent to be given or withheld in Landlord’s sole discretion. Tenant’s shall comply with the following terms and conditions with respect to the Existing Antenna and any Antenna Changes (collectively, the “Equipment”): (a) the Equipment shall be in conformity with all applicable zoning and other laws, (b) with respect to the Antenna Area at Tenant's expense Changes, Landlord must first approve the size of, location of, and specifications for the Antenna Changes, and (c) the location, installation and maintenance of the Equipment shall (i) be subject to appropriate and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental approval laws, codes, rules, regulations and Landlord's reasonable approval. Prior ordinances in effect from time to time; (ii) be located on that part of the roof as Landlord may from time to time designate away from the perimeter of the roof so as not to be visible from the street level (except that Landlord may after the initial installation of any portion of such Equipment from time to time cause Tenant to relocate such Equipment to another portion of the antennaroof, at Landlord’s sole cost and expense); and (iii) in no manner interfere with the use of any other communications equipment installed on the roof prior to the time Tenant shall submit to Landlord all plans, specifications and drawingsinstalls the Equipment. Tenant shall not be responsible obligated to pay any additional rent for the installation, maintenance and operation and liability such use of the antenna.
a) Landlord agrees that during roof. During the Term (as defined in Section 3 below)Lease Term, Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as warrants that it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shallwill, at its sole cost and expense within fourteen (14) daysexpense, remove or have removed such Equipment maintain in force and Cables upon the earlier of (1) the expiration or termination effect, in addition to any other insurance requirements of this AgreementLease, or insurance (iisuch insurance to provide coverage for both Landlord and Tenant, as named insureds) the expiration with coverage limits of the Leasenot less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection furnish Landlord with the installation, use and maintenance a copy of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof insurance policy or roof membrane as a result certificate thereof upon Tenant’s execution of the installation or any access to the antennathis Lease. Tenant shall indemnify, defend, protect defend and hold Landlord harmless from and against liabilityany claims, damages, costs and expensescosts, including reasonable attorneys' fees incurred expenses or suffered by Landlord directly caused by liabilities arising in connection with Tenant's ’s installation, maintenance (or failure to maintain), removal or use and maintenance of the Equipment and Cablesor with Tenant’s activities on or having access to the roof of the Building, including without limitation, injury and death except to persons, damage the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to property and interference with grant to other tenants and licensee's licensees similar rights who are sharing roof-top facilities on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at the Project.
e) Tenant shall maintain in force its sole cost and effect during the Termexpense, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of will keep the Equipment and Cablessurrounding area in good order and repair and free from any hazard to person or property. Upon termination of this Lease, Tenant, at its sole cost and expense, shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of remove the Equipment and Cablesshall restore the roof of the Building to its condition existing prior to the installation of the Equipment, ordinary wear and tear excepted. Tenant shall further repair, at its sole cost and expense, any damage or destruction caused by the removal of the Equipment. All work performed by or on behalf of Tenant on the rooftop shall be done under the supervision of a representative of Landlord at such time and in such a manner that is satisfactory to Landlord and in such a manner so as to not void any roof warranty or guaranty.
Appears in 3 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Aptinyx Inc.), Office Lease Agreement (Aptinyx Inc.)
Roof Rights. Subject to all governmental laws, rules and regulations and compliance with the CC&R's, Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and access, without further payment of Rent to Landlord, to install, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication Equipment shall be granted governed by the following terms and conditions:
(i) Tenant's right to install one (1) antenna in install, replace, repair, remove, operate and maintain the Antenna Area at Tenant's expense and Communication Equipment shall be subject to appropriate all governmental approval laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease.
(ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's reasonable approvalprior written consent which shall not be unreasonably withheld or delayed. Prior In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to installation Landlord's prior written consent, which shall not be unreasonably withheld or delayed.
(iii) All costs of installation, operation and maintenance of the antennaCommunication Equipment and any necessary related equipment (including, Tenant without limitation, costs of obtaining any necessary permits and of connections to the Building's electrical system) shall submit be borne by Tenant. All such Communication Equipment shall be screened to Landlord all plans, specifications commercially reasonable standards and drawingsto prevent visual impairment. Tenant shall be responsible for the installationreplacement, maintenance repair and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below)maintenance, Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and expense, of those areas on the roof of the PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Building surrounding Tenant's Communication Equipment to the extent any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in good and work-manlike manner. this Lease.
(iv) Tenant shall have and retain whatever title and rights endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities.
(v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment as it has will be able to receive or claims transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to haveTenant therefor.
(vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, exclusive or utilized by, any other person or entity with the exception of space in and structural portions any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the buildingsBuilding or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c(vii) The Equipment and Cables Tenant shall remain (i) be solely responsible for any damage caused as a result of the property of Tenant or its contractor during the Term. Tenant shallCommunication Equipment, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possiblepromptly pay any tax, Tenant shall restore Landlord's affected facilities license or permit fees charged pursuant to their original condition, including repainting any laws or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense regulations in connection with the installation, maintenance or use of the Communication 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 such the Communication Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of repairs required by the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Communication Equipment.
(viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licenseerelated equipment at Tenant's rights who are sharing roof-top facilities at sole expense upon the Project.
e) Tenant shall maintain in force and effect during expiration or sooner termination of this Lease or upon the Term, comprehensive liability insurance protecting Landlord against imposition of any liability, damages costs governmental law or expenses, in connection with the installation, use and maintenance of the Equipment and Cablesregulation which may require removal, and shall supply repair the Building upon such removal to Landlordthe extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, upon LandlordLandlord may do so at Tenant's written request, expense. Landlord reserves the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, right to use and maintenance a portion of the Equipment and Cablesroof space on the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22.
Appears in 3 contracts
Samples: Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc)
Roof Rights. Tenant shall be granted have the right to install one (1) antenna in use the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation roof of the antenna, Tenant shall submit to Landlord all plans, specifications Buildings and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered building structure required by Tenant from time to Landlord time for installation and use of equipment exclusively in connection with its operations in the initial approval process. All Premises, including, without limitation, HVAC equipment, microwave dish or other communications radio antenna and associated equipment (“Roof Equipment”) under the following conditions: (a) the Roof Equipment shall comply with all Legal Requirements, (b) all installation, removal and maintenance of Tenant's construction and installation work the Roof Equipment shall be performed by Tenant at Tenant's ’s sole cost and expense expense, (c) the Roof Equipment shall be removed by Tenant at the expiration of the Term or earlier termination of this Lease in accordance with the requirements of Section 4.8, (d) the Roof Equipment shall be used solely for Tenant’s internal operational benefit and Tenant shall not derive any benefit from the sale of use privileges of the Roof Equipment, (e) any new Roof Equipment that Tenant desires to install subsequent to the Commencement Date shall be placed in good a location reasonably agreed to by Landlord and work-manlike mannerTenant and (f) any new Roof Equipment that Tenant desires to install subsequent to the Commencement Date shall not exceed the pounds per square foot “live load” design limit of the roof. Tenant shall have and retain whatever title and rights no obligation to the Equipment as it has or claims to havepay Base Rent for such right, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. but Tenant shall, at its sole cost and expense within fourteen (14) daysexpense, remove maintain any Roof Equipment in good condition and repair, and comply with the terms and conditions set forth in this Lease with respect to the installation of the Roof Equipment, and the use of the roof and building structure. Any roof penetrations shall be subject to the approval of Landlord in its reasonable discretion. Any new Roof Equipment installed by Tenant after the Commencement Date shall be deemed a Minor Alteration unless such installation involves a roof penetration or have removed adversely affects the proper functioning of the Building Systems. If the installation or use of any Roof Equipment shall invalidate any roof warranty, Tenant shall reimburse Landlord for the costs of any repairs to the roof which are not covered by such Equipment roof warranty solely due to the Tenant’s installation of the Roof Equipment. Tenant hereby indemnifies and Cables upon agrees to hold harmless Landlord, Landlord Responsible Parties and any Mortgagee providing financing with respect to any portion of the earlier Premises from any claim, liability, loss, damage, expense, cause of (1) action or proceeding arising from Tenant’s use of the roofs of the Buildings. The foregoing indemnity shall survive the expiration or earlier termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 2 contracts
Samples: Lease Agreement (Mercury Computer Systems Inc), Lease Agreement (Mercury Computer Systems Inc)
Roof Rights. (a) Subject to availability, any existing encumbrances and the terms and conditions hereof, Tenant shall have the right, at no additional usage or occupancy charge (provided, however, that Tenant shall be granted responsible for any and all costs and fees incurred in connection with preparing the right Roof Area for Tenant’s Roof Equipment, including any removal, relocation or modification of existing equipment or facilities to install one (1) antenna in the Antenna Area at accommodate Tenant's expense and ’s Roof Equipment), but otherwise subject to appropriate governmental approval the terms and Landlord's reasonable approval. Prior conditions of this Lease, to installation use certain surface space on the roof of the antennaBuilding, in a location designated by Landlord and reasonably acceptable to Tenant (the “Roof Area”), for the purpose of installing (in accordance with Article 8), operating and maintaining telecommunications equipment, supplemental backup power devices and supplemental HVAC devices (collectively, the “Tenant’s Roof Equipment”) approved by Landlord.
(b) Tenant shall install Tenant’s Roof Equipment at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate and in accordance with all of the provisions of this Lease, including without limitation Article 8. Tenant shall not install or operate Tenant’s Roof Equipment until it receives prior written approval of the plans for such work (including the manner in which the Tenant’s Roof Equipment are attached to the roof of the Building and the manner in which any cables are run to and from the Tenant’s Roof Equipment) in accordance with Article 8. Landlord may withhold approval if the installation or operation of Tenant’s Roof Equipment reasonably would be expected to damage the Base Building. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Tenant’s Roof Equipment. In addition, if required by any governmental approvals or if at any time Landlord, in its reasonable discretion deems it necessary, Tenant shall submit provide and install, at Tenant’s sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Tenant’s Roof Equipment. Tenant shall engage Landlord’s roofer before beginning any rooftop installations or repairs of Tenant’s Roof Equipment, whether under this Section 4 or otherwise, and shall always comply with any roof warranty governing the protection of the roof and modifications to the roof. Tenant shall use reasonable efforts to obtain a letter from Landlord’s roofer following completion of such work stating that the roof warranty remains in effect, if applicable. Tenant, at its sole cost and expense, shall inspect the Roof Area periodically and correct any loose bolts, fittings or other appurtenances and shall repair any damage to the roof caused by the installation or operation of Tenant’s Roof Equipment. Tenant shall pay Landlord following a written request and invoice therefor, within thirty (30) days after receipt of such invoice, (i) all plansapplicable taxes or governmental charges, specifications fees, or impositions imposed on Landlord because of Tenant’s use of the Roof Area and drawings(ii) the amount of any increase in Landlord’s insurance premiums as a result of the installation of Tenant’s Roof Equipment.
(c) Tenant agrees that the installation, operation and removal of Tenant’s Roof Equipment shall be at its sole risk. Subject to the waiver set forth in Section 13.04 of the Lease and except to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Related Parties, Tenant shall indemnify and defend Landlord and the Landlord Related Parties against any liability, claim or cost, including reasonable attorneys’ fees, incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury (except to the extent due to the negligence or willful misconduct of Landlord or a Landlord Related Party) arising out of the installation, use, operation, or removal of Tenant’s Roof Equipment by Tenant or its employees, agents, contractors, or invitees, including any liability arising out of Tenant’s violation of this Section 4. Landlord assumes no responsibility for interference in the operation of Tenant’s Roof Equipment caused by other tenants’ equipment, or for interference in the operation of other tenants’ equipment caused by Tenant’s Roof Equipment. The provisions of this Section 4 shall survive the expiration or earlier termination of this Lease.
(d) Upon the expiration or earlier termination of the Lease, Tenant, at its sole cost and expense, shall (i) remove Tenant’s Roof Equipment from the Roof Area in accordance with the provisions of this Lease and (ii) repair any damage caused by such removal. If Tenant does not remove Tenant’s Roof Equipment when so required, Landlord may remove and dispose of it and charge Tenant for all costs and expenses incurred.
(e) It is understood and agreed that the installation, maintenance, operation and removal of the Tenant’s Roof Equipment and aesthetic screening, if any, is not permitted to damage the Building or the roof thereof, nor interfere with the use of the Building and roof by Landlord. Tenant shall be responsible for any damage to the installation, maintenance and operation and liability roof or any other part of the antenna.
aBuilding caused by Tenant or any of its agents, contractors or representatives in the exercise of Tenant’s rights under this Section 4. If Tenant’s Roof Equipment (i) Landlord agrees causes physical damage to the Base Building, (ii) materially interferes with any telecommunications, mechanical or other systems located at or servicing the Building, or (iii) interferes with any other service provided to other tenants in the Building, in each case in excess of that during permissible under F.C.C. or other regulations (to the Term (as defined in Section 3 belowextent that such regulations apply and do not require such tenants or those providing such services to correct such interference or damage), Tenant may installshall within ten (10) Business Days of notice of a claim of interference or damage cooperate with Landlord or any other tenant or third party making such claim to determine the source of the damage or interference and effect a prompt solution at Tenant’s expense (if Tenant’s Roof Equipment caused such interference or damage). In the event Tenant disputes in good faith Landlord’s allegation that Tenant’s Roof Equipment is causing a problem with the Building (including, use but not limited to, the electrical, HVAC, and have maintained mechanical systems of the Building) and/or any other Building tenants’ equipment in the Antenna AreaBuilding, in writing delivered within ten (10) Business Days of receiving Landlord’s notice claiming such interference, then Landlord and Tenant shall meet to discuss a solution, and if within seven (7) days of their initial meeting Landlord and Tenant are unable to resolve the dispute, then the matter shall be submitted to arbitration in accordance with the provisions set forth below. The parties shall direct the Boston office of the AAA to appoint an arbitrator who shall have a minimum of ten (10) years’ experience in commercial real estate disputes and who shall not be affiliated with either Landlord or Tenant. Both Landlord and Tenant shall have the opportunity to present evidence and outside consultants to the arbitrator. The arbitration shall be conducted in accordance with the commercial real estate arbitration rules of the AAA insofar as such rules are not inconsistent with the provisions of this Lease (in which case the provisions of this Lease shall govern). The cost of the arbitration (exclusive of each party’s witness and reasonable attorneys’ fees, which shall be paid by such party) shall be borne equally by the parties. Within ten (10) days of appointment, the arbitrator shall determine whether or not Tenant’s Roof Equipment is causing a problem with the Building and/or any other Building tenants’ equipment in the Building, and the appropriate resolution, if any. The arbitrator’s decision shall be final and binding on the parties. If Tenant shall fail to implement the arbitrator’s decision within ten ("Equipment"10) days after it is issued (provided, however, if Tenant cannot reasonably complete the implementation of such required actions within such ten-(10)-day period, Tenant shall be allowed additional time as specifically described is reasonably necessary to cure such failure so long as Tenant begins the cure within such ten-(10)-day period and diligently pursues the cure to completion), Landlord may at any time thereafter (i) declare a Default and/or (ii) relocate the item(s) of Tenant’s Roof Equipment in documentation delivered by dispute in a manner consistent with the arbitral decision.
(f) Based on Landlord’s good faith determination that such a relocation is necessary, Landlord reserves the right to cause Tenant to relocate Tenant’s Roof Equipment located on the roof to comparably functional space on the roof by giving Tenant prior notice of such intention to relocate. Landlord in connection with agrees to pay the initial approval process. All reasonable cost of moving Tenant’s Roof Equipment to such other space, taking such other steps necessary to ensure comparable functionality of Tenant's construction ’s Roof Equipment, and installation work shall be performed at finishing such space to a condition comparable to the then condition of the current location of Tenant's sole cost and expense and in good and work-manlike manner’s Roof Equipment. Tenant shall arrange for the relocation of Tenant’s Roof Equipment within ninety (90) days after Landlord’s notice. In the event Tenant fails to arrange for said relocation within the ninety (90) day period, Landlord shall have and retain whatever title and rights the right to arrange for the relocation of Tenant’s Roof Equipment at Landlord’s expense.
(g) Tenant agrees that if Landlord makes or plans to make any repairs, alterations, modifications, additions or improvements to the Equipment as it has Building (including any repairs or claims to have, exclusive of space in and structural portions replacement of the buildingsroof, which belong other components of the Base Building) that will require an adjustment or modification to and the Roof Area or temporary removal of the Tenant’s Roof Equipment in order to perform such work, Landlord shall be retained responsible, at Landlord’s cost, for the temporary removal and storage of such Tenant’s Roof Equipment and any re-installation thereof in the Roof Area after completion of such work by Landlord. Landlord will cooperate with Tenant, shall give Tenant at no cost to Landlord, regarding Tenant's access to utilities and the connection least ninety (90) days’ prior written notice of any request for such removal of the utilities Tenant’s Roof Equipment, except in cases of emergency for which no prior written notice shall be required.
(h) Notwithstanding anything to the Equipment
b) Landlord agrees that Tenant and/or its contractor contrary herein, the Tenant’s Roof Equipment may run cables ("Cables") between be used only in direct support of Tenant’s operations at the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval and Tenant shall not be unreasonably delayed permitted to license or withheld.
c) The grant other parties the right to use the same, nor shall Tenant allow its service providers to use the Roof Area and/or Tenant’s Roof Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreementto provide services to any other party, or (ii) to facilitate the expiration provision of services by any other service provider. Landlord hereby reserves the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities right to their original condition, including repainting grant roof rights to other tenants or touch-up, excepting ordinary wear and tear, and/or damage or destruction due telecommunications service providers from time to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antennatime. Tenant shall indemnify, defend, protect also cooperate with any uniformly applied reasonable rooftop management policy and hold any telecommunications management policy which Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by may implement for the Building of which Tenant is given prior written notice. Tenant's installation, use and maintenance of ’s rights under this Section 4 are personal to the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) original Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with any Permitted Transferees (including any Shared User that meets the installation, use and maintenance of the Equipment and Cablesrequirements for a Permitted Transferee under this Lease).
Appears in 2 contracts
Samples: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.)
Roof Rights. Tenant So long as it (i) does not impact Landlord’s roof warranty and (ii) complies with all applicable laws, rules and regulations, Tenant, at Tenant’s sole cost and expense, shall have access to the roof of the Building in designated areas mutually agreed upon for the purpose of installation of microwave satellite e.g., satellite television/video conferencing enabling equipment) antenna and other communications devices (the “Roof Equipment”). Notwithstanding the foregoing, all such Roof Equipment shall be granted for the right sole benefit of Tenant, and shall relate specifically to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation ’s use of the antennaPremises, Tenant and shall submit to Landlord all plansnot be used as a switching station, specifications and drawingsamplification station or by Landlord, other tenants or third parties. Tenant shall be responsible make a request for approval of the Roof Equipment hereunder by submission of specific plans and specifications for the installation, maintenance and operation and liability work to be performed by Tenant. Landlord shall respond in writing within fifteen (15) business days from receipt of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below)same, advising Tenant may install, use of approved contractors and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural those portions of the buildings, which belong to work that are acceptable and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection disapproving those portions of the utilities work that are, in Landlord’s judgment, reasonably exercised (including timing of response), unacceptable and with respect to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between plans, specifying in detail the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property nature of Tenant or its contractor during the TermLandlord’s objection. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenancedamages caused by its Roof Equipment, repair for the removal of all Roof Equipment and damage caused the restoration of the roof upon the expiration or early termination of this Lease Agreement unless directed in writing by Landlord otherwise. Landlord shall be named as an additional insured on all Tenant insurance relating to the Roof or roof membrane as a result Equipment. All installation, repair, replacement and modification of the installation or any access to the antenna. Tenant Roof Equipment shall indemnifybe coordinated with Landlord, defend, protect shall only use those approved contractors and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain be in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection accordance with the installation, use Rules and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.Regulations set forth herein;
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Alliance Data Systems Corp)
Roof Rights. 31.1. Except as set forth in this Article 31, Tenant shall be granted will have no right to utilize the roof of the Building for any purpose without Landlord’s prior written consent, which will not unreasonably conditioned, withheld or delayed.
31.2. In connection with Tenant’s request to utilize the roof for the purpose of installing transmission and/or reception equipment, the following will apply:
(A) Without limiting any other provision of this Lease, Tenant will have the non exclusive right to install one not more than 3 antennas, satellite dishes, or other telecommunications equipment (1individually and collectively, the “Antenna”) antenna in on the Antenna Area at roof of the Building (including necessary connection to the Premises) for use by Tenant's expense and , provided any such installations will be subject to appropriate governmental approval Landlord’s prior written consent, which consent will not be unreasonably withheld, conditioned or delayed. Any Antenna will be installed in accordance with all applicable Laws. Tenant will remove such Antenna at the expiration or earlier termination of this Lease and Landlord's reasonable approvalTenant will repair any damage to the roof caused by such removal. Prior to making any installations on the roof of the Building, Tenant will use a roofing contractor for all work to be performed by Tenant on the roof of the Building approved by Landlord, which approval will not be unreasonably withheld, conditioned, or delayed.
(B) Tenant will furnish detailed plans and specifications for the Antenna (or any modifications thereof) to Landlord for its approval. The parties agree that Tenant’s use of the rooftop 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 for any use including installation of the antennaother antennas and support equipment. Landlord will use its commercially reasonable efforts to insure that such other persons do not interfere with Tenant’s Antenna. Likewise, Tenant shall submit will use its commercially reasonable efforts to insure that its use of the rooftop does not impair any other person’s data transmission and reception via its respective antennas and support equipment. If Tenant’s construction, installation, maintenance, repair, operation or use of the Antenna interferes with the rights of Landlord all plans(including, specifications and drawings. without limitation, Landlord’s right to reasonable use the remainder of the roof), Tenant shall will cooperate with Landlord or such other tenants in eliminating such interference; provided, however, the cost of remedying such interference will be responsible for borne by whichever party last installed its equipment on the roof causing such interference.
(C) In connection with the installation, maintenance and operation and liability of the antenna.
a) Antenna, Tenant, at Tenant’s sole cost and expense, will comply with all applicable Laws and will procure, maintain and pay for all permits required therefor, and Landlord agrees makes no warranties whatsoever as to the permissibility of an Antenna under applicable Laws or the suitability of the roof of the Building for the installation thereof. If Landlord’s structural engineer deems it reasonably necessary that during there be structural reinforcement of the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord roof in connection with the initial approval process. All installation of Tenant's construction and installation work shall be performed the Antenna, Landlord will perform same at Tenant's sole ’s cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights will not perform any such installation prior to the Equipment as it has or claims to have, exclusive completion of space in and any such structural portions reinforcement. The installation of the buildingsAntenna will be subject to the provisions of Article 9 of this Lease applicable to alterations and installations, which belong except that Landlord need not notify Tenant whether Tenant must remove the Antenna at the end of the Term, it being the intent of the parties that Tenant will remove the Antenna at the end of the Term and repair any damage to the Building resulting from such installation and shall be retained by Landlordremoval. Landlord For the purpose of installing, servicing or repairing the Antenna, Tenant will cooperate with Tenant, at no cost to Landlord, regarding Tenant's have access to utilities and the connection rooftop of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically Building using contractors reasonably approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor Landlprd at all times during the Term. Tenant shallwill pay for all electrical service required for Tenant’s use of the Antenna.
(D) Tenant, at its sole cost and expense, will promptly repair any and all damage to the rooftop or to any other part of the Building caused by the installation, maintenance and repair, operation or removal of the Antenna. Tenant will be responsible for all costs and expense within fourteen (14) daysfor repairs of the roof which result from Tenant’s use of the roof for the construction, remove installation, maintenance, repair, operation and use of the Antenna. All installations made by Tenant on the rooftop or have removed such Equipment and Cables upon in any other part of the earlier of (1) Building pursuant to the expiration or termination provisions of this AgreementArticle 31 will be at the sole risk of Tenant, and neither Landlord, nor any agent or employee of Landlord, will be responsible or liable for any injury or damage to, or (ii) arising out of, the Antenna. Tenant’s indemnity under Section 16.2 of this Lease will apply with respect to the installation, maintenance, operations, presence or removal of the Antenna by Tenant. In addition, any costs incurred by Landlord to repair the roof as required herein after the expiration of the Lease. To Term will be borne solely by Tenant.
(E) Upon the extent reasonably possibleexpiration of the Term, the Antenna will be removed by Tenant shall restore Landlord's affected facilities at its sole cost and expense, and Tenant will repair any damage to the rooftop or any other portions of the Building to substantially their original condition, including repainting or touch-up, excepting condition immediately prior to Tenant’s installation of the Antenna (ordinary wear and tear, and/or damage or destruction due to fire or other casualtytear excepted).
d(F) If the installation of the Antenna or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, Tenant shall bear all expense will reimburse Landlord for any loss or damage sustained or costs or expenses incurred.
31.3. The rights granted in this Article 31 are given in connection with the installation, use and maintenance of such Equipment and Cableswith, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result part of the installation rights created under this Lease and are not separately transferable or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Projectassignable.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 2 contracts
Samples: Lease Agreement (iCIMS Holding LLC), Lease Agreement (iCIMS Holding LLC)
Roof Rights. (a) Provided Tenant is not in default of any of its obligations hereunder, Tenant shall be granted have the conditional right (at no additional regularly-recurring charge) to install one and maintain: (1i) a satellite dish or antenna and related communications equipment and separately sub-metered supplemental HVAC equipment exclusively serving the Leased Premises (collectively, the “equipment”) on the roof of the Building in accordance with the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. terms of this Addendum Paragraph 6.
(b) Prior to installation of the antennainstalling any such equipment, Tenant shall submit detailed plans and specifications therefor (and with respect to the screening thereof, which shall be required by Landlord) to Landlord for its review. Said plans and specifications shall describe in detail the size, weight, color and configuration of the equipment and any associated equipment (including cabling or other conduits between the equipment itself and the Leased Premises), the proposed location of the same on the Building, the manner in which the same shall be installed and removed, and the name and license number of the competent Virginia licensed contractors who will perform such installation. All such plans shall be subject to Landlord’s prior written approval, the size and location of such equipment may be limited by Landlord in its sole and absolute discretion, and Landlord may request any reasonable additional changes to the plans and specifications, as Landlord, in its sole discretion, deems necessary to protect the structure and aesthetic appearance of the Building and/or Landlord’s ability to properly maintain and operate the Building. As a result, the design and installation of said equipment shall be subject to the design limitations of the Building and its structural, electrical and mechanical systems. No work may commence with respect to the installation of said equipment until: (i) Landlord has provided Tenant with Landlord’s prior written approval of final plans therefor, and (ii) Tenant has provided Landlord with written proof that Tenant has obtained all planslicenses, permits and approvals from applicable government authorities necessary for the installation and operation of said equipment.
(c) The installation, operation and maintenance of the equipment shall, at all times, comply with all applicable Loudoun County codes, Dulles Town Center Architectural Design Guidelines, as well as all present and future laws, ordinances (including zoning ordinances and land use requirements), regulations, orders or other legal requirements of the United States of America, the Commonwealth of Virginia, and any other public or quasi-public authority having jurisdiction over the Building and insurance requirements relating to or affecting the Leased Premises, the Building, the condition thereof, all machinery, equipment and furnishings therein incident to Tenant’s occupancy of the Building and its use thereof. The equipment shall be modified, removed or relocated (subject to Landlord’s prior written approval) from time to time by Tenant in order to ensure continued compliance with the foregoing requirements. Landlord’s approval of any plans and specifications shall in no way constitute a representation or warranty by Landlord that the same are in compliance with any of the foregoing requirements. The installation and drawingssubsequent maintenance of the equipment shall be subject to such reasonable regulations and restrictions as are imposed thereon by Landlord. In the event that the installation or maintenance of the equipment results in damage to the Building, or Landlord incurs any liability relating to or arising from the same, Tenant agrees: (i) to pay Landlord on demand the costs incurred by Landlord in repairing any such damage, and (ii) to indemnify Landlord against any such liability.
(d) Tenant shall pay all costs associated with the design, installation, maintenance, operation, relocation and removal of the equipment. Tenant shall be responsible reimburse Landlord, as additional rent, for any costs incurred by Landlord with respect to the equipment, including but not limited to: (i) any increased insurance premiums, (ii) any engineering or architectural fees related to reviewing the aforesaid plans and specifications, and (iii) any reasonable legal fees related to the review of the aforesaid requirements and Tenant’s compliance therewith. Tenant hereby indemnifies and holds Landlord harmless from and against any claims, liabilities, causes of action, losses, damages and costs incurred by Landlord as a result of the installation, operation, maintenance, relocation or removal of the equipment. Tenant covenants not to damage the roof or any other part of the Building in the course of installing, maintaining and removing the equipment. Except as expressly set forth in the approved plans therefor, no such installation, maintenance or removal of the equipment shall involve any penetration of the Building’s roof or exterior walls.
(e) Tenant covenants that the installation, maintenance, operation, relocation and removal of the equipment shall in no way materially interfere with Landlord’s operation of the Building’s systems or with other tenant’s use of their premises or operation of their equipment. In the event of any such interference, the equipment shall be modified, removed or relocated (subject to Landlord’s prior written approval) from time to time by Tenant. Landlord shall have the right to require Tenant to temporarily relocate the equipment in order to allow Landlord to complete repairs, maintenance or modification of the Building. In exercising its rights set forth in the immediately preceding sentence, Landlord will use reasonable efforts to minimize any interference with Tenant’s use of the equipment.
(f) Tenant shall use any such communications equipment for internal corporate purposes only. No equipment which Tenant is permitted to install on the roof of the Building in accordance with the terms of this Addendum Paragraph 6 shall be utilized by anyone other than Tenant or in any manner as a source of revenue to Tenant.
(g) The maintenance and operation and liability of the antenna.
a) Landlord agrees equipment shall be at Tenant’s sole risk, and any damage to the equipment will in no way operate to affect Tenant’s obligations under this Lease. Similarly, any condemnation or other governmental action which affects Tenant’s ability to maintain and operate the equipment shall in no way affect Tenant’s obligations under this Lease, except as set forth below. In the event that during any applicable government authority or other legal requirement prevents Tenant from operating or maintaining the Term (as defined in Section 3 below)equipment, Tenant may install, use and have maintained shall promptly remove the same. The rights of Tenant set forth in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights this Addendum Paragraph 6 are personal to the Equipment as it has named Tenant herein and may not be assigned, sublet or claims otherwise transferred to have, exclusive any third person or entity (and any assignee of space in and structural portions Tenant expressly permitted pursuant to the terms of Section 10(i) of the buildings, which belong Lease). Prior to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possibleLease Term, Tenant shall remove the equipment from the Building and restore Landlord's affected facilities the same to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused its condition prior to the Roof or roof membrane as installation thereof. Tenant’s failure to so remove the same shall constitute an Event of Default under this Lease and a result of holdover by Tenant in the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the ProjectLeased Premises.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Deed of Lease (Trex Co Inc)
Roof Rights. Throughout the Lease Term, as the same may be extended, subject to Landlord's reasonable approval and the terms of this Section 29.43 (including Tenant's obtaining all requisite permits and compliance with Landlord's reasonable and non-discriminatory construction rules and conditions as well as Landlord's reasonable approval of the contractors, vendors and materialmen in connection with the same), and provided that Tenant is then in occupancy of the entire Premises, then, subject to availability, Tenant shall be granted have the right right, at no additional fee, to install one (1) antenna in the Antenna Area and maintain, at Tenant's expense sole cost and subject to appropriate governmental approval expense, telecommunications antennas, microwave dishes and Landlord's other communications equipment, including a reasonable approval. Prior to installation sized dish on the roof of the antennaBuilding (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant shall submit from within the Premises (all such equipment is defined collectively as the "Telecommunications Equipment") upon the roof of the Building. Landlord makes no representations or warranties whatsoever with respect to Landlord all plansthe condition of the roof of the Building, specifications and drawings. Tenant shall be responsible or the fitness or suitability of the roof of the Building for the installation, maintenance and operation and liability of the antenna.
a) Telecommunications Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance, the size, the design and the weight of the Telecommunications Equipment shall be subject to Landlord's reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Landlord agrees that during the Term (as defined in Section 3 below), Tenant subject to Tenant's reasonable approval and Landlord may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by require Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed install screening around such Telecommunications Equipment, at Tenant's sole cost and expense and expense, as reasonably designated by Landlord; provided, however, that in good and work-manlike mannerno event shall the Telecommunications Equipment be visible from the exterior of the Building. Tenant shall have maintain such Telecommunications Equipment, at Tenant's sole cost and retain whatever title expense. In the event Tenant elects to exercise its right to install the Telecommunications Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Telecommunications Equipment. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination of this Lease, or, in the event Tenant no longer occupies the Premises, then upon the termination of Tenant's rights under this Section 29.43, and rights shall return the affected portion of the rooftop and the Premises to the condition the rooftop and the Premises would have been in had no such Telecommunications Equipment as it has or claims to have, exclusive of space in been installed (reasonable wear and structural portions of the buildings, which belong to and tear excepted). Such Telecommunications Equipment shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost installed pursuant to Landlord, regarding Tenant's access to utilities plans and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically specifications approved by Landlord in writing(specifically including, without limitation, all mounting and waterproofing details), which approval shall will not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreementconditioned, or (ii) the expiration of the Leasedelayed. To the extent reasonably possibleNotwithstanding any such review or approval by Landlord, Tenant shall restore Landlord's affected facilities remain solely liable for any damage to their original conditionany portion of the roof or roof membrane, specifically including repainting or touch-upany penetrations, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use use, maintenance and/or repair of such Telecommunications Equipment, and maintenance of the Equipment and CablesLandlord shall have no liability therewith. Such Telecommunications equipment shall, including without limitationin all instances, injury and death to persons, damage to property and interference comply with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Applicable Laws. Tenant shall maintain in force and effect during not be entitled to license its Telecommunications Equipment to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the such Telecommunications Equipment and Cablesby an unrelated third party. Tenant's right to install such Telecommunication Equipment shall be non-exclusive, and shall supply to Landlord, upon Tenant hereby expressly acknowledges Landlord's written requestcontinued right (i) to itself utilize any rooftop space, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the appropriate certificates of such insurance.
finstallation of) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.Tenant's Telecommunications Equipment. [Signatures follow on next page]
Appears in 1 contract
Roof Rights. Tenant shall be granted the right to install one (1) antenna in the Antenna Area at A. Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen and subject to the provisions of this Article 52, shall have the following rights:
(14i) days, remove or have removed such Equipment and Cables Tenant may install upon the earlier roof of the Building, in a specific location designated by Landlord (the "Roof Location") in its sole discretion, a single antenna or single satellite dish ("Tenant's Telecommunications Equipment") and may connect the same to the Demised Premises provided, however, that the type of the same to be installed shall be satisfactory to Landlord in its sole discretion. The rights afforded Tenant pursuant to the preceding sentence are subject to and are granted upon the express condition that: (1) any such installations shall be deemed a structural alteration within the expiration or termination meaning and subject to the provisions of this AgreementArticle 3 hereof; (2) Tenant, or at its sole cost and expense shall maintain the Tenant's Telecommunications Equipment; (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d3) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, promptly repair and any damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnifyBuilding (including, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury the roof or any exterior portions thereof) by reason of the installation, maintenance, operation, removal and death to persons, damage to property and interference with other tenants and licenseereplacement of any of Tenant's rights who are sharing roof-top facilities at the Project.
eTelecommunications Equipment; (4) Tenant shall maintain in force remove the applicable Tenant's Telecommunications Equipment (other than connections to the Demised Premises) upon the expiration or sooner termination of the term of this lease; and
(5) Tenant shall repair any resulting damage to the Building (including, without limitation, the roof or any exterior portions thereof) and effect during restore the TermBuilding (including, comprehensive liability insurance protecting Landlord against without limitation, the roof or any liability, damages costs or expenses, in connection with exterior portions thereof) to the condition which existed prior to any such installation, ordinary wear and tear excepted. The parties agree that Tenant's use of the roof of the Building is a non-exclusive use and maintenance Landlord may permit the use of any other portion of the roof by any other person for any use, including installation of other antennae, dishes and similar telecommunications equipment so long as any such equipment which is installed after the date on which the applicable piece of Tenant's Telecommunications Equipment and Cables, and shall supply to Landlord, upon Landlordis installed does not unreasonably interfere with such piece of Tenant's written request, the appropriate certificates of such insuranceTelecommunications Equipment.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Office Lease (PLD Telekom Inc)
Roof Rights. (a) Tenant shall be granted have the non-exclusive right to install install, operate, and maintain at its sole expense, a maximum of one (1) antenna 6-foot satellite dish and other related equipment, which related equipment shall not exceed thirty (30) pounds (collectively, the "Communications Equipment"), in an area on the roof of the Building designated by Landlord, which area shall be encompassed by a four foot (4') radius measured from the center of such Communications Equipment (the "Roof Space"), to use in connection with Tenant's business in the Antenna Area Premises; provided, however, that none of such installations of Communications Equipment may be visible at the ground level in the vicinity of the Building. Tenant's expense use of the Roof Space pursuant to this Section will be without charge to Tenant during the Lease Term.
(b) Tenant shall have access to the roof and Tenant's equipment relating to the Communications Equipment at all times throughout the Lease Term, such right to be limited to authorized engineers of Tenant or persons under Tenant's direct supervision and subject to appropriate governmental approval the Building Rules and Regulations. During normal business hours (for purposes hereof, between 8:00 a.m. and 5:00 p.m., Monday through Friday), Tenant must notify Building personnel of Tenant's need to gain access to the Building roof Building personnel must escort Tenant to the roof access. During requested after-hours access, Tenant's personnel must be accompanied by Building personnel and Tenant will be billed at a rate of $35.00 per hour for scheduled maintenance with a three (3) hour minimum for unscheduled call-backs.
(c) Tenant's Communications Equipment, and the associated wiring thereto, shall be installed in accordance with plans and specifications approved by Landlord by contractors selected and employed by Tenant. The installation, operation and maintenance of Tenant's Communications Equipment will in no way damage the Building, interfere with users already on or in the Premises, or interfere with Landlord's reasonable approval. Prior to installation maintenance of the antenna, Tenant shall submit to Landlord all plans, specifications and drawingsPremises. Tenant shall cause all of Tenant's communications from the roof of the Building and Tenant's Communications Equipment to comply with Legal Requirements. Landlord and its representatives agree to cooperate with Tenant in connection with obtaining satellite permits, licenses, zoning variances, special use permits or other authorizations necessary for Tenants use of the above-described satellite dishes, provided that such permits, licenses, variances or special use permits do not increase Landlord's obligations hereunder or thereunder, and Landlord shall not be responsible required to expend any money in connection therewith. Electrical power will be supplied by Landlord and paid for by Tenant. All work relating to the installation, Communications Equipment shall be coordinated with Landlord's roofing contractor so as not to adversely affect any warranties in respect of the roof. The maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work Communications Equipment shall be performed accomplished at Tenant's sole cost expense by Tenant or contractors selected and expense and in good and employed by Tenant.
(d) Landlord will not be liable for the failure of Tenant's Communications Equipment to work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions regardless of the buildings, which belong to and cause of such failure; nor shall Landlord be retained by Landlordliable for any interference with the reception of the antennas that may result from future construction in or around the Building. Landlord will cooperate with Tenant, at no cost not be liable for any failure of the Communications Equipment or the functionality thereof due to Landlord, regarding temporary interruptions of electricity and/or routine Building maintenance and repairs. Prior to allowing any other tenant to install equipment on the roof within a ten foot (10') radius from the center of Tenant's access to utilities and the connection of the utilities to the existing Communications Equipment
b) , Landlord agrees that to consult with Tenant and/or its contractor may run cables to ensure the functionality of Tenant's Communications Equipment is not diminished by such additional installation. Landlord reserves the right to require Tenant to relocate the Communications Equipment a maximum of two ("Cables"2) between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor times during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon provided there is adequate space on the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration roof of the LeaseBuilding which will not diminish the functionality of Tenant's Communications Equipment. To In the extent reasonably possible, event the relocation of the Communications Equipment is required to accommodate another tenant Landlord agrees to reimburse Tenant shall for the actual cost of such relocation and any repairs required at the original Roof Space to restore Landlord's affected facilities same to their its original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d(e) Tenant agrees that its indemnification of Landlord contained in Section 18 shall bear all expense also apply to the Roof Space and Communications Equipment. Furthermore Tenant agrees that the insurance requirements described in connection with Section 17 shall also apply to the installationRoof Space and Communications Equipment.
(f) Any Communications Equipment installed on the roof by Tenant and any connecting wiring to the Premises shall remain Tenant's property notwithstanding attachment to the Building, use and maintenance of such Equipment and Cablesmay be removed by Tenant at any time, and shall be solely responsible for all maintenance, repair and removed by Tenant at the conclusion of the Lease Term with Tenant restoring any damage caused to the Roof Space, or roof membrane as a result of elsewhere in or on the Building, which may have been caused by the installation or any access its removal. Transfers to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, Affiliates of ownership in and/or use and maintenance of the Communications Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at shall be governed by the Projectprovisions of Section 10.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease Agreement (Objectspace Inc)
Roof Rights. Tenant shall have the right, at its sole cost and expense, in ----------- connection with the making of the Tenant Improvements or at any time thereafter during the Term, but only upon obtaining the prior written consent thereto of Landlord (which consent of Landlord shall not be granted the right unreasonably conditioned, withheld or delayed) after Landlord's review and approval of detailed plans and specifications therefor (which approval may be withheld by Landlord, in its sole and absolute discretion), to install one on the roof up to, but not more than, six (16) antenna condenser units at a location, of a size, and otherwise in the Antenna Area at Tenant's expense and subject a manner satisfactory to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for also have the installationright, from time to time, to enter upon the roof, but only after notifying Landlord of the need therefor and obtaining Landlord's prior consent thereto, to maintain and make necessary repairs to such condenser units, all such maintenance and operation repairs to be made at the sole cost and liability expense of Tenant. Notwithstanding anything to the contrary set forth elsewhere in this Lease, (a) all such condenser units shall be placed on the roof centerline, side-to-side, and front-to-back, so as not to be visible from the ground level of the antenna.
aPark, and (b) Landlord agrees that during the Term (as defined in Section 3 below)Tenant shall employ, Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense expense, a roofer designated by Landlord for any penetrations of the roof of the Building required in connection with the installation of such condenser units. Tenant hereby acknowledges and agrees that Landlord would not have extended the rights set forth in this Section 8 to Tenant but for the agreement on the part of Tenant to use a roofer designated by Landlord for any penetrations of the roof of the Building required in connection with the installation of such condenser units. Furthermore, Tenant acknowledges and agrees that if that for any reason whatsoever Tenant shall utilize a roofer other than one that is designated by Landlord for the making of any penetrations of the roof of the Building in connection with the installation of any such condenser units, then and in good and work-manlike manner. Tenant any such event, (i) Landlord shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shallright, at its sole option, and at the sole cost and expense of Tenant, to remove and repair any such penetrations of the roof of the Building made by Tenant, and Tenant shall reimburse Landlord for the costs thereof within fourteen fifteen (1415) daysdays after being billed therefor by Landlord, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) an Event of Default shall be deemed to have occurred pursuant to the expiration terms and conditions of the this Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d(iii) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect indemnify and hold Landlord harmless from and against liabilityany and all costs, damageslosses or liabilities that Landlord shall suffer or incur at any time thereafter (including, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury at any time after the Expiration Date or the date of any sooner termination of the Term of this Lease) that, but for the penetrations of the roof of the Building made by Tenant in contravention of the terms and death conditions of this Section 8, would have been covered by the terms and conditions of any warranty or guaranty with respect to personsthe roof of the Building available to Landlord. Any such condenser units installed by Tenant pursuant to the preceding provisions of this Section 8 shall be deemed to be Alterations governed by the terms and conditions of the Lease. Notwithstanding anything to the contrary set forth elsewhere in this Lease, damage upon the written request of Landlord made at any time at or prior to property the expiration date of the Term or the sooner termination thereof in accordance with this Lease, Tenant, at Tenant's sole cost and interference expense, shall remove any such condensers installed by Tenant at the expiration date of the Term or the sooner termination thereof in accordance with this Lease. EXHIBIT C --------- RULES AND REGULATIONS --------------------- The following rules and regulations have been formulated for the safety and well-being of all the tenants and become effective upon occupancy. Strict adherence to these rules and regulations is necessary so that each and every tenant will enjoy safe and unannoyed occupancy. Any repeated or continuing violation of these rules and regulations by Tenant after notice from Landlord, shall be sufficient cause for termination of this Lease at the option of Landlord.
(i) no waiver shall be effective unless signed by Landlord or Landlord's authorized agent; (ii) any such waiver shall not relieve such tenant from the obligation to comply with such rule or regulation in the future unless expressly consented to by Landlord; and (iii) no waiver granted to any tenant shall relieve any other tenant from the obligation of complying with the foregoing rules and regulations unless such other tenant has received a similar waiver in writing from Landlord.
1. The sidewalks, entrances, passages, courts, vestibules, stairways, and other parts of the Building not occupied by any tenant shall not be obstructed or encumbered by any tenant or used for any purpose other than ingress and egress to and from any tenant's premises. Landlord shall have the right to control and operate the public portions of the Park, and the facilities furnished for the common use of the tenants, in such manner as Landlord deems best for the benefit of the tenants generally. No tenant shall permit the visit to its premises of persons in such numbers or under such conditions as to interfere with the use and enjoyment by other tenants of the entrances, corridors, elevators, and licensee's rights who are sharing roof-top other public portions or facilities at of the ProjectPark.
e) Tenant 2. No signs, awnings or other projections shall maintain be attached to the outside walls of any building without the prior written consent of Landlord. No drapes, blinds, shades or screens shall be attached to or hung in, or used in force connection with, any window or door of the Premises, without the prior consent of Landlord. Such signs, awnings, projections, curtains, blinds, screens and effect during other fixtures shall be of a quality, type, design and color approved by Landlord and shall be attached in a manner approved by Landlord.
3. No show cases or other articles shall be put in front of or affixed to any part of the Termexterior of the Building, comprehensive liability insurance protecting Landlord against nor placed in any liabilityinterior Common Area without the prior written consent of Landlord.
4. The water and wash closets and other plumbing fixtures shall not be used for any purpose other than those for which they were constructed, and no sweepings, rubbish, rags, or other substances shall be thrown therein. The cost of repairing all damages costs resulting from any misuse of the fixtures by a tenant or expensesany of its agents, employees, contractors, servants, visitors or licensees shall be paid by such tenant.
5. There shall be no marking, painting, drilling into or in anyway defacing any part of the Premises or the Building. No boring, cutting or stringing or wires shall be permitted. No tenant shall construct, maintain, use or operate within its Premises or elsewhere within or on the outside of the Building, any electrical device, wiring or apparatus in connection with the installation, use a loud speaker system or other sound system.
6. Tenant will fill out move-in/move-out sheets and maintenance will return such sheets signed and dated within ten (10) days of moving in or out of the Equipment and CablesPremises.
7. No animals, birds or pets of any kind shall be brought into or kept in or about the Premises, and no cooking shall supply be done or permitted by any tenant on its premises except for a tenant's employee's own use. No tenant shall cause or permit any unusual or objectionable odors to Landlord, upon Landlord's written request, the appropriate certificates of such insurancebe produced or permeate from its premises.
f) Tenant and its contractors 8. No tenant shall comply make, or permit to be made, any unseemly or disturbing noises or disturb or interfere with all applicable laws, regulations and occupants of this or any neighboring building codes in connection or premises or with the installation, use and maintenance any person having business with such occupants. No tenant shall throw anything out of the Equipment and Cablesdoors or windows or down the corridors or stairs.
Appears in 1 contract
Roof Rights. Tenant shall be granted the right to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of At Tenant's construction and installation work shall be performed at Tenant's ’s sole cost and expense and in good and work-manlike manner. expense, Tenant (but not any subtenant) shall have and retain whatever title and rights access to the Equipment as it has or claims to have, exclusive of space in and structural portions roof of the buildingsBuilding in designated areas mutually agreed upon for the purpose of installation of Tenant’s Supplemental HVAC and associated wiring (collectively, which belong the “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, not to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed withheld, conditioned or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shalldelayed, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier including without limitation approval of (1) the expiration placement of the Roof Equipment, (2) any roof penetrations, (3) an elevation or termination representational drawing of this Agreementwhat the Roof Equipment will look like when mounted to the roof of the Building, and (4) a specific scope of work from Tenant’s contractor; and (iv) Tenant removes the Roof Equipment and restores the roof to its original condition prior to the Surrender Date. The Roof Equipment is deemed Tenant’s Property and shall be for the sole benefit of Tenant and Landlord, relate specifically to Tenant’s use of the Premises, and not be used as a switching station, amplification station, or (ii) the expiration of the Leaseby other tenants or third parties. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear is solely responsible for all expense in connection costs associated with the installation, use and maintenance of such Equipment and Cablesmaintenance, 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 same, advising Tenant of approved contractors and those portions of the work that are acceptable and disapproving those portions of the work that are, in Landlord’s judgment, reasonably exercised, unacceptable and with respect to the plans, specifically detailing the nature of Landlord’s objection.
(c) Tenant shall be solely responsible for all maintenancedamages caused by the Roof Equipment, repair the removal of the Roof Equipment, and damage caused the restoration of the roof prior to the Surrender Date to substantially the same condition as existed prior to the installation of the Roof Equipment, reasonable wear and tear excepted, unless directed in writing by Landlord otherwise. Landlord shall be named as an additional insured on all Tenant insurance relating to the Roof or roof membrane as a result Equipment. All installation, repair, replacement, and modification of the installation or any access Roof Equipment shall be coordinated with Landlord, use only contractors approved in writing by Landlord, and be in accordance with all applicable Laws and the rules and regulations set forth in this Lease.
(d) Notwithstanding anything to the antenna. Tenant shall indemnifycontrary in this Lease, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, if in connection with the installation, use and maintenance Tenant’s Supplemental HVAC Tenant requests penetrations through leasable area of the Equipment and CablesBuilding not comprising part of the Premises, Landlord may condition consent to such penetrations on the parties entering into an amendment to this Lease whereby the rentable square footage of the Premises is increased by the rentable square footage of the areas used for such penetrations, and shall supply to Landlord, all computations made under this Lease based upon Landlord's written request, or affected by the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance rentable square footage of the Equipment and CablesPremises will be recomputed to reflect such measurement.
Appears in 1 contract
Samples: Lease (Mirna Therapeutics, Inc.)
Roof Rights. Tenant shall be granted the right to install one So long as it (1i) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and does not impact Landlord's reasonable approval. Prior to installation of the antennaroof warranty and (ii) complies with all applicable laws, Tenant shall submit to Landlord all plansrules and regulations, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) daysexpense, remove or shall have removed such Equipment and Cables upon access to the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration roof of the LeaseBuilding in designated areas mutually agreed upon for the purpose of installation of microwave satellite, antenna and other communications devices or supplemental HVAC units and venting and ducting for office uses (the "Roof Equipment"). To the extent reasonably possible, Tenant shall restore use its best efforts to utilize US Realtel to provide such services. Nothing herein shall obligate Tenant to use US Realtel. Notwithstanding the foregoing, all such Roof Equipment shall be for the sole benefit of Tenant and Landlord, shall relate specifically to Tenant's use of the Premises, and shall not be used as a switching station, amplification station or by other tenants or third parties. Tenant shall make a request for approval of the Roof Equipment hereunder by submission of specific plans and specifications for the work to be performed by Tenant to Landlord at least thirty (30) days prior to the proposed installation. Landlord shall respond in writing within ten (10) business days from receipt of said plans and specifications, advising Tenant of approved contractors and those portions of the work that are acceptable and disapproving those portions of the work that are, in Landlord's affected facilities judgment, reasonably exercised, unacceptable and with respect to their original conditionthe plans, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) specifying in detail the nature of Landlord's objection. Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenancedamages caused by installation, maintenance and/or removal of its Roof Equipment and Tenant shall promptly repair and any of the foregoing damage caused to the roof by said installation, removal or maintenance of said Roof Equipment and with respect to damage caused by removal of such Equipment prior to the expiration or roof membrane early termination of this Lease unless directed in writing by Landlord otherwise. Landlord shall be named as a result an additional insured on all Tenant insurance relating to the Roof Equipment. All installation, repair, replacement and modification of the installation or any access to the antenna. Tenant Roof Equipment shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance be done only after receipt of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates approval of such insurance.
f) Tenant installation, repair, replacement or modification; shall use only those contractors previously approved in writing by Landlord; and its contractors shall comply with all applicable laws, regulations and building codes be in connection accordance with the installation, use Rules and maintenance of the Equipment and CablesRegulations set forth herein.
Appears in 1 contract
Samples: Full Service Lease (Ict Group Inc)
Roof Rights. Tenant Without limiting any other provision of this Lease, Lessee shall be granted have the non-exclusive right to install one satellite dish ( the "Dish") and a supplemental air conditioning unit for the Premises (1the "Air Conditioner" and, together with the Dish, the "Facilities") antenna in on the Antenna Area at Tenant's expense and roof of the Building (including necessary connection to the Demised Premises) for use by Lessee, provided any such installations shall be subject to appropriate governmental approval Lessor's prior consent, which consent shall not be unreasonably withheld, conditioned or delayed. Any such Facilities shall be installed in accordance with all applicable laws and Landlord's reasonable approvalbuilding codes. Lessee shall remove such Facilities at the expiration or earlier termination of the Lease; provided Lessee shall repair any damage to the roof caused by such removal. Prior to installation making any installations on the roof of the antennaBuilding, Tenant Lessee shall submit use a roofing contractor for all work to Landlord all plans, specifications and drawings. Tenant shall be responsible for performed by Lessee on the installation, maintenance and operation and liability roof of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically Building approved by Landlord in writingLessor, which approval shall not be unreasonably delayed withheld. Lessee shall furnish detailed plans and specifications for the Facilities (or withheld.
cany modifications thereof) to Lessor for its approval. The Equipment parties agree that Lessee's use of the rooftop of the Building is a non-exclusive use and Cables Lessor may permit the use of any other portion of the roof to any other person for any use including installation of other satellite dishes, antennas and support equipment. Lessee shall remain use its reasonable efforts to insure that its use of the property rooftop does not impair such other person's data transmission and reception via its respective antennas and support equipment. If Lessee's construction, installation, maintenance, repair, operation or use of Tenant the Dish shall interfere with the rights of Lessor (including, without limitation, Lessor's right to reasonably use the remainder of the roof) or other lessees in the Building, Lessee shall cooperate with Lessor or such other lessees 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 not suffering such interference prior to the use of the Dish causing such interference by Lessee, in which case the cost of remedying such interference shall be borne by Lessee. Lessee shall secure and keep in full force and effect, from and after the time Lessee begins construction and installation of the Facilities, such supplementary insurance with respect to the Facilities as Lessor may reasonably require, provided that the same shall not be in excess of that which would customarily be required from time to time by Lessors of buildings of similar class and character in Xxxxxx County, New Jersey with respect to similar installations. In connection with the installation, maintenance and operation of the Facilities , Lessee, at Lessee's sole cost and expense, shall comply with all legal requirements and shall procure, maintain and pay for all permits required therefor, and Lessor makes no warranties whatsoever as to the permissibility of the Facilities under applicable legal requirements or the suitability of the roof of the Building for the installation thereof. If Lessor's structural engineer deems it advisable that there be structural reinforcement of the roof in connection with the installation of the Facilities, Lessor shall perform same at Lessee's cost and expense and Lessee shall not perform any such installation prior to the completion of any such structural reinforcement. The installation of the Facilities shall be subject to the provisions of Articles 5 and 6 applicable to alterations and installations. For the purpose of installing, servicing or repairing the Facilities, Lessee shall have access to the rooftop of the Building, upon reasonable notice to Lessor, and Lessor shall have the right to require, as a condition to such access, that Lessee (or its employee, contractor during or other representative) at all times be accompanied by a representative of Lessor. Lessee shall pay for all electrical service required for Lessee's use of the TermFacilities, in accordance with the provision set forth in Article 22 hereof. Tenant shallLessee, 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 and repair, operation or removal of the Facilities. Lessee shall be responsible for all costs and expense within fourteen (14) daysfor repairs of the roof which result from Lessee's use of the roof for the construction, remove installation, maintenance, repair, operation and use of the Facilities. All installations made by Lessee on the rooftop or have removed such Equipment and Cables upon in any other part of the earlier of (1) Building pursuant to the expiration or termination provisions of this AgreementArticle 56 shall be at the sole risk of Lessee, and neither Lessor, nor any agent or employee of Lessor, shall be responsible or liable for any injury or damage to, or (ii) arising out of, the Facilities. Lessee's indemnity under Article 33 shall apply with respect to the installation, maintenance, operations, presence or removal of the Facilities by Lessee. Upon the expiration of the Lease. To Term, the extent reasonably possibleFacilities shall be removed by Lessee at its sole cost and expense, Tenant and Lessee shall restore Landlordrepair any damage to the rooftop or any other portions of the Building to substantially their condition immediately prior to Lessee's affected facilities to their original condition, including repainting or touch-up, excepting installation of the Facilities (ordinary wear and teartear excepted). Notwithstanding anything to the contrary contained in this Article 56, Lessor shall have the right, at Lessor's expense, on not less than thirty (30) days' prior notice, to relocate the Facilities to another location on the roof of the Building, such expense to include, without limitation, the removal of the existing Facilities, the purchasing of labor, materials and equipment necessary for the relocation thereof and the reinstallation of the Facilities at such other location as reasonably designated by Lessor on the roof of the Building, provided that Lessor does not, except if work is reasonably required to be performed on the roof or in the Building, either materially interfere with or adversely affect the receipt of and/or damage or destruction due to fire transmittal of microwaves or other casualty.
d) Tenant similar signals, and Lessee shall cooperate in all reasonable respects with Lessor in any such relocations; provided, however, that if such relocation is done pursuant to any legal requirement, the cost thereof shall be borne by Lessee (unless such legal requirement relates to, or results from, other actions taken, or permitted to be taken, by Lessor, in which event Lessor shall bear all expense of the costs and expenses of such relocation). The rights granted in this Article 56 are given in connection with the installation, use and maintenance of such Equipment and Cableswith, and as part of the rights created under this Lease and are not separately transferable or assignable. If the installation of the Facilities or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Lessor, then Lessee shall be solely responsible reimburse Lessor for all maintenance, repair and any loss or damage caused to the Roof sustained or roof membrane costs or expenses incurred by Lessor as a result of the installation such impairment or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease (Medicines Co /De)
Roof Rights. (a) Subject to the satisfaction, in Landlord’s reasonable judgment, of all of the conditions set forth in this Article, Tenant, at Tenant’s sole cost and expense, may install and maintain two (2) satellite dishes or antennae in the aggregate (collectively, the “Communications Equipment”) on the roof or penthouse of the Building for use in connection with Tenant’s business in the Premises. Notwithstanding anything in this Article to the contrary, Tenant shall not be granted the right permitted to install one the Communications Equipment unless (1I) antenna such Communications. Equipment conforms to the specifications and requirements set forth in the Antenna Area at Tenant's expense .drawings and specifications prepared by a licensed professional (“Communications Equipment Drawings”), which Communications Equipment Drawings shall be subject to appropriate the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed, (II) Landlord approves, which approval shall not be unreasonably withheld or delayed, the size, capacity, power, location and proposed placement and method of installation of such Communications. Equipment, and (III) Tenant obtains, at its sole cost and. expense, and provides copies to Landlord of all necessary governmental approval permits and Landlord's reasonable approval. Prior to approvals, including, without limitation, special exception permits, if applicable, for the installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawingsCommunications Equipment upon the Building. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at Landlord’s direction, shall cause the Communications Equipment to be .painted in nonmetallic paint to match the materials on the penthouse, provided such painting shall have no cost adverse effect upon the performance of the Communications Equipment;. In addition, if the installation of the Communications Equipment on the roof of the Building would penetrate the roof of the Building, then Tenant shall not be permitted to install the Communications Equipment unless Tenant (i) contracts at no more than the current market rates with Landlord’s roofing contractor to retain the warranties and guaranties with respect to the roof, (ii) obtains the approval of Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed withheld provided the roof warranty will not be voided, and (iii) pays the cost of any structural support or withheldalterations necessary to secure the Communications Equipment to the Building. The Communications Equipment shall be installed by a contractor reasonably acceptable to both Landlord and Tenant and thereafter shall be properly maintained by Tenant, ail at Tenant’s sole expense. At the expiration or earlier termination of the Lease Term, the Communications Equipment shall be removed from the Building at Tenant’s sole cost and expense and that portion of the Building that has been affected by the Communications Equipment shall be retuned to the condition it was in prior to the installation of the Communications Equipment. Tenant shall pay all subscription fees, usage charges and hookup and disconnection fees associated with Tenant’s use of the Communications Equipment and Landlord shall have no liability therefore. All of the provisions of this Lease, including, without limitation, the insurance, maintenance, repair, release and indemnification provisions shall apply and be applicable to Tenant’s installation, operation, maintenance and removal of the Communications Equipment.
(b) Except as shown on the Communications Equipment Drawings, as reasonably approved by Landlord, Tenant shall not make any modification to the design, structure or systems of the Building, required in connection with the installation of the Communications Equipment without Landlord’s prior written approval of such modification and the plans therefore, which approval may be granted, conditioned or withheld by Landlord in its sole but reasonable discretion. Tenant agrees that, in addition to any indemnification provided Landlord in this Lease, Tenant shall indemnify and shall hold Landlord and Boston Properties, Inc., Boston Properties Limited Partnership, Landlord’s managing agent, and their employees, shareholders, partners, officers and directors, harmless from and against all costs, damages, claims, liabilities and expenses (including reasonable attorneys’ fees and any costs of litigation) suffered by or claimed against Landlord, directly or indirectly, based on arising out of or resulting from Tenant’s use of the Communications Equipment and/or the conduits to connect the Premises to the Communications Equipment. In addition, Tenant shall be liable to Landlord for any actual damages suffered by Landlord or any other tenant or occupant of the Building for any cessation or shortages of electrical power or any other systems failure arising from Tenant’s use of the conduits to connect the Premises to the Communications Equipment.
(c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shallTenant, at its sole cost and expense within fourteen expense, shall secure all necessary permits and approvals from all applicable governmental agencies with respect to the size, placement and installation of the Communications Equipment. Landlord, at no cost to Landlord, shall cooperate with Tenant’s efforts to obtain such permits and approvals. In the event Tenant is unable to obtain the necessary approvals and permits from any applicable federal, state, county or other local governing authorities for the Communications Equipment, Tenant shall have no remedy, claim, cause of action or. recourse against Landlord, nor shall such failure or inability to obtain any necessary permits or approvals provide Tenant the opportunity to terminate this Lease.
(14d) Landlord makes no representations or warranties concerning the suitability of the Building for the installation, operation, maintenance and repair of the Communications Equipment, Tenant having satisfied itself concerning such matters.
(e) Tenant shall not have access to the Communications Equipment without Landlord’s prior written consent, which consent shall be granted to the extent necessary for Tenant to perform its maintenance obligations hereunder only and only if Tenant is accompanied by Landlord’s representative (if Landlord so requests). Any such access by Tenant shall be subject to reasonable rules and regulations relating thereto established from time to time by Landlord, including without limitation rules and regulations prohibiting such access unless Tenant is accompanied by Landlord’s representative and Tenant’s argument to reimburse Landlord for costs incurred by Landlord to make Landlord’s representative available to accompany Tenant if after normal business hours.
(f) Upon at least thirty (30) days’ prior written notice to Tenant, remove Landlord shall have the right to require Tenant to relocate the Communications Equipment, if in Landlord’s opinion such relocation is necessary or have removed desirable. Any such Equipment relocation shall be performed by Tenant at Landlord’s expense, and Cables upon in accordance with all of the earlier requirements of this Section. Nothing in this Section shall be construed as granting Tenant any line of sight easement with respect to such Communications Equipment; provided, however, that if Landlord requires that such antenna be relocated in accordance with the preceding two (12) sentences, then Landlord shall provide either (a) the expiration or termination same line of this Agreementsight for such Communications Equipment as was available prior to such relocation, or (iib) a line of sight for such Communications Equipment which is equivalent in all material respects to that available prior to such relocation.
(g) It is expressly understood that by granting Tenant the expiration right hereunder, Landlord makes no representation as to the legality of such Communications Equipment or its installation. In the Lease. To event that any federal, state, county, regulatory or other authority requires the extent reasonably possibleremoval or relocation of such Communications Equipment, Tenant shall restore Landlord's affected facilities remove or relocate such antenna at Tenant’s sole cost and expense, and Landlord shall under no circumstances be liable to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualtyTenant therefore.
d(h) The right to install Communications equipment upon the roof of the Building may be exercised by Tenant (or one permitted assignee at any one time pursuant to the terms of this Lease, but not any subtenants) for use only in the conduct of Tenants (or such permitted assignee’s) customary business in the Premises. No subtenant shall have any rights to install communications equipment on the roof of the Building pursuant to this Article.
(i) Except as otherwise expressly provided for in this Article XXVII, Tenant’s right to use the roof or penthouse of the Building for the Communications Equipment shall be at no additional rental charge to Tenant during the Lease Tern.
27.2 Tenant shall bear all expense in connection maintain such insurance as is appropriate with respect to the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use operation and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, Communications Equipment. Landlord shall have no liability on account of any damage to property and or interference with other tenants the operation of the Communications Equipment except for physical damage caused by Landlord’s gross negligence or willful misconduct and licensee's rights who are sharing roof-top facilities Landlord expressly makes no representations or warranties with respect to the capacity for Communications Equipment placed on the roof or penthouse of the Building to receive or transferring signals. The operation of the Communications Equipment shall be at the Project.
e) Tenant’s sole and absolute risk. Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection no event interfere with the installation, use and maintenance of any other communications equipment located on the roof or penthouse of the Equipment and CablesBuilding; provided, however, that in the event Tenant’s equipment interferes with equipment placed on the Building by other tenants, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates parties cannot reasonably work out a resolution of such insuranceinterference issues, then such other tenant shall be obligated to move or remove its equipment in order to resolve such interference issues.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. (a) Tenant shall be granted have the non-exclusive right to install install, operate, and maintain at its sole expense, a maximum of one (1) antenna 6-foot satellite dish and other related equipment, which related equipment shall not exceed thirty (30) pounds (collectively, the "Communications Equipment"), in an area on the roof of the Building designated by Landlord, which area shall be encompassed by a four foot (4') radius measured from the center of such Communications Equipment (the "Roof Space"), to use in connection with Tenant's business in the Antenna Area Premises; provided, however, that none of such installations of Communications Equipment may be visible at the ground level in the vicinity of the Building. Tenant's expense use of the Roof Space pursuant to this Section will be without charge to Tenant during the Lease Term.
(b) Tenant shall have access to the roof and Tenant's equipment relating to the Communications Equipment at all times throughout the Lease Term, such right to be limited to authorized engineers of Tenant or persons under Tenant's direct supervision and subject to appropriate governmental approval the Building Rules and Regulations. During normal business hours (for purposes hereof, between 8:00 a.m. and 5:00 p.m., Monday through Friday), Tenant must notify Building personnel of Tenant's need to gain access to the Building roof Building personnel must escort Tenant to the roof access. During requested after-hours access, Tenant's personnel must be accompanied by Building personnel and Tenant will be billed at a rate of $35.00 per hour for scheduled maintenance with a three (3) hour minimum for unscheduled call-backs.
(c) Tenant's Communications Equipment, and the associated wiring thereto, shall be installed in accordance with plans and specifications approved by Landlord by contractors selected and employed by Tenant. The installation, operation and maintenance of Tenant's Communications Equipment will in no way damage the Building, interfere with users already on or in the Premises, or interfere with Landlord's reasonable approval. Prior to installation maintenance of the antenna, Tenant shall submit to Landlord all plans, specifications and drawingsPremises. Tenant shall cause all of Tenant's communications from the roof of the Building and Tenant's Communications Equipment to comply with Legal Requirements. Landlord and its representatives agree to cooperate with Tenant in connection with obtaining satellite permits, licenses, zoning variances, special use permits or other authorizations necessary for Tenants use of the above-described satellite dishes, provided that such permits, licenses, variances or special use permits do not increase Landlord's obligations hereunder or thereunder, and Landlord shall not be responsible required to expend any money in connection therewith. Electrical power will be supplied by Landlord and paid for by Tenant. All work relating to the installation, Communications Equipment shall be coordinated with Landlord's roofing contractor so as not to adversely affect any warranties in respect of the roof. The maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work Communications Equipment shall be performed accomplished at Tenant's sole cost expense by Tenant or contractors selected and expense and in good and employed by Tenant.
(d) Landlord will not be liable for the failure of Tenant's Communications Equipment to work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions regardless of the buildings, which belong to and cause of such failure; nor shall Landlord be retained by Landlordliable for any interference with the reception of the antennas that may result from future construction in or around the Building. Landlord will cooperate with Tenant, at no cost not be liable for any failure of the Communications Equipment or the functionality thereof due to Landlord, regarding temporary interruptions of electricity and/or routine Building maintenance and repairs. Prior to allowing any other tenant to install equipment on the roof within a ten foot (10') radius from the center of Tenant's access to utilities and the connection of the utilities to the existing Communications Equipment
b) , Landlord agrees that to consult with Tenant and/or its contractor may run cables to ensure the functionality of Tenant's Communications Equipment is not diminished by such additional installation. Landlord reserves the right to require Tenant to relocate the Communications Equipment a maximum of two ("Cables"2) between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor times during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon provided there is adequate space on the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration roof of the LeaseBuilding which will not diminish the functionality of Tenant's Communications Equipment. To In the extent reasonably possible, event the relocation EXHIBIT 10.4 of the Communications Equipment is required to accommodate another tenant Landlord agrees to reimburse Tenant shall for the actual cost of such relocation and any repairs required at the original Roof Space to restore Landlord's affected facilities same to their its original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d(e) Tenant agrees that its indemnification of Landlord contained in Section 18 shall bear all expense also apply to the Roof Space and Communications Equipment. Furthermore Tenant agrees that the insurance requirements described in connection with Section 17 shall also apply to the installationRoof Space and Communications Equipment.
(f) Any Communications Equipment installed on the roof by Tenant and any connecting wiring to the Premises shall remain Tenant's property notwithstanding attachment to the Building, use and maintenance of such Equipment and Cablesmay be removed by Tenant at any time, and shall be solely responsible for all maintenance, repair and removed by Tenant at the conclusion of the Lease Term with Tenant restoring any damage caused to the Roof Space, or roof membrane as a result of elsewhere in or on the Building, which may have been caused by the installation or any access its removal. Transfers to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, Affiliates of ownership in and/or use and maintenance of the Communications Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at shall be governed by the Projectprovisions of Section 10.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease Agreement (Objectspace Inc)
Roof Rights. Tenant shall be granted the right to install one (1a) antenna in the Antenna Area Tenant, at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna’s expense, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use remove, replace, modify, repair, maintain and have maintained operate one or more antennae (but no transmission towers) in a location on the Antenna Arearoof of the Building reasonably designated by Landlord (collectively, equipment ("Equipment"the “Antenna”) throughout the Term, subject to all of the terms and conditions of this Lease, including Article 14, and Landlord’s prior approval, including its approval as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All color, size, weight, location and method of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights attachment to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writingBuilding, which approval shall not be unreasonably delayed withheld or withhelddelayed. Landlord reserves the right to grant other or similar rights to utilize other portions of the roof for other or similar purposes to other tenants or occupants of the Building; provided, that if any such equipment on the roof of the Building installed after Tenant’s installation of the Antenna shall interfere therewith, then Landlord shall cause such interference to be remedied without cost to Tenant and if the operation of the Antenna interferes with equipment on the roof of the Building installed prior to Tenant’s installation of the Antenna, then Tenant shall cause such interference to be remedied at Tenant’s expense. In all events Tenant shall cooperate with Landlord or other tenants or occupants in remedying interference with such other tenants’ or occupants’ data transmission and reception via their respective antennas and support equipment, if any. In no event shall the maximum level of emissions from the Antenna exceed a reasonable portion of the total emissions allowable for the Building under applicable Legal Requirements, taking into account the number of rooftop installations at the Building. Tenant shall submit to Landlord, prior to the installation of the Antenna, plans for the installation of the Antenna in such detail as Landlord may reasonably require, and Tenant shall not commence installation of the Antenna until Landlord has reasonably approved such plans in writing, and until all the necessary approvals required under the Ground Lease have been received. Landlord shall, subject to its reasonable rules with respect thereto, provide Tenant with access to the roof of the Building in order to install, remove, replace, modify, repair, maintain and operate the Antenna. Landlord reserves the right to supervise the installation, removal, replacement, repair and maintenance of the Antenna, at Landlord’s cost. If Landlord determines in its sole discretion to build a transmission tower on the roof of the Building for the sale of transmission rights to third parties, Landlord will first offer Tenant access on the same terms and conditions (including the same fees) that are offered to third parties. If Tenant shall not accept such terms within thirty (30) days after the same shall have been offered to Tenant, then Tenant shall no longer have any rights pursuant to the preceding sentence, and Landlord shall be free to offer any terms and conditions to any third parties at any time.
(b) Any Antenna installed on the roof of the Building shall not protrude horizontally from the edge of the roof of the Building and shall be screened with materials and in a manner approved by Landlord.
(c) The Equipment Prior to commencing any installation of the Antenna, Tenant and/or the contractor installing such Antenna shall obtain all necessary permits and Cables shall remain licenses and comply with all applicable Legal Requirements and all Insurance Requirements in connection with the property of Tenant or its contractor during the TermAntenna, including but not limited to, obtaining zoning and building permits. Tenant shallshall provide Landlord with copies of such permits and licenses promptly upon Tenant’s obtaining the same. Tenant shall indemnify, at its sole cost protect, defend and expense within fourteen (14) days, remove save each Indemnified Party harmless with regard to any non-compliance or have removed such Equipment and Cables upon the earlier of (1) the expiration alleged non-compliance by Tenant with any Legal Requirements or termination requirement of this Agreement, or (ii) Lease in any way relating to the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualtyAntenna.
(d) Tenant or the contractor installing the Antenna shall bear all expense procure and maintain insurance in the minimum amount of $5,000,000 insuring each Indemnified Party against liability for injury to or death of a person or persons or damage to property occasioned by or arising out of or in connection with the installation, use repair, maintenance or operation of the Antenna. Prior to the commencement of the installation of the Antenna, Tenant shall furnish a certificate of insurance and such other evidence satisfactory to Landlord of the maintenance of such Equipment and Cablesinsurance coverage, and as Landlord may reasonably request. Each Indemnified Party shall be solely responsible for all maintenancenamed as an additional insured on such insurance.
(e) Penetration in the roof of the Building in connection with the installation of the Antenna shall be avoided if possible and, repair if made, be done in accordance with the roof manufacturer’s specifications (a copy of which shall be promptly delivered by Landlord to Tenant after Tenant’s request therefor) and damage caused be restored fully upon the removal of the Antenna. The Antenna and any related screening are hereby deemed to be included within the Roof definition of Specialty Alterations. Landlord retains the right to inspect the installation of the Antenna and, if necessary, require commercially reasonably corrective measures during the course of or roof membrane as a result upon completion of the installation or any access of the Antenna. Installation of the Antenna shall be done in such manner as to not affect the antennawarranty for the roof (a copy of which shall be promptly delivered by Landlord to Tenant after Tenant’s request therefor). Tenant shall indemnifybe responsible for any required maintenance and repair of the roof resulting from the installation, defendmaintenance, protect repair, replacement, operation or use and/or removal of the Antenna. Any such maintenance and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered repair of the roof shall be performed by Landlord directly caused at Tenant’s expense and Tenant shall pay for the same within 30 days after receipt of a xxxx therefor.
(f) Landlord makes no representations or warranties regarding the ability or suitability of the roof to support or maintain the Antenna.
(g) Tenant and the contractor installing the Antenna shall install, repair, maintain, service and use the Antenna in such manner so as to minimize any disturbance with other Building tenants’ and occupants’ peaceable and quiet enjoyment of their respective premises. The Antenna shall be used by Tenant only for purposes incidental to Tenant's installation, ’s ordinary business use and maintenance of shall not be utilized for commercial broadcasting or commercial transmission purposes or for any other Persons (other than Tenant’s Affiliates who occupy the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the ProjectPremises).
e(h) Tenant shall maintain in force and effect Landlord may elect, at any time during the Term, comprehensive liability insurance protecting Landlord against any liabilityupon at least 90 days notice to Tenant and at Landlord’s expense, damages costs or expenses, to require Tenant to relocate the Antenna to another location on the roof of the Building provided that such new location shall not adversely affect the utility of the Antenna.
(i) Tenant shall pay for all electrical service required for its use of the Antenna in connection accordance with the applicable provisions of this Lease (including Article 5 hereof). Tenant shall be responsible for connecting the Antenna and the Premises by core drilling and, if necessary, installing a conduit in the Building shafts and risers, and Landlord shall provide Tenant with all reasonable and non-exclusive access to such shafts and risers for Tenant’s installation, use removal, replacement, repair, maintenance and maintenance operation therein of the Equipment lines, cables and Cables, and shall supply other installations. Subject to Landlord’s approval in accordance with Article 14, upon Landlord's written request, separate conduits may be installed for the appropriate certificates of such insuranceelectrical connection to the Premises and the signal connection to the Premises.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. Tenant Without limiting any other provision of this Lease, Lessee shall be granted have the non-exclusive right to install one satellite dish (1the "Dish") antenna in and a supplemental air conditioning unit for the Antenna Area at Tenant's expense and Premises (the "Air Conditioner" and, together with the Dish, the "Facilities") on the roof of the Building (including necessary connection to the Demised Premises) for use by Lessee, provided any such installations shall be subject to appropriate governmental approval Lessor's prior consent, which consent shall not be unreasonably withheld, conditioned or delayed. Any such Facilities shall be installed in accordance with all applicable laws and Landlord's reasonable approvalbuilding codes. Lessee shall remove such Facilities at the expiration or earlier termination of the Lease; provided Lessee shall repair any damage to the roof caused by such removal. Prior to installation making any installations on the roof of the antennaBuilding, Tenant Lessee shall submit use a roofing contractor for all work to Landlord all plans, specifications and drawings. Tenant shall be responsible for performed by Lessee on the installation, maintenance and operation and liability roof of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically Building approved by Landlord in writingLessor, which approval shall not be unreasonably delayed withheld. Lessee shall furnish detailed plans and specifications for the Facilities (or withheld.
cany modifications thereof) to Lessor for its approval. The Equipment parties agree that Lessee's use of the rooftop of the Building is a non-exclusive use and Cables Lessor may permit the use of any other portion of the roof to any other person for any use including installation of other satellite dishes, antennas and support equipment. Lessee shall remain use its reasonable efforts to insure that its use of the property rooftop does not impair such other person's data transmission and reception via its respective antennas and support equipment. If Lessee's construction, installation, maintenance, repair, operation or use of Tenant the Dish shall interfere with the rights of Lessor (including, without limitation, Lessor's right to reasonably use the remainder of the roof) or other lessees in the Building, Lessee shall cooperate with Lessor or such other lessees 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 not suffering such interference prior to the use of the Dish causing such interference by Lessee, in which case the cost of remedying such interference shall be borne by Lessee. Lessee shall secure and keep in full force and effect, from and after the time Lessee begins construction and installation of the Facilities, such supplementary insurance with respect to the Facilities as Lessor may reasonably require, provided that the same shall not be in excess of that which would customarily be required from time to time by Lessors of buildings of similar class and character in Morris County, New Jersey with respect to similar installationx. In connection with the installation, maintenance and operation of the Facilities , Lessee, at Lessee's sole cost and expense, shall comply with all legal requirements and shall procure, maintain and pay for all permits required therefor, and Lessor makes no warranties whatsoever as to the permissibility of the Facilities under applicable legal requirements or the suitability of the roof of the Building for the installation thereof. If Lessor's structural engineer deems it advisable that there be structural reinforcement of the roof in connection with the installation of the Facilities, Lessor shall perform same at Lessee's cost and expense and Lessee shall not perform any such installation prior to the completion of any such structural reinforcement. The installation of the Facilities shall be subject to the provisions of Articles 5 and 6 applicable to alterations and installations. For the purpose of installing, servicing or repairing the Facilities, Lessee shall have access to the rooftop of the Building, upon reasonable notice to Lessor, and Lessor shall have the right to require, as a condition to such access, that Lessee (or its employee, contractor during or other representative) at all times be accompanied by a representative of Lessor. Lessee shall pay for all electrical service required for Lessee's use of the TermFacilities, in accordance with the provision set forth in Article 22 hereof. Tenant shallLessee, 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 and repair, operation or removal of the Facilities. Lessee shall be responsible for all costs and expense within fourteen (14) daysfor repairs of the roof which result from Lessee's use of the roof for the construction, remove installation, maintenance, repair, operation and use of the Facilities. All installations made by Lessee on the rooftop or have removed such Equipment and Cables upon in any other part of the earlier of (1) Building pursuant to the expiration or termination provisions of this AgreementArticle 56 shall be at the sole risk of Lessee, and neither Lessor, nor any agent or employee of Lessor, shall be responsible or liable for any injury or damage to, or (ii) arising out of, the Facilities. Lessee's indemnity under Article 33 shall apply with respect to the installation, maintenance, operations, presence or removal of the Facilities by Lessee. Upon the expiration of the Lease. To Term, the extent reasonably possibleFacilities shall be removed by Lessee at its sole cost and expense, Tenant and Lessee shall restore Landlordrepair any damage to the rooftop or any other portions of the Building to substantially their condition immediately prior to Lessee's affected facilities to their original condition, including repainting or touch-up, excepting installation of the Facilities (ordinary wear and teartear excepted). Notwithstanding anything to the contrary contained in this Article 56, Lessor shall have the right, at Lessor's expense, on not less than thirty (30) days' prior notice, to relocate the Facilities to another location on the roof of the Building, such expense to include, without limitation, the removal of the existing Facilities, the purchasing of labor, materials and equipment necessary for the relocation thereof and the reinstallation of the Facilities at such other location as reasonably designated by Lessor on the roof of the Building, provided that Lessor does not, except if work is reasonably required to be performed on the roof or in the Building, either materially interfere with or adversely affect the receipt of and/or damage or destruction due to fire transmittal of microwaves or other casualty.
d) Tenant similar signals, and Lessee shall cooperate in all reasonable respects with Lessor in any such relocations; provided, however, that if such relocation is done pursuant to any legal requirement, the cost thereof shall be borne by Lessee (unless such legal requirement relates to, or results from, other actions taken, or permitted to be taken, by Lessor, in which event Lessor shall bear all expense of the costs and expenses of such relocation). The rights granted in this Article 56 are given in connection with the installation, use and maintenance of such Equipment and Cableswith, and as part of the rights created under this Lease and are not separately transferable or assignable. If the installation of the Facilities or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Lessor, then Lessee shall be solely responsible reimburse Lessor for all maintenance, repair and any loss or damage caused to the Roof sustained or roof membrane costs or expenses incurred by Lessor as a result of the installation such impairment or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease (Medicines Co /De)
Roof Rights. Tenant Without limiting any other provision of this Lease, Lessee shall be granted have the exclusive right to install one satellite dishes, antennae and related equipment (1collectively, the "Dish") antenna in and supplemental HVAC units ("HVAC Units") on the Antenna Area at Tenant's expense and roof of the Building (including necessary connection to the Premises) for use by Lessee, provided any such installations shall be subject to appropriate governmental approval Lessor's prior consent, which consent shall not be unreasonably withheld, conditioned or delayed. Any such facilities shall be installed in accordance with all applicable laws and Landlordbuilding codes. The HVAC Units and the Dish shall be screened to Lessor's reasonable approvalsatisfaction. Lessee shall remove such facilities at the expiration or earlier termination of the Lease; provided Lessee shall repair any damage to the roof caused by such removal. Prior to installation making any installations on the roof of the antennaBuilding, Tenant Lessee shall submit use a roofing contractor for all work to Landlord all plans, specifications and drawings. Tenant shall be responsible for performed by Lessee on the installation, maintenance and operation and liability roof of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically Building approved by Landlord in writingLessor, which approval shall not be unreasonably delayed withheld, conditioned or withheld.
cdelayed. Lessee shall furnish detailed plans and specifications for the HVAC Units and the Dish (or any modification thereof) to Lessor for its approval. The Equipment parties agree that Lessee’s use of the rooftop of the Building is an exclusive use. Lessee shall secure and Cables keep in full force and effect, from and after the time Lessee begins construction and installation of the HVAC Units and the Dish, such supplementary insurance with respect to the HVAC Units and the Dish as Lessor may reasonably require, provided that the same shall remain not be in excess of that which would customarily be required from time to time by lessors of buildings of similar class and character in Xxxxxx County, New Jersey with respect to similar installations. In connection with the property installation, maintenance and operation of Tenant the HVAC Units and the Dish, Lessee, at Lessee's sole cost and expense, shall comply with all legal requirements and shall procure, maintain and pay for all permits required therefor, and Lessor makes no warranties whatsoever as to the permissibility of HVAC Units and the Dish under applicable legal requirements or the suitability of the roof of the Building for the installation thereof. If Lessor's structural engineer deems it advisable that there be structural reinforcement of the roof in connection with the installation of the HVAC Units and the Dish, Lessor shall perform same at Lessee's cost and expense and Lessee shall not perform any such installation prior to the completion of any such structural reinforcement. The installation of the HVAC Units and the Dish shall be subject to the provisions of Articles 5 and 6 applicable to alterations and installations. For the purpose of installing, servicing or repairing the HVAC Units and the Dish, Lessee shall have access to the rooftop of the Building, upon reasonable notice to Lessor, and Lessor shall have the right to require, as a condition to such access, that Lessee (or its employee, contractor during or other representative) at all times be accompanied by a representative of Lessor. Lessee shall pay for all electrical service required for Lessee's use of the Term. Tenant shallHVAC Units and the Dish, in accordance with the provision set forth in Article 22 hereof Lessee, 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 and repair, operation or removal of the HVAC Units and the Dish. Lessee shall be responsible for all costs and expense within fourteen (14) daysfor repairs of the roof, remove which result from Lessee's use of the roof for the construction, installation, maintenance, repair, operation and use of the HVAC Units and the Dish. All installations made by Lessee on the rooftop or have removed such Equipment and Cables upon in any other part of the earlier of (1) Building pursuant to the expiration or termination provisions of this AgreementArticle 55 shall be at the sole risk of Lessee, and neither Lessor, nor any agent or employee of Lessor, shall be responsible or liable for any injury or damage to, or (ii) arising out of, the HVAC Units and the Dish. Lessee's indemnity under Article 33 shall apply with respect to the installation, maintenance, operation, presence or removal of the HVAC Units and the Dish by Lessee. Upon the expiration of the Lease. To Term, the Dish (but not the HVAC Units to the extent reasonably possibleinstalled as part of the Tenant Improvements) shall be removed by Lessee at its sole cost and expense, Tenant and Lessee shall restore Landlordrepair any damage to the rooftop or any other portions of the Building to substantially their condition immediately prior to Lessee's affected facilities to their original condition, including repainting or touch-up, excepting installation of the Dish (ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense tear excepted). The rights granted in this Article 55 are given in connection with the installation, use and maintenance of such Equipment and Cableswith, and as part of the rights created under this Lease and are not separately transferable or assignable. If the installation of the HVAC Units and the Dish or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Lessor, then Lessee shall be solely responsible reimburse Lessor for all maintenance, repair and any loss or damage caused to the Roof sustained or roof membrane costs or expenses incurred by Lessor as a result of the installation such impairment or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease (Griffin Capital Essential Asset REIT II, Inc.)
Roof Rights. Tenant shall be granted Subject to the conditions set forth herein and provided no Event of Default has occurred and is continuing hereunder, Landlord hereby grants to Tenant, as an appurtenance to the Premises, the non-exclusive right to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use maintain and have maintained in the Antenna Areaoperate, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense expense, a mast-mounted satellite antenna (the "Antenna") on the roof of the Building and related equipment reasonably necessary for the operation of the Antenna, all in accordance with the Roof License Agreement attached hereto as Exhibit "H" and incorporated herein by ----------- reference (the "Roof License Agreement"). The size, location and method of installation of the Antenna shall be at Landlord's sole discretion and Tenant hereby agrees to install the Antenna at Tenant's sole cost and expense, under the direct supervision of Landlord's roofing contractor, and in good such a manner as will not affect Landlord's insurance or roof warranty. The use of the Antenna shall be limited solely to Tenant, and work-manlike mannerLandlord reserves the right, in its sole discretion, to withhold consent to any proposed subletting or assignment of the rights to use the Antenna. Tenant shall have and retain whatever title and rights to install all equipment at the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) daysand risk of Tenant and shall do so in a good, remove workmanlike manner and in compliance with all federal, state and local building, zoning, electric, telecommunications, and safety codes and ordinances, standards, regulations, laws and requirements, including, without limitation, those of the Federal Communications Commission. Nothing contained herein shall impose any liability or have removed such Equipment and Cables repair obligations upon Landlord relative to the earlier of (1) Antenna. Upon the expiration or earlier termination of this AgreementLease, or (ii) Tenant agrees, while under the expiration direct supervision of Landlord's roofing contractor, to remove the Antenna and return the roof of the LeaseBuilding to the condition in which it existed as of the Commencement Date. To Prior to the extent reasonably possibleinstallation of the Antenna, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to execute the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the ProjectLicense Agreement.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease Agreement (Oni Systems Corp)
Roof Rights. Subject to the terms and conditions of this Section 21, Landlord shall provide Tenant shall be granted the right with a non-exclusive license to install install, maintain and replace from time-to-time one (1) antenna satellite dish not to exceed 36” in diameter (the “Rooftop Equipment”) on the roof of the Building, at Tenant’s sole cost and expense (including all costs and expenses associated with screening the Rooftop Equipment), subject to the following: (i) requirements of the applicable laws and all legal requirements; (ii) the right of Landlord to reasonably approve the size, type, location, placement, placement method and contractor(s) installing of the Rooftop Equipment, (iii) the right of Landlord to supervise and/or to perform any work upon the roof of the Building at Tenant’s reasonable expense; and (iv) compliance with the conditions of any roof bond, warranty or guarantee maintained by Landlord on the Building. Landlord shall endeavor to make reasonable provisions, at Tenant’s sole cost and expense, for Tenant’s reasonable access to the Rooftop Equipment, whether installed by the Commencement Date or at some later date in the Antenna Area at future. In addition, Tenant's expense and ’s rights hereunder are subject to appropriate governmental approval and Landlord's reasonable approval. Prior the preexisting rights of other tenants of the Building to install equipment on the roof prior to Tenant’s installation of its Rooftop Equipment pursuant to rights granted to such other tenants prior to the antennadate hereof. Additionally, Tenant in no event shall submit the Rooftop Equipment be allowed to interfere with any other equipment on the roof or with Landlord’s operation of the Building. With the exception of the obligation for expenses as provided herein, there will be no charge by Landlord for Tenant’s use of the roof during the Term and all plans, specifications and drawingsrenewal terms of this Lease. Tenant shall be responsible for the repair of any damage to any portion of the Building or the Premises caused by Tenant’s installation, maintenance and operation and liability use or removal of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Rooftop Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have maintain the Rooftop Equipment in good, clean and retain whatever title and rights to the safe condition. The Rooftop Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the exclusive property of Tenant, and Tenant or its contractor during the Term. Tenant shall, shall remove same at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or earlier termination of this AgreementLease or the rights of Tenant hereunder. The rights granted under this Section 21 are personal to the above-named Tenant and in the event of any Transfer, or (ii) the expiration of rights locate the Lease. To the extent reasonably possibleRooftop Equipment granted under this Section 21 shall lapse, and Tenant shall restore Landlord's affected facilities be required to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense remove the Rooftop Equipment in connection accordance with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antennaprovisions hereinabove. Tenant shall indemnifyprotect, defend, protect indemnify and hold harmless Landlord harmless from and against liabilityany and all losses, claims, damages, liabilities, costs or expenses of every kind and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, nature (including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
ereasonable attorneys’ fees) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting imposed upon or incurred by or asserted against Landlord against any liability, damages costs or expenses, in connection with the arising out of Tenant’s installation, maintenance, use and maintenance or removal of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written requestRooftop Equipment. Except as expressly set forth in this Section 21, the appropriate certificates terms and provisions of such this Lease shall be fully applicable to the Rooftop Equipment in the same manner as to Premises and Tenant’s personal property therein, including, without limitation, all of Tenant’s obligations with respect to insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. Tenant shall be granted the right to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antennashall, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below)of this Lease, Tenant may installbe entitled to erect, use install and have maintained in the Antenna Area, maintain a satellite dish and/or antenna or other rooftop equipment ("Equipment"including equipment related to supplemental HVAC units) as specifically described in documentation delivered by Tenant reasonably acceptable to Landlord in connection with (“Tenant’s Rooftop Equipment”) at location(s) to be designated by Landlord, subject to the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. following conditions:
(a) Tenant shall have provide, install and retain whatever title and rights to the maintain Tenant’s Rooftop Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense.
(b) Tenant shall, before erecting or installing any of Tenant’s Rooftop Equipment, submit to Landlord for Landlord’s review and approval plans and specifications for installing such Tenant’s Rooftop Equipment.
(c) Neither the installation nor the removal of Tenant’s Rooftop Equipment shall affect any warranty then in place relating to the roof of the Building. If required by Landlord, Tenant shall use Landlord’s designated roofing contractor to install and/or remove Tenant’s Rooftop Equipment.
(d) The installation and/or erection of Tenant’s Rooftop Equipment shall be performed in a good and workmanlike manner and in accordance with any reasonable directions of Landlord relating thereto.
(e) Tenant shall obtain at its expense within fourteen all necessary permits and approvals that may be required from any Governmental Authority having jurisdiction with respect to the installation, erection and/or maintenance of Tenant’s Rooftop Equipment.
(14f) daysTenant’s Rooftop Equipment shall be deemed an Alteration, remove and Tenant shall comply with the requirements of this Lease relating to the construction or have removed such installation of Alterations by Tenant.
(g) In installing and/or erecting Tenant’s Rooftop Equipment, Tenant shall not unreasonably interfere with Landlord’s operation of the Building or the rights of any other tenants of the Building.
(h) Tenant shall cause Tenant’s Rooftop Equipment and Cables upon the earlier electromagnetic energy, if any, emitted therefrom to comply with all applicable legal requirements, including but not limited to regulations promulgated by the Federal Communications Commission (the “FCC”). Prior to installing Tenant’s Rooftop Equipment, Tenant shall deliver to Landlord (and to any party designated by Landlord) an evaluation of the radio frequency energy emissions, demonstrating that the Building, following installation of Tenant’s Rooftop Equipment, will comply with the radio frequency exposure limits (1“RF Exposure Limits”) promulgated by the FCC under 47 C.F.R. Section 1.1307, et seq., as amended (the “RF Emissions Regulations”). Tenant shall operate Tenant’s Rooftop Equipment in compliance with the RF Emissions Regulations. If, due to the installation, operation or maintenance of Tenant’s Rooftop Equipment, the Building fails to comply with the RF Exposure Limits, then Tenant shall take commercially reasonable steps to bring the Building into compliance, including but not limited to the preparation and filing of any required Environmental Assessments (“EAs”) and modifications of Tenant’s Rooftop Equipment; provided, that if compliance cannot be established within thirty (30) days after Tenant’s receipt of notice of noncompliance, or if Tenant cannot provide solutions acceptable to other parties then creating RF Emissions at the Building, then (a) if Tenant has not yet installed Tenant’s Rooftop Equipment, Tenant shall not be entitled to install and operate Tenant’s Rooftop Equipment, or (b) if Tenant has installed Tenant’s Rooftop Equipment, Tenant shall immediately cease operating Tenant’s Rooftop Equipment until an acceptable solution is found. In the event of Tenant’s violation of this subparagraph (viii), Landlord shall be entitled to immediate and continuing injunctive relief to eliminate such violation, in addition to any other remedies available at law or in equity.
(i) Tenant shall remove Tenant’s Rooftop Equipment and all wiring or other equipment related thereto from the Building in a good and workmanlike manner at the expiration or sooner termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant and shall restore Landlord's affected facilities any portion of the Building damaged in connection with such removal to their original condition, including repainting the condition it was in prior to the erection or touch-up, excepting ordinary wear and tear, installation of Tenant’s Rooftop Equipment and/or damage or destruction due to fire said wiring or other casualtyequipment.
d(j) Tenant shall bear all expense indemnify, defend and hold harmless Landlord and Landlord’s agents and employees with respect to any liability (including but not limited to liability for personal injury or death) that may arise in connection with the installation, use and erection, maintenance or operation of such Tenant’s Rooftop Equipment.
(k) If any transmissions to or from Tenant’s Rooftop Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof interfere with transmissions sent or roof membrane as a result received by satellite dishes or antennae of other tenants of the Building or any other building located on the Land in existence prior to Tenant’s installation or any access erection of Tenant’s Rooftop Equipment, Tenant will take all measures reasonably necessary to the antennaeliminate such interference. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including will also take reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance measures to cause other tenants of the Equipment and Cables, including without limitation, injury and death Complex to persons, damage to property and interference modify any such equipment installed after the date of this Lease which interferes with other tenants and licensee's rights who are sharing roof-top facilities at the ProjectTenant’s transmissions.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease Agreement (Insmed Inc)
Roof Rights. 1. During the Term, Tenant shall be granted have the nonexclusive right to install on the roof of the Building one (1) antenna satellite dish(s) which is no more than twenty-four (24) inches in diameter and does exceed two hundred (200) pounds installed, which shall be enclosed by a screen and the Antenna Area at Tenant's expense nonexclusive right to run connecting lines or cables thereto from the Premises (such satellite dish/antennae and subject such connecting lines and related equipment herein referred to appropriate governmental approval and collectively as the "Equipment"). Tenant shall not penetrate the roof in connection with any installation or reinstallation of the Equipment without Landlord's reasonable prior written consent, which may be withheld in Landlord's sole discretion. The plans and specifications for all the Equipment shall be delivered by Tenant to Landlord for Landlord's review and approval. Such plans and specifications, including, without limitation, the location of the Equipment, shall be approved by Landlord in writing prior to any installation. In no event shall the Equipment or any portion thereof be visible from street level. Prior to the commencement of any installation of or other work performed on or about the antennaBuilding, Tenant Landlord shall submit to Landlord approve all plans, specifications contractors and drawingssubcontractors which shall perform such work. Tenant shall be responsible for any damage to the roof, conduit systems or other portions of the Building or Building systems as a result of Tenant's installation, maintenance and operation and liability and/or removal of the antennaEquipment.
a) 2. During the initial Term of this Lease, Tenant shall not be required to pay to Landlord agrees rent for the use of the roof and roof space to accommodate Tenant's Equipment. In the event that during Tenant extends the Term (as defined in Section 3 below)of this Lease, Tenant may installbe required, at Landlord's election, to pay rent for the use of the roof and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant roof space to Landlord in connection with the initial approval process. All of accommodate Tenant's construction Equipment, which amount shall not exceed Three Hundred Dollars ($300.00) per month and installation work shall be performed due and payable on the first day of each month with each installment of Base Rent.
3. Tenant, at Tenant's sole cost and expense expense, shall comply with all Regulations regarding the installation, construction, operation, maintenance and removal of the Equipment and shall be solely responsible for obtaining and maintaining in good force all permits, licenses and work-manlike mannerapprovals necessary for such operations.
4. Tenant shall have be responsible for and retain whatever title promptly shall pay all taxes, assessments, charges, fees and rights to other governmental impositions levied or assessed on the Equipment as it has or claims to have, exclusive of space in and structural portions of based on the buildings, which belong to and shall be retained by Landlordoperation thereof.
5. Landlord will cooperate with may require Tenant, upon thirty (30) days prior notice and at no Landlord's sole cost and expense, to Landlord, regarding Tenant's access relocate the Equipment during the Term to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically a location approved by Landlord in writingTenant, which approval shall not be unreasonably delayed withheld, conditioned or withhelddelayed. Tenant shall not change the location of, or alter or install additional Equipment or paint any of the other Equipment without Landlord's prior written consent.
c) The 6. Operation of the Equipment shall not interfere in any manner with equipment systems or utility systems of other tenants of the Project, including without limitation, telephones, dictation equipment, lighting, heat and Cables air conditioning, computers, electrical systems and elevators. If operation of the Equipment causes such interference, as determined by Landlord in Landlord's reasonable discretion, Tenant immediately shall remain suspend operation of the property of Equipment until Tenant or its contractor during the Termeliminates such interference.
7. Tenant shallshall maintain the Equipment in good condition and repair, at its Tenant's sole cost and expense. Landlord may from time to time require that Tenant repaint the satellite dishes at Tenant's expense within fourteen (14) daysto keep the same in an attractive condition. In the event that Tenant fails to repair and maintain the Equipment in accordance with this Lease, remove Landlord may, but shall not be obligated to, make any such repairs or have removed such perform any maintenance to the Equipment and Cables Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith, plus a reasonable administrative fee.
8. Tenant may access the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration roof for repair and maintenance of the LeaseEquipment, only during normal business hours, on not less than 24 hours prior written notice to Landlord. To the extent reasonably possible, Tenant shall restore designate in writing to Landlord all persons whom Tenant authorizes to have access to the roof for such purposes. Upon such designation and prior identification to Landlords' building security personnel, such authorized persons shall be granted access to the roof by Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) building engineer. Tenant shall bear be responsible for all expense costs and expenses incurred by Landlord in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any Tenant's access to the antennaroof pursuant to this Paragraph. Landlord or Landlord's agent may accompany Tenant during such access.
9. Tenant shall indemnify, defend, protect and hold harmless Landlord harmless from and against liability, damages, costs any and expenses, including reasonable attorneys' fees incurred all claims related to the Equipment or suffered by operation of the same as if the Equipment were located wholly within the Premises. Tenant shall provide evidence satisfactory to Landlord directly caused by that Tenant's installationproperty and liability insurance policies required under this Lease include coverage for the Equipment and any claim, loss, damage, or liability relating to the Equipment.
10. Landlord shall have no responsibility or liability whatsoever relating to (i) maintenance or repair of the Equipment, (ii) damage to the Equipment; (iii) damage to persons or property relating to the Equipment or the operation thereof; or (iv) interference with use and maintenance of the Equipment and Cablesarising out of utility interruption or any other cause, including without limitation, except for injury and death to persons, persons or damage to property and interference with caused solely by the active negligence or intentional misconduct of Landlord, its agents or any other tenants and licensee's rights who are sharing roof-top facilities at parties related to Landlord. In no event shall Landlord be responsible for consequential damages. Upon installation of the Project.
e) Equipment, Tenant shall maintain accept the area where the Equipment is located in force and effect during its "as is" condition. Tenant acknowledges that the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance roof location of the Equipment and Cablesis suitable for Tenant's needs, and acknowledges that Landlord shall supply have no obligation whatsoever to Landlordimprove, upon Landlord's written request, maintain or repair the appropriate certificates of such insurancearea in which the Equipment will be installed.
f) 11. Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection use the Equipment solely for Tenant's operations associated with the installationPermitted Use and within Tenant's Premises and shall not use or allow use of the Equipment, use for consideration or otherwise, for the benefit of other tenants in the Building or any other person or entity. Tenant shall, at Tenant's sole cost and maintenance expense, remove such portions of the Equipment as Landlord may designate upon the expiration or earlier termination of this Lease, and Cablesrestore the affected areas to their condition prior to installation of the Equipment. If Tenant fails to so remove the Equipment, Landlord reserves the right to do so, and the expense of the same shall be immediately due and payable from Tenant to Landlord as additional rent, together with interest and late charges as provided in this Lease, plus a reasonable administrative fee.
Appears in 1 contract
Samples: Office Lease (Intraware Inc)
Roof Rights. Without limiting any other provision of this Lease, Tenant shall be granted have the non-exclusive right to install one satellite dish (1collectively, the “Dish”) antenna not to exceed 36 inches in diameter on the Antenna Area at roof of the Building (including necessary connection to the Premises) for use by Tenant's expense and , provided any such installations shall be subject to appropriate governmental approval Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed. Any such facilities shall be installed in accordance with all applicable laws and building codes. The Dish shall be screened to Landlord's ’s reasonable approvalsatisfaction. Tenant shall remove such facilities at the expiration or earlier termination of the Lease; provided Tenant shall repair any damage to the roof caused by such removal. Prior to installation making any installations on the roof of the antennaBuilding, Tenant shall submit use a roofing contractor for all work to Landlord all plans, specifications and drawings. be performed by Tenant shall be responsible for on the installation, maintenance and operation and liability roof of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained Building approved by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed withheld. Tenant shall furnish detailed plans and specifications for the Dish (or withheld.
cany modifications thereof) to Landlord for its approval. The Equipment parties agree that Tenant’s use of the rooftop of the Building is a non-exclusive use and Cables Landlord may permit the use of any other portion of the roof to any other person for any use including installation of other satellite dishes, antennas and support equipment. Tenant shall remain use its reasonable efforts to ensure that its use of the property rooftop does not impair such other person’s data transmission and reception via its respective antennas and support equipment, and Landlord shall use commercially reasonable efforts to ensure that any subsequent rooftop user does not impair Tenant’s data transmission and reception via its antenna and support equipment. If Tenant’s construction, installation, maintenance, repair, operation or use of the Dish shall interfere with the rights of Landlord (including, without limitation, Landlord’s right to reasonably 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 roof in the manner suffering such interference prior to the use of the Dish causing such interference 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 Dish, such supplementary insurance with respect to the Dish as Landlord may reasonably require, provided that the same shall not be in excess of that which would customarily be required from time to time by Landlords of buildings of similar class and character in Xxxxxx County, New Jersey with respect to similar installations. In connection with the installation, maintenance and operation of the Dish, Tenant, at Tenant’s sole cost and expense, shall comply with all legal requirements and shall procure, maintain and pay for all permits required therefor, and Landlord makes no warranties whatsoever as to the permissibility of a Dish under applicable legal requirements or the suitability of the roof of the Building 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 Dish, Landlord shall perform same at Tenant’s cost and expense and Tenant shall not perform any such installation prior to the completion of any such structural reinforcement. The installation of the Dish shall be subject to the provisions of Articles 4 and 5 applicable to alterations and installations. For the purpose of installing, servicing or repairing the Dish, Tenant shall have access to the rooftop of the Building, 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 during the Termor other representative) at all times be accompanied by a representative of Landlord. Tenant shallshall pay for all electrical service required for Tenant’s use of the Dish, in accordance with the provision set forth in Exhibit H hereof. 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 and repair, operation or removal of the Dish. Tenant shall be responsible for all costs and expense within fourteen (14) daysfor repairs of the roof which result from Tenant’s use of the roof for the construction, remove installation, maintenance, repair, operation and use of the Dish. All installations made by Tenant on the rooftop or have removed such Equipment and Cables upon in any other part of the earlier of (1) Building pursuant to the expiration or termination provisions of this AgreementArticle 35 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 (ii) arising out of, the Dish. Tenant’s indemnity under Article 23 shall apply with respect to the installation, maintenance, operations, presence or removal of the Dish by Tenant. Upon the expiration of the Lease. To Term, the extent reasonably possibleDish shall be removed by Tenant at its sole cost and expense, and Tenant shall restore Landlord's affected facilities repair any damage to the rooftop or any other portions of the Building to substantially their original condition, including repainting or touch-up, excepting condition immediately prior to Tenant’s installation of the Dish (ordinary wear and teartear excepted). Notwithstanding anything to the contrary contained in this Article 35, Landlord shall have the right, at Landlord’s expense, on not less than thirty (30) days’ prior notice, to relocate the Dish to another location on the roof of the Building, such expense to include, without limitation, the removal of the existing Dish, the purchasing of labor, materials and equipment necessary for the relocation thereof and the reinstallation of the Dish at such other location as reasonably designated by Landlord on the roof of the Building, provided that Landlord does not, except if work is reasonably required to be performed on the roof or in the Building, either materially interfere with or adversely affect the receipt of and/or damage or destruction due to fire transmittal of microwaves or other casualty.
d) similar signals, and Tenant shall cooperate in all reasonable respects with Landlord in any such relocations; provided, however, that if such relocation is done pursuant to any legal requirement, the cost thereof shall be borne by Tenant (unless such legal requirement relates to, or results from, other actions taken, or permitted to be taken, by Landlord, in which event Landlord shall bear all expense of the costs and expenses of such relocation). The rights granted in this Article 35 are given in connection with the installation, use and maintenance of such Equipment and Cableswith, and as part of the rights created under this Lease and are not separately transferable or assignable. If the installation of the Dish or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, then Tenant shall be solely responsible reimburse Landlord for all maintenance, repair and any loss or damage caused to the Roof sustained or roof membrane costs or expenses incurred by Landlord as a result of the installation such impairment or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. Tenant shall be granted the right to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during Subject to the Term (as defined in requirements of this Section 3 below)8.19, Tenant may install, maintain and operate, at Tenant’s sole cost and expense, up to 5 communications antennas, satellite dishes or similar telecommunications equipment (collectively, the “Communications Equipment”) on the structure therefor provided by Landlord on the roof of the Building and run a cable therefrom into the Premises through conduit space provided by Landlord in such locations as Landlord may designate. Tenant acknowledges that (i) Tenant’s use of the roof of the Building is a non-exclusive use and have maintained Landlord may permit any person or entity to use any other portion of the roof of the Building for any use; (ii) the installation of the Communications Equipment shall be deemed to be a Material Alteration; (iii) if Landlord’s structural engineer recommends that there be structural reinforcement of the roof of the Building in connection with the installation of the Communications Equipment, Tenant shall, prior to any installation of the Communications Equipment, perform the same at Tenant’s sole cost and expense in accordance with plans and specifications approved by Landlord; (iv) without limiting the other conditions set forth in this Section 8.19, such installation (including, without limitation, any structural reinforcements performed in connection therewith) shall be performed in compliance with all of the provisions of Section 4.02 and the other provisions of this Lease applicable to Alterations; (v) Tenant, at Tenant’s expense, shall comply with all Laws and procure and maintain all necessary permits and approvals required therefor (Tenant hereby acknowledging that Landlord is making no representations as to the permissibility of any Communications Equipment on the roof of the Building by any governmental authority having jurisdiction thereof); (vi) Tenant shall promptly repair any damage (whether structural or non-structural) caused to the roof or any other portion of the Building or its fixtures, equipment and appurtenances by reason of the installation, maintenance or operation of the Communications Equipment (or, at Landlord’s election, Landlord shall perform such repairs and Tenant shall reimburse Landlord for the reasonable costs thereof within 30 days after rendition of a xxxx therefor); (vii) the installation, operation and maintenance of the Communications Equipment shall not interfere with the operation and maintenance of any installations existing on the date Tenant installs the Communications Equipment; (viii) if Tenant’s installation, operation or maintenance of the Communications Equipment shall interfere with Landlord’s rights (including, without limitation, Landlord’s right to use the remainder of the roof of the Building for any purposes) or other present or future tenants in the Antenna AreaBuilding, equipment Tenant shall cooperate with Landlord or such other tenants in all reasonable respects, at no cost to Tenant, in eliminating such interference; provided that in cases where the interference affects installations existing on the date Tenant installs the Communications Equipment the cost of remedying such interference shall be borne by Tenant; and ("ix) no satellite dish or other Communications Equipment may be more than 24 inches in diameter.
(b) If the specific manner of installation or maintenance of the Communications Equipment shall revoke, negate or in any manner impair or limit any roof warranty or guaranty for the Building, and provided Tenant has been notified thereof prior to Tenant’s installation of such Communications Equipment", then Tenant shall reimburse Landlord for any loss or damage sustained or costs or expenses incurred by Landlord as a result thereof. Tenant shall remove the Communications Equipment upon the expiration or earlier termination of the Term and repair any damage to the roof of the Building caused by the installation or removal of the Communications Equipment, all at Tenant’s expense (or, at Landlord’s election, Landlord shall perform such repairs and Tenant shall reimburse Landlord for the reasonable costs thereof within 30 days after rendition of a xxxx therefor). Landlord shall have no liability to repair or maintain the Communications Equipment, nor shall Landlord be liable for any damage to the Communications Equipment, except to the extent such damage is caused by the negligence or willful misconduct of Landlord.
(c) For the purpose of installing, operating or maintaining the Communications Equipment, Tenant shall have access to the roof of the Building at reasonable times upon reasonable notice to Landlord, and Landlord shall have the right to require, as specifically described a condition to such access, that Tenant (or Tenant’s employee, contractor or other representative) at all times be accompanied by a representative of Landlord who Landlord shall make available upon reasonable notice, and, if such representative is provided on an overtime basis, Tenant shall pay Landlord’s out-of-pocket expenses incurred in documentation delivered making such representative available.
(d) Landlord shall have the right to relocate the Communications Equipment, at Landlord’s sole cost and expense (or at Tenant’s sole cost and expense if the relocation shall be required due to the application of any Laws or if due to the request of Tenant), to any other location on the roof of the Building, such right to be exercisable by Landlord giving Tenant 10 days prior notice thereof (except in the case of emergency in which case Landlord shall give such notice as is reasonably practicable). Tenant shall pay any amounts due to Landlord in connection with the initial approval process. All relocation of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike mannerthe Communications Equipment within 30 days after rendition of a xxxx therefor. Tenant shall not have and retain whatever title and rights the right to the Equipment as it has or claims object to have, exclusive of space in and structural portions any new location of the buildings, which belong to and Communications Equipment unless such new location shall be retained by Landlord. Landlord will cooperate with adversely affect Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection ’s use of the utilities to the Communications Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c(e) All Communicative Equipment shall, if electricity is required, be connected to Tenant’s submeters measuring Tenant’s use of electricity in the Premises.
(f) The Equipment rights granted in this Section 8.19 are given in connection with, and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration as part of the rights created hereunder, this Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting and are not separately transferable or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or assignable other casualty.
d) Tenant shall bear all expense than in connection with the installation, use and maintenance an assignment of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof this Lease or roof membrane as a result subletting of the installation or any access to the antennaPremises as permitted by this Lease. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, not resell in any form the use and maintenance of the Equipment and CablesCommunications Equipment, including including, without limitation, injury and death to persons, damage to property and interference with the granting of any licensing or other tenants and licensee's rights who are sharing roof-top facilities at the Projectrights.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease (Bowne & Co Inc)
Roof Rights. Tenant shall be granted have the non-exclusive right to install one (1) antenna in use the Antenna Area roof and the shaft and mechanical areas of the Building to install, operate, maintain, repair and remove the Dish System, at Tenant's ’s sole cost and expense in order to provide support for the operation of Tenant’s business at the Premises and subject for no other use or purpose. Tenant’s installation, operation, maintenance, repair and removal of the Dish System shall be in accordance with all terms of this Lease, including but not limited to appropriate Tenant’s Construction Procedures, as well as the following terms and conditions: (a) such installation shall not violate Landlord’s roof warranty for the Building; (b) if requested by Landlord, Tenant shall screen the Dish System in a commercially reasonable manner so the same is not visible from the Common Area; and (c) Tenant shall secure all necessary consents and approvals from all applicable governmental approval authorities to construct, operate, maintain and Landlord's reasonable approvalremove the Dish System. Prior to Tenant shall submit written plans depicting the size, location and manner of installation of the antenna, Tenant shall submit Dish System to Landlord all plansfor Landlord’s prior review and consent, specifications and drawingswhich consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall be responsible for the cost of installation, operation, maintenance, repair and removal of the Dish System. Tenant’s Dish System shall be considered Tenant’s property for all purposes under this Lease. Tenant shall defend, indemnify and hold harmless Landlord and be solely responsible for the installation, maintenance and operation and liability repair of the antenna.
a) Dish System and any liability arising from the installation, existence or maintenance of the Dish System, except to the extent Landlord agrees that during or its agents, employees, or contractors have acted in a negligent or intentional misconduct manner. The Dish Area on which the Term (as defined in Section 3 below), Tenant may install, use and have maintained in Dish System is installed shall be considered part of the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All Premises for purposes of Tenant's construction ’s maintenance, indemnity and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike mannerinsurance obligations under this Lease, except to the extent of Landlord’s general responsibility for the roof under this Lease. Tenant shall have pay all personal property taxes of any kind or nature whatsoever levied upon the Dish System and retain whatever title all licensing fees, franchise taxes and rights other charges, expenses and other costs of any nature whatsoever relating to the Equipment as it has construction, ownership, maintenance and operation of the Dish System. Tenant shall supply all electrical power for the normal operation of the Dish System, which utility supply shall be separately metered and paid for by Tenant (and may, at Tenant’s option, be included in the utility metering for the Premises in general). The installation and operation of the Dish System shall not unreasonably interfere with the safety or claims operation of the Building, shall not cause any labor dispute, and shall not violate in any respect any provision or requirement of any bond or guaranty covering the roof or any other portion of the Building. Tenant shall use reasonable efforts to haveensure that the Dish System shall not unreasonably interfere with the operation of any other communications, exclusive of space in and structural electric or other equipment at the Building. Landlord reserves the right to use or license other portions of the buildingsBuilding for any other purpose, which belong communications or otherwise, but shall use commercially reasonable efforts to and shall be retained by Landlordnot interfere with the operation of Tenant’s Dish System. Landlord will cooperate with shall have the right to move the Dish System, at Landlord’s sole cost, only if (a) such move does not create any interference to Tenant’s future usage of the Dish System; (b) any temporary interference is minimized; and (c) the Dish System continues to work in the manner it worked prior to such move. Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this AgreementLease, vacation of the Premises, or (ii) the expiration removal or Alteration of the Lease. To the extent reasonably possibleDish System for any reason, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, the repair and damage caused to the Roof or roof membrane as a result and/or replacement of the installation or any access to the antenna. Tenant shall indemnify, defend, protect roof and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance surface of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at Building where the ProjectDish System is attached.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Multi Tenant Office Lease Agreement (Paylocity Holding Corp)
Roof Rights. (a) Tenant shall be granted have the non-exclusive right to install one (1) use certain rooftop and antenna space and certain related vertical penetrations in the rooftop and related interior space, as designated by Landlord on and within the Building (“Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible Space”) for the installation, maintenance use of communications antennas and/or satellite dishes for Tenant’s business (“Permitted Equipment”) and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike mannerfor no other purposes. Tenant shall have and retain whatever title and rights access to the Equipment as it has or claims rooftop upon twenty-four (24) hours prior notice to have, exclusive Landlord and when accompanied by a representative of space in Landlord. The location of all of such communications antennas and/or satellite dishes shall be at locations reasonably designated by Landlord provided that such locations will allow Tenant to transmit and structural portions of the buildingsreceive reception without interference (“Interference Free Location”). If from time to time a location designated by Landlord, which belong initially is acceptable to Tenant as an Interference Free Location, subsequently becomes unacceptable because of conditions which create interference, Landlord shall designate and make available to Tenant a new Interference Free Location. The installation and any costs relating thereto, and the maintenance, repair, insurance obligations and liability, with respect to such communications antennas and/or satellite dishes, shall be retained borne completely by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment.
(b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense expense, obtain and maintain any and all permits, approvals and/or licenses required by the CC&Rs and any and all governmental agencies having jurisdiction over the Building for the construction, installation and operation of the Permitted Equipment. Tenant shall not use the Antenna Space in any way that interferes (electronically or otherwise) with the use of the Building by Landlord or by any third party office tenants or licensees of Landlord. Upon written notice from Landlord to Tenant of any such interference, Tenant shall immediately eliminate or mitigate such interference to the reasonable satisfaction of Landlord. If such interference cannot be eliminated or mitigated to the reasonable satisfaction of Landlord within fourteen five (145) daysbusiness days following such notice, remove Tenant shall immediately cease operating the equipment or have removed portion thereof causing such interference. Tenant shall not perform any maintenance, repairs, alterations or other work on the Permitted Equipment in any manner that disrupts or interferes with the use of the Building by Landlord or by other tenants or licensees of Landlord. Tenant shall not make any improvement or alteration or take any other action that affects the integrity of the roof of the Building. Tenant shall be responsible for any damage, which Tenant or its agents or invitees may cause to the roof.
(c) Tenant shall cooperate with Landlord with respect to any and all maintenance and/or repair work performed by Landlord on or to the roof (collectively, “Roof Work”) during the term, as the same may be extended. In connection with such cooperation, Tenant shall temporarily move and/or relocate, at Landlord’s sole cost and expense, any and all portions of the Permitted Equipment and Cables Tenant’s improvements on or to the portion of the Antenna Space located on the roof to the extent and for the duration reasonably necessary to accommodate any Roof Work. Landlord shall notify Tenant not less than fifteen (15) business days prior to the commencement of any Roof Work. Landlord shall use commercially reasonable efforts to prevent any interference with or to the use and operation of the Permitted Equipment by Tenant during the performance of any Roof Work. In the event that Landlord desires to remodel, improve or otherwise alter the Building so as to require the relocation of the Permitted Equipment, then upon sixty (64) days prior notice to Tenant, Tenant shall cooperate with Landlord in relocating the earlier Permitted Equipment provided that (a) such relocation is at Landlord’s expense, and (b) such relocation does not have any adverse effect on the continued operation of the Permitted Equipment.
(1d) the expiration or Upon termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d(a) Tenant shall bear remove all expense in connection with of the installation, use and maintenance of such Permitted Equipment and Cablesany and all other equipment, fixtures and personal property of Tenant from the Antenna Space, (b) repair any damage caused by such removal, and shall be solely responsible for (c) surrender the Antenna Space to Landlord free and clear of all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Projectdebris.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. (a) During the Term, Tenant shall be granted have the nonexclusive right to install one on the roof of the Building up to four (14) antenna antennas or satellite dishes, of which each is no more than twenty-four inches tall, twenty inches in diameter and does not exceed ten pounds installed, which shall be enclosed by a screen, and the Antenna Area at Tenant's expense nonexclusive right to run connecting lines or cables thereto from the Premises (such satellite dishes/antennas and subject such connecting lines and related equipment herein referred to appropriate governmental approval and collectively as the "Equipment"). Tenant shall not penetrate the roof in connection with any installation or reinstallation of the Equipment without Landlord's reasonable prior written consent, which may be withheld in Landlord's sole discretion. The plans and specifications for all the Equipment shall be delivered by Tenant to Landlord for Landlord's review and approval, which shall not be unreasonably withheld or delayed. Such plans and specifications, including, without limitation, the location of the Equipment, shall be approved by Landlord in writing prior to any installation. In no event shall the Equipment or any portion thereof be visible from street level. Prior to the commencement of any installation of or other work performed on or about the antennaBuilding, Tenant Landlord shall submit to Landlord approve all plans, specifications contractors and drawingssubcontractors which shall perform such work. Tenant shall be responsible for any damage to the roof, conduit systems or other portions of the Building or Building systems as a result of Tenant's installation, maintenance and operation and liability and/or removal of the antennaEquipment. Tenant shall not do anything to the roof that adversely affects in any way the roof or Landlord's roof warranty.
a(b) Landlord agrees that during the Term (as defined in Section 3 below)Tenant, Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense expense, shall comply with all laws and in good regulations regarding the installation, construction, operation, maintenance and work-manlike manner. Tenant shall have and retain whatever title and rights to removal of the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. solely responsible for obtaining and maintaining in force all permits, licenses and approvals necessary for such operations.
(c) Tenant shall be responsible for and promptly shall pay all taxes, assessments, charges, fees and other governmental impositions levied or assessed on the Equipment or based on the operation thereof.
(d) Landlord will cooperate with may require Tenant, at no cost to Landlord, regarding Tenant's access sole cost and expense, to utilities and relocate the connection of Equipment during the utilities Xxxx to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically a location approved by Landlord in writingTenant, which approval shall not be unreasonably delayed withheld, conditioned or withhelddelayed. Tenant shall not change the location of, or alter or install additional Equipment or paint any of the other Equipment without Landlord's prior written consent.
c(e) The Operation of the Equipment shall not interfere in any manner with equipment systems or utility systems of other tenants of the Project, including without limitation, telephones, dictation equipment, lighting, heat and Cables air conditioning, computers, electrical systems and elevators. If operation of the Equipment causes such interference, as determined by Landlord in Landlord's reasonable discretion, Tenant immediately shall remain suspend operation of the property of Equipment until Tenant or its contractor during eliminates such interference.
(f) Tenant shall maintain the Term. Tenant shallEquipment in good condition and repair, at its Tenant's sole cost and expense. Landlord may from time to time require that Tenant repaint the satellite dishes at Tenant's expense within fourteen (14) daysto keep the same in an attractive condition. In the event that Tenant fails to repair and maintain the Equipment in accordance with this Lease, remove Landlord may, but shall not be obligated to, make any such repairs or have removed such perform any maintenance to the Equipment and Cables Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith, plus a reasonable administrative fee.
(g) Tenant may access the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration roof for repair and maintenance of the LeaseEquipment, only during normal business hours, on not less than 24 hours prior written notice to Landlord. To the extent reasonably possible, Tenant shall restore designate in writing to Landlord all persons whom Tenant authorizes to have access to the roof for such purposes. Upon such designation and prior identification to Landlord's affected facilities building security personnel, such authorized persons shalx xx xxxnted access to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) the roof by Landlord's building engineer. Tenant shall bear be responsible for all expense coxxx xxx expenses incurred by Landlord in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any Tenant's access to the antennaroof pursuant to this Paragraph. Landlord or Xxxxxxrd's agent may accompany Tenant during such access.
(h) Tenant shall indemnify, defend, protect and hold harmless Landlord harmless from and against liabilityany and all claims related to the Equipment or operation of the same as if the Equipment were located wholly within the Premises. Prior to installation of any Equipment, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Tenant shall provide evidence satisfactory to Landlord directly caused by that Tenant's installationproperty and liability insurance policies required under this Lease include coverage for the Equipment and any claim, loss, damage, or liability relating to the Equipment.
(i) Landlord shall have no responsibility or liability whatsoever relating to (i) maintenance or repair of the Equipment, (ii) damage to the Equipment; (iii) damage to persons or property relating to the Equipment or the operation thereof; or (iv) interference with use and maintenance of the Equipment and Cablesarising out of utility interruption or any other cause, including without limitation, except for injury and death to persons, persons or damage to property caused solely by the active negligence or intentional misconduct of Landlord, its agents or any other parties related to Landlord. In no event shall Landlord be responsible for consequential damages. Upon installation of the Equipment, Tenant shall accept the area where the Equipment is located in its "as is" condition. Tenant acknowledges that the roof location of the Equipment is suitable for Tenant's needs, and interference with other tenants and licensee's rights who are sharing roof-top facilities at acknowledges that Landlord shall have no obligation whatsoever to improve, maintain or repair the Projectarea in which the Equipment will be installed.
e(j) Tenant shall maintain in force and effect during use the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection Equipment solely for Tenant's operations associated with the installationPermitted Use and within Tenant's Premises and shall not use or allow use of the Equipment, use for consideration or otherwise, for the benefit of other tenants in the Building or any other person or entity.
(k) Tenant shall, at Tenant's sole cost and maintenance expense, remove such portions of the Equipment and Cablesas Landlord may designate upon the expiration or earlier termination of this Lease, and restore the affected areas to their condition prior to installation of the Equipment. If Tenant fails to so remove the Equipment, Landlord reserves the right to do so, and the expense of the same shall supply be immediately due and payable from Tenant to LandlordLandlord as additional rent, upon Landlord's written requesttogether with interest and late charges as provided in this Lease, the appropriate certificates of such insuranceplus a reasonable administrative fee.
f(l) Tenant's rights hereunder are personal to Marvell Semiconductor, Inc., xx any Affiliate of Marvell Semiconductor, Inc. In no event shall Tenant's rights under this Section 30 be assignable, except in the event that Tenant and its contractors shall comply with all applicable laws, regulations and building codes assigns this Lease or subleases the Property to an Affiliate which is deemed a permitted subtenant or assignee in connection accordance with the installation, use and maintenance provisions of the Equipment and CablesSection 17(f) of this Lease.
Appears in 1 contract
Samples: Lease (Marvell Technology Group LTD)
Roof Rights. (a) Subject to the terms and conditions of Section 15.14 of this Lease, Tenant shall have the non-exclusive right (to be granted exercised by Tenant together with Landlord and all other tenants or occupants of the right Building or any portion thereof (if any) to install one (1) antenna in which Landlord may have on or before the Antenna Area Date of Lease or thereafter extend similar rights), at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed option but at Tenant's sole cost and expense expense, to install upon the roof of the Building antennas, satellite dishes and other communications equipment (collectively, the "Roof Equipment") as shall be ancillary to, and required by Tenant in good and work-manlike mannerconnection with, the operation of its business at the Premises. Tenant shall also have the right, from time to time, to enter upon the roof of the Building to maintain and retain whatever title make all necessary repairs, replacements and maintenance of the Roof Equipment.
(b) All of the rights granted by Landlord to Tenant pursuant to Section 15.14 of this Lease shall be subject to the Equipment as it has or claims following: (i) Landlord shall have the right, in its reasonable discretion, to have, exclusive of space in and structural portions approve all of the buildingsRoof Equipment proposed to be installed on the roof of the Building by Tenant, which belong the plans and specifications therefor, the location thereof, and all contractors proposed to be used by Tenant in connection therewith; (ii) At Landlord's sole option and at Tenant's sole cost and expense, Tenant shall be retained surround the Roof Equipment with a screening system reasonably acceptable to Landlord and/or protect the roof of the Building with a roof protection system required by Landlord. Landlord will cooperate ; (iii) The installation and operation of all Roof Equipment by Tenant shall comply, fully and in all respects, with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b(A) Landlord agrees that Tenant and/or its contractor may run cables Applicable Requirements; ("Cables"B) between the Antenna Area and Premises, only in locations specifically approved all rules or regulations implemented by Landlord in writing, which approval shall not be unreasonably delayed or withheldconnection with use of the roof of the Building; and (C) the terms and conditions of all manufacturer's warranties and guaranties pertaining to the roof of the Building.
(c) The At its sole option, Landlord shall have the right to employ an engineer or construction manager to supervise the installation of the Roof Equipment and Cables Tenant shall remain reimburse Landlord for the property fees and costs of any such engineer or construction manager not later than 30 days after written demand shall be made therefor by Landlord of Tenant. In connection with the installation of the Roof Equipment by Tenant, Tenant or its contractor during shall employ, at Tenant's sole cost and expense, a roofer approved in writing by Landlord for the Termmaking of any penetrations of the roof of the Building required in connection with such work. Tenant shallacknowledges and agrees that if for any reason whatsoever Tenant shall utilize a roofer other than one that is approved in writing by Landlord for the making of any penetrations of the roof of the Building in connection with the installation of any Roof Equipment, then and in such event, (i) Landlord shall have the right, at its sole option, and at the sole cost and expense of Tenant, to remove and repair any such penetrations of the roof of the Building made by Tenant, and Tenant shall reimburse Landlord for the cost thereof within fourteen (14) days30 days after being billed therefor by Landlord, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) a Default shall be deemed to have occurred pursuant to the expiration terms and conditions of this Lease. In connection with any entry upon the roof of the Lease. To Building by Tenant or any of the extent reasonably possibleagents, employees and contractors of Tenant pursuant to the terms and conditions of Section 15.14 of this Lease in order to install, operate, maintain, repair and/or replace any of the Roof Equipment, neither Tenant nor any of the agents, employees or contractors of Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or cause any damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation Building or take any access action, or fail to take any action, that shall result in a breach or invalidation of any manufacturer's warranty or guaranty in effect at such time with respect to the antennaroof of the Building. Furthermore, Tenant shall indemnify, defend, protect and hold harmless Landlord harmless from and against liabilityall losses, liabilities, claims, damages, costs and expensesand/or expenses (including, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to personsattorneys' fees) that Landlord may suffer or incur, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities or which may be asserted at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord any time against any liability, damages costs or expensesLandlord, in connection with any way relating to the installation, use and maintenance operation, maintenance, repair and/or replacement of the Roof Equipment by Tenant or any of the agents, employees and/or contractors of Tenant or any breach or invalidation of any roof warranty or guaranty in effect with respect to the roof of the Building caused thereby.
(d) All Roof Equipment installed by Tenant pursuant to the preceding provisions of Section 15.14 of this Lease shall be deemed to be alterations of the Premises made by Tenant that are governed by the terms and Cablesconditions of this Lease, as applicable, and shall supply Tenant shall, at Tenant's sole cost and expense, except if notified prior to Landlordthe Expiration Date by Landlord to the contrary, upon Landlord's written request, remove all such Roof Equipment from the appropriate certificates roof of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes the Building on or before the Expiration Date or the date of any sooner termination of the Term in connection accordance with the installation, use terms and maintenance conditions of this Lease and restore the roof of the Building to its condition as existing prior to the installation of all such Roof Equipment and Cablesby Tenant.
Appears in 1 contract
Samples: Lease Agreement (Carrollton Bancorp)
Roof Rights. (a) If, at any time during the Term, Tenant shall require roof space for the installation and operation of one or more communications antennae, microwave or satellite dishes, together with related equipment, mountings, and supports (collectively, “Telecommunications Equipment”), Landlord shall provide Tenant with such space on the roof of the Building as is reasonably necessary for the installation and operation of Tenant’s Telecommunications Equipment (but in no event shall the aggregate amount of such space exceed at any point in time twenty-five (25) square feet), subject to the terms of this Section 10.9. Accordingly, if Landlord shall provide such space to Tenant, Tenant shall pay Landlord, as Additional Rent within thirty (30) days after demand, an annual rate of two thousand five hundred dollars ($2,500) for the use of such space (such sum to be granted increased each year after the right to install one (1) antenna Commencement Date by the percentage increase in the Antenna Area at CPI, if any). Tenant acknowledges and agrees that any use of the roof space by Tenant for the installation and operation of Tenant's expense ’s Telecommunications Equipment shall be on a non-exclusive basis, except as to that portion of the roof space provided by Landlord to Tenant as aforesaid. Tenant may use the roof space solely for Tenant’s own use (and subject to appropriate governmental approval not for resale purposes). The height, diameter, design and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant satellite dishes or other telecommunications equipment shall be responsible subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed. In connection therewith, Landlord shall make available to Tenant access to the roof space for the construction, installation, maintenance and maintenance, repair, operation and liability use of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Tenant’s Telecommunications Equipment") as specifically described in documentation delivered by Tenant to Landlord . All work in connection with the initial approval process. All installation of Tenant's construction and installation work ’s Telecommunications Equipment, including core drilling, if required, shall be performed at Tenant's ’s sole cost and expense, including the 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. References in this Section 10.9 to the Telecommunications Equipment shall be deemed to include such riser and the electrical and telecommunication conduits therein.
(b) Tenant shall use and maintain Tenant’s Telecommunications Equipment so as not to cause any damage to or interference with (i) the operation of the New Tower Building or Building Systems or (ii) any Telecommunications Equipment installed on the roof space by licensees, occupants and other tenants in the New Tower Building. The installation of any Telecommunications Equipment by Tenant shall constitute a Non-Standard Alteration and shall be performed at Tenant’s sole cost and expense (including any costs and expenses in good connection with reinforcing the roof of the Building, if required) in accordance with and work-manlike mannersubject to the provisions of Article 4. All of the provisions of this Lease shall apply to the installation, use and maintenance of the Tenant’s Telecommunications Equipment, including all provisions relating to compliance with Legal Requirements (including all FCC rules and regulations), insurance, indemnity, repairs and maintenance. Tenant’s Telecommunications Equipment shall not be used or occupied by others (except for Tenant’s permitted assignees and subtenants pursuant to Article 14 hereof, for their own use solely in connection with their use of the Premises, so long as Tenant does not charge any fee or rent for the use of such roof space), and this license shall not be assignable, sublet or otherwise transferable by Tenant separately from this Lease. Tenant’s Telecommunications Equipment shall be treated for all purposes of this Lease as Tenant’s Property.
(c) If any of Tenant’s Telecommunications Equipment interferes with or disturbs Landlord’s use of the roof (including the use of the roof by Landlord or other tenants, licensees or occupants of the Building of their Telecommunications Equipment installed prior to the installation of Tenant’s Telecommunications Equipment (other than (A) any modification of or addition to any of Tenant’s Telecommunications Equipment that is made subsequent to the installation of such other Person’s Telecommunications Equipment or (B) equipment installed to provide communications services for the police department, the fire department or any other emergency responders)), or the operation of the Building or the Building Systems, then following demand by Landlord, Tenant shall have and retain whatever title and rights to the Equipment as it has promptly relocate all or claims to have, exclusive of space in and structural portions a portion of the buildings, which belong Telecommunications Equipment to and shall be retained another area on the roof designated by Landlord. Such relocation shall be at Tenant’s sole cost and expense. If Landlord shall determine, in its reasonable judgment, that any Tenant’s Telecommunications Equipment (i) will cooperate cause a health hazard or danger to property, (ii) will not be in accordance with applicable Legal Requirements, or (iii) interferes with or disturbs Landlord’s use of the roof, including the use by Landlord or other tenants or occupants of the Building of data transmission equipment thereon installed prior to the installation of Tenant’s Telecommunications Equipment, any wireless communications relating to life safety or security or of any law enforcement agency, or the operation of the Building or the Building Systems, then, if Tenant is unable to promptly cause such Telecommunications Equipment to comply with such Legal Requirements, xxxxx such health hazard, danger to property or interference, Tenant, at no its sole cost and expense, shall remove such Telecommunications Equipment from the roof of the Building and, Tenant may, at Tenant’s option, but subject to Landlord’s approval as provided in Section 10.9(a), regarding replace such Telecommunications Equipment with Telecommunications Equipment which complies with such Legal Requirements and/or does not cause such health hazard, danger to property or interference. Notwithstanding the foregoing, Landlord may at its option, at any time during the Term after reasonable prior notice to Tenant (except in the event of an emergency) require Tenant's access , using Landlord’s roofing contractor and any other contractors reasonably required by Landlord, to utilities relocate Tenant’s Telecommunications Equipment to another area on the roof designated by Landlord, at Landlord’s sole cost and expense; provided that such relocation of Tenant’s Telecommunications Equipment does not cause the connection transmission or reception of communication signals to be materially interrupted or impaired other than temporarily during the utilities to the process of relocating such Telecommunications Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c(d) The Equipment and Cables shall remain the property of Tenant or its contractor If during the Term. , Tenant shall cease to use any Tenant’s Telecommunications Equipment located on the roof of the Building for a period of time in excess of one hundred eighty (180) days, Tenant shall, at its sole cost and expense within fourteen (14) daysexpense, remove such Telecommunications Equipment from the roof of the Building within sixty (60) days after receipt of notice from Landlord to so remove such Telecommunications Equipment, and Tenant shall have no further rights under this Section 10.9 unless Tenant (i) notifies Landlord within such sixty (60) day period of its intention to reinstitute use of such Telecommunications Equipment or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreementreplace same, or (ii) takes significant steps to reinstitute use of such Telecommunications Equipment or replace same within ninety (90) days after delivery by Tenant of such notice, (iii) actually reinstitutes use of such Telecommunications Equipment or replaces same within one hundred eighty (180) days after delivery by Tenant of such notice and (iv) appropriate space is then available, in Landlord’s reasonable judgment, on the expiration roof for the use of such Telecommunications Equipment.
(e) Other than as set forth in this Section 10.9, Landlord shall not have any obligations with respect to Tenant’s Telecommunications Equipment or compliance with any Legal Requirements (including the obtaining of any required permits or licenses, or the maintenance thereof) relating thereto. Landlord makes no representation that Tenant’s Telecommunications Equipment will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the Leaseinstallation or use of similar equipment by others on the roof) and Tenant agrees that Landlord shall not be liable to Tenant therefor. To Landlord shall use commercially reasonable efforts to ensure that any Telecommunications Equipment installed after Tenant’s Telecommunications Equipment will not interfere with the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualtyoperation of Tenant’s Telecommunications Equipment.
d(f) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall (i) be solely responsible for all maintenance, repair and any damage caused to the Roof or roof membrane as a result of the installation or any access use of Tenant’s Telecommunications Equipment, (ii) subject to the antenna. Tenant shall indemnifyprovisions of Section 8.2 and this Section 10.9, defendpromptly pay any tax, protect and hold Landlord harmless from and against liabilitylicense, damages, costs and expenses, including reasonable attorneys' permit or other fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death charges imposed pursuant to persons, damage any Legal Requirements or insurance requirements relating to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, maintenance or use of such Telecommunications Equipment, (iii) promptly comply with all precautions and maintenance of the Equipment safeguards reasonably required by Landlord’s insurance company and Cablesall Governmental Authorities, and (iv) perform all necessary repairs or replacements to, or maintenance of, such Telecommunications Equipment, provided, however, that if Tenant’s failure to so repair, replace or maintain such Telecommunications Equipment jeopardizes the property of Landlord or any other tenant located on the roof or within the Building, Landlord may, at Landlord’s option and after ten (10) Business Days’ notice to Tenant (except in an emergency and except where Tenant has commenced to perform, and is diligently performing, such repair), elect to perform such repairs, replacements or maintenance at Tenant’s sole cost and expense. Landlord shall supply give Tenant reasonable prior notice of its election to perform such repairs, except in an emergency.
(g) Tenant acknowledges and agrees that the privileges granted Tenant under this Section 10.9 shall not, now or at any time after the installation of Tenant’s Telecommunications 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 10.9 shall automatically terminate and expire upon the expiration or earlier termination of this Lease (including renewals) and the termination of such license shall be self-operative and no further instrument shall be required to effect such termination. Notwithstanding the foregoing, upon request by Landlord, Tenant, at Tenant’s reasonable expense, shall promptly execute and deliver to Landlord, upon Landlord's written requestin recordable form, any certificate or other document reasonably required by Landlord confirming the appropriate certificates termination of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with Tenant’s right to use the installation, use and maintenance roof of the Equipment Building. Any dispute between Landlord and CablesTenant under this Section 10.9 shall be subject to arbitration pursuant to Article 34.
Appears in 1 contract
Samples: Lease Agreement (MSCI Inc.)
Roof Rights. 33.01 Tenant shall have the right, without the requirement of any additional payments hereunder, as appurtenant to the Premises, exclusively to use space on the roof of the Building for the purpose of installing (in accordance with Section 10), repairing, replacing, servicing, operating and maintaining dishes/antennae or other communication devices and replacements thereof (collectively, the “Dishes/Antennae”) approved by Landlord. In addition, Tenant shall have access to a conduit with a maximum size of 2 inches running through the existing telephone room on each floor from the 16th floor to the roof of the Building to accommodate the cable from Tenant’s server room to the Dishes/Antennae. The location of the space on the roof to be used by Tenant shall be granted the spaces shown on Exhibit C (the “Roof Space”) or if Exhibit C is blank, then in such location as is mutually agreeable to the parties. Landlord reserves the right to relocate the Roof Space as necessary during the Term so long as such relocations (a) do not materially disrupt Tenant’s operations or (b) are reasonably acceptable to Tenant. If Tenant requests additional space for Dishes/Antennae and Landlord approves the same, Tenant shall pay to Landlord the standard market rate being charged by Landlord from time to time therefor. Landlord’s designation shall take into account Tenant’s use of the Dishes/Antennae. Notwithstanding the foregoing, Tenant’s right to install one the Dishes/Antennae shall be subject to the approval rights of Landlord (1) antenna which approval may incorporate the approval of Landlord’s architect and/or engineer with respect to the plans and specifications of the Dishes/Antennae, the manner in which the Dishes/Antennae are attached to the roof of the Building and the manner in which any cables are run to and from the Dishes/Antennae. The Dishes/Antennae must be tagged with weatherproof labels showing manufacturer, model, frequency range, and name of Tenant. In addition, the cable between the Dishes/Antennae and Tenant’s suite must be tagged in the Antenna Area at telecom closet on each floor with a label showing Tenant's expense ’s name, phone number and subject suite number. The precise specifications and a general description of the Dishes/Antennae along with all documents Landlord reasonably requires to appropriate governmental approval and Landlord's reasonable approval. Prior to review the installation of the antenna, Tenant Dishes/Antennae (the “Plans and Specifications”) shall submit be submitted to Landlord all plans, specifications and drawingsfor Landlord’s written approval no later than twenty (20) days before Tenant commences to install the Dishes/Antennae. Tenant shall be solely responsible for obtaining the installationnecessary governmental and regulatory approvals and for the cost of installing, maintenance operating, maintaining and operation and liability removing the Dishes/Antennae. Tenant shall notify Landlord upon completion of the antenna.
ainstallation of the Dishes/Antennae. If Landlord determines that the Dishes/Antennae equipment does not comply with the approved Plans and Specifications or that the Building has been damaged during installation of the Dishes/Antennae or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant shall cure the defects within ten (10) Landlord agrees that during days after receipt of such notice. If the Term (as defined in Section 3 below)Tenant fails to so cure the defects, Tenant may shall pay to Landlord upon demand the reasonable cost, as determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its reasonable discretion, deems it necessary to comply with Law, Tenant shall provide and install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's ’s sole cost and expense and in good and work-manlike mannerexpense, appropriate aesthetic screening, as so necessary, for the Dishes/Antennae (the “Aesthetic Screening”). Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to haveWherever Landlord’s consent is required under this Section 33, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval such consent shall not be unreasonably withheld, conditioned or delayed or withheldfor more than 3 days.
c) The Equipment 33.02 Landlord agrees that Tenant, upon reasonable prior written notice to Landlord (except in the event of an emergency), shall have access to the roof of the Building and Cables the Roof Space for the purpose of installing, maintaining, repairing, removing, securing, testing, operating and replacing the Dishes/Antennae, the appurtenances and the Aesthetic Screening, if any, all of which shall remain the property of be performed by Tenant or Tenant’s authorized representative or contractors, which shall be approved by Landlord, at Tenant’s sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant, FCC (defined below) inspectors, or persons under their direct supervision will be permitted to have access to the roof of the Building and the Roof Space. Tenant further agrees to exercise firm control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits. Except in emergencies, Tenant shall provide Landlord with at least twenty-four (24) hours advance notice prior to accessing the roof of the Building and Roof Space, and Landlord’s representatives may accompany any party to the roof.
33.03 It is further understood and agreed that the installation, maintenance, operation and removal of the Dishes/Antennae, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its contractor during agents or representatives in the Termexercise of Tenant’s rights under this Section.
33.04 Tenant agrees to install only equipment of types and frequencies which will not cause interference to equipment of Landlord or tenants of the Building. In the event Tenant’s equipment causes such interference, Tenant will change the frequency on which it transmits and/or receives and take any other steps necessary to eliminate the interference. If said interference cannot be eliminated within a reasonable period of time, in the judgment of Landlord, then Tenant agrees to cease operation of the Dishes/Antennae until said interference is eliminated. Landlord agrees to take all reasonable steps to prevent other tenants from subsequently installing equipment of types and frequencies which will cause interference to the Dishes/Antennae installed by Tenant.
33.05 Tenant shall, at its sole cost and expense within fourteen expense, and at its sole risk, install, operate and maintain the Dishes/Antennae in a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Occupational Safety and Health Administration (14“OSHA”), the Federal Communications Commission (the “FCC”), the Federal Aviation Administration (“FAA”) daysor any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, remove and of the commonwealth, city and county in which the Building is located. Under this Lease, Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant’s equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dishes/Antennae shall be connected to Landlord’s power supply in strict compliance with all applicable building, electrical, fire and safety codes. Except as set forth in this Lease, neither Landlord nor its agents shall be liable to Tenant for any stoppages or have removed such Equipment and Cables upon shortages of electrical power furnished to the earlier Dishes/Antennae or the Roof Space because of (1) any act, omission or requirement of the expiration or termination of this Agreementpublic utility serving the Building, or (ii) the expiration act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant’s representatives, repair, maintenance and engineering personnel while in or on any part of the Lease. To Building or the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualtyRoof Space.
d) Tenant 33.06 The Dishes/Antennae, the appurtenances and the Aesthetic Screening, if any, shall bear all expense in connection with remain the installation, use and maintenance personal property of such Equipment and CablesTenant, and shall be solely removed by Tenant at its own expense at the expiration or earlier termination of this Lease or Tenant’s right to possession hereunder. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant’s Dishes/Antennae, appurtenances and Aesthetic Screening, if any, placed on or about the roof or in any other part of the Building in proper operating condition and maintain the same in satisfactory condition as to appearance and safety as Landlord reasonably requires. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees that at all times during the term of this Lease, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant’s agents, employees or contractors.
33.07 In light of the specialized nature of the Dishes/Antennae, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dishes/Antennae, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant’s option, to perform such work in conjunction with Tenant’s contractor. In the event the Landlord contemplates roof repairs that could affect Tenant’s Dishes/Antennae, or which may result in an interruption of the Tenant’s telecommunication service, Landlord shall formally notify Tenant at least 60 days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order to allow Tenant to make other arrangements for such service. Landlord may relocate the Dishes/Antennae to make emergency roof repairs without notice to Tenant in which event Landlord shall be responsible for all maintenancethe cost of relocating the Dishes/Antennae unless the need to make such emergency roof repairs is a result of the acts or omissions of Tenant, repair its contractors, or any Tenant Related Parties, in which event Tenant shall be responsible for the cost of relocating the Dishes/Antennae.
33.08 Tenant shall have the right to contract with any provider of telecommunication, video, data, cable or related services (“Communication Services”) so long as such provider agrees in writing to comply with the terms of this Section 33. No access fees shall be paid nor shall any provider charge fees or derive income from any party other than Tenant without the express written agreement of Landlord. Tenant shall not allow its provider to locate any equipment on the roof of the Building other than in the Roof Space, nor may Tenant allow its provider to use the Roof Space and/or Dishes/Antennae to provide Communication Services to an unaffiliated tenant, occupant or licensee (which shall not include a permitted assignee or sublessee of the Premises) or another building, or to facilitate the provision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, occupant or licensee of the Building or any other building, unless Tenant’s service provider agrees to enter into a license agreement acceptable to Landlord to service other portions of the Building.
33.09 Landlord and damage caused Tenant specifically acknowledge and agree that the terms and conditions of Section 15 (Tenant’s Insurance) and Section 16 (Subrogation) shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or roof membrane utilized by Tenant, its representatives, agents, employees or contractors.
33.10 Upon termination of this Lease for an Event of Default, Landlord shall be permitted to remove the Dishes/Antennae, the appurtenances and the Aesthetic Screening, if any, and restore the Building and the Roof Space to the condition that existed prior to the installation of the Dishes/Antennae, the appurtenances and the Aesthetic Screening, if any. If, pursuant to this Section, Landlord removes the Dishes/Antennae, the appurtenances and the Aesthetic Screening, if any, as a result of such a termination, Tenant shall be liable for all reasonable costs and expenses Landlord incurs in removing the installation or Dishes/Antennae, the appurtenances and the Aesthetic Screening, if any, and repairing any access damage to the antenna. Tenant shall indemnifyBuilding, defend, protect the roof of the Building and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly the Roof Space caused by Tenant's the installation, use and operation or maintenance of the Equipment and CablesDishes/Antennae, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cablesappurtenances, and shall supply to Landlordthe Aesthetic Screening, upon Landlord's written request, the appropriate certificates of such insuranceif any.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Office Lease Agreement (Investment Technology Group Inc)
Roof Rights. (a) Subject to applicable governmental approvals and the Rules and Regulations set forth in Exhibit J, copies of which Tenant shall be granted deliver to Landlord prior to the commencement of any installation or work thereon, Tenant shall have the right to install one (1) antenna use portions of the roof of the Building in proportion to the Antenna Area at amount of the Building leased by Tenant, in a location and area thereon as reasonably determined by Landlord, to house antennae, satellite dishes or other equipment benefiting the Tenant's expense use thereof. Such roof rights and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant access shall be responsible for the rent-free but costs of installation, maintenance screening, removal and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work coordination shall be performed at Tenant's sole cost and expense but upon prior written notification to Landlord. In the event Tenant's rooftop installation relies upon line-of-sight technology, Landlord shall not permit the post completion roof installation of structures that at the time of installation will interfere with the signals to and in good and work-manlike mannerfrom the equipment. Landlord shall not allow the post completion roof installation of equipment that will interfere with the then existing radio frequency at which such equipment operates. Tenant shall have and retain whatever title and rights the right to use or construct conduit or shafts from the roof to the Equipment as it has or claims Premises in order to have, exclusive of space in connect Tenant's roof equipment to Tenant's interior equipment and structural portions of to provide electrical power to the buildings, which belong to and shall be retained by Landlordroof equipment. Landlord will cooperate with Tenant, at no cost agrees not to Landlord, regarding require relocation of Tenant's access to utilities antennae except at Landlord's cost and provided that no interruption of service occurs during such move; this sentence shall not apply if the connection of the utilities to the Equipmentrelocation or removal is required by applicable governmental authority.
(b) Landlord agrees that grants Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of a non-exclusive license (1) to use the expiration roof for the purpose described, and (2) to make reasonable use of the pathways, shafts, risers, raceways, conduits; available telephone closets, interior telecommunications wiring and cabling, service areas and utility connections and entries into and through the Building owned or termination under the control of this AgreementLandlord (the "Pathways") to connect the rooftop antennae to equipment within the Premises, to the premises of other occupants of the Building (with such other occupant's consent), or to the fiber optic backbone in the city street or other existing location, and (ii3) to install interior equipment in close proximity to the expiration Building's inside wiring and cabling for the purpose of connecting Tenant's equipment to such Main Distribution Frame for purposes of serving occupants of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and CablesBuilding, and (4) to install, operate, maintain, repair, relocate, upgrade and replace the rooftop antennae and associated cable, wiring and equipment. Tenant's communications equipment and the manner of installation thereof shall be solely responsible for all maintenance, repair and damage caused subject to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.the
Appears in 1 contract
Samples: Standard Office Lease Agreement (Net2000 Communications Inc)
Roof Rights. Tenant shall be granted the right 29.2.1 Subject to install one (1i) antenna in the Antenna Area at Tenant's expense compliance with all rules, regulations, statutes and codes of any governmental authority having jurisdiction thereover, (ii) compliance with any covenants, conditions and restrictions applicable to Dulles Business Park and (iii) subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antennaprior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant shall submit have the right of access to and the non-exclusive use of the roof of the Buildings for the installation of a single rooftop satellite communication device (Tenant's "Roof Use"); provided further that such installation and the Roof Use shall not void any roof or other warranty applicable to the Building and that all such installations shall be located and screened in a manner mutually acceptable to both Landlord and Tenant in their reasonable discretion.
29.2.2 If the rate of any insurance carried by Landlord is increased as a result of Tenant's Roof Use, then Tenant will pay to Landlord within thirty (30) days after Landlord delivers to Tenant a certified statement from Landlord's insurance carrier stating that the rate increase was caused by Tenant's Roof Use, a sum equal to the difference between the original premium and the increased premium resulting from the Roof Use.
29.2.3 Landlord has not made any representations or promises pertaining to the suitability of the Building's rooftop for the Roof Use. Tenant, for the purpose of this paragraph and its right to rooftop access hereunder, accepts the rooftop in its "as is" condition. The foregoing notwithstanding, Landlord agrees to cooperate with Tenant during the design phase of the Building (if and to the extent practicable) to design and engineer an area of the roof to be constructed within which Tenant's Roof Use may be conducted and which will be suitable for such purpose, provided Tenant provides appropriate specifications to Landlord during such design process to enable Landlord to cause the design to accommodate such use.
29.2.4 Tenant will obtain prior to installation, any and all plansnecessary licenses, specifications and drawings. Tenant shall be responsible approvals, permits, etc., necessary for the installation, maintenance and operation and liability use of the antenna.
a) Landlord agrees that during the Term (as defined in any equipment installed pursuant to this Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process29.2. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval Roof Use shall not in any way conflict with any applicable law, statute, ordinance or governmental rules or regulation now in force or which may hereafter be unreasonably delayed or withheld.
c) enacted. The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shallwill, at its sole cost and expense within fourteen (14) daysexpense, remove promptly comply or have removed such Equipment and Cables upon ensure that the earlier of (1) the expiration Building complies with all laws, statutes, ordinances, governmental rules or termination of this Agreementregulations, or (ii) the expiration requirements of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to any board of fire insurance underwriters or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused similar bodies now or hereafter constituted relating to the or affecting Tenant's Roof or roof membrane as a result of the installation or any access to the antennaUse. Tenant shall indemnify, defend, protect indemnify and hold Landlord harmless from and against liabilityany and all loss, damages, costs and expenses, cost (including reasonable attorneys' attorney's fees incurred in defending Landlord), damage or suffered by Landlord directly caused by liability arising out of any violations of said laws, statutes, ordinances rule or regulations.
29.2.5 Tenant's installation, use and maintenance Roof Use shall be exercised:
(1) in such manner as will not create any hazardous condition or interfere with or impair the operation of the Equipment and Cablesheating, including without limitationventilation, injury and death to personsair conditioning, damage to property and interference with plumbing, electrical, fire protection, life safety, public utilities or other tenants and licensee's rights who are sharing roof-top systems or facilities at in the Project.
eBuildings; (2) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply compliance with all applicable laws, regulations codes and building codes regulations; (3) in connection with such a manner as will not directly or indirectly interfere with, delay, restrict or impose any expense, work or obligation upon Landlord in the use or operation of the Buildings; (4) at Tenant's cost, including the cost of repairing all damage to the Buildings and any personal injury and/or property damage attributable to the installation, use inspection, adjustment, maintenance, removal or replacement of any equipment or apparatus on the roofs approved hereunder; and maintenance (5) in a manner which will not void or invalidate any roof warranty then in effect with respect to the roof of the Equipment Building. Tenant's Roof Use shall be used solely in the ordinary course of Tenant's business operations, and Cablesany use of the roof outside of the ordinary course of Tenant's business operations (such as, but not limited to, subleasing portions of the roof for profit to third parties, in order for such third parties to establish communications transmission facilities) shall be subject to Landlord's consent, which consent shall not be unreasonably withheld, but may be conditioned, inter alia, upon the payment by Tenant to Landlord of one-half of any net revenues paid to Tenant in respect thereof.
Appears in 1 contract
Roof Rights. Tenant shall be granted Subject to the right to install one (1) antenna in the Antenna Area at Tenant's expense approval of all applicable governmental authorities and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antennaagencies, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), to permit Tenant may to install, use and have maintained operate one or more satellite antennas or dishes on the rooftop of the Building. Landlord shall make available to Tenant, for Tenant’s use such space on the roof of the Building as Tenant shall from time to time require for no rent or other charge whatsoever therefor. Tenant’s use of the roof of the Building shall be on a non-exclusive basis. In connection with Tenant’s use of the roof of the Building, Landlord shall make available to Tenant access to the roof for the construction, installation, maintenance, repair, operation and use of such antenna equipment, as well as reasonable space in the Antenna AreaBuilding to run electrical and telecommunications conduit from such equipment to the Premises. Tenant shall furnish to Landlord copies of its plans and specifications for such equipment, prior to the commencement of any construction and/or installation thereof, and any such construction shall be Alterations subject to the terms and conditions of Article 8. Such plans and specifications shall include details on the means of attaching such equipment ("Equipment") as specifically described in documentation delivered to the roof of the Building, shall be prepared by qualified and licensed engineers and show all other structural, aesthetic, mechanical and electrical details related to such equipment and the installation thereof. Landlord shall allow Tenant to Landlord run conduit or cabling from the Premises to the antenna or satellite in connection accordance with the initial approval processLandlord approved plans. All Further, to the extent that any such antenna or dish may be visible at street level, at Landlord’s request, such plans shall provide for the screening of Tenant's construction such equipment, if necessary, with material compatible with the exterior of the Building and installation reasonably acceptable to Landlord. Any and all roof or wall penetrations must be specifically approved in writing by Landlord, and such work shall must be performed at Tenant's sole cost and expense and so as to avoid any possibility of voiding or affecting any roof warranties in good and work-manlike mannerfavor of Landlord. Tenant shall have the responsibility to secure all necessary approvals from state, federal and retain whatever title other governmental authorities to construct, operate and rights maintain such equipment and all structural, electrical or other mechanical changes to the Equipment as it has or claims to haveBuilding. All such equipment shall be constructed and maintained by Tenant in accordance with all applicable laws, exclusive ordinances, rules and regulations and in compliance with the requirements of space in and structural portions any insurers of the buildings, which belong to Building and shall be retained by Landlord. in accordance with reasonable rules and regulations of Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities relating to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antennaroof. Tenant shall indemnify, defend, protect indemnify and hold Landlord harmless from and against liabilityall loss, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to personsclaim, damage and expense arising out of Tenant’s failure to property comply with this Section (including, but not limited to, any damage to the roof as a result of such construction, maintenance, or operation of such equipment), subject always to the mutual release and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, waiver of subrogation provisions of this Lease. All work in connection with such equipment shall be done by Tenant as an Alteration under the Lease. Tenant shall give Landlord any notice that Tenant receives from third parties that any of the equipment is or may be in violation of any law, ordinance or regulation. Tenant shall pay all taxes of any kind or nature whatsoever levied upon said equipment and all licensing fees, franchise taxes and other charges and expenses and all other costs of any nature whatsoever related to the construction, ownership, maintenance and operation of said equipment. All power or other utilities required for such equipment shall be provided by Landlord at Tenant’s sole cost and expense, provided same are separately metered. Upon the termination or expiration of this Lease, Tenant shall remove all of such equipment within fifteen (15) days following such termination or expiration (without the same constituting a holdover occupancy), and Landlord shall allow Tenant reasonable access to the Building to accomplish such removal. Tenant shall fully repair and restore any damage to the Building occasioned thereby, including, but not limited to any damage or penetrations to the roof occasioned by such removal, at Tenant’s sole cost and expense. Nothing herein shall prevent Landlord from allowing other tenants in the Building or third parties providing communications services to other tenants in the Building from using the roof and other areas of the Building for the development, installation, and operation of similar equipment or facilities, provided such facilities do not materially interfere with the operation of Tenant’s equipment pursuant to the rights granted hereunder. Landlord agrees that it shall not permit third parties to use the roof and maintenance other areas of the Equipment Building for the installation and Cablesoperation of similar equipment or facilities if such third parties do not use such equipment to provide services to tenants in the Building, and shall supply without the prior consent of Tenant to Landlord, upon Landlord's written request, the appropriate certificates of any such insurancethird party usage.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Office Lease Agreement (Royal Caribbean Cruises LTD)
Roof Rights. Landlord shall make available to Tenant, at no charge, an area on the roof of the Building sufficient to accommodate communications equipment located on the roof as of the Execution Date, together with such other communications equipment as may be approved in writing by Landlord as hereinafter provided, but only so long as the diameter of any satellite dish is not larger than 36 inches (the “Equipment”) and the HVAC system located on the roof as of the Execution Date and will permit Tenant to install cables between the roof and the Premises in locations and through conduits and pathways in the Building and, except for temporary periods of time during which Landlord may be repairing or maintaining the roof, to have 24 hours a day, 7 days a week access to the roof and such Equipment to permit its installation, use, operation, maintenance, and repair by Tenant. Tenant will provide Landlord with physical specifications and the manner of installation of such Equipment prior to installation, which Equipment and the installation thereof shall be granted the right to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental Landlord’s approval, such approval not to be unreasonably withheld, conditioned or delayed, and Landlord's reasonable approval. Prior to installation that of the antennajurisdiction governing the Building and the Property. Notwithstanding anything to the contrary contained herein, Landlord will reasonably designate where the Equipment will be located on the roof or site and Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall will be responsible for all costs associated with the installation, maintenance and operation and liability removal of the antenna.
a) Landlord Equipment on the Expiration Date or earlier termination of the Lease. Tenant also agrees that during to comply with all reasonable requirements of Landlord’s roofing consultant in connection with the Term (as defined in Section 3 below), Tenant may install, use installation of any Equipment and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered shall be responsible for any cost incurred by Tenant to Landlord in connection with reviewing and/or supervising the initial approval process. All installation of Tenant's construction any Equipment and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights all costs associated with any damage to the roof or site area where the Equipment as it has is attached (unless such costs are caused (i) by third parties unaffiliated with or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained unauthorized by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shallemployees, at its sole cost and expense within fourteen (14) days, remove agents or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreementcontractors, or (ii) by the expiration gross negligence or willful misconduct of Landlord or its employees, agents or contractors). Tenant will indemnify Landlord in the event that any of the Lease. To the extent reasonably possibleTenant’s employees, Tenant shall restore Landlord's affected facilities to their original condition, including repainting agents or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense vendors are injured in connection with the installation, use and maintenance of such or accessing the Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to by entrance onto the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly Building (unless such injuries are caused by Tenant's installationthird parties unaffiliated with or unauthorized by Tenant or by the gross negligence or willful misconduct of Landlord or its employees, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Projectagents or contractors).
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. (a) Tenant is hereby granted, subject to Article 5 hereof and the provisions of this Section 22.21 and such other requirements as shall be imposed by Landlord, the right to install, secure, maintain, replace and operate on the roof (the "Roof") of the Building in an area reasonably designated by Landlord and reasonably acceptable to Tenant (the "Roof Space"), a satellite dish (the "Antenna"), The dimensions of the Antenna shall be subject to Landlord's approval. In addition, also subject to Article 5 and the provisions of this Section 22.21, Tenant shall be granted have the right to install one (1) antenna in cables leading from the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed Premises at Tenant's sole cost and expense and in good a location, manner, material and work-manlike mannersize as shall be approved by Landlord.
(b) Tenant shall diligently service, repair, paint and maintain the Antenna, including, without limitation, all electrical wires, guide wires and conduits related thereto.
(c) No signs, whether temporary or permanent, shall be affixed, installed or attached to the Antenna or the Roof other than those required by applicable law. All signs required, if any, and the location thereof, shall be first approved in writing Landlord.
(d) In the performance of any installation, alteration, repair, maintenance, removal and/or any other work with respect to the Roof Space or the Antenna, Tenant shall comply with all of the applicable provisions Lease and the provisions of this Section 22.21 shall be applicable to the Roof Space as if the Roof Space was part of the Leased Premises.
(f) Have its representative(s) accompany Tenant whenever It services or maintains the Antenna: At all other times, Landlord may keep the entrances to the Roof Space locked. Tenant shall not have any tools and/or materials stored in The Roof Space, and retain whatever title Tenant's employees and rights independent contractors shall close and lock the entrance door to the Equipment as it has or claims to have, exclusive of space in and structural portions Roof when leaving the same. If Tenant shall require access any of the buildingsRoof Space, which belong at times other than those specified in the first sentence of this Section (f), then except in the case of an emergency, Tenant shall give Landlord at least two full business days prior written notice of such requirement and shall pay all reasonable costs Incurred by Landlord in connection therewith, including, without limitation, any compensation paid to Building employees or any independent contractors of Landlord.
(g) On or before the termination of this Lease, Tenant shall remove the Antenna and any and all appurtenant cables, wires, and other equipment and repair and restore the Roof and any other damage caused to the Building. Such repair and restoration work shall proceed with due diligence and dispatch and shall be retained completed prior to the Expiration Date. Any holes, damage or Injury in or to the Roof and/or Building arising out of or connected to the removal of the Antenna and any or all appurtenant cables, wires, and other equipment shall be promptly and duly repaired and restored by Tenant at Tenant's sole cost and expense.
(h) Throughout the duration of this Lease, Tenant shall inspect the Antenna at least once a month. Tenant shall be solely responsible for preserving the water tight integrity of the Roof as may be caused by, or relates to, the installation, maintenance, operation and repair of the Antenna. Tenant shall be responsible for all leaks in the Roof arising out of or connected to the Antenna installation. Tenant's Antenna shall not exceed the applicable load-bearing capacity of the Roof Space.
(i) If, at any time during the Term, Landlord, in its judgment, shall determine that It is necessary to move the Antenna to another area of the Roof Space, then Landlord may give notice thereof to Tenant (which notice shall have annexed thereto a plan on which such other area of the Roof Space (the "Substitute Space") shall be substantially identified by hatching or otherwise). The Substitute Space with respect to the Antenna shall not be located in an area of the Roof in which the Antenna's reception would differ in a materially adverse way from the Antenna's reception in the initial Roof Space. Within 30 days of receipt of Landlord's notice (or, if a governmental permit is required to be obtained for installation of the Antenna on the Substitute Space, then, within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's reasonable cooperation), Landlord, at its sole cost shall move the Antenna to the Substitute Space which shall then become the Roof Space hereunder and the original Roof Space shall be deleted from the coverage of this Lease.
(j) Tenant's operation or use of the Antenna shall not prevent or interfere with the operation or use of any equipment of (I) any present or future tenant or occupant of the Building whose equipment was installed prior to the installation of the Antenna, or (ii) Landlord, If, at any time during the term hereof, Landlord will cooperate shall reasonably determine that the Antenna causes Interference with equipment of any such present or future tenant or occupant or of Landlord, then Landlord may so notify Tenant, and Landlord may require Tenant to replace the Antenna with another antenna which would not cause such interference (the "Replacement"), Tenant, within 30 days of receipt of such notice or, If a government permit is required to install the Replacement, then within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's cooperation but at no cost to Landlord), regarding Tenant's access shall replace the Antenna with the new non-interfering Replacement which shall then be deemed to utilities and be the connection Antenna hereunder,
(k) Tenant agrees that Landlord has made no warranties or representations as to the condition or suitability of the utilities Roof Space or the Building (or the electricity available to the Equipment
bRoof Space) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with for the installation, use and use, maintenance or operation of such Equipment and Cablesthe Antenna, and shall Tenant agrees to accept same in its "as is" condition and without any work or alterations to be solely responsible for all maintenancemade by Landlord. In Witness Whereof, repair and damage caused to the Roof or roof membrane this Lease was executed as a result of the installation or any access Effective Date" as specified hereinabove. WITNESSES: TENANT: /s/ ------------------------------------- /s/ EDIX Corporation ------------------------------------- a Delaware corporation By: /s/ ------------------------------------ Name: ---------------------------------- Its: ----------------------------------- WITNESSES: LANDLORD: /s/ ------------------------------------- FRANKLIN XXXXXXXXX INVESTOR SERVICES, /s/ LLC, a Delaware limited liability ------------------------------------- company By: /s/ ------------------------------------ Name: Basil ________ ---------------------------------- Its: President ----------------------------------- Date of Execution: October 10, 2001 CONTINUING AND UNCONDITIONAL GUARANTY OF LEASE THIS GUARANTY is made and to be effective as of October 8th, 2001, by the antenna. Tenant shall indemnifyundersigned, defend, protect IDX SYSTEMS CORPORATION ("Guarantor") and hold Landlord harmless from is annexed to and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance made a part of the Equipment Lease dated October ____, 2001 (the "Lease"), between FRANKLIN XXXXXXXXX INVESTOR SERVICES, LLC ("Landlord") and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the ProjectEDIX CORPORATION ("Tenant").
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. Tenant At any time during the Full Sublease Term, subject to Applicable Laws Sublessee may install, at Sublessee’s sole cost and expense, telecommunications antennas, microwave dishes and other communications equipment (“Telecommunications Equipment”) upon the roof of the Subleased Premises. The physical appearance of the Telecommunications Equipment shall be granted the right to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's Sublessor’s reasonable approval. Prior Such approval shall be deemed to installation have been granted unless prior to the expiration of the antennaten (10) day period immediately following Sublessor’s receipt of the request for approval, Tenant together with plans depicting the location of same, Sublessor fails to deliver to Sublessee written notice of its disapproval of same and provide reasons for such disapproval. The designated location shall submit provide for the proper functioning of Sublessee’s Telecommunications Equipment. At the time of the request for approval, Sublessor may require Sublessee to Landlord all plansinstall screening around such Telecommunications Equipment, specifications at Sublessee’s sole cost and drawingsexpense, as reasonably designated by Sublessor. Tenant Sublessee shall be responsible for securing the installationapproval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Telecommunications Equipment, maintenance and operation shall provide copies of such approvals and liability permits to Sublessor. Sublessee shall maintain such Telecommunications Equipment, at Sublessee’s sole cost and expense. In addition, Sublessee shall, at Sublessee’s sole cost and expense, prior to the expiration or earlier termination of this Sublease, remove any Telecommunications Equipment and restore the antenna.
a) Landlord agrees affected area to the condition existing prior to Sublessee’s installation thereof, reasonable wear and tear and damage from casualty and condemnation, excepted. Sublessor acknowledges that during the Term (as defined in Section 3 below), Tenant Sublessee may install, use be storing classified or confidential materials and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord information in connection with its business operations from the initial approval processSubleased Premises. All Accordingly, from and after delivery of Tenant's construction possession to Sublessee, neither Sublessor, Sublessor, or other occupant of the Subject Building, nor any of their respective agents, employees or contractors shall go onto the roof without providing Sublessee at least five (5) business days’ prior written notice of the specific date and installation work time of such intended entry, which entry shall at all times be performed at Tenant's sole cost accompanied by a representative of Sublessee; provided, however, that Sublessee may also elect to reschedule such inspection upon notice to Sublessor. In addition, neither Prime Lessor, Sublessor, their respective agents and expense and in good and work-manlike manner. Tenant employees, nor any other person shall have and retain whatever title and rights install any equipment or make other alterations to the Equipment as it has or claims roof without the prior written notice to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writingSublessee, which approval shall not be unreasonably delayed or withheld.
c) The Equipment withheld if such installation and Cables shall remain use will not interfere with the property proper operation of Tenant or its contractor during Sublessee’s equipment on the Termroof and Sublessee’s security considerations. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in In connection with providing such consent, Sublessee shall have the installationright to review and approve any such equipment or alterations desired to be installed or made to the roof (including make and manufacturer), use and maintenance of designate or approve the contractor or installer performing such Equipment and Cableswork, and shall be solely responsible for all maintenance, repair and damage caused to have a representative of Sublessee accompany such contractor or installer at any time such work on the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Projectis being performed.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Sublease Agreement (Cymer Inc)
Roof Rights. (a) The provisions of this Article 12 shall not apply with respect to any approval by Landlord required in connection with work relating to the Roof Equipment installed by Tenant in connection with Tenant’s Work to the extent Landlord’s approval has already been obtained in connection with such Tenant’s Work, but rather shall only apply with respect to the subsequent use and maintenance thereof. Subject to the requirements of this Section 12.01, Tenant may install, maintain and operate, at Tenant’s sole cost and expense, satellite dishes, antennas and other telecommunications equipment and infrastructure (collectively, the “Roof Equipment”) in the area of the roof of the Building shown on the plan attached hereto as Exhibit O, subject to relocation as provided in this Article 12 or as agreed by the parties. Tenant shall have the right, at Tenant’s sole cost and expense, to run a cable from each area in which the Roof Equipment is located into the Premises through conduit space shown on Exhibit L attached hereto. Upon request by Tenant, Landlord shall provide additional shaft space for Tenant’s connection of the Roof Equipment to the Premises or other equipment of Tenant if, at the time of such request, in Landlord’s reasonable judgment, such additional shaft space is available for Tenant’s use, taking into account the then existing and future needs of other then existing and future occupants and other needs of the Building. The size of the Roof Equipment, and the location thereof on the structure provided therefor on the roof of the Building, shall be subject to Landlord’s approval, not to be unreasonably withheld, delayed or conditioned; provided that Tenant shall be granted the right entitled to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible use for the installation, maintenance and operation and liability of the antenna.
aRoof Equipment such portion of the area shown on Exhibit O as is proportionate to Tenant’s leasing of space in the Building relative to the total amount of space in the Building, on a rentable square foot basis. Tenant acknowledges that (i) Landlord agrees that during Tenant’s use of the Term (as defined in Section 3 below), Tenant may install, roof of the Building is a non-exclusive use and have maintained in Landlord may permit any person or entity to use any other portion of the Antenna Area, equipment roof of the Building for any use; ("Equipment"ii) as specifically described in documentation delivered by Tenant the installation of the Roof Equipment shall be deemed to Landlord be an Alteration; (iii) if Landlord’s structural engineer recommends that there be structural reinforcement of the roof of the Building in connection with the initial approval process. All installation of Tenant's construction and the Roof Equipment, Tenant shall, prior to any installation work shall be performed of the Roof Equipment, perform the same at Tenant's ’s sole cost and expense in accordance with plans and specifications approved by Landlord; (iv) without limiting the other conditions set forth in good and work-manlike manner. Tenant this Section 12.01, such installation (including, without limitation, any structural reinforcements performed in connection therewith) shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space be performed in and structural portions compliance with all of the buildings, which belong provisions of Section 4.02 and the other provisions of this Lease applicable to and shall be retained by Landlord. Landlord will cooperate with Alterations; (v) Tenant, at no cost to LandlordTenant’s expense, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable lawsLaws including, regulations without limitation, any requirement to install screening surrounding such installations, and building codes in connection with the installation, use shall procure and maintenance of the Equipment and Cables.maintain all necessary
Appears in 1 contract
Samples: Lease (Coach Inc)
Roof Rights. 29.2.1 Subject to (i) compliance with all rules, regulations, statutes and codes of any governmental authority having jurisdiction thereover, (ii) compliance with any covenants, conditions and restrictions of record (or under applicable zoning and or community ordinances) applicable to the Building, and (iii) Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant shall be granted have the right of access to install one and the non-exclusive use of the roof of the Building, for the installation and operation of communication equipment, including without limitation, antennas, equipment cages or shelters and associated power supplies, generators and other equipment (1Tenant's "Roof Use") antenna without the obligation to pay rent or any other fee or expense (except for expenses for which Tenant is responsible under the express terms of this Section 29.2) to Landlord in respect of such Roof Use; provided further that such installation and the Roof Use shall not void any roof or other warranty applicable to the Buildings and that all such installations shall be located and screened in a manner mutually acceptable to both Landlord and Tenant in their reasonable discretion.
29.2.2 If the rate of any insurance carried by Landlord is increased as a result of Tenant's Roof Use, then Tenant will pay to Landlord within thirty (30) days after Landlord delivers to Tenant a certified statement from Landlord's insurance carrier stating that the rate increase was caused by Tenant's Roof Use, a sum equal to the difference between the original premium and the increased premium resulting from the Roof Use. To the best of Landlord's knowledge, the installation of a standard satellite dish on the roof of any Building will not result in the Antenna Area at rate of any insurance carried by Landlord being increased.
29.2.3 Landlord has not made any representations or promises pertaining to the suitability of the Building's rooftops for the Roof Use. Tenant, for the purpose of this paragraph and its right to rooftop access hereunder, accepts the rooftop in its "as is" condition. The foregoing notwithstanding, Landlord agrees to cooperate with Tenant to designate an area of the roof within which Tenant's expense Roof Use may be conducted and which will be suitable for such purpose, provided Tenant provides appropriate specifications to Landlord and makes any and all modifications necessary to accommodate such Roof use (all of which shall be subject to appropriate governmental approval and Landlord's reasonable approval. Prior consent).
29.2.4 Tenant will obtain prior to installation of the antennaor operation, Tenant shall submit to Landlord as appropriate, any and all plansnecessary licenses, specifications and drawings. Tenant shall be responsible approvals, permits, etc., necessary for the installation, maintenance and operation and liability use of the antennaany equipment installed pursuant to this Section 29.2.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. Subject to all governmental laws, rules and regulations and compliance with the CC&R's, Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and access, without further payment of Rent to Landlord, to install, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication Equipment shall be granted governed by the following terms and conditions:
(i) Tenant's right to install one (1) antenna in install, replace, repair, remove, operate and maintain the Antenna Area at Tenant's expense and Communication Equipment shall be subject to appropriate all governmental approval laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease.
(ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's reasonable approvalprior written consent which shall not be unreasonably withheld or delayed. Prior In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to installation Landlord's prior written consent, which shall not be unreasonably withheld or delayed.
(iii) All costs of installation, operation and maintenance of the antennaCommunication Equipment and any necessary related equipment (including, Tenant without limitation, costs of obtaining any necessary permits and of connections to the Building's electrical system) shall submit be borne by Tenant. All such Communication Equipment shall be screened to Landlord all plans, specifications commercially reasonable standards and drawingsto prevent visual impairment. Tenant shall be responsible for the installationreplacement, maintenance repair and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below)maintenance, Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and expense, of those areas on the roof of the Building surrounding Tenant's Communication Equipment to the extent any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in good and work-manlike manner. this Lease.
(iv) Tenant shall have and retain whatever title and rights endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities.
(v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment as it has will be able to receive or claims transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to haveTenant therefor.
(vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, exclusive or utilized by, any other person or entity with the exception of space in and structural portions any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the buildingsBuilding or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]
c(vii) The Equipment and Cables Tenant shall remain (i) be solely responsible for any damage caused as a result of the property of Tenant or its contractor during the Term. Tenant shallCommunication Equipment, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possiblepromptly pay any tax, Tenant shall restore Landlord's affected facilities license or permit fees charged pursuant to their original condition, including repainting any laws or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense regulations in connection with the installation, maintenance or use of the Communication 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 such the Communication Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of repairs required by the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Communication Equipment.
(viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licenseerelated equipment at Tenant's rights who are sharing roof-top facilities at sole expense upon the Project.
e) Tenant shall maintain in force and effect during expiration or sooner termination of this Lease or upon the Term, comprehensive liability insurance protecting Landlord against imposition of any liability, damages costs governmental law or expenses, in connection with the installation, use and maintenance of the Equipment and Cablesregulation which may require removal, and shall supply repair the Building upon such removal to Landlordthe extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, upon LandlordLandlord may do so at Tenant's written request, expense. Landlord reserves the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, right to use and maintenance a portion of the Equipment and Cablesroof space on the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22.
Appears in 1 contract
Samples: Office Lease (Peregrine Systems Inc)
Roof Rights. Tenant shall be granted the right to install one (1) antenna in the Antenna Area at Tenant's expense and 33.01. Landlord agrees that, subject to appropriate all laws, ordinances, statutes, rules and regulations of all governmental approval authorities having jurisdiction thereof, and if and to the extent that Landlord's reasonable approval. Prior entitlement to installation the tax credits described in Article 41 hereof for which Landlord has applied as of the antennadate of this Lease,(herein called the "Historic Tax Credits") would not be reduced or otherwise adversely affected thereby (subject, Tenant shall submit however, to Landlord all plansthe provisions of Section 41.02 hereof), specifications and drawings. Tenant shall be responsible for further subject to the installationterms, maintenance conditions and operation and liability of the antenna.
a) Landlord agrees that limitations as are hereinafter set forth, during the Term (as defined in Section 3 below)term of this Lease, Tenant may installTenant, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense expense, may install on the rooftop (including, without limitation, any setbacks) of the Building (herein called the "Antenna Areas") and thereafter maintain, repair and operate one or more communications apparatus (herein called the "Antennas"), provided and on condition that: 116
(i) the required support structures and the method of attaching same to the Building, as well as any penetrations of the roof or facade of the Building required in good connection with the installation of any Antennas, related equipment or Wiring (as such term is defined in this Section 33.01), shall be subject to Landlord's prior consent, such consent not to be unreasonably Withheld or delayed. Copies of plans and work-manlike mannerspecifications for all Antennas, related equipment and Wiring shall be delivered to Landlord prior to commencement of installation thereof;
(ii) the installation and position of such Antennas and reasonably required support structures shall comply with Legal Requirements;
(iii) the installation of any electrical or communications lines (herein called "Wiring") and related equipment in connection with the installation and operation of the Antennas, as well as the manner and location (i.e., routing) of all Wiring and related equipment in connection therewith shall (a) be at Tenant's sole cost and expense, and (b) comply with Legal Requirements; and
(iv) the Antennas, reasonably required support structures, Wiring and related equipment shall be maintained and kept in repair by Tenant, at Tenant's sole cost and expense.
33.02. For the purpose of installing, servicing or repairing the Antennas and related equipment, Tenant shall have and retain whatever title and rights access to the Equipment as it has or claims to have, exclusive of space in and structural portions rooftop of the buildings, which belong Building. All access by Tenant to and the roof of the Building shall be retained by subject to Landlord's reasonable safeguards for the security and protection of the Building and such Building equipment and installations as maybe located on the roof of the Building. Landlord will cooperate with Tenant, at no cost shall have the right to Landlord, regarding assign a representative of Landlord or the Manager to be present during the duration of Tenant's access to utilities the rooftop and Tenant shall pay any charge therefor under the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only Management Agreement in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheldaccordance with Article 15 hereof.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term33.03. Tenant shallTenant, at its Tenant's sole cost and expense within fourteen (14) daysexpense, remove agrees to promptly and faithfully obey, observe and comply with all laws, ordinances, regulations, requirements and rules of all duly constituted public authorities in any manner affecting or have removed such Equipment relating to Tenant's use of said roof as to the installation, repair, maintenance and Cables operation of any support structures, Antennas and related equipment erected or installed by Tenant pursuant to the provisions of this Article 33. Tenant, at Tenant's sole cost and expense, shall secure and thereafter maintain all permits and licenses required for the installation and operation of the Antennas and any support structures and related equipment erected or installed by Tenant pursuant to the provisions of this Article 33. including, without limitation, any approval, license or permit required from the Federal Communications Commission. In no event shall the maximum level of microwave 117 emissions from the Antennas exceed the amount allowable for the Building as determined by the governmental authorities having jurisdiction thereof.
33.04. The Antennas, support structures and related equipment installed by Tenant pursuant to the provisions of this Article 33 shall be Tenant's personal property, and, upon the Expiration Date, or earlier of (1) the expiration or termination of this AgreementLease, or (ii) the expiration of the Leaseshall be removed by Tenant at Tenant's sole cost and expense. To the extent reasonably possible, All wiring and related electrical equipment installed by Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation and operation of the Antennas shall be Tenant's personal property. Upon the Expiration Date, or earlier termination of this Lease, if Landlord so directs by written notice to Tenant, Tenant shall promptly remove the electrical equipment (other than the Wiring, which need not be removed) as designated in such notice, at Tenant's sole cost and expense. Tenant, at Tenant's sole cost and expense, shall promptly repair any and all damage to the rooftop of the Building and to any other part of the Building caused by or resulting from the installation, use maintenance and maintenance repair, operation or removal of the Antennas, support structures, Wiring and related equipment erected or installed by Tenant pursuant to the provisions of this Article 33 and restore said affected areas to their condition as existed prior to the installation of the Antennas and related equipment, subject to normal wear and tear and damage for which Tenant is not responsible hereunder. Notwithstanding anything to the contrary contained in the preceding sentence, in the event Tenant fails to perform such Equipment repair work after notice and Cablesexpiration of the applicable cure period, Landlord shall have the option of performing any such repairs, at Tenant's sole cost and expense, to the extent that same are reasonable, which cost and expense shall be payable by Tenant to Landlord as an Additional Charge hereunder within thirty (30) days after Tenant shall have been billed therefor.
33.05. Tenant covenants and agrees that all installations made by Tenant on the rooftop of the Building or in any other part of the Building pursuant to the provisions of this Article 33 shall be at the sole risk of Tenant, and neither Landlord nor Landlord's agent or employees shall be solely responsible liable for all maintenanceany damage or injury thereto caused in any manner, repair and damage caused except to the Roof extent caused by the negligence or roof membrane as a result willful misconduct of the installation Landlord, its agents or employees.
33.06. Tenant will, and does hereby agree to, indemnify, defend and save harmless Landlord from and against: (i) any access and all claims, reasonable counsel fees (subject to the antenna. Tenant shall indemnifyprovisions of Section 18.03 hereof), defend, protect and hold Landlord harmless from and against liabilitydemands, damages, costs and expensesexpenses or losses by reason of any liens, including reasonable attorneys' fees incurred orders, claims or suffered by Landlord directly caused by Tenant's installationcharges resulting from any work done, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expensesmaterials or supplies furnished, in connection with the fabrication, erection, installation, use maintenance and maintenance operation of the Equipment Antennas, support structures, Wiring and Cablesany related equipment installed by Tenant pursuant to the provisions of this Article 33; and (ii) any and all claims, costs, demands, expenses, fees or suits arising out of accidents, damage, injury or loss to any and shall supply to Landlordall persons and property, upon Landlord's written requestor either, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes whomsoever or whatsoever resulting from or arising in connection with the erection, installation, use . maintenance and maintenance operation and repair of the Equipment Antennas, support structures, Wiring 118 and Cablesrelated equipment installed by Tenant pursuant to the provisions of this Article 33; except to the extent caused by the negligence or willful misconduct of Landlord, its agents or employees. If any installations referred to in this Article 33 should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, then Landlord shall use reasonable efforts to give Tenant prior notice of the same (and, to the extent possible, shall endeavor to do so at the plan approval stage) and Landlord shall, in any event deliver a copy of such roof warranty or guaranty to Tenant promptly after Tenant's written request. therefor, and Tenant shall reimburse Landlord for any loss or damage sustained or reasonable costs or expenses incurred by Landlord as a result thereof.
33.07. All plans and specifications of Tenant's work and installations to be done and made by Tenant pursuant to the provisions of this Article 33 shall be subject to the prior approval of Landlord, such approval not to be unreasonably withheld or delayed, and shall be further subject to inspection and reasonable supervision by Landlord, agreeing that it shall not be deemed to incur any liability by reason of the provisions of this Section 33.07.
33.08. Tenant covenants and agrees that the Antennas, support structures, Wiring and related electrical equipment to be installed by Tenant shall not interfere with or adversely affect any equipment, installations, lines or machinery of the Building.
33.09. Tenant shall have the right, upon prior notice to Landlord to sublet or license to third parties the roof or portions thereof for the purposes permitted under this Article 33 provided and on condition that any such sublease or license shall comply with the provisions of Section 7.09 hereof (other than subsection (d) thereof). Landlord shall not be obligated to enter into any non-disturbance agreement with respect to any such sublease or license covering the any portion of the-roof, and any such sublease or license shall provide that it is subject and subordinate to this Lease and to any matters to which this Lease is or shall be subordinate, as more particularly provided in Section 7.09 hereof. Except as provided in this Section 33.09, Tenant shall not be permitted to assign or transfer all or any portion of the rights granted to Tenant pursuant to this Article 33 unless Tenant assigns this Lease or subleases all or substantially all the Premises to the party to whom such rights are assigned or transferred -pursuant to Article 7 hereof; or unless Tenant subleases substantially all of the Premises pursuant to Article 7 hereof, in which case such subtenant shall have the rights of Tenant hereunder for so long as such sublease shall be in full force and effect. 119
Appears in 1 contract
Samples: Lease Agreement (Corporate Property Associates 15 Inc)
Roof Rights. Tenant shall be granted Subject to the right to install one terms and conditions of this Section, (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have the right, in common with the rights of Landlord, other tenants of the Building and retain whatever title others as may be designated or licensed by Landlord, to install and operate two (2) satellite dish receiving/transmission antennae and wires, cables, conduits, and associated equipment (collectively, the “Communications Equipment”) which shall only be used by Tenant in conjunction with its conduct of the Permitted Uses (and for no other purpose) on a portion of the roof of the Building, (b) Tenant shall have the right, in common with the rights of Landlord, other tenants in the Building and others as may be designated or licensed by Landlord or its affiliates, to connect the Communications Equipment to the Equipment as it has or claims to have, exclusive of space in and structural portions interior of the buildingsPremises (provided, which belong however, that any cable or wiring and/or conduit installed by or for Tenant or with respect to any Communications Equipment installed pursuant to this Section by or for Tenant shall run through the core, or be concealed in the walls of the Building or chases of the Building or shall otherwise be appropriately concealed, and shall exit the Building at or below ground level) and (c) Tenant shall maintain the Communications Equipment in good order, condition and repair and Tenant shall have a right of temporary access from time to time, as may be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically reasonably approved by Landlord in writingadvance except in the case of an emergency, over the roof of the Building to the extent necessary to install, maintain, inspect, repair, and replace the Communications Equipment. Tenant shall make no attachments to and penetrations of the roof required for the Communications Equipment without Landlord’s prior approval which approval may be conditioned on Tenant’s agreement as to the maintenance and restoration of the affected portion of the roof and other affected areas. In no event shall Tenant place a load on the roof of the Building exceeding an average rate of forty (40) pounds of live load per square foot of roof area. Notwithstanding the foregoing provisions of this Section, Tenant may not install any Communications Equipment or connect any Communications Equipment to the Premises except with the prior approval of Landlord, which approval shall not be unreasonably withheld. In furtherance thereof, with respect to any Communications Equipment, Tenant shall submit to Landlord plans and specifications (including, but not limited to, design, size, weight and configuration) for such Communications Equipment and the proposed location thereof on the roof of the Building for Landlord’s approval, (including, but not limited to the size and aesthetics of the Communications Equipment and the architectural compatibility and relationship between the Communications Equipment and the general area of the site and neighboring roads). Without limiting the generality of the foregoing, Tenant shall make no penetrations of or attachments to the roof for any of its Communications Equipment or otherwise without Landlord’s prior approval, which approval shall not be unreasonably withheld, delayed or withheld.
cconditional. All of the Communications Equipment shall only be used in conjunction with Tenant’s conduct of the Permitted Uses and for no other purposes. However, Landlord shall have the right, in its sole discretion, to select the location on the roof for the placement of the Communications Equipment. Tenant, at Tenant’s expense, shall repair any damage to the Building (including but not limited to the roof) The resulting from the installation, operation, maintenance, repair replacement or removal of the Communications Equipment including sealing and repairing all roof penetrations. Upon the expiration or earlier termination of the Lease Term, Tenant, at Tenant’s expense shall remove all of the Communications Equipment and Cables restore the affected portions of the Building to as near as practicable its condition prior to the installation thereof; provided, however, that Tenant shall remain not be obligated to remove conduits and wiring for such Communications Equipment which is located within walls or within ceiling plenums of the property of Tenant or its contractor during the TermBuilding. In addition, Tenant shall, at its sole cost and expense within fourteen expense, (14i) days, maintain the integrity and watertightness of the roof and other areas around and affected by any such penetrations and attachments and (ii) remove or have removed such all Communications Equipment and Cables upon related equipment and repair and restore the earlier area of (1) the roof affected by the penetrations and attachments, at the expiration or earlier termination of this Agreementthe Lease Term or Landlord may perform same for Tenant’s account and at Tenant’s expense. Further, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant in no event shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, operation, maintenance, repair, replacement or removal of any Communications Equipment interfere with the use and maintenance or occupancy of such Equipment and Cablesthe Building by any tenant or by others entitled thereto or with the use of any other Tenants’ Communications Equipment. In addition, and Tenant shall be solely responsible for all maintenance, repair obtaining and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain maintaining in full force and effect during the Termsuch permits, comprehensive liability insurance protecting Landlord against any liabilitylicenses, damages costs or expensesapprovals, in connection with special permits and other governmental authorizations, if any, as shall be required for the installation, use maintenance and maintenance operation of the Communications Equipment by applicable law, by-law, rule or regulation and Cablesthe failure or inability of Tenant to obtain any such permits, licenses, approvals, special permits and other governmental authorizations shall supply to in no way (i) constitute a default of Landlord, upon Landlord's written request(ii) give Tenant any right to an abatement, offset or other reduction in Annual Fixed Rent, Additional Rent or other charges payable under this Lease or (iii) give Tenant any right to terminate this Lease. The rights herein granted to Tenant are in common with the appropriate certificates rights of such insurance.
f) Tenant Landlord and its contractors shall comply with all applicable laws, regulations and building codes in connection with other tenants of the Building from time to time to use or to grant to or license others from time to time the right to use any portion of the roof for the installation, use operation, replacement, repair, renovation, removal and maintenance inspection of communications, reception, transmission, or other like equipment and appurtenances. Further, the Equipment and Cablesrights herein granted to Tenant shall expire if (i) there shall be an Event of Default of Tenant under this Lease or (ii) this Lease shall terminate or otherwise expire.
Appears in 1 contract
Roof Rights. Tenant shall have Landlord's permission to install ----------- at Tenant's expense without additional payment to Landlord (except as herein provided) a microwave dish, antenna, and appurtenant communications devices, whose specifications and configuration shall be granted reasonably satisfactory to Landlord (the "Telecommunications Equipment") on a portion of the roof of the Building in a location and size approved by Landlord and which is to be used by Tenant for its business in the Premises. Tenant's installation shall include access to power and routing of lines to the Premises together with the right to such rooftop access as is required to comply with Tenant's obligations hereunder. Landlord expressly reserves the right to install one (1) antenna in or permit others to install other Telecommunications Equipment on the Antenna Area at roof of the Building and shall make reasonable efforts to minimize interference for each such user, provided Landlord makes no warranty, and assumes no responsibility, for the suitability of the roof for Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawingsuse. Tenant shall be responsible for the cooperate with Landlord in seeking to minimize any such interference. Tenant's installation, use, maintenance and operation and liability removal of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work Telecommunications Equipment shall be performed at Tenant's sole cost subject to all permits and expense approvals applicable thereto and in good and work-manlike manner. Tenant shall have secure and retain whatever title and rights to maintain the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, same at its sole cost and expense within fourteen (14) daysexpense, remove holding Landlord harmless from any violation thereof. If reasonably required by Landlord or have removed such Equipment and Cables upon the earlier of (1) the expiration if mandated by any law, regulation, ordinance, covenant or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possiblerestriction, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear erect and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with maintain appropriate screening for the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antennaTelecommunications Equipment. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use operation, maintenance and maintenance removal of the Telecommunications Equipment and Cables, including without limitation, injury and death shall- be subject to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written requestinspection and technical review, the appropriate certificates reasonable cost of such insurancewhich shall be borne by Tenant.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease Agreement (Itxc Corp)
Roof Rights. Landlord hereby grants to Tenant shall be granted an exclusive license (the right “License”) to install one install, maintain and operate on the roof of the Building antenna or satellite dish equipment (1the “Antenna Equipment”) antenna and supplemental HVAC equipment (“Supplemental HVAC Equipment”) in the Antenna Area at Tenant's expense accordance with and subject to appropriate governmental approval the terms and Landlord's reasonable approvalconditions set forth below. Prior The Antenna Equipment and Supplemental HVAC Equipment is collectively referred to installation herein as the “Rooftop Equipment”). The Rooftop Equipment, or applicable part thereof, shall be installed at a location(s) designated by Landlord and reasonably acceptable to Tenant (such location(s) as the same may be expanded from time to time, being the “Licensed Area”). The Licensed Area shall be considered to be a part of the antennaPremises for all purposes under the Lease (except for purposes of calculating Tenant’s percentage share, and for calculating monthly Base Rent or for any other charges based on square footage of the Premises), and except as otherwise expressly provided in this Paragraph all provisions applicable to the use of the Premises under the Lease shall apply to the Licensed Area and its use by Tenant.
(i) The term of the License shall be coterminous with the Lease Term, as it may be extended or renewed;
(ii) Tenant shall submit not be obligated to Landlord all planspay any license fee for the use of the Licensed Area pursuant to this Paragraph 43 during the Lease Term, specifications and drawings. as the same may be extended or renewed.
(iii) Tenant shall be responsible use the Licensed Area only for the installation, operation, repair, replacement and maintenance and operation and liability of the antenna.
a) Rooftop Equipment, or applicable part thereof, and the necessary mechanical and electrical equipment to service said Rooftop Equipment, and for no other use or purpose. The installation of the Rooftop Equipment, or applicable part thereof, and all equipment and facilities related thereto, including any required screening for the Rooftop Equipment and any required conduit from the Premises to the applicable Rooftop Equipment, shall be deemed to constitute an Alteration subject to the provisions of Paragraph 13 of this Lease, provided that Landlord agrees that during shall not unreasonably withhold, condition or delay its approval of the Term (same. Landlord may require appropriate screening for the Rooftop Equipment as defined a condition of Landlord’s approval of the installation of the Rooftop Equipment, or applicable part thereof, in Section 3 below)a particular location. The Rooftop Equipment shall not be visible from North First Street, the Parcel A parking area or Highway 237. Tenant may have access to the Licensed Area for such uses at all times upon reasonable prior notice to Landlord and shall reimburse Landlord for any reasonable out-of-pocket expenses incurred by Landlord in connection therewith. Subject to Landlord’s approval of plans therefor, Tenant may installshall have the right to use chasers, use risers and have maintained conduits in the Antenna Area, equipment ("Equipment") as specifically described Building in documentation delivered such locations shown on plans submitted by Tenant to Landlord in connection with and approved by Landlord;
(iv) Attached hereto as Exhibit L is a cut sheet of a satellite dish and the initial approval processdimensions, design and appearance of such satellite dish illustrated on such Exhibit L is acceptable to Landlord, subject to all the other terms of this Paragraph 43 applicable to the Antenna Equipment and/or Rooftop Equipment. All of Tenant's construction and installation work The Antenna Equipment shall be performed used only for transmitting and/or receiving data, audio and/or video signals to and from Tenant’s facilities within the Premises for Tenant’s use, and shall not be used or permitted to be used by Tenant for purposes of broadcasting signals to the public or to provide telecommunications or other communications transmitting or receiving services to any third parties;
(v) The installation of the Rooftop Equipment, or any part thereof, or manner in which it shall be installed by Tenant, shall not cause any roof warranty issued to Landlord to be void or rendered ineffective;
(vi) Tenant shall require its employees, when using the Licensed Area, to stay within the immediate vicinity thereof. In addition, in the event any communications system or broadcast or receiving facilities are operating in the area, Tenant shall at all times during the term of the License exercise commercially reasonable efforts to conduct its operations so as to ensure that such system or facilities shall not be subjected to harmful interference as a result of such operations by Tenant's sole cost and expense and .
(vii) During the term of the License, Tenant shall comply with any standards promulgated by applicable governmental authorities or otherwise reasonably established by Landlord regarding the generation of electromagnetic fields. Should Landlord determine in good and work-manlike mannerfaith at any time that the Antenna Equipment poses a health or safety hazard to occupants of the Building or Project, or applicable part thereof, Landlord may require Tenant to make arrangements satisfactory to Landlord to mitigate such hazard or, if Tenant either fails or is unable to make such satisfactory arrangements, to remove the Antenna Equipment. Any claim or liability resulting from the use of the Antenna Equipment, the Supplemental HVAC Equipment or the Licensed Area shall be subject to the indemnification provisions of this Lease applicable to Tenant’s use of the Premises;
(viii) During the term of the License, Tenant shall have and retain whatever title and rights pay all taxes attributable to the Antenna Equipment, Supplemental HVAC Equipment and other equipment owned and installed by Tenant, and Tenant shall assure and provide Landlord with reasonable evidence that the Licensed Area and Tenant’s use thereof are subject to the insurance coverages otherwise required to be maintained by Tenant as it has to the Premises pursuant to Paragraph 8.2 above;
(ix) Upon the expiration or claims sooner termination of the Lease, Tenant shall remove the Antenna Equipment (and Supplemental HVAC Equipment if designated for removal by Landlord) and all related equipment and facilities, including any conduit from the Premises to havethe Antenna Equipment (and conduit to the Supplemental HVAC Equipment if designated for removal by Landlord), exclusive of space in from the Licensed Area and structural any other portions of the buildingsBuilding within or upon which the same may be installed, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and restore the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Licensed Area and Premisesall other areas affected by such removal to their original condition, only in locations specifically approved by Landlord in writingreasonable wear and tear, which approval shall not be unreasonably delayed or withheld.
c) The Equipment casualty, condemnation and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shallLandlord’s maintenance, repair, replacement and restoration obligations excepted, all at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualtyexpense.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease Agreement (Rambus Inc)
Roof Rights. 31.1. Except as set forth in this Article 31, Tenant shall will have no right to utilize the roof of the Building for any purpose without Landlord’s consent, which will not be granted unreasonably withheld or delayed.
31.2. In connection with Tenant’s request to utilize the roof for the purpose of installing transmission and/or reception equipment, the following will apply:
(A) Without limiting any other provision of this Lease, Tenant will have the non-exclusive right to install one antennas, satellite dishes, or other telecommunications equipment (1individually and collectively, the “Antenna”) antenna in on the Antenna Area at roof of the Building (including necessary connection to the Premises) for use by Tenant's expense and , provided any such installations will be subject to appropriate governmental approval Landlord’s prior consent, which consent will not be unreasonably withheld, conditioned or delayed. Any Antenna will be installed in accordance with all applicable Laws. Tenant will remove such Antenna at the expiration or earlier termination of this Lease and Landlord's reasonable approvalTenant will repair any damage to the roof caused by such removal. Prior to making any installations on the roof of the Building, Tenant will use a roofing contractor for all work to be performed by Tenant on the roof of the Building approved by Landlord, which approval will not be unreasonably withheld.
(B) Tenant will furnish detailed plans and specifications for the Antenna (or any modifications thereof) to Landlord for its approval. The parties agree that Tenant’s use of the rooftop 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 for any use including installation of the antennaother antennas and support equipment. Landlord will use its commercially reasonable efforts to insure that such other persons do not interfere with Tenant’s Antenna. Likewise, Tenant shall submit will use its commercially reasonable efforts to insure that its use of the rooftop does not impair any other person’s data transmission and reception via its respective antennas and support equipment. If Tenant’s construction, installation, maintenance, repair, operation or use of the Antenna interferes with the rights of Landlord all plans(including, specifications and drawings. without limitation, Landlord’s right to reasonable use the remainder of the roof), Tenant shall will cooperate with Landlord or such other tenants in eliminating such interference; provided, however, the cost of remedying such interference will be responsible for borne by whichever party last installed its equipment on the roof causing such interference.
(C) In connection with the installation, maintenance and operation and liability of the antenna.
a) Antenna, Tenant, at Tenant’s sole cost and expense, will comply with all applicable Laws and will procure, maintain and pay for all permits required therefor, and Landlord agrees makes no warranties whatsoever as to the permissibility of an Antenna under applicable Laws or the suitability of the roof of the Building for the installation thereof. If Landlord’s structural engineer deems it reasonably necessary that during there be structural reinforcement of the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord roof in connection with the initial approval process. All installation of Tenant's construction and installation work shall be performed the Antenna, Landlord will perform same at Tenant's sole ’s cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights will not perform any such installation prior to the Equipment as it has or claims to have, exclusive completion of space in and any such structural portions reinforcement. The installation of the buildingsAntenna will be subject to the provisions of Article 9 applicable to alterations and installations, which belong except that Landlord need not notify Tenant whether Tenant must remove the Antenna at the end of the Term, it being the intent of the parties that Tenant will remove the Antenna at the end of the Term and repair any damage to the Building resulting from such installation and shall be retained by Landlordremoval. Landlord For the purpose of installing, servicing or repairing the Antenna, Tenant will cooperate with Tenant, at no cost to Landlord, regarding Tenant's have access to utilities and the connection rooftop of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically Building using contractors reasonably approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor at all times during the Term. Tenant shallwill pay for all electrical service required for Tenant’s use of the Antenna.
(D) Tenant, at its sole cost and expense, will promptly repair any and all damage to the rooftop or to any other part of the Building caused by the installation, maintenance and repair, operation or removal of the Antenna. Tenant will be responsible for all costs and expense within fourteen (14) daysfor repairs of the roof which result from Tenant’s use of the roof for the construction, remove installation, maintenance, repair, operation and use of the Antenna. All installations made by Tenant on the rooftop or have removed such Equipment and Cables upon in any other part of the earlier of (1) Building pursuant to the expiration or termination provisions of this AgreementArticle 31 will be at the sole risk of Tenant, and neither Landlord, nor any agent or employee of Landlord, will be responsible or liable for any injury or damage to, or (ii) arising out of, the Antenna. Tenant’s indemnity under Section 16.2 of this Lease will apply with respect to the installation, maintenance, operations, presence or removal of the Antenna by Tenant. In addition, any costs incurred by Landlord to repair the roof as required herein after the expiration of the Lease. To Term will be borne solely by Tenant.
(E) Upon the extent reasonably possibleexpiration of the Term, the Antenna will be removed by Tenant shall restore Landlord's affected facilities at its sole cost and expense, and Tenant will repair any damage to the rooftop or any other portions of the Building to substantially their original condition, including repainting or touch-up, excepting condition immediately prior to Tenant’s installation of the Antenna (ordinary wear and tear, and/or and damage or destruction due to by fire or other casualtycasualty (which is subject to Article 13) excepted).
d(F) If the installation of the Antenna or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, Tenant shall bear all expense will reimburse Landlord for any loss or damage sustained or costs or expenses incurred.
31.3. The rights granted in this Article 31 are given in connection with the installation, use and maintenance of such Equipment and Cableswith, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result part of the installation rights created under this Lease and are not separately transferable or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Projectassignable.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. To the extent legally permitted, Tenant shall have ------------- ----------- a non-exclusive license (which shall not be granted the right assignable except in conjunction with an assignment of this Lease) to install one (1) antenna in the Antenna Area at Tenant's expense communications equipment and supplementary HVAC equipment (the "Roof Equipment") on the roof of the Building, in locations acceptable to Landlord, subject to appropriate governmental approval and Landlord's reasonable approvalprior approval of the size and type of such equipment. Prior Tenant shall perform the installation in a manner acceptable to Landlord. The installation of the antennaRoof Equipment shall be completed in a workmanlike manner, Tenant shall submit to Landlord in accordance with all plansapplicable laws and regulations, specifications in a manner which does not adversely affect the roof warranty, and drawingsin compliance with all roof and floor load limitations. Tenant shall be required to screen the Roof Equipment, at Tenant's expense, in a manner acceptable to Landlord, unless otherwise agreed to in writing by Landlord. Except as otherwise agreed to in writing by Landlord, the amount of space taken by Tenant's Roof Equipment shall not exceed Tenant's Pro Rata Share of roof space available for the installation of such equipment. Tenant shall be solely responsible for obtaining any permits or licenses necessary to install the installation, maintenance Roof Equipment. Tenant shall be solely responsible for paying all costs and operation and liability expenses related to the installation of the antenna.
a) Roof Equipment, and shall indemnify Landlord agrees that during for any costs which Landlord might incur due to Tenant's installation of the Term (as defined in Section 3 below)Roof Equipment. Tenant shall cause its general liability and casualty policies to cover the Roof Equipment. Upon the expiration or termination of this Lease, Tenant may installshall, use and have maintained unless otherwise expressly directed in writing by Landlord, remove the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed Roof Equipment at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cablesexpense, and shall be solely responsible for all maintenance, restore the integrity of the roof and repair and (in a manner acceptable to Landlord) any damage caused to the Project caused by the removal of the Roof Equipment; and, if Tenant fails to remove the same, then the Roof Equipment shall be deemed abandoned, and Landlord may cause the same to be removed, and the Project to be repaired, at Tenant's expense, which expense shall be considered Additional Rent. If the real estate taxes or roof membrane insurance premiums for the Buildings are increased as a result of the installation or any access to of the antenna. Roof Equipment, then Tenant shall indemnifypay its share of any such increase directly attributable to such installation upon receipt of adequate documentation. Notwithstanding the terms of this Section 12.06, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of makes no representations as to whether any such Roof Equipment is presently permitted under the Equipment and Cables, including without limitation, injury and death current zoning ordinance to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at which the ProjectProject is subject.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. (a) All references to the "roof" in this Lease shall be deemed to refer solely to the roof of the Building and shall exclude any roof on any other building or premises. Tenant hereby acknowledges that the roof is being delivered to Tenant in connection with this Lease in its "as-is", "wear-is" condition and that the Landlord is making no representations or warranties, either expressed or implied, whatsoever in connection with said roof. At such time as the roof of the Premises requires replacement, as determined by Tenant in its commercially reasonable judgment in consultation with Landlord, Tenant shall replace the existing roof of the Premises without any liability on Landlord's part therefor except as set forth in this Section 37(a). The Tenant shall be granted required to pay the right to install one (1) antenna in cost for the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation replacement of the antennaroof; provided, Tenant shall submit to Landlord all planshowever, specifications and drawings. Tenant shall be responsible for that upon the installation, maintenance and operation and liability completion of the antenna.
a) Landlord agrees that during replacement of the Term (as defined in Section 3 below), Tenant may install, use roof and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered furnishing of evidence by Tenant to Landlord that said roof has been replaced in connection accordance with the initial approval processterms of this Section 37
(a) by a licensed roofing contractor, Landlord shall pay to Tenant the lesser of (i) the sum of One Hundred and Fifty Thousand Dollars ($150,000.00), or (ii) the cost of Tenant for the replacement of said roof. All of Tenant's construction and installation work in connection with said roof shall be performed done in compliance with all appropriate zoning and building code statutes, laws, rules, regulations and ordinances and Tenant shall be responsible, at its own cost and expense, for the procurement of any and all permits and certificates of occupancy in connection therewith. Landlord shall have the right to approve the Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions choice of the buildings, which belong to and shall be retained roofing contractor selected by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably withheld or delayed by Landlord. Tenant shall be responsible for all maintenance, repairs and replacement of the roof during the Term and any Renewal Term of this Lease and, to the extent an assignment is permitted, shall be assigned all warranties and guarantees, if any, held by Landlord with respect thereto for enforcement thereof by Tenant. In the event that said warranties or withheldguaranties cannot be assigned, Landlord, upon Tenant's request, shall take reasonable steps to enforce said warranties or guaranties.
c(b) The Equipment So long as it (i) does not impact Landlord's roof warranty, if any, and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall(ii) complies with all applicable laws, rules and regulations, Tenant, at its sole cost and expense within fourteen (14) daysbut without additional charge hereunder other than utility fees which may be imposed for actual usage, remove or shall have removed such Equipment and Cables upon access to the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration roof of the Lease. To Building in designated areas mutually agreed upon for the extent reasonably possiblepurpose of installation of microwave satellite, antenna and other communications devices or supplemental HVAC units and venting units (collectively, the "Roof Equipment") and with respect to telecommunications installations, Tenant shall restore use its best efforts to utilize US Realtel to provide such services, or such other contractor as may be acceptable to Landlord, upon its prior written consent and approval, which consent shall not be reasonably withheld or delayed. Notwithstanding the foregoing, all such Roof Equipment shall be for the sole benefit of Tenant and Landlord, shall relate specifically to Tenant's use of the Premises, and shall not be used as a switching station, amplification station or by other tenants or third parties. Tenant shall make a request for approval of the Roof Equipment hereunder by submission of specific plans and specifications for the work to be performed by Tenant. Landlord shall respond in writing within fifteen (15) business days from receipt of the same, advising Tenant of approved contractors and those portions of the work that are acceptable and disapproving those portions of the work that are, in Landlord's affected facilities judgment, reasonably exercised, unacceptable and with respect to their original conditionthe plans, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) specifying in detail the nature of Landlord's objection. Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for the removal of all maintenanceRoof Equipment and the restoration of the roof upon the expiration or early termination of this Lease unless directed in writing by Landlord otherwise. All installation, repair repair, replacement and damage caused to modification of the Roof Equipment shall be coordinated with Landlord, shall only use those contractors approved by Landlord, which approval shall not be unreasonably withheld or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered delayed by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and CablesLandlord, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes be in connection accordance with the installation, use Rules and maintenance of the Equipment and CablesRegulations set forth herein.
Appears in 1 contract
Roof Rights. Tenant Tenant, at its sole cost and expense, shall be granted have the non-exclusive right (it being understood that Landlord may grant, extend or renew similar rights to install one others) to install, maintain, and from time to time replace satellite dish(s) and or antennae (1the “Rooftop Equipment”) antenna in on the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation roof of the antennaBuilding, provided that prior to commencing any installation or maintenance, Tenant shall submit (i) obtain Landlord’s prior approval of the proposed size, weight and location of the Rooftop Equipment and method for fastening the Rooftop Equipment to the roof, which approval Landlord shall not unreasonably withhold provided that the Rooftop Equipment will not damage the Building or the Building’s roof and is not of such size or weight that it can be reasonably deemed unsuitable for the Building’s roof, (ii) such installation and/or replacement shall comply strictly with all plansLaws and the conditions of any bond or warranty maintained by Landlord on the roof, specifications (iii) use the Rooftop Equipment solely for its internal use, (iv) not grant any right to use of the Rooftop Equipment to any other party, and drawings(v) obtain, at Tenant’s sole cost and expense, any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to Landlord. Landlord may supervise or perform any roof penetration related to the installation of Rooftop Equipment and Landlord may charge the commercially reasonable cost thereof to Tenant. Tenant agrees that all installation, construction and maintenance shall be performed in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements as shall be imposed by Landlord. Tenant further agrees to label each cable or wire placed by Tenant in the telecommunications pathways of the Building, with identification information as required by Landlord. Tenant shall be responsible for repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant, and Tenant may remove the Rooftop Equipment at its cost at any time during the Term. Tenant shall remove the Rooftop Equipment at Tenant’s cost and expense upon the expiration or termination of this Lease. Tenant agrees that the Rooftop Equipment, and any wires, cables or connections relating thereto, and the installation, maintenance and operation thereof shall in no way interfere with the use and liability enjoyment of the antenna.
aBuilding, or the operation of communications (including, without limitation, other satellite dishes) or computer devices by Landlord or by other tenants or occupants of the Project installed under written agreement with Landlord prior to the date hereof. If such interference shall occur, Landlord shall give Tenant written notice thereof and Tenant shall commence to correct the same within twenty-four (24) hours of receipt of such notice and diligently and continuously pursue such correction to completion with all possible dispatch. Landlord makes no warranty or representation that the Building or any portions thereof are suitable for the use of Rooftop Equipment, it being assumed that Tenant has satisfied itself thereof. Tenant shall protect, defend, indemnify and hold harmless Landlord and Landlord’s Agents 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 Rooftop Equipment. Landlord hereby ratifies and confirms its consent to the Rooftop Equipment installed by Tenant prior to the date hereof. Landlord agrees that during the Term (as defined in Section 3 below)it shall, Tenant may install, use and have maintained in the Antenna Area, with respect to any rooftop equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights installed subsequent to the date hereof, include the covenant against interference against Tenant’s Rooftop Equipment as it has or claims to have, exclusive of space set forth in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheldthis Paragraph 13.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. Provided that Tenant complies with terms of this Section 26.12, during the Term and any extensions thereof, Landlord agrees to allow Tenant to place and maintain, at Tenant’s risk and expense, antennae, and non-penetrating satellite dishes, voice, fiber optic, video, data, and internet and other telecommunications communications equipment, including all required equipment, infrastructure, conduits, chase ways and connectivity required to operate them (the “Telecom Equipment”), on the rooftop of the Buildings at a location approved by Landlord. That portion of the rooftop of the Buildings made available by Landlord for equipment of tenants of the Project shall be for the exclusive use of Tenant save and except in the event Tenant ceases to occupy 100% of the Buildings, in which event: (a) Tenant shall retain the exclusive right and entitlement of the areas where it maintains its equipment together with a proportionate share of that portion of the remaining area of the roof of the Buildings made available by Landlord for equipment of tenants of the Project (e.g. if Tenant occupies 50% of the rentable area of the applicable Building, then it shall be entitled to the exclusive use of that portion of 50% of the available area made available by Landlord for equipment of tenants of the applicable Building of the roof); (b) Landlord shall only permit installations on the roof by third parties if they do not damage or materially interfere with Tenant’s business, security or equipment at the Premises; (c) Landlord covenants and agrees not to permit the use of any space on the roof by any Primary Competitor without Tenant’s prior written consent; and (d) Tenant shall be granted the right entitled to install one (1) antenna in the Antenna Area screen/fence off its Telecom Equipment, at Tenant's expense and its expense, subject to appropriate governmental Landlord’s approval which cannot be unreasonably withheld, conditioned or delayed. Tenant acknowledges and Landlord's reasonable approvalagrees that Landlord may take into account aesthetics to ensure that such screen/fence does not visibly or physically detract from the façade of the Buildings and surrounding business park. Prior to The installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant Tenant’s Telecom Equipment shall be responsible subject to Tenant providing Landlord with detailed designs and specifications, all necessary consents, approvals, permits or registrations, including architectural guidelines in effect for the area in which the Buildings are located as they may be amended from time to time, required for the installation, maintenance and maintenance, use or operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use Telecom Equipment and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area consultants and Premisesengineers, only in locations specifically approved by Landlord in writingapproving and reviewing said designs and specifications, which approval shall not be unreasonably delayed or withheld.
c) The . Notwithstanding anything to the contrary contained herein, Landlord may withhold its consent to the installation of the Telecom Equipment if such installation would require any penetration of the roof of either Building. If the Telecom Equipment uses any electricity, Tenant shall pay for the cost to purchase and Cables install electrical submeter equipment and wiring, and thereafter Tenant shall remain pay to Landlord the property of Tenant or its contractor during monthly electrical submeter charges throughout the Term. Landlord’s approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with sound architectural guidelines and/or engineering practices or will comply with all applicable Laws; such compliance shall be the sole responsibility of Tenant. All third-party costs of Landlord relating to such approval and review are to be borne by Tenant. Tenant shall install the Telecom Equipment in accordance with the detailed designs and specifications submitted and approved by Landlord per the above and shall take such necessary measures to ensure that it does not interfere with any equipment, installation, dish and/or antennae and/or other communication system on or near the Buildings then in existence at the time of installation. Upon expiry or termination of this Lease, Tenant shall be responsible for all costs for the removal of the Telecom Equipment, repairing any damage incurred to the roof of the Buildings as a result of its access, installation and removal of the Telecom Equipment, and restoring the roof to the condition in which it were prior to the installation of the Telecom Equipment, subject to reasonable wear and tear. Tenant shall, at its own expense, maintain and insure the Telecom Equipment during the Term and any extensions thereof. Tenant shall operate and maintain the Telecom Equipment and the screening therefor in good repair and condition, in accordance with all Laws, all manufacturer’s suggested maintenance programs, and the approved plans and specifications therefor, all at Tenant’s sole cost and expense within fourteen (14) daysexpense. In addition to Tenant’s other obligations hereunder, remove or have removed such Tenant, at its own cost and expense, shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing the Telecom Equipment and Cables associated equipment within or serving the Premises. The service contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and an executed copy of such contract (which may be redacted to remove any confidential information unrelated to the scope of work covered thereby) must be provided to Landlord. All work relating to the Telecom Equipment shall, at Tenant’s expense, be coordinated with Landlord’s roofing contractor so as not to affect any warranty for the roof of either Building. Tenant may not relocate any of the Telecom Equipment without the prior written consent of Landlord. Tenant agrees that, upon at least 30 days’ prior written notice to Tenant from Landlord that Landlord requires Tenant to relocate any Telecom Equipment (which notice may be given at any time and from time to time during the earlier of Term), Tenant shall relocate such Telecom Equipment (1as requested by Landlord) from the expiration or termination of this Agreement, or (ii) then existing location to any substitute location reasonably designated by Landlord on the applicable Building. Tenant shall complete such relocation prior to the expiration of such 30-day period and upon the Lease. To the extent reasonably possible, expiration of such 30-day period Tenant shall restore Landlord's affected facilities have no further right to their use or occupy the prior location until the completion of such roof repair or replacement, at which time Landlord may notify Tenant to relocate back to the original conditionlocation and Tenant will perform such relocation as soon as reasonably practicable after such notice. In the event Landlord exercises its right to cause Tenant to relocate all or a portion of the Telecom Equipment pursuant this Section 26.12, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due Landlord shall use its commercially reasonable efforts to fire or other casualty.
d) minimize any disruption to Tenant’s operations as a result thereof. Tenant shall bear repair all expense in connection with damage to the Buildings caused by the installation, use maintenance or removal of the Telecom Equipment at any such prior rooftop locations. Any and all costs and expenses associated with the relocation of any such Telecom Equipment and related restoration work in order to accommodate the repair, replacement or maintenance of such Equipment and Cablesthe roof or other area of the Buildings, and or equipment associated with any of the foregoing, shall be solely responsible for all maintenancepaid by Tenant within 30 days following Landlord’s request therefor. Otherwise, repair any such relocation and damage caused to the Roof or roof membrane as a result of the installation or any related restoration shall be at Landlord’s cost and expense. Tenant and Tenant Parties shall have access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance rooftop of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities Buildings at the Project.
e) Tenant shall maintain in force and effect all times during the Term, comprehensive liability insurance protecting Landlord against any liabilityat Tenant’s sole risk. For all purposes under this Lease, damages costs or expensesthe Telecom Equipment shall be deemed to be included within the definition of Tenant’s Off-Premises Equipment. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE TELECOM EQUIPMENT, AND TENANT HEREBY RELEASES LANDLORD FROM ANY AND ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS). Tenant may only use the Telecom Equipment in connection with the installationTenant’s business. Tenant shall not allow any third party to use such equipment, use and maintenance of the Equipment and Cableswhether by sublease, and shall supply to Landlordlicense, upon Landlord's written requestoccupancy agreement or otherwise, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes except in connection with Permitted Transfers and any other Transfers approved by Landlord. So long as Tenant is the installation, use and maintenance sole occupant of the Equipment applicable Building, Landlord covenants and Cablesagrees that it shall not undertake, install or consent to or permit to be installed on the roof of the applicable Building any solar, wind or other similar apparatus, billboard, signage or other installation save and except with the consent of Tenant.
Appears in 1 contract
Samples: Lease Agreement (Ciena Corp)
Roof Rights. Provided that there is space available on the roof of the Building, Tenant, at its sole cost and expense, shall have the non-exclusive right (it being understood that Landlord may grant, extend or renew similar rights to others) to install, maintain, and from time to time replace a satellite dish and/or other communications equipment (collectively, the “Equipment”) on the roof of the Building, provided that prior to commencing any installation or maintenance, Tenant shall obtain Landlord’s prior approval of the proposed plans and specifications for the Equipment and any related cabling including, without limitation, the size, weight and location of the Equipment and method for fastening the Equipment to the roof, which approval may be granted withheld in Landlord’s sole discretion. Tenant’s installation and/or replacement of the Equipment shall comply strictly with all Laws and the conditions of any bond or warranty maintained by Landlord on the roof. Tenant’s use of the Equipment shall be solely for its internal use and Tenant shall not grant any right to install one use of the Equipment to any other party (1) antenna in the Antenna Area including, without limitation, any subtenant or assignee). Tenant, at Tenant's expense ’s sole cost and subject expense, shall obtain any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to appropriate governmental approval and Landlord's reasonable approval. Prior Landlord may supervise or perform any roof penetration related to the installation of the antennaEquipment, and Landlord may charge the cost thereof to Tenant. Tenant agrees that all installation, construction and maintenance shall submit be performed in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements as shall be imposed by Landlord. Tenant further agrees to Landlord all planslabel each cable or wire placed by Tenant in the telecommunications pathways of the Building, specifications and drawingswith identification information as required by Landlord. Tenant shall be responsible for repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Equipment. The Equipment shall remain the property of Tenant, and Tenant may remove the Equipment at its cost at any time during the Term. Tenant shall remove the Equipment and any associated cabling at Tenant’s cost and expense upon the expiration or termination of this Lease and restore the roof to the condition it was in prior to the installation. Tenant agrees that the Equipment, and any wires, cables or connections relating thereto, and the installation, maintenance and operation and liability thereof shall in no way interfere with the operation of communications (including, without limitation, other satellite dishes) by Landlord or by other tenants or occupants of the antenna.
aProject. If such interference shall occur, Landlord shall give Tenant written notice thereof and Tenant shall correct the same within twenty-four (24) hours of receipt of such notice. Landlord agrees makes no warranty or representation that during the Term (as defined in Section 3 below)Building or any portions thereof are suitable for the use of the Equipment, it being assumed that Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike mannerhas satisfied itself thereof. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnifyprotect, defend, protect indemnify and hold harmless Landlord harmless from and against liabilityclaims, damages, liabilities, costs and expensesexpenses of every kind and nature, including reasonable attorneys' fees ’ fees, incurred by or suffered by asserted against Landlord directly caused by arising out of Tenant's ’s installation, maintenance, replacement, use and maintenance or removal of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the ProjectEquipment.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. (a) Subject to the provisions of Article 8 of this Lease, Landlord shall not unreasonably withhold its consent to the installation by Tenant of one or more communications antennae, microwave or satellite dishes, together with related equipment, mountings, and supports (collectively, “Telecommunications Equipment”), on the roof of the Building in an area to be identified by Landlord. Subject to availability as determined by Landlord in good faith (taking into consideration the need to allocate or reserve space for other tenants in the Building), Landlord shall be granted provide Tenant with space on the roof of the Building upon receipt of Tenant’s written request to install Tenant’s Telecommunication Equipment (but in no event shall the aggregate amount of such space exceed at any point in time ten (10) square feet), subject to the terms of this Section, and Landlord reserves the right to install one charge Tenant a market rate fee in connection therewith. Tenant acknowledges and agrees that any use of the roof space by Tenant for the installation and operation of Tenant’s Telecommunications Equipment shall be on a non-exclusive basis, except as to that portion of the roof space provided by Landlord to Tenant as aforesaid. Tenant may use the roof space and Telecommunications Equipment solely for Tenant’s own use (1) antenna and not for resale purposes), provided, however, that as long as Tenant has exercised its rights hereunder and actually installed Telecommunications Equipment on the roof of the Building, nothing in this Lease shall be construed to prohibit the Antenna Area at transfer of Tenant's expense ’s rights with respect to any such Telecommunications Equipment to any permitted sublessee or assignee of this Lease. The height, diameter, design and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant satellite dishes or other Telecommunications Equipment shall be responsible subject to Landlord’s approval, which shall not be unreasonably withheld or delayed. In connection therewith, Landlord shall make available to Tenant reasonable adjacent space for access to the roof space for the construction, installation, maintenance and maintenance, service, repair, operation and liability use of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Tenant’s Telecommunications Equipment") as specifically described in documentation delivered by Tenant to Landlord . All work in connection with the initial approval process. All installation of Tenant's construction ’s Telecommunications Equipment, including core drilling and installation work reinforcing the roof of the Building, if required, shall be performed at Tenant's ’s sole cost and expense, including the 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. References in this Section to the Telecommunications Equipment shall be deemed to include such riser and the electrical and telecommunication conduits therein.
(b) Tenant shall use and maintain Tenant’s Telecommunications Equipment so as not to cause any damage to or interference with (i) the operation of the Building or Building systems or (ii) any Telecommunications Equipment installed on the roof space by licensees, occupants and other tenants in the Building. The installation of any Telecommunications Equipment shall constitute a Specialty Alteration and shall be performed at Tenant’s sole cost and expense (including any costs and expenses in good connection with reinforcing the roof of the Building, if required) in accordance with and work-manlike mannersubject to the provisions of Article 8. All of the provisions of this Lease shall apply to the installation, use and maintenance of Tenant’s Telecommunications Equipment, including all provisions relating to compliance with legal requirements (including all FCC rules and regulations), insurance, indemnity, repairs and maintenance. The roof space and Telecommunications Equipment shall not be used or occupied by others, and the license granted by this Section shall be personal to Original Tenant and shall not be transferred, assigned, sublicensed or exercised by any other party; provided, however, that as long as Tenant has exercised its rights hereunder and actually installed Telecommunications Equipment on the roof of the Building, nothing in this Lease shall be construed to prohibit the transfer of Tenant’s rights with respect to any such Telecommunications Equipment to any permitted sublessee or assignee of this Lease. Tenant’s Telecommunications Equipment shall be treated for all purposes of this Lease as Tenant’s Property.
(c) If any of Tenant’s Telecommunications Equipment interferes with or disturbs Landlord’s use of the roof, including the use by Landlord or other tenants, licensees or occupants of the Building of their Telecommunications Equipment, or the operation of the Building or the Building Systems, then following demand by Landlord, Tenant shall have and retain whatever title and rights to the Equipment as it has promptly relocate all or claims to have, exclusive of space in and structural portions a portion of the buildings, which belong Telecommunications Equipment to and shall be retained another area on the roof designated by Landlord. Such relocation shall be at Tenant’s sole cost and expense. If Landlord shall determine, in its reasonable judgment, that any Tenant’s Telecommunications Equipment (i) will cooperate cause a health hazard or danger to property, (ii) will not be in accordance with applicable legal requirements, or (iii) interferes with or disturbs Landlord’s use of the roof, including the use by Landlord or other tenants or occupants of the Building of data transmission equipment thereon installed prior to the installation of Tenant’s Telecommunications Equipment, or the operation of the Building or the Building Systems, then, if Tenant is unable to promptly cause such Telecommunications Equipment to comply with such legal requirements, xxxxx such health hazard, danger to property or interference, Tenant, at no its sole cost and expense, shall remove such Telecommunications Equipment from the roof of the Building and, Tenant may, at Tenant’s option, but subject to Landlord’s approval as provided in (a) above, regarding replace such Telecommunications Equipment with Telecommunications Equipment which complies with such legal requirements and/or does not cause such health hazard, danger to property or interference. Notwithstanding the foregoing, Landlord may at its option, at any time during the Term after reasonable prior notice to Tenant (except in the event of an emergency) require Tenant's access , using Landlord’s roofing contractor and any other contractors reasonably required by Landlord, to utilities relocate Tenant’s Telecommunications Equipment to another area on the roof designated by Landlord, at Landlord’s sole cost and expense.
(d) If during the connection Term of this Lease, after having exercised its rights hereunder and actually installed Telecommunications Equipment on the roof of the utilities Building, Tenant shall cease to use any Tenant’s Telecommunications Equipment located on the Equipment
broof of the Building for a period of time in excess of one (1) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premisesyear, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) daysexpense, remove such Telecommunications Equipment from the roof of the Building within sixty (60) days after receipt of notice from Landlord to so remove such Telecommunications Equipment, and Tenant shall have no further rights under this Section.
(e) Other than as set forth in this Section, Landlord shall not have any obligations with respect to Tenant’s Telecommunications Equipment or have removed such Equipment and Cables upon compliance with any legal requirements (including the earlier obtaining of (1) the expiration any required permits or termination of this Agreementlicenses, or the maintenance thereof) relating thereto. Landlord makes no representation that Tenant’s Telecommunications Equipment will be permitted by legal requirements or be able to receive or transmit communication signals without interference or disturbance (ii) the expiration whether or not by reason of the Lease. To installation or use of similar equipment by others on the extent reasonably possible, roof) and Tenant agrees that Landlord shall restore Landlord's affected facilities not be liable to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualtyTenant therefor.
d(f) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall (i) be solely responsible for all maintenance, repair and any damage caused to the Roof or roof membrane as a result of the installation use of Tenant’s Telecommunications Equipment, (ii) promptly pay any tax, license, permit or other fees or charges imposed pursuant to any access legal requirements or insurance requirements relating to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, maintenance or use of such Telecommunications Equipment, (iii) promptly comply with all precautions and maintenance of the Equipment safeguards reasonably required by Landlord’s insurance company and Cablesall governmental authorities, and (iv) perform all necessary repairs or replacements to, or maintenance of, such Telecommunications Equipment, provided, however, that if Tenant’s failure to so repair, replace or maintain such Telecommunications Equipment jeopardizes the property of Landlord or any other tenant located on the roof or within the Building, Landlord may, at Landlord’s option and after ten (10) days’ notice to Tenant (except in an emergency), elect to perform such repairs, replacements or maintenance at Tenant’s sole cost and expense.
(g) Tenant acknowledges and agrees that the privileges granted Tenant under this Section shall supply not, now or at any time after the installation of Tenant’s Telecommunications 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 shall automatically terminate and expire upon the expiration or earlier termination of this Lease (including extensions or renewals) and the termination of such license shall be self-operative and no further instrument shall be required to effect such termination. Notwithstanding the foregoing, upon request by Landlord, Tenant, at Tenant’s reasonable expense, shall promptly execute and deliver to Landlord, upon Landlord's written requestin recordable form, any certificate or other document reasonably required by Landlord confirming the appropriate certificates termination of such insuranceTenant’s right to use the roof of the Building.
f(h) Tenant Tenant, at Tenant’s sole cost and its contractors expense, shall comply with all applicable lawspaint and maintain Tenant’s Telecommunications Equipment in white or such other color as Landlord shall determine and shall install such lightning rods, regulations and building codes air terminals or screening on or about Tenant’s Telecommunications Equipment as Landlord may reasonably require. EXECUTED in connection with one or more counterparts by persons or officers hereunto duly authorized on the installationDate set forth in Section 1.2 above. LANDLORD: BP 000 XXXXXXXXX XXXXXX LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Vice President TENANT: RAMIUS CAPITAL GROUP, use and maintenance LLC By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: General Counsel THIS FIRST AMENDMENT TO LEASE dated as of the Equipment 9th day of June, 2008 (this “First Amendment”) by and Cablesbetween BP 000 XXXXXXXXX XXXXXX LLC, a Delaware limited liability company, having an address c/o Boston Properties, Inc., 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, as Landlord (“Landlord”), and RAMIUS LLC f/k/a RAMIUS CAPITAL GROUP, LLC, a Delaware limited liability company, having an address at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, as Tenant (“Tenant”).
Appears in 1 contract
Samples: Lease Agreement (Cowen Group, Inc.)
Roof Rights. (a) Tenant shall be granted have the right obligation to install one replace the exiting roof of the Premises, in which event the Landlord shall contribute the sume of One Hundred Fifty Thousand Dollars (1$150,000.00) antenna in to Tenant upon the Antenna Area at Tenant's expense and subject to appropriate governmental approval completion of the roof and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval processverification thereof. All of Tenant's construction and installation work in connection with said roof shall be performed done in compliance with all appropriate zoning and building code statutes, laws, rules, regulations and ordinances and Tenant shall be responsible, at its own cost and expense, for the procurement of any and all permits and certificates of occupancy in connection therewith. Landlord shall have the right to approve the Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions choice of the buildings, which belong to and shall be retained roofing contractor selected by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably withheld or delayed by Landlord. The roof replacement shall be effected by Tenant within the five (5) year period commencing on the Commencement Date of this Lease. Tenant shall be responsible for all maintenance, repairs and replacement of the roof during the Term and any renewal term of this Lease and, to the extent an assignment is permitted, shall be assigned all warranties and guarantees, if any, held by Landlord with respect thereto for enforcement thereof by Tenant. In the event that said warranties or withheldguaranties cannot be assigned, Landlord, upon Tenant's request, shall take reasonable steps to enforce said warranties or guaranties.
c(b) The Equipment So long as it (i) does not impact Landlord's roof warranty and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall(ii) complies with all applicable laws, rules and regulations, Tenant, at its sole cost and expense within fourteen (14) daysbut without additional charge hereunder other than utility fees which may be imposed for actual usage, remove or shall have removed such Equipment and Cables upon access to the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration roof of the Lease. To Building in designated areas mutually agreed upon for the extent reasonably possiblepurpose of installation of microwave satellite, antenna and other communications devices or supplemental HVAC units and venting units (collectively, the "Roof Equipment") and with respect to telecommunications installations, Tenant shall restore use its best efforts to utilize US Realtel to provide such services, or such other contractor as may be acceptable to Landlord, upon its prior written consent and approval, which consent shall not be reasonably withheld or delayed. Notwithstanding the foregoing, all such Roof Equipment shall be for the sole benefit of Tenant and Landlord, shall relate specifically to Tenant's use of the Premises, and shall not be used as a switching station, amplification station or by other tenants or third parties. Tenant shall make a request for approval of the Roof Equipment hereunder by submission of specific plans and specifications for the work to be performed by Tenant. Landlord shall respond in writing within fifteen (15) business days from receipt of the same, advising Tenant of approved contractors and those portions of the work that are acceptable and disapproving those portions of the work that are, in Landlord's affected facilities judgment, reasonably exercised, unacceptable and with respect to their original conditionthe plans, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) specifying in detail the nature of Landlord's objection. Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for the removal of all maintenanceRoof Equipment and the restoration of the roof upon the expiration or early termination of this Lease unless directed in writing by Landlord otherwise. All installation, repair repair, replacement and damage caused to modification of the Roof Equipment shall be coordinated with Landlord, shall only use those contractors approved by Landlord, which approval shall not be unreasonably withheld or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered delayed by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and CablesLandlord, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes be in connection accordance with the installation, use Rules and maintenance of the Equipment and CablesRegulations set forth herein.
Appears in 1 contract
Roof Rights. Tenant shall be granted have the right to install and maintain on the Building roof at Tenant’s sole cost and expense, one (1) antenna in the Antenna Area at Tenant's expense satellite dish, antennae and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (related communications equipment as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved permitted by Landlord in writingfor Tenant’s communications and data transmission network, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. provided that Tenant shall, at its sole cost and expense expense, place screening around the perimeter of such satellite dish, antennae and related communications equipment, the design and location of which shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall also have the right to install and remove, at its sole cost and expense, the cabling and conduit reasonably necessary to connect the rooftop satellite dish and equipment to Tenant’s equipment on and within fourteen the Premises. Such equipment, dish, cabling and conduit shall be at locations designated by Landlord, provided that such locations will allow Tenant to transmit and receive reception without interference (14) days“Interference Free Location”). If from time to time a location designated by Landlord, remove or have removed which initially is acceptable to Tenant as an Interference Free Location, subsequently becomes unacceptable because of conditions which create interference, Landlord shall, if reasonably possible, designate and make available to Tenant a new Interference Free Location. The installation and any costs relating thereto, and the maintenance, repair, insurance obligations and liability, with respect to such Equipment equipment and Cables upon dish, shall be borne completely by Tenant, although such use of space on the earlier of (1) roof and for the cabling and conduit shall be without any cost to Tenant. Upon expiration or earlier termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities remove, at Tenant’s sole cost and expense, all equipment, cabling and conduit installed pursuant to their original condition, including repainting or touch-up, excepting ordinary wear this Article 17 and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and any damage caused by such removal. Landlord shall not install equipment, nor shall Landlord permit any tenant to the Roof or roof membrane install any equipment, which will interfere with any of Tenant’s then existing (as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by date of installation) communications equipment provided Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain ’s equipment is operating in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply accordance with all applicable laws, regulations Laws and building codes in connection with the installation, use and maintenance of the Equipment and Cablesmanufacturer specifications.
Appears in 1 contract
Samples: Office Building Lease (Premiere Global Services, Inc.)
Roof Rights. (a) Landlord shall provide Tenant with space on the roof of the Building, not to exceed fifty (50) RSF, for the installation and operation of Tenant’s and, subject to the provisions of Article 14 hereof, any of Tenant’s subtenant’s, communications antennae, microwave or satellite dishes, together with related equipment, mountings, and supports (collectively, “Telecommunications Equipment”), subject to the terms of this Section 10.9, rent free and without the payment of any other fee for the occupancy of such space. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts from time to time to provide Tenant with up to one hundred fifty (150) RSF of additional space on the roof reasonably required for the Original Tenant’s Telecommunications Equipment to the extent that Landlord has not committed to provide such space to any other Person. Tenant acknowledges and agrees that any use of the roof space by any Tenant Party for the installation and operation of its Telecommunications Equipment shall be granted on a non-exclusive basis, except as to that portion of the right roof space provided by Landlord to install one (1) antenna in the Antenna Area at Tenant's expense and such Tenant Party as aforesaid. Tenant and, subject to appropriate governmental approval the terms of Article 14 hereof, Tenant’s subtenants may use the roof space allocated to Tenant under this Section 10.9 solely for such Person’s own use (and Landlord's reasonable approvalnot for resale purposes). Prior to The height, diameter, design and installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant satellite dishes or other telecommunications equipment shall be responsible subject to Landlord’s approval, which shall not be unreasonably withheld or delayed. In connection therewith, Landlord shall make available to Tenant and/or such subtenants access to the roof space for the construction, installation, maintenance and maintenance, repair, operation and liability use of its Telecommunications Equipment. Landlord shall make available to Tenant and such subtenants, for its use solely in connection with its Telecommunications Equipment, reasonable and sufficient space in the Building for conduits to connect its Telecommunications Equipment to the Premises. Landlord shall furnish to Tenant and/or such subtenant, at Tenant’s and/or such subtenant’s cost and expense, a connection point located in the vicinity of the antenna.
aroof space for Tenant and/or such subtenant to obtain electrical service (not to exceed 15 amps/120 volts) to operate Tenant’s and/or such subtenant’s Telecommunications Equipment, which electric service shall be provided by Landlord without separate charge to Tenant and/or such subtenant. In no event may any Tenant Party’s use interfere with the use of telecommunications or other transmission equipment installed by the Landlord, licensees or other tenants or occupants of the Building other than to a de minimis extent (and Landlord agrees that during to use its reasonable efforts to include a covenant, similar to the Term (as defined foregoing, in Section 3 beloweach lease providing rights to the roof of the Building), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord . All work in connection with the initial approval process. All installation of Tenant's construction and installation work the Telecommunications Equipment of any Tenant Party, including core drilling, if required, shall be performed at Tenant's such Person’s sole cost and expense, including the 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. References in this Section 10.9 to the Telecommunications Equipment shall be deemed to include such riser and the electrical and telecommunication conduits therein.
(b) Each Tenant Party shall use and maintain its Telecommunications Equipment so as not to cause any interference with other tenants in the Building other than to a de minimis extent or damage to or interference with the operation of the Building or Building Systems. The installation of any of the Telecommunications Equipment by any Tenant Party shall constitute a Non-Standard Alteration and shall be performed at its sole cost and expense (including any costs and expenses in good connection with reinforcing the roof of the Building, if required) in accordance with and work-manlike mannersubject to the provisions of Article 4. All of the provisions of this Lease shall apply to the installation, use and maintenance of each Tenant Party’s Telecommunications Equipment, including all provisions relating to compliance with Legal Requirements (including all FCC rules and regulations), insurance, indemnity, repairs and maintenance. No Tenant Party’s Telecommunications Equipment shall be used or occupied by others, and this license shall not be assignable, sublet or otherwise transferable by Tenant separately from this Lease except to a permitted subtenant in accordance with Article 14 hereof. Each Tenant Party’s Telecommunications Equipment shall be treated for all purposes of this Lease as Tenant’s Property.
(c) If any of any Tenant Party’s Telecommunications Equipment interferes with or disturbs Landlord’s use of the roof other than to a de minimis extent, including the use by Landlord or other tenants, licensees or occupants of the Building or their Telecommunications Equipment, or the operation of the Building or the Building Systems, then following demand by Landlord, Tenant shall have and retain whatever title and rights with reasonable dispatch relocate all or a portion of such Telecommunications Equipment to another area on the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained roof reasonably designated by Landlord. Such relocation shall be at Tenant’s sole cost and expense unless such interference or disturbance arises as the result of the installation by Landlord or any other tenant, subsequent to the installation of the Telecommunications Equipment, of their Telecommunications Equipment, in which event the Telecommunications Equipment shall not be relocated and Landlord shall relocate such other dishes and equipment at Landlord’s expense (which shall not be included in Operating Expenses). If Landlord shall determine, in its reasonable judgment, that any of the Telecommunications Equipment of any Tenant Party (i) will cooperate cause a health hazard or danger to property, (ii) will not be in accordance with applicable Legal Requirements, or (iii) interferes with or disturbs Landlord’s use of the roof as set forth above or the operation of the Building or the Building Systems, then, if Tenant after a reasonable time period is unable to cause such Telecommunications Equipment to comply with such Legal Requirements, xxxxx such health hazard, danger to property or interference, Tenant, at no its sole cost and expense (except as set forth in the immediately preceding sentence), shall remove the Telecommunications Equipment from the roof of the Building, and Tenant may, at Tenant’s option, but subject to Landlord’s approval as provided in Section 10.9(a), regarding replace the Telecommunications Equipment with Telecommunications Equipment which complies with such Legal Requirements and/or does not cause such health hazard, danger to property or interference. Notwithstanding the foregoing, Landlord may at its option, at any time during the Term after reasonable prior notice to Tenant (except in the event of an emergency) require Tenant's access , using Landlord’s roofing contractor and any other contractors reasonably required by Landlord, to utilities relocate any Tenant Party’s Telecommunications Equipment to another area on the roof designated by Landlord, at Landlord’s sole cost and expense; provided that such relocation of such Telecommunications Equipment does not cause the connection transmission or reception of communication signals to be materially interrupted or impaired other than temporarily during the process of relocating such Telecommunications Equipment.
(d) If after the first twenty-four (24) months of the utilities Term, Tenant or any other Tenant Party shall cease to use any of its Telecommunications Equipment located on the Equipment
broof of the Building for a period of time in excess of one hundred eighty (180) days (or if no such Telecommunications Equipment has been installed within one hundred eighty (180) days after such twenty-four (24) month period) and Landlord delivers to Tenant a notice setting forth Landlord’s intention to take such space on the roof back from Tenant (Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between to send such notice only if Landlord needs such space currently for another occupant of the Antenna Area and PremisesBuilding), only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) daysexpense, remove such Telecommunications Equipment from the roof of the Building within seventy-five (75) days after receipt of such notice from Landlord and no Tenant Party shall have any further rights under this Section 10.9 unless Tenant (i) notifies Landlord within such seventy-five (75) day period of its intention to institute or have removed reinstitute use of such Telecommunications Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreementreplace same, or (ii) takes significant steps to reinstitute use of such Telecommunications Equipment or replace same within one hundred thirty-five (135) days after delivery by Tenant of such notice and (iii) actually reinstitutes use of such Telecommunications Equipment or replaces same within nine (9) months after delivery by Tenant of such notice.
(e) Other than as set forth in this Section 10.9, Landlord shall not have any obligations with respect to any Tenant Party’s Telecommunications Equipment or compliance with any Legal Requirements (including the expiration obtaining of any required permits or licenses, or the maintenance thereof) relating thereto. Landlord makes no representation that any Tenant Party’s Telecommunications Equipment will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the Lease. To installation or use of similar equipment by others on the extent reasonably possible, roof) and Tenant agrees that Landlord shall restore Landlord's affected facilities not be liable to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualtyany Tenant Party therefor.
d(f) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall (i) be solely responsible for all maintenance, repair and any damage caused to the Roof or roof membrane as a result of the installation or any access use of each Tenant Party’s Telecommunications Equipment, (ii) subject to the antenna. Tenant shall indemnifyprovisions of Section 7.2 and this Section 10.9, defendpromptly pay any tax, protect and hold Landlord harmless from and against liabilitylicense, damages, costs and expenses, including reasonable attorneys' permit or other fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death charges imposed pursuant to persons, damage any Legal Requirements or insurance requirements relating to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, maintenance or use of such Telecommunications Equipment, (iii) promptly comply with all precautions and maintenance of the Equipment safeguards reasonably required by Landlord’s insurance company and Cablesall Governmental Authorities, and (iv) perform all necessary repairs or replacements to, or maintenance of, such Telecommunications Equipment, provided, however, that if Tenant’s failure to so repair, replace or maintain such Telecommunications Equipment jeopardizes the property of Landlord or any other tenant, occupant or licensee located on the roof or within the Building, Landlord may, at Landlord’s option and after ten (10) Business Days notice to Tenant (except in an emergency), elect to perform such repairs, replacements or maintenance at Tenant’s sole cost and expense. Landlord shall supply give Tenant reasonable prior notice of its election to perform such repairs, except in an emergency.
(g) Tenant acknowledges and agrees that the privileges granted Tenant (and its permitted subtenants) under this Section 10.9 shall not, now or at any time after the installation of any Tenant Party’s Telecommunications Equipment, be deemed to grant Tenant or any such subtenant a leasehold or other real property interest in the Building or any portion thereof, including the Building’s roof. The license granted to Tenant (and its permitted subtenants) in this Section 10.9 shall automatically terminate and expire upon the expiration or earlier termination of this Lease (including renewals) and the termination of such license shall be self-operative and no further instrument shall be required to effect such termination. Notwithstanding the foregoing, upon request by Landlord, Tenant, at Tenant’s reasonable expense, shall (and shall cause each permitted subtenant to) promptly execute and deliver to Landlord, upon Landlord's written requestin recordable form, any certificate or other document reasonably required by Landlord confirming the appropriate certificates termination of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with right to use the installation, use and maintenance roof of the Equipment and CablesBuilding.
Appears in 1 contract