Roof Rights. During the Lease Term, Tenant shall have the right to 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 (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall 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. During (a) Landlord hereby grants to Tenant, commencing on the Lease TermCommencement Date and ending on the expiration or other termination of this Lease, Tenant shall have a license (the right “Dish License”) to install, maintain its microwave and operate a satellite dish or antenna (the “Dish”) and all necessary related equipment on the roof of the Building that are existing subject to the following terms, conditions and in place as limitations: (i) the location of the date Dish shall be on the roof of this Lease the Building in a location reasonably approved by Landlord (the “Existing AntennaDish Area”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to time; (ii) Landlord approves the size of the Dish; (iii) installation, operation, maintenance, repair, replacement and removal of the Dish and related equipment, and any attendant costs and expense, shall be located on that part the sole responsibility of Tenant and be subject to Landlord’s rules and regulations; (iv) Tenant shall obtain (and maintain throughout the Term) any approval required by any regulatory body having authority over the installation or operation of the Dish and upon Landlord’s request, shall deliver evidence of same to Landlord; (v) Tenant’s installation or operation of the Dish shall not materially interfere with the operation or any other transmission or receiving device at the Building, nor shall it materially interfere in any way with the Building’s engineering, window washing or other maintenance functions; (vi) any penetration of the roof as shall be performed by contractors selected by Landlord may from time and Tenant agrees to time designate away from cooperate with Landlord’s roof warranty provider and/or its contractor(s) in order to maintain the perimeter integrity of the roof warranty for the Building; (vii) Tenant shall coordinate the installation activities with Landlord and shall neither bring equipment to the site, nor commence its installation within the Dish Area, without first giving Landlord reasonable notice of the date and time of the planned installation; (viii) the Dish shall must be properly secured and installed so as not to be visible from affected by high winds or other elements and must be properly grounded; (ix) Tenant shall give Landlord reasonable prior notice of the street level necessity to access the Dish for service, except in the case of an emergency; (except that Landlord may after x) the initial installation weight of any portion of such Equipment from time to time cause Tenant to relocate such Equipment to another portion the Dish shall not exceed the load limits of the roof; (xi) in no event shall the Dish or any appurtenant wiring or cable interfere with or otherwise affect the electrical, mechanical, structural, life safety or other building systems of the Building; (xii) Tenant shall repair any damage to the roof caused by its installation, maintenance, operation or removal of the Dish in a manner prescribed by Landlord; (xiii) Tenant will, at all times in connection with the installation, use, operation and maintenance of the Dish, comply with all Legal Requirements, and (iv) Tenant shall maintain the Dish in a manner that is consistent with satellite dishes or antennas located on other Class A office buildings in County . In no event shall Tenant be charged a rental or fee for the use of the rooftop space for its first satellite dish and related equipment or for the use of the Building’s risers. Upon termination or expiration of this Lease, Tenant shall, at Landlord’s sole cost option, remove the Dishes and expense); all lines, wiring, pipes, conduits, other apparatus in connection therewith, in which event Tenant shall repair and (iii) in no manner interfere with restore the use of any other communications equipment installed on Property and Building to the roof condition that existed prior to the time Tenant installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall 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 2 contracts
Samples: Lease Agreement (BTRS Holdings Inc.), Lease Agreement (South Mountain Merger Corp.)
Roof Rights. During the Lease Term, Tenant shall have the right to maintain its microwave antenna and related equipment on use the roof of the Building that are existing Buildings and building structure required by Tenant from time to time for installation and use of equipment exclusively in place as of connection with its operations in the date of this Lease Premises, including, without limitation, HVAC equipment, microwave dish or other communications radio antenna and associated equipment (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna ChangesRoof Equipment”) 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 under the following terms and conditions with respect to the Existing Antenna and any Antenna Changes (collectively, the “Equipment”): conditions: (a) the Roof Equipment shall be in conformity comply with all applicable zoning and other lawsLegal Requirements, (b) with respect to the Antenna Changesall installation, Landlord must first approve the size of, location of, and specifications for the Antenna Changes, and (c) the location, installation removal and maintenance of the Roof Equipment shall (i) be subject to and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 performed by Tenant to relocate such Equipment to another portion of the roof, at LandlordTenant’s sole cost and expense); and , (iiic) the Roof Equipment shall be removed by Tenant at the expiration of the Term or earlier termination of this Lease in no manner interfere accordance with the use requirements of any other communications equipment installed on Section 4.8, (d) the roof prior to the time Tenant installs the Equipment. 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 obligated placed in a location reasonably agreed to pay by Landlord and Tenant and (f) any additional rent for such use 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. During the Lease TermTenant shall have no obligation to pay Base Rent for such right, but Tenant warrants that it willshall, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Roof Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding area in good order condition and repair repair, and free from any hazard to person or property. Upon termination of comply with the terms and conditions set forth in this Lease, Tenant, at its sole cost and expense, shall remove the Equipment and shall restore the roof of the Building to its condition existing prior Lease with respect to the installation of the Roof Equipment, ordinary wear and tear exceptedthe 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 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 roof warranty solely due to the Tenant’s installation of the Roof Equipment. Tenant shall further repairhereby indemnifies and agrees to hold harmless Landlord, at its sole cost Landlord Responsible Parties and any Mortgagee providing financing with respect to any portion of the Premises from any claim, liability, loss, damage, expense, any damage cause of action or destruction caused by the removal proceeding arising from Tenant’s use of the Equipmentroofs of the Buildings. All work performed by The foregoing indemnity shall survive the expiration or on behalf earlier termination 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 guarantythis Lease.
Appears in 2 contracts
Samples: Lease (Mercury Computer Systems Inc), Lease (Mercury Computer Systems Inc)
Roof Rights. During the Lease Term, Tenant shall have the right to maintain its microwave antenna and related equipment on the roof of the Building that are existing and in place So long as of the date of this Lease it (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”i) shall be subject to the prior written consent of Landlord, such consent to be given or withheld in does not impact Landlord’s sole discretion. Tenant’s shall comply with the following terms roof warranty and conditions with respect to the Existing Antenna and any Antenna Changes (collectively, the “Equipment”): (aii) the Equipment shall be in conformity complies with all applicable zoning and other laws, (b) with respect to the Antenna Changesrules and regulations, 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roofTenant, at LandlordTenant’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 installs the Equipment. Tenant , shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having have access to the roof of the BuildingBuilding in designated areas mutually agreed upon for the purpose of installation of microwave satellite e.g., except satellite television/video conferencing enabling equipment) antenna and other communications devices (the “Roof Equipment”). Notwithstanding the foregoing, all such Roof Equipment shall be for the sole benefit of Tenant, and shall relate specifically to Tenant’s use of the Premises, and shall not be used as a switching station, amplification station or by Landlord, 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 judgment, reasonably exercised (including timing of response), unacceptable and with respect to the extent plans, specifying in detail the nature of Landlord’s objection. Tenant shall be solely responsible for all damages caused by Landlord’s gross negligence or willful misconduct. Landlord reserves its Roof Equipment, for the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the removal of all Roof Equipment and surrounding area in good order and repair and free from any hazard to person the restoration of the roof upon the expiration or property. Upon early termination of this Lease, Tenant, at its sole cost and expense, Lease Agreement unless directed in writing by Landlord otherwise. Landlord shall remove the Equipment and shall restore the roof of the Building to its condition existing prior be named as an additional insured on all Tenant insurance relating 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 Roof Equipment. All work performed by or on behalf installation, repair, replacement and modification of Tenant on the rooftop Roof Equipment shall be done under coordinated with Landlord, shall only use those approved contractors and shall be in accordance with the supervision of a representative of Landlord at such time Rules 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.Regulations set forth herein;
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Alliance Data Systems Corp)
Roof Rights. During the Lease Term, (a) Landlord shall provide Tenant shall have the right to maintain its microwave antenna and related equipment with space on the roof of the Building 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 are existing Landlord has not committed to provide such space to any other Person. Tenant acknowledges and in place as agrees that any use of the date roof space by any Tenant Party for the installation and operation of its Telecommunications Equipment shall be on a non-exclusive basis, except as to that portion of the roof space provided by Landlord to such Tenant Party as aforesaid. Tenant and, subject to the terms of Article 14 hereof, Tenant’s subtenants may use the roof space allocated to Tenant under this Lease Section 10.9 solely for such Person’s own use (the “Existing Antenna”and not for resale purposes). Any changes toThe height, modifications todiameter, or replacements design and installation of the Existing Antenna (the “Antenna Changes”) satellite dishes or other telecommunications equipment shall be subject to the prior written consent of Landlord, such consent to be given or withheld in Landlord’s sole discretionapproval, 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, repair, operation and 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 shall comply with and/or such subtenant’s cost and expense, a connection point located in 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to time; (ii) be located on that part vicinity of the roof as Landlord may from time space for Tenant and/or such subtenant to time designate away from the perimeter of the roof so as 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 visible from the street level (except that provided by Landlord without separate charge to Tenant and/or such subtenant. In no event 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 roof, at LandlordParty’s sole cost and expense); and (iii) in no manner use interfere with the use of any telecommunications or other communications transmission equipment installed on by the roof prior Landlord, licensees or other tenants or occupants of the Building other than to a de minimis extent (and Landlord agrees to use its reasonable efforts to include a covenant, similar to the time Tenant installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effectforegoing, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access each lease providing rights to the roof of the Building). All work in connection with the installation of the Telecommunications Equipment of any Tenant Party, except to the extent caused by Landlordincluding core drilling, if required, shall be performed at such Person’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep including the Equipment cost of a fire watch and surrounding area in good order and repair and free from related supervisory costs relating to any hazard to person or property. Upon termination of this Leasecore drilling, Tenant, at its sole cost and expense, shall remove the Equipment and shall 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 which shall be done under the supervision of a representative of Landlord at such time and performed in such a manner that is satisfactory and at such times as Landlord shall reasonably prescribe. References in this Section 10.9 to Landlord the Telecommunications Equipment shall be deemed to include such riser and in such a manner so as to not void any roof warranty or guarantythe electrical and telecommunication conduits therein.
Appears in 1 contract
Roof Rights. During the Lease TermWithout limiting any other provision of this Lease, Tenant Lessee shall have the non-exclusive right to maintain its microwave antenna install one satellite dish ( the "Dish") and related equipment a supplemental air conditioning unit for the Premises (the "Air Conditioner" and, together with the Dish, the "Facilities") on the roof of the Building that are existing and in place as of (including necessary connection to the date of this Lease (the “Existing Antenna”). Any changes toDemised Premises) for use by Lessee, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) provided any such installations shall be subject to the Lessor's prior written consent, which consent of Landlordshall not be unreasonably withheld, conditioned or delayed. Any 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 Facilities shall be installed in conformity accordance with all applicable zoning laws and other laws, (b) with respect building codes. Lessee shall remove such Facilities at the expiration or earlier termination of the Lease; provided Lessee shall repair any damage to the Antenna 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 roof caused by such removal. Prior to and completed in accordance with the terms and conditions of Section 15 of this Lease and with making any and all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to time; (ii) be located installations 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except Lessee shall use a roofing contractor for all work to be performed by Lessee on the roof of the Building approved by Lessor, which approval shall not be unreasonably withheld. Lessee shall furnish detailed plans and specifications for the Facilities (or any modifications thereof) to Lessor for its approval. The parties agree that Lessee's use of the rooftop of the Building is a non-exclusive use and 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 use its reasonable efforts to insure that its use of the rooftop does not impair such other person's data transmission and reception via its respective antennas and support equipment. If Lessee's construction, installation, maintenance, repair, operation or use of 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 extent caused use of the Dish causing such interference by Landlord’s gross negligence or willful misconductLessee, in which case the cost of remedying such interference shall be borne by Lessee. Landlord reserves Lessee shall secure and keep in full force and effect, from and after the right time Lessee begins construction and installation of the Facilities, such supplementary insurance with respect to grant 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 other tenants time by Lessors of buildings of similar class and licensees character in Xxxxxx County, New Jersey with respect to similar rights on or around installations. In connection with the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenantinstallation, maintenance and operation of the Facilities , Lessee, at its Lessee's sole cost and expense, will keep 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 Equipment 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 surrounding area 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 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 Facilities, in good order and repair and free from any hazard to person or propertyaccordance with the provision set forth in Article 22 hereof. Upon termination of this Lease, TenantLessee, at its sole cost and expense, shall remove promptly repair any and all damage to the Equipment and shall restore the roof rooftop or to any other part of the Building to its condition existing prior caused by the installation, maintenance and repair, operation or removal of the Facilities. Lessee shall be responsible for all costs and expense for repairs of the roof which result from Lessee's use of the roof for the construction, installation, maintenance, repair, operation and use of the Facilities. All installations made by Lessee on the rooftop or in any other part of the Building pursuant to the installation provisions of this Article 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 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 EquipmentFacilities by Lessee. Upon the expiration of the Term, ordinary wear and tear excepted. Tenant the Facilities shall further repair, be removed by Lessee at its sole cost and expense, and Lessee shall repair any damage to the rooftop or destruction caused by any other portions of the Building to substantially their condition immediately prior to Lessee's installation of the Facilities (ordinary wear and tear 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 Equipment. All work performed 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 or on behalf of Tenant Lessor on the rooftop 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 transmittal of microwaves or other 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 done 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 of the costs and expenses of such relocation). The rights granted in this Article 56 are given in connection with, and as part of the rights created under this Lease and are not separately transferable or assignable. If the supervision installation of a representative of Landlord at such time and the Facilities or act or omission relating thereto should revoke, negate or in such a any manner that is satisfactory to Landlord and in such a manner so as to not void impair or limit any roof warranty or guarantyguaranty obtained by Lessor, then Lessee shall reimburse Lessor for any loss or damage sustained or costs or expenses incurred by Lessor as a result of such impairment or limitation.
Appears in 1 contract
Samples: Agreement (Medicines Co /De)
Roof Rights. During the Lease Term, Tenant shall have the right to maintain its microwave antenna and related equipment Provided that there is space available on the roof of the Building that are existing and in place as of the date of this Lease (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove have the Equipment non-exclusive right (it being understood that Landlord may grant, extend or renew similar rights to others) to install, maintain, and shall restore from time to time replace a satellite dish and/or other communications equipment (collectively, the “Equipment”) on the roof of the Building 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 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 condition existing prior internal use and Tenant shall not grant any right to use of the Equipment to any other party (including, without limitation, any subtenant or assignee). Tenant, at Tenant’s sole cost and expense, shall obtain 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 the Equipment, ordinary wear and tear exceptedLandlord may charge the 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 further repair, at its sole cost and expense, repair any damage or destruction to the Building caused by the Tenant’s installation, maintenance, replacement, use or removal of the Equipment. All work performed 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 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 Project. 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 makes no warranty or representation that the Building or any portions thereof are suitable for the use of the Equipment, it being assumed that Tenant has satisfied itself thereof. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or on behalf asserted against Landlord arising out of Tenant on Tenant’s installation, maintenance, replacement, use or removal of 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 guarantyEquipment.
Appears in 1 contract
Roof Rights. During the Lease Term, Tenant shall have the right right, at Tenant’s sole cost and expense, to maintain its microwave install one (1) satellite dish or telecommunications antenna and related equipment on and connection (collectively, the “Rooftop Equipment”) upon the roof of the Building. Tenant's right to utilize the roof of the Building pursuant to the terms hereof shall be non-exclusive. The physical appearance and all specifications of the Rooftop Equipment shall be subject to Landlord’s approval 795344.01/WLA 377082-00004//ejs/ejs -21- 000 X. Xxxxxxxx Xxxxxxxxx [Arrowhead Pharmaceuticals, Inc.] (which shall not be unreasonably withheld, conditioned or delayed), the location of any such installation of the Rooftop Equipment shall be reasonably designated by Landlord (subject to Tenant's reasonable approval), and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall be responsible, at Tenant’s sole cost and expense, for (i) obtaining all permits or other governmental approvals required in connection with the Rooftop Equipment, (ii) repairing and maintaining and causing the Rooftop Equipment to comply with all Applicable Laws, (iii) any repairs to the roof of the Building beyond normal wear and tear resulting from Tenant's use of or access to the Rooftop Equipment, and (iv) prior to the expiration or earlier termination of the Lease, the removal of the Rooftop Equipment and all associated wiring and connections and the restoration of all affect areas to the condition existing prior to the installation thereof. In no event shall Tenant permit the Rooftop Equipment to interfere with any communications or other equipment at or servicing the Building or Project that are existing and in place exist as of the date of this Lease Tenant's installation (the “Existing Antenna”). Any changes to, modifications to, or reasonable substitutes or replacements of the Existing Antenna (the “Antenna Changes”therefor) shall be subject or with any Building Systems. Notwithstanding anything to the prior written consent of Landlordcontrary contained herein, such consent in no event shall Tenant be required to be given pay rental or withheld in Landlord’s sole discretion. Tenant’s shall comply with the following terms and conditions with respect any other fee 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to time; (ii) be located on that part use of the roof space 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Leaseprovided herein. Tenant shall indemnify, defend defend, protect, and hold harmless the Landlord harmless Parties from any and against any claimsall loss, damagescost, costsdamage, expenses or liabilities arising expense and liability (including, without limitation, court costs and reasonable attorneys' fees) incurred in connection with or arising from any cause related to Tenant’s 's installation, use, repair or maintenance (or failure any other matter relating to maintain), removal or use of in connection with the Equipment or with Tenant’s activities on or having access to the roof of the BuildingRooftop Equipment, except to the extent caused by Landlord’s gross the negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall 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 misconduct 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 or any roof warranty of its agents, employees or guarantycontractors.
Appears in 1 contract
Roof Rights. During At any time during the Lease Full Sublease Term, Tenant 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 subject to Sublessor’s reasonable approval. Such approval shall be deemed to have been granted unless prior to the expiration of the ten (10) day period immediately following Sublessor’s receipt of the request for approval, 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 provide for the proper functioning of Sublessee’s Telecommunications Equipment. At the time of the request for approval, Sublessor may require Sublessee to install screening around such Telecommunications Equipment, at Sublessee’s sole cost and expense, as reasonably designated by Sublessor. Sublessee shall be responsible for securing the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Telecommunications Equipment, and shall provide copies of such approvals and 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 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 Sublessee may be storing classified or confidential materials and information in connection with its business operations from the Subleased Premises. Accordingly, from and after delivery of 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 time of such intended entry, which entry shall at all times be 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 employees, nor any other person shall install any equipment or make other alterations to the roof without the prior written notice to Sublessee, which approval shall not be withheld if such installation and use will not interfere with the proper operation of Sublessee’s equipment on the roof and Sublessee’s security considerations. In connection with providing such consent, Sublessee shall have the right to maintain its microwave antenna review and related approve any such equipment or alterations desired to be installed or made to the roof (including make and manufacturer), designate or approve the contractor or installer performing such work, and have a representative of Sublessee accompany such contractor or installer at any time such work on the roof of the Building that are existing and in place as of the date of this Lease (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall 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 guarantybeing performed.
Appears in 1 contract
Samples: Sublease Agreement (Cymer Inc)
Roof Rights. During the Lease Term, Tenant shall have the right to install and maintain its microwave antenna and related equipment on the Building roof of the Building that are existing and in place as of the date of this Lease (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) shall be subject to the prior written consent of Landlord, such consent to be given or withheld in Landlord’s sole discretion. at 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, at Landlord’s sole cost and expense); , one (1) satellite dish, antennae and (iii) in no manner interfere with the use of any other related communications equipment installed on the roof prior to the time as permitted by Landlord for Tenant’s communications and data transmission network, provided that Tenant installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it willshall, at its sole cost and expense, maintain in force place screening around the perimeter of such satellite dish, antennae and effectrelated communications equipment, in addition the design and location of which shall be subject to any other insurance requirements of this LeaseLandlord's approval, insurance (such insurance to provide coverage for both Landlord and Tenantwhich approval shall not be unreasonably withheld, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claimsconditioned or delayed. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves also have the right to grant to other tenants install and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenantremove, 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 the Premises. Such equipment, dish, cabling and conduit shall be at locations designated by Landlord, provided that such locations will keep allow Tenant to transmit and receive reception without interference (“Interference Free Location”). If from time to time a location designated by Landlord, 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 Equipment maintenance, repair, insurance obligations and surrounding area in good order liability, with respect to such equipment and repair dish, shall be borne completely by Tenant, although such use of space on the roof and free from for the cabling and conduit shall be without any hazard cost to person or propertyTenant. Upon expiration or earlier termination of this Lease, TenantTenant shall remove, at its Tenant’s sole cost and expense, all equipment, cabling and conduit installed pursuant to this Article 17 and repair any damage caused by such removal. Landlord shall remove the Equipment and not install equipment, nor shall restore the roof Landlord permit any tenant to install any equipment, which will interfere with any of Tenant’s then existing (as of the Building to its condition existing prior to the installation date of the Equipment, ordinary wear installation) communications equipment provided Tenant’s equipment is operating in accordance with all Laws 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 guarantymanufacturer specifications.
Appears in 1 contract
Samples: Office Building Lease (Premiere Global Services, Inc.)
Roof Rights. During the Lease TermTerm (as it may be extended), Tenant shall have the right to maintain its microwave antenna install and related equipment maintain, on the roof of the Building that are existing and in place as of the date of this Lease (the “Existing Antenna”). Any changes toBuildings, modifications tosatellite dishes, or replacements of the Existing Antenna (the “Antenna Changes”) shall be subject to the prior written consent of Landlordtelevision antennas, 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 related receiving equipment, related cable connections and any Antenna Changes and all other related equipment (collectively, the “EquipmentSatellite Dish”): (a) the Equipment shall be in conformity with all applicable zoning and other laws, (b) with respect to the Antenna 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising required in connection with Tenant’s installationcommunications and data transmission network. Tenant shall have the right to use “risers” in the Buildings (and to install additional risers if necessary) as long as there is no adverse effect on the Building Structure or Building Systems. In addition to the foregoing, maintenance Tenant shall, at its option exercisable by a thirty (or failure 30) days’ notice to maintain)Landlord, removal or have the right to use of the Equipment or with Tenant’s activities space on or having access to the roof of the BuildingBuildings for installation of any additional HVAC equipment required by Tenant and any and all related equipment to accommodate any such additional HVAC requirements (collectively, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around “Supplemental HVAC Unit(s)”), provided that such will not adversely affect the Building Structure and/or Building Systems. The exact location of any such Satellite Dish or Supplemental HVAC Unit(s) shall be mutually acceptable to Landlord and Tenant and Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the Supplemental HVAC Unit(s), and shall provide copies of such approvals and permits to Landlord, prior to commencing any work with respect to such Satellite Dish and the Supplemental HVAC Unit(s). Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish and the Supplemental HVAC Unit(s), but in no event shall Tenant be obligated to pay Landlord any rental for that portion of the roof of the Buildings on which do not unreasonably interfere with Tenant’s rights hereunderthe Satellite Dish and the HVAC Unit shall be located. TenantFurthermore, Tenant shall, at its sole cost and expenseabsolute discretion when it deems it as necessary or appropriate to do so, will keep the Equipment and surrounding area in good order and repair and free from any hazard to person or propertymaintain the Satellite Dish and Supplemental HVAC Unit(s). Upon termination the expiration of this Leasethe Term, TenantTenant shall, at its sole cost and expenseif requested by Landlord, shall remove the Equipment Satellite Dish and shall restore Supplemental HVAC Unit(s)and repair any damage to 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 guarantyresulting therefrom.
Appears in 1 contract
Roof Rights. During the Lease Term, Tenant shall have the right to maintain its microwave antenna and related equipment on the roof of the Building that are existing and in place So long as of the date of this Lease it (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”i) shall be subject to the prior written consent of Landlord, such consent to be given or withheld in does not impact Landlord’s sole discretion. Tenant’s shall comply with the following terms roof warranty and conditions with respect to the Existing Antenna and any Antenna Changes (collectively, the “Equipment”): (aii) the Equipment shall be in conformity complies with all applicable zoning and other laws, (b) with respect to the Antenna Changesrules and regulations, 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roofTenant, at LandlordTenant’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 installs the Equipment. Tenant , shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having have access to the roof of the BuildingBuilding in designated areas mutually agreed upon for the purpose of installation of microwave satellite, except antenna and other communications devices or supplemental HVAC units (the “Roof Equipment”). 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 judgment, reasonably exercised,unacceptable and with respect to the extent plans, specifying in detail the nature of Landlord’s objection. Tenant shall be solely responsible for all damages caused by Landlord’s gross negligence or willful misconduct. Landlord reserves its Roof Equipment, for the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the removal of all Roof Equipment and surrounding area in good order and repair and free from any hazard to person the restoration of the roof upon the expiration or property. Upon early termination of this Lease, Tenant, at its sole cost and expense, Lease unless directed in writing by Landlord otherwise. Landlord shall remove the Equipment and shall restore the roof of the Building to its condition existing prior be named as an additional insured on all Tenant insurance relating 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 Roof Equipment. All work performed by or on behalf installation, repair, replacement and modification of Tenant on the rooftop Roof Equipment shall be done under coordinated with Landlord, shall only use those approved contractors and shall be in accordance with the supervision of a representative of Landlord at such time Rules and in such a manner that is satisfactory to Landlord and in such a manner so as to not void any roof warranty or guarantyRegulations set forth herein.
Appears in 1 contract
Samples: Lease (Qad Inc)
Roof Rights. During the Lease Term, Tenant shall have the right to 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 (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it willmay, at its sole cost and expense, install on the roof of the Building (i) without any supplemental rental charge by Landlord, two (2) satellite dishes OR two (2) antennae OR one (1) satellite dish and one (1) antenna, plus related communications equipment, (ii) subject to such supplemental rental charges by Landlord as are "market" charges to an office tenant for the right to install and maintain in force telecommunications equipment of the nature, number and effectsize to be installed (but not to exceed $500.00 per month), such satellite dishes, antennae and related communications equipment in addition to those contemplated by clause (i) as Landlord shall reasonably approve (the equipment described in clauses (i) and (ii) being collectively called the "SATELLITE DISH"), and/or (iii) without any other insurance requirements supplemental charge by Landlord, supplemental HVAC equipment (the "SUPPLEMENTAL HVAC EQUIPMENT"), subject to the approval by Landlord of this Leasethe Satellite Dish and Supplemental HVAC Equipment proposed to be installed by Tenant, insurance (such insurance approval not to provide coverage for both be unreasonably withheld or delayed, in each case at a specific location or locations designated by Landlord and approved by Tenant, as named insureds) which approval shall not be unreasonably withheld or delayed. Before installing the Satellite Dish and Supplemental HVAC Equipment, Tenant shall submit to Landlord for its approval, which approval shall not be unreasonably withheld, conditioned or delayed, plans and specifications which specify in detail the design, location, size, technical specifications, and frequency of the Satellite Dish and Supplemental HVAC Equipment and are sufficiently detailed to allow for the installation of the Satellite Dish and Supplemental HVAC Equipment in a good workmanlike manner and in accordance with coverage limits all applicable laws and regulations, including any restrictions applicable to the Building. Following Landlord's approval of not less than One Hundred Thousand such plans and 00/100 Dollars ($100,000.00) specifications, Tenant shall install in a good workmanlike manner, maintain, and use the Satellite Dish and Supplemental HVAC Equipment in accordance with all applicable laws and regulations, and shall obtain all permits required for roof damage claimsthe installation and operation thereof. At Landlord's option, Tenant shall screen the Satellite Dish and Supplemental HVAC Equipment with a parapet wall or other screening device complying with all applicable laws and in a manner reasonably acceptable to Landlord. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising may only use the Satellite Dish in connection with Tenant’s installation's business and may not allow any third party (other than an affiliated party) to use such Satellite Dish, maintenance (whether by sublease, license, occupancy or failure to maintain)otherwise, removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconductwithout Xxxxxxxx's prior written consent. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. TenantTenant shall, at its sole cost and expense, will keep remove the Satellite Dish and Supplemental HVAC Equipment, exclusive of wiring and cabling, within ten (10) business days after the occurrence of any of the following events: (i) the termination of Tenant's right to possess the Premises, (ii) the termination of the Lease, or (iii) the expiration of the Term. If Tenant fails to do so, Landlord may remove the Satellite Dish and Supplemental HVAC Equipment and surrounding area store or dispose of them in good order any manner Landlord deems appropriate without liability to Tenant; Tenant shall reimburse Landlord for all costs incurred by Landlord in connection therewith within thirty (30) days after Xxxxxxxx's request therefor. Tenant shall repair any damage to the Building caused by or relating to the Satellite Dish and repair Supplemental HVAC Equipment, including that which is caused by its installation, maintenance, use or removal, and free shall indemnify Landlord against any and all loss, costs and expense arising from any hazard the installation, maintenance, use or removal of the satellite dish. All work relating to person or property. Upon termination of this Lease, Tenantthe Satellite Dish and Supplemental HVAC shall, at its Tenant's sole cost and expense, shall remove be coordinated with Landlord's roofing contractor so as not to affect any warranty for the Equipment and shall restore the roof of the Building to its condition existing prior to the installation of the Equipment, ordinary wear and tear exceptedBuilding's roof. Tenant shall further repairinstall, at its sole cost operate and expense, any damage or destruction caused by maintain 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 Satellite Dish in such a manner so as not to not void unreasonably interfere with any other satellite dish, antenna, or other transmission facility on the Building's roof warranty or guarantyin the Building.
Appears in 1 contract
Samples: Basic Lease (Inet Technologies Inc)
Roof Rights. During the Lease TermLandlord shall make available to Tenant, Tenant shall have the right to maintain its microwave antenna and related equipment at no charge, an area on the roof of the Building that are existing and in place sufficient to accommodate communications equipment located on the roof as of the date 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 this Lease any satellite dish is not larger than 36 inches (the “Existing AntennaEquipment”). Any changes to, modifications to, or replacements ) and the HVAC system located on the roof as of the Existing Antenna (Execution Date and will permit Tenant to install cables between the “Antenna Changes”) 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 subject to the prior written consent of Landlord’s approval, such consent approval not to be given unreasonably withheld, conditioned or withheld in Landlord’s sole discretiondelayed, and that of the jurisdiction governing the Building and the Property. Tenant’s shall comply Notwithstanding anything to the contrary contained herein, Landlord will reasonably designate where the Equipment will be located on the roof or site and Tenant will be responsible for all costs associated with the following terms installation, maintenance 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 Changes, Landlord must first approve the size of, location of, and specifications for the Antenna Changes, and (c) the location, installation and maintenance removal of the Equipment on the Expiration Date or earlier termination of the Lease. Tenant also agrees to comply with all reasonable requirements of Landlord’s roofing consultant in connection with the installation of any Equipment and shall be responsible for any cost incurred by Landlord in connection with reviewing and/or supervising the installation of any Equipment and all costs associated with any damage to the roof or site area where the Equipment is attached (unless such costs are caused (i) be subject to and completed in accordance by third parties unaffiliated with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental lawsor unauthorized by Tenant or its employees, codesagents or contractors, rules, regulations and ordinances in effect from time to time; or (ii) be located on that part of by 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconductmisconduct of Landlord or its employees, agents or contractors). Tenant will indemnify Landlord reserves in the right to grant to other tenants and licensees similar rights on or around event that any of the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenantemployees, at its sole cost and expenseagents or vendors are injured in the installation, will keep maintenance or accessing the Equipment and surrounding 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 remove the Equipment and shall restore by entrance onto 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 (unless such injuries are caused by third parties unaffiliated with or unauthorized by Tenant or by the removal of the Equipment. All work performed by gross negligence or on behalf of Tenant on the rooftop shall be done under the supervision of a representative willful misconduct 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 guarantyits employees, agents or contractors).
Appears in 1 contract
Roof Rights. During Subject to the Lease Termsatisfaction, in Landlord's reasonable judgment, of all of the conditions set forth in this Section, Tenant shall have the right to maintain its microwave antenna use throughout the Lease Term (including any extensions thereof) a reasonable portion of the roof area, at no additional rental cost, to install and related maintain, at Tenant's sole expense, reasonable amounts and types of equipment (a) to support Tenant's Telecommunications Services (the "Communications Equipment"), and/or (b) supplemental HVAC equipment ("HVAC Equipment") on the roof roofs of the Building that are existing and Buildings for use in place connection with Tenant's business in the Premises. Notwithstanding anything in this Section to the contrary, Tenant shall not be permitted to install the Communications Equipment and/or HV AC Equipment, as applicable, unless (i) Tenant's Communications Equipment and/or HVAC Equipment, as applicable, shall not interfere with any other satellite dish or antenna of any other current tenant in the Buildings as of the date of this Lease Lease~ (ii) (A) such Communications Equipment conforms to the specifications and requirements set forth in the drawings and specifications prepared by a licensed professional (the “Existing Antenna”"Communications Equipment Drawings"). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) which Communications Equipment Drawings shall be subject to the prior written consent approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and/or (B) such consent to be given or withheld in Landlord’s sole discretion. Tenant’s shall comply with the following terms and conditions with respect HV AC Equipment conforms to the Existing Antenna specifications and any Antenna Changes (collectively, requirements set forth in the “Equipment”): (a) the Equipment shall be in conformity with all applicable zoning and other laws, (b) with respect to the Antenna Changes, Landlord must first approve the size of, location of, drawings and specifications for prepared by a licensed professional (the Antenna Changes"HVAC Equipment Drawings"), and (c) the location, installation and maintenance of the which HVAC Equipment Drawings shall (i) be subject to and completed in accordance with the terms and conditions prior written approval of Section 15 of this Lease and with any and all applicable governmental lawsLandlord, codeswhich approval shall not be unreasonably withheld, rulesconditioned or delayed, regulations and 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 roof, 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 installs the Equipment. Tenant Landlord approves, which approval shall not be obligated to pay any additional rent for unreasonably conditioned, withheld or delayed, the size, capacity, power, location and proposed placement and method of installation of such use of the roof. During the Lease TermCommunications Equipment and/or HV AC Equipment, as applicable, an4 (iv) Tenant warrants that it willobtains, at its sole cost and expense, maintain and provides copies to Landlord of all necessary governmental permits and approvals, including, without limitation, special exception permits, if applicable, for the installation of the Communications Equipment and/or HVAC Equipment, as applicable, upon the Buildings. Tenant, at Landlord's discretion, shall cause the Communications Equipment and/or HVAC Equipment, as applicable, to be painted in force a nonmetallic paint to match the materials on the roof. In addition, Tenant· shall not be permitted to install the Communications Equipment and/or HV AC Equipment, as applicable, unless (I) Tenant contracts with Landlord's roofing contractor to retain the warranties and effectguaranties for the roofs to the extent that Landlord will lose the warranties and guaranties with respect to the roofs, 30 (II) Landlord approves, in writing, any such effect on the Buildings' Structure or Buildings' Systems or any such structural alteration, which approval may be granted or withheld by Landlord in its reasonable discretion, and (III) Tenant pays the cost of any structural support or alterations necessary to secure the Communications Equipment and/or HVAC Equipment, as applicable, to the Buildings. The Communications Equipment and/or HVAC Equipment, as applicable, shall be installed by a contractor reasonably acceptable to both Landlord and Tenant and thereafter shall be properly maintained by Tenant, all at Tenant's sole expense. On or prior to the expiration or earlier termination of the Lease Term (or the earlier termination of this Lease with respect to either Building), unless otherwise specifically designated to remain on the Premises by Landlord at the time of Landlord's approval thereof, the Communications Equipment and the HVAC Equipment shall be removed from the roof(s) of the applicable Building(s) at Tenant's sole cost and expense and those portions of the roofs of the Buildings that have been affected by the Communications Equipment and the HV AC Equipment shall be returned to the condition they were in prior to the installation of the Communications Equipment and the BVAC Equipment. Tenant shall pay all subscription fees, usage charges and hookup and disconnection fees associated with Tenant's use of the Communications Equipment and/or HV AC Equipment, as applicable, and Landlord shall have no liability therefor. 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 and the HVAC Equipment. Except as shown on the Communications Equipment Drawings and/or HVAC Equipment Drawings, as applicable, as reasonably approved by Landlord, Tenant shall not make any modification to the design, structure or systems ofthe Buildings required in connection with the installation of the Communications Equipment and/or HV AC Equipment, as applicable, without Landlord's prior written approval of such modification and the plans therefor, which approval may be granted, conditioned or withheld by Landlord in its reasonable discretion. Tenant agrees that, in addition to any other insurance requirements of indemnification provided Landlord in this Lease, insurance (such insurance to provide coverage for both Tenant shall indemnify and shall hold Landlord and TenantLandlord's managing agent, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnifytheir employees, defend shareholders, partners, officers and hold Landlord directors, harmless from and against any claimsall costs, damages, costsclaims, liabilities and expenses (including attorneys' fees and any costs of litigation) suffered by or liabilities claimed against Landlord, directly or indirectly, based on, arising in connection with out of or resulting from Tenant’s installation, maintenance (or failure to maintain), removal or 's use of the Communications Equipment, the HV AC Equipment or with Tenant’s activities on or having and/or access to .the roof (including, without limitation, Emergency Roof Access (defined below)), as applicable, and/or the roof conduits to connect the Premises to the Communications Equipment and/or the BVAC Equipment, as applicable. In addition, Tenant shall be liable to Landlord for any actual damages suffered by Landlord for any cessation or shortages of electrical power or any other systems failure arising from Tenant's use of the Building, except conduits to connect the Premises to the extent caused by Landlord’s gross negligence Communications Equipment and/or HV AC Equipment, as applicable. The terms of the two immediately preceding sentences will survive the expiration or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereundertermination of this Lease. Tenant, at its sole cost and 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 and/or BVAC Equipment, as applicable. In the event Tenant is unable to obtain the necessary approvals and permits from any applicable party, including federal, state, county or other local governing authorities for the Communications Equipment and/or HV AC Equipment, as applicable, 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. Landlord makes no representations or warranties concerning the suitability of the roofs of the Buildings for the installation operation, maintenance and repair of the Communications Equipment and/or HV AC Equipment, as applicable, Tenant having satisfied itself concerning such matters. Tenant's access to the roof 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 agreement to reimburse Landlord for costs incurred by Landlord to make Landlord's representative available to accompany Tenant if after normal business hours. Notwithstanding the preceding sentence, solely in the event of an emergency after normal business hours and if a building engineer is not then reasonably available, then provided that Tenant has given notice to Landlord that it intends to access the access the roof without being accompanied (which notice may be telephonic) Tenant shall have the right to access the roof of a Building without being accompanied for the sole purpose of remedying such emergency ("Emergencv Roof Access"). Upon at least thirty (30) days' prior written notice to Tenant, Landlord shall have the right to require Tenant to relocate the Communications Equipment and/or BVAC Equipment, as applicable, if in Landlord's opinion the Communications Equipment and/or HV AC Equipment, as applicable, is interfering with any other satellite dish or antenna of any other tenant in the Buildings occupying a portion of the Buildings as of the Effective Date. Landlord shall use commercially reasonable efforts to cause any other tenant's communication equipment and/or HVAC equipment installed after Tenant's Communication Equipment that is interfering with Tenant's Communications Equipment to promptly relocate the same or otherwise cease such interference. In all events 31 Tenant will keep the reasonably cooperate to initially locate all Communication Equipment and surrounding area HV AC Equipment in good order a manner that will reasonably limit the potential interference with any other communication or HV AC equipment on the roof; and repair and free from accordingly, Landlord shall use reasonable efforts to cause any hazard other tenant installing communication or HVAC equipment· on the roof to person initially locate the same in a manner that will minimize the potential interference. Nothing in this Section shall be construed as granting Tenant any line of sight easement with respect to such Communications Equipment and/or HV AC Equipment, as applicable. By granting Tenant the rights under this Section, Landlord makes no representation as to the legality of such Communications Equipment and/or HV AC Equipment, as applicable, or propertyits/their installation. Upon termination In the event that any federal, state, county, regulatory or other authority requires the removal or relocation of this Leasesuch Communications Equipment and/or HV AC Equipment, as applicable, Tenant shall remove or relocate the same at Tenant, at its 's sole cost and expense, and Landlord shall remove under no circumstances be liable to Tenant therefor. The Communications Equipment and/or HV AC Equipment, as applicable, may be used by Tenant only in the Equipment conduct ofTen ant's customary business in the Premises and shall restore not be made available by Tenant for use by any other tenant in the Buildings or unrelated parties (e.g., a cellular telecommunications provider). No assignee or subtenant (other than a Permitted Transferee) or any other tenant in the Buildings shall have any rights pursuant to this Section, except that any approved sublessee or assignee of Tenant that occupies more than twenty thousand (20,000) rentable square feet of the Premises shall have the benefit of Ten ant's express rights under the terms of this Section 25(t) (but in no event will any subtenant or assignee have the right to install telecommunications equipment for unrelated parties. Landlord and Tenant agree that Tenant's rights under the terms of this Section 25(t) to access the roof of the "Buildings" applies to both Buildings so long as Tenant is leasing space in both Buildings, but if Tenant is only leasing space in one (1) Building, then "Buildings" hereunder is deemed to mean the one (1) specific Building to its condition existing prior in which Tenant is leasing space. Except as expressly set forth to the installation contrary, the provisions of the Equipmentthis Section 25(t) are personal to Ciena Corporation and any Permitted Transferee that has assumed in writing all of Ciena Corporation's obligations under this Lease in its entirety, ordinary wear and tear exceptedmay be exercised only by Ciena Corporation and such Permitted Transferee and not by any assignee or other subtenant of Ciena Corporation. 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.(u)
Appears in 1 contract
Samples: HTM Lease Agreement
Roof Rights. During the Lease Term, Tenant shall have the exclusive right to maintain its microwave install a satellite dish, antenna and related equipment and/or solar panels (collectively, “Roof Equipment”) on the roof of the Building that are existing at such locations to be designated by Tenant and reasonably approved by Landlord and in place as of the date of this Lease (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) shall be subject a manner not 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 impair any warranty obtained by Landlord with respect to the Existing Antenna and any Antenna Changes (collectively, roof of the “Equipment”): (a) Building. Tenant’s use of the Equipment roof under this Section 41 shall be in conformity with all applicable zoning and other lawsat no additional charge to Tenant. Prior to such installation, (b) Tenant shall obtain Landlord’s reasonable written approval with respect to the Antenna Changes, Landlord must first approve the size of, location ofand design of such Roof Equipment, and specifications for the Antenna Changes, such installation shall be at Tenant’s sole expense and (c) the location, installation and maintenance of the Equipment shall (i) be subject to and completed in accordance with all reasonable requirements and criteria imposed by Landlord in connection therewith (including, without limitation, confirmation that such installation will not impair the terms and conditions rights of Section 15 Landlord under any warranty for the roof of this Lease and with the Building). Prior to the installation of any Roof Equipment, Tenant shall cause to be performed all responsible inspections relating to the installation of the Roof Equipment (including, without limitation, inspections as to the structural capabilities of the roof of the Building). Tenant shall pay for any and all applicable governmental lawscosts and expenses in connection with the installation, codesmaintenance, rules, regulations use and ordinances in effect from time to time; (ii) be located on that part removal 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 Roof Equipment from time to time cause Tenant to relocate such Equipment to another portion of the roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold harmless Landlord harmless from and against for any claims, losses, liabilities, damages (excluding consequential damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Buildingcosts and expenses (including without limitation, except reasonable attorneys’ fees) to the extent caused by Landlord’s gross negligence directly resulting from the installation of such Roof Equipment (including, without limitation, the repair of any damage to the structure or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall restore the roof of the Building to its condition existing prior the extent attributable to the installation Roof Equipment). Without limiting the generality of the Equipmentforegoing, ordinary wear Tenant shall pay all costs relating to connections from such Roof Equipment to the Premises and tear exceptedany reinforcement of, or resulting damage to, the roof. Tenant shall further be obligated to maintain such Roof Equipment in good condition and repair. Landlord shall be entitled to move such Roof Equipment to a different location on the roof from time to time so long as Landlord pays all costs incurred in connection with any such move. Tenant acknowledges that Landlord has made no representation or warranty to Tenant to the effect that transmission or reception by such Roof Equipment will not be interfered with by other antennas or other structures or activities on or in the vicinity of the roof. Tenant’s installation and use rights under this Section 41 shall only apply with respect to the use of such Roof Equipment in connection with Tenant’s operations in the Premises (as opposed to, e.g., a lease or license of such Roof Equipment by Tenant to any third party). On or before the expiration or earlier termination of this Lease, Tenant shall, at its Tenant’s sole cost and expense, remove such Roof Equipment and repair any damage or destruction to the Building 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 guarantyremoval.
Appears in 1 contract
Roof Rights. During the Lease TermWithout limiting any other provision of this Lease, Tenant shall have the non-exclusive right to maintain its microwave antenna and related equipment install one satellite dish (collectively, the “Dish”) not to exceed 36 inches in diameter on the roof of the Building that are existing and in place as of (including necessary connection to the date of this Lease (the “Existing Antenna”). Any changes toPremises) for use by Tenant, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) provided any such installations shall be subject to the prior written consent of Landlord, such consent to be given or withheld in Landlord’s sole discretionprior consent, which consent shall not be unreasonably withheld, conditioned or delayed. 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 Any such facilities shall be installed in conformity accordance with all applicable zoning laws and other laws, (b) with respect building codes. The Dish shall be screened to the Antenna 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipmentreasonable satisfaction. Tenant shall not be obligated to pay any additional rent for remove such use facilities at the expiration or earlier termination of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. ; provided Tenant shall furnish Landlord with a copy of repair any damage to the roof caused by such insurance policy or a certificate thereof upon Tenant’s execution of this Leaseremoval. Tenant shall indemnify, defend and hold Landlord harmless from and against Prior to making any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities installations on or having access to the roof of the Building, except Tenant shall use a roofing contractor for all work to be performed by Tenant on the roof of the Building approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall furnish detailed plans and specifications for the Dish (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 other satellite dishes, antennas and support equipment. Tenant shall use its reasonable efforts to ensure that its use of the 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 extent caused 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 gross negligence 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 willful misconduct. repairing the Dish, Tenant shall have access to the rooftop of the Building, upon reasonable notice to Landlord, and Landlord reserves shall have the right to grant require, as a condition to such access, that Tenant (or its employee, contractor or other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with representative) at all times be accompanied by a representative of Landlord. Tenant shall pay for all electrical service required for Tenant’s rights hereunderuse of the Dish, in accordance with the provision set forth in Exhibit H hereof. Tenant, at its sole cost and expense, will keep shall promptly repair any and all damage to the Equipment rooftop or to any other part of the Building caused by the installation, maintenance and surrounding area repair, operation or removal of the Dish. Tenant shall be responsible for all costs and expense for repairs of the roof which result from Tenant’s use of the roof for the construction, installation, maintenance, repair, operation and use of the Dish. All installations made by Tenant on the rooftop or in good order any other part of the Building pursuant to the provisions of this Article 35 shall be at the sole risk of Tenant, and repair and free from neither Landlord, nor any hazard agent or employee of Landlord, shall be responsible or liable for any injury or damage to, or arising out of, the Dish. Tenant’s indemnity under Article 23 shall apply with respect to person the installation, maintenance, operations, presence or propertyremoval of the Dish by Tenant. Upon termination the expiration of this Leasethe Term, Tenant, the Dish shall be removed by Tenant at its sole cost and expense, and Tenant shall remove repair any damage to the Equipment and shall restore the roof rooftop or any other portions of the Building to its substantially their condition existing immediately prior to the Tenant’s installation of the Equipment, Dish (ordinary wear and tear excepted). Tenant Notwithstanding anything to the contrary contained in this Article 35, Landlord shall further repairhave the right, at its sole cost and Landlord’s expense, any damage or destruction caused by 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 Equipment. All work performed 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 or on behalf of Tenant Landlord on the rooftop 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 transmittal of microwaves or other 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 done 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 of the costs and expenses of such relocation). The rights granted in this Article 35 are given in connection with, and as part of the rights created under this Lease and are not separately transferable or assignable. If the supervision installation of a representative of Landlord at such time and the Dish or act or omission relating thereto should revoke, negate or in such a any manner that is satisfactory to Landlord and in such a manner so as to not void impair or limit any roof warranty or guarantyguaranty obtained by Landlord, then Tenant shall reimburse Landlord for any loss or damage sustained or costs or expenses incurred by Landlord as a result of such impairment or limitation.
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Roof Rights. During the Lease Term, Tenant shall have the non-exclusive right to maintain its microwave antenna and related equipment on use the roof and the shaft and mechanical areas of the Building that are existing to install, operate, maintain, repair and in place as of remove the date of this Lease (the “Existing Antenna”). Any changes toDish System, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) shall be subject to the prior written consent of Landlord, such consent to be given or withheld in Landlordat Tenant’s sole discretioncost and expense in order to provide support for the operation of Tenant’s business at the Premises and for no other use or purpose. Tenant’s installation, operation, maintenance, repair and removal of the Dish System shall comply be in accordance with all terms of this Lease, including but not limited to Tenant’s Construction Procedures, as well as the following terms and conditions with respect to the Existing Antenna and any Antenna Changes (collectively, the “Equipment”): conditions: (a) such installation shall not violate Landlord’s roof warranty for the Equipment shall be in conformity with all applicable zoning and other laws, Building; (b) with respect to if requested by Landlord, Tenant shall screen the Antenna Changes, Landlord must first approve Dish System in a commercially reasonable manner so the size of, location of, and specifications for same is not visible from the Antenna Changes, Common Area; and (c) the location, installation Tenant shall secure all necessary consents and maintenance of the Equipment shall (i) be subject to and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and approvals from all applicable governmental lawsauthorities to construct, codesoperate, rules, regulations maintain and ordinances in effect from time to time; (ii) be located on that part of remove 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 roof, 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 installs the EquipmentDish System. Tenant shall submit written plans depicting the size, location and manner of installation of the Dish System to Landlord for Landlord’s prior review and consent, which consent shall not be obligated to pay any additional rent for such use of the roof. During the Lease Termunreasonably withheld, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claimsconditioned or delayed. Tenant shall furnish Landlord with a copy be responsible for the cost of such insurance policy or a certificate thereof upon installation, operation, maintenance, repair and removal of the Dish System. Tenant’s execution of Dish System shall be considered Tenant’s property for all purposes under this Lease. Tenant shall indemnifydefend, defend indemnify and hold harmless Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s be solely responsible for the installation, maintenance (or failure to maintain), removal or use and repair of the Equipment Dish System and any liability arising from the installation, existence or with Tenant’s activities on or having access to the roof maintenance of the BuildingDish System, except to the extent caused by Landlord or its agents, employees, or contractors have acted in a negligent or intentional misconduct manner. The Dish Area on which the Dish System is installed shall be considered part of the Premises for purposes of Tenant’s maintenance, indemnity and insurance obligations under this Lease, except to the extent of Landlord’s gross negligence general responsibility for the roof under this Lease. Tenant shall pay all personal property taxes of any kind or willful misconductnature whatsoever levied upon the Dish System and all licensing fees, franchise taxes and other charges, expenses and other costs of any nature whatsoever relating to the 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 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 ensure that the Dish System shall not unreasonably interfere with the operation of any other communications, electric or other equipment at the Building. Landlord reserves the right to grant to use or license other tenants and licensees similar rights on or around portions of the Building roof which do for any other purpose, communications or otherwise, but shall use commercially reasonable efforts to not unreasonably interfere with the operation of Tenant’s rights hereunderDish System. Landlord 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 its sole cost and expense, will keep the Equipment and surrounding area in good order and repair and free from any hazard to person or property. Upon upon termination of this Lease, Tenantvacation of the Premises, at its sole cost and expenseor the removal or Alteration of the Dish System for any reason, shall remove be responsible for the Equipment and shall restore repair and/or replacement of the roof and surface of the Building to its condition existing prior to where 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 Dish System is satisfactory to Landlord and in such a manner so as to not void any roof warranty or guarantyattached.
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Roof Rights. During the Term of the Lease Term(as it may be extended), Tenant shall have the right (without the payment of rent) to maintain its microwave antenna install and maintain, on the roof of the Building, satellite, dishes, television antennas, related receiving equipment, related cable connections and any and all other related equipment (collectively, “Satellite Dish”) required in connection with Tenant’s communications and data transmission network. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building that are existing for Tenant’s additional HVAC equipment and in place as of the date of this Lease any and all related equipment to accommodate Tenant’s excess HVAC requirements (the collectively, “Existing AntennaHVAC Unit”). Any changes toFurthermore, modifications to, the exact location of any such Satellite Dish or replacements of the Existing Antenna (the “Antenna Changes”) HVAC Unit shall be subject mutually acceptable to the prior written consent of Landlord, such consent to be given or withheld in Landlord’s sole discretion. Tenant’s both Landlord and Tenant and Tenant 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roofhave secured, at LandlordTenant’s sole cost and expense); , the approval of all governmental authorities and (iii) in no manner interfere with all permits required by governmental authorities having jurisdiction over such approvals and permits for the use Satellite Dish and the HVAC Unit, and shall provide copies of any other communications equipment installed on the roof such approvals and permits to Landlord, prior to commencing any work with respect to such Satellite Dish and the time Tenant installs the EquipmentHVAC Unit. Tenant shall not be permitted to alter its Satellite Dish in connection with technological upgrades, in accordance with General Condition A. Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any additional rent rental for such use that portion of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall restore the roof of the Building to its condition existing prior to on which the installation of Satellite Dish and the EquipmentHVAC Unit shall be located. Furthermore, ordinary wear and tear excepted. Tenant shall further repairshall, at its sole cost and expenseabsolute discretion when it deems it as necessary or appropriate to do so, repair and maintain the Satellite Di sh and the HVAC Unit. Upon the expiration of the Term or the termination of the Lease, Tenant shall remove the Satellite Dish and the HVAC Unit and repair any damage or destruction caused by to 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 guarantyresulting therefrom.
Appears in 1 contract
Samples: Lease Agreement (Ikos Systems Inc)
Roof Rights. During the Term of the Lease Term(as it may be extended), Tenant shall have the right to maintain its microwave antenna install and maintain, on the roof of the Building, microwaves, satellite dishes, television antennas, related receiving equipment., related cable connections and any and all other related equipment (collectively, “Satellite Dish”) required in connection with Tenant’s communications and data transmission network and further, Tenant shall have the right to construct and maintain a patio area on the roof of the Building that are existing and in place as of the date of this Lease (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna ChangesPatio Area”) provided that the design shall be subject to the prior written consent of approval by Landlord, which shall not be withheld unless a Design Problem exists. Prior to any such consent to be given or withheld in Landlord’s sole discretion. installation of any satellite dish by Tenant’s , Tenant 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 Changes, Landlord must first approve the size of, location of, furnish detailed plans and specifications for the Antenna Changesinstallation, including the proposed location and method of attachment, to Landlord for approval, which approval shall not be withheld unless a Design Problem exists. Any such installation shall be attractively screened as may be required by Landlord or applicable governmental requirements. If reasonably requested by Landlord, a roofing company acceptable to Landlord shall at Tenant’s expense install an appropriate base upon which Tenant’s installation shall be mounted. All aspects and phases of Tenant’s installation, including any antenna or camera, and (c) the locationany associated electronic or other equipment, installation wiring, conduit, roof mount and maintenance of the Equipment base, shall (i) at all times be subject to approval by Landlord not to be withheld unless a Design Problem exists. All approval and completed supervision rights of Landlord are intended solely to protect Landlord’s interests; Landlord shall have no obligation to Tenant to exercise any such power of supervision or approval. If Landlord fails to respond to a request for approval submitted in accordance with writing by Tenant within ten (10) business days of the terms request for approval, Landlord shall be deemed to have granted its approval. Tenant shall be responsible for procuring prior to any installation and conditions of Section 15 of this Lease and with maintaining in force at all times thereafter any and all applicable governmental lawsconsents, codesapprovals, ruleslicenses and permits as may be required for the lawful installation, regulations use and ordinances in effect from time operation of Tenant’s system. Landlord makes no warranties or representations as 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 permissibility or efficacy of any portion of such Equipment from time installation by Tenant. Tenant shall have the right to time cause use “risers” in the Building (and to install additional risers if necessary) as long as there is no adverse affect on the Building Structure or Building System. In addition to the foregoing, Tenant to relocate such Equipment to another portion of the roofshall, at its option exercisable by a thirty (30) days’ notice to Landlord’s sole cost and expense); and (iii) in no manner interfere with , have the right to use of any other communications equipment installed additional space on the roof of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). The proposed construction and installation and general appearance of the Satellite Dish and HVAC Unit shall be installed and maintained in compliance with Applicable Laws. Furthermore, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to Landlord and Tenant and Tenant shall have secured any necessary approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits to Landlord (if any), prior to commencing any work with respect to such Satellite Dish and the time Tenant installs the EquipmentHVAC Unit. Tenant shall not pay for any and all costs and expenses in connection with the installation, approval, maintenance, use and removal of the Satellite Dish, Patio Area and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any additional rent rental for such use that portion of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the BuildingBuilding on which the Satellite Dish, except to the extent caused by Landlord’s gross negligence or willful misconductPatio Area and the HVAC Unit shall be located. Landlord reserves Furthermore, Tenant shall repair and maintain the right to grant to other tenants Satellite Dish and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding area HVAC Unit in good order and repair at all times and free from any hazard shall repair and restore the Roof at the end of the Tenn. Any installations and the roof area on which they are located shall be deemed to person or property. Upon termination be part of the Premises for purposes of Tenant’s insurance and indemnification obligations under this Lease, Tenant, at its sole cost and expense, shall remove the Equipment and shall restore . The right to use the roof shall be exclusive to Tenant or its permitted assignees or subtenants only (subject to all existing leases and options as of the Building Commencement Date) but Landlord may continue to its condition existing prior use the roof to the installation of extent necessary to provide services and utilities to 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 guarantyBuilding.
Appears in 1 contract
Samples: Sublease Agreement (Responsys Inc)
Roof Rights. During (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 Lease TermRoof 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 shall have may install, maintain and operate, at Tenant’s sole cost and expense, satellite dishes, antennas and other telecommunications equipment and infrastructure (collectively, the right to maintain its microwave antenna and related equipment on “Roof Equipment”) in the area of the roof of the Building that are existing and in place shown on the plan attached hereto as of the date of this Lease (the “Existing Antenna”). Any changes toExhibit O, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) shall be subject to relocation as provided in this Article 12 or as agreed by the prior written consent of Landlord, such consent to be given or withheld in Landlord’s sole discretionparties. Tenant’s Tenant shall comply with have 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roofright, at LandlordTenant’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 (iii) in no manner interfere with future needs of other then existing and future occupants and other needs of the use Building. The size of any other communications equipment installed the Roof Equipment, and the location thereof on the roof prior to the time Tenant installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities structure provided therefor on or having access to the roof of the Building, except shall be subject to Landlord’s approval, not to be unreasonably withheld, delayed or conditioned; provided that Tenant shall be entitled to use for the installation, maintenance and operation of the Roof 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 extent caused by Landlord’s gross negligence or willful misconducttotal amount of space in the Building, on a rentable square foot basis. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant acknowledges that (i) Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding area in good order and repair and free from any hazard to person or property. Upon termination use of this Lease, Tenant, at its sole cost and expense, shall remove the Equipment and shall restore the roof of the Building is a non-exclusive use and Landlord may permit any person or entity to its condition existing prior to use any other portion of the roof of the Building for any use; (ii) the installation of the Roof Equipment shall be deemed to 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 installation of the Roof Equipment, ordinary wear and tear excepted. Tenant shall further repairshall, prior to any installation of the Roof Equipment, perform the same at its 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 12.01, 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 including, without limitation, any damage or destruction caused by the removal of the Equipment. All work performed by or on behalf of Tenant on the rooftop requirement to install screening surrounding such installations, and shall be done under the supervision of a representative of Landlord at such time procure 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.maintain all necessary
Appears in 1 contract
Samples: Lease (Coach Inc)
Roof Rights. During the Lease Term, Tenant shall have the right to maintain its microwave antenna install, operate and related maintain, at Tenant’s sole cost and expense, (a) communications equipment on the roof of the Building that are existing and in place as of the date of this Lease (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) 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 “Communications Equipment”): (a) the Equipment shall approved by Landlord, such approval not to be in conformity with all applicable zoning unreasonably withheld, conditioned or delayed; and other laws, (b) with respect wiring and cabling to the Antenna Changes, Landlord must first approve extent necessary to connect the size of, location of, Communications Equipment with the Premises and specifications for the Antenna Changes, applicable telecommunications and utility providers (cthe “Cabling”); provided that (i) the locationinstallation, installation operation and maintenance of the Communications Equipment and Cabling shall comply in all respects with all applicable laws, rules and regulations, the CC&Rs and the terms of this Lease; and (iii) the Communications Equipment and Cabling shall be subject installed in specific locations reasonably designated by Landlord. Before installing the Communications Equipment and Cabling, Tenant shall submit to Landlord for its approval, which approval shall not be unreasonably withheld, conditioned or delayed, the contractors who will perform the work and completed the plans and specifications which specify in detail the design, location, size, technical specifications, method of installation and frequency of the Communications Equipment and Cabling and are sufficiently detailed to allow for the installation of the Communications Equipment and Cabling in a good workmanlike manner and in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, rules and regulations and 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 CC&Rs. Following Landlord’s approval of such plans and specifications and the contractors, Tenant shall install in a good workmanlike manner, maintain, and use the Communications Equipment from time to time cause and Cabling in accordance with all applicable laws, rules and regulations and the CC&Rs, and shall obtain and maintain all permits and licenses required for the installation and operation thereof. Tenant to relocate such may only use the Communications Equipment to another portion of and Cabling in connection with Tenant’s business at the roofPremises, 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 installs the Equipment. Tenant shall not be obligated allow any third party not occupying space in the Premises to pay any additional rent for use such use of the roofCommunications Equipment or Cabling, without Landlord’s prior written consent. During the Lease Term, Tenant warrants that it willshall, at its sole cost and expense, maintain in force remove the Communications Equipment and effectthe Cabling, in addition within thirty (30) days after the occurrence of any of the following events: (i) the termination of Tenant’s right to any other insurance requirements possess the Premises, (ii) the termination of this Lease, insurance or (iii) the expiration of the Lease Term, or (iv) Tenant defaults under this Paragraph 5 and such insurance default is not cured within any applicable notice and cure period. If Tenant fails to provide coverage do so, Landlord may remove the Communications Equipment and Cabling and store or dispose of it in any manner Landlord deems appropriate without liability to Tenant; Tenant shall reimburse Landlord for both all costs incurred by Landlord and Tenant, as named insuredsin connection therewith within thirty (30) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claimsdays after Landlord’s request therefor. Tenant shall furnish Landlord with a copy of such insurance policy repair any damage to the Project caused by or a certificate thereof upon Tenant’s execution of this Lease. Tenant relating to the Communications Equipment and Cabling, including that which is caused by its installation, maintenance, use or removal, and shall indemnifydefend, defend indemnify and hold harmless Landlord harmless from and against any and all claims, demands, liabilities, causes of action, losses, damages, costsfines, penalties, costs and expenses arising from the installation, maintenance, use or liabilities arising in connection with removal of the Communications Equipment and Cabling. All work relating to the Communications Equipment and Cabling shall, at Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep be coordinated with Landlord or Landlord’s roofing contractor so as not to affect any warranty for the Equipment Building’s roof. Subject to Landlord’s reasonable rules and surrounding area in good order and repair and free from any hazard regulations (including, without limitation, Landlord’s reasonable notice requirements), Tenant shall be permitted to person or property. Upon termination of this Lease, Tenant, at its sole cost and expense, shall remove the Equipment and shall restore access the roof of the Building in order to its condition existing prior to install, repair and maintain the installation of the Equipment, ordinary wear Communications Equipment 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 guarantyCabling.
Appears in 1 contract
Samples: Office Lease (Arthrocare Corp)
Roof Rights. During the Lease Term, 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 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 maintain its microwave antenna and related equipment such rooftop access as is required to comply with Tenant's obligations hereunder. Landlord expressly reserves the right to install or permit others to install other Telecommunications Equipment on the roof of the Building that are existing and in place as 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 date of this Lease (the “Existing Antenna”)roof for Tenant's use. Any changes toTenant shall cooperate with Landlord in seeking to minimize any such interference. Tenant's installation, modifications touse, or replacements maintenance and removal of the Existing Antenna (the “Antenna Changes”) Telecommunications Equipment 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 all permits and conditions with respect to the Existing Antenna approvals applicable thereto 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of secure and maintain the roof. During the Lease Term, Tenant warrants that it will, same at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold holding Landlord harmless from any violation thereof. If reasonably required by Landlord or if mandated by any law, regulation, ordinance, covenant or restriction, Tenant shall erect and against any claims, damages, costs, expenses or liabilities arising in connection with maintain appropriate screening for the Telecommunications Equipment. Tenant’s 's installation, operation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall 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 Telecommunications Equipment shall- be subject to the Landlord's inspection and technical review, the reasonable cost of Tenant on the rooftop which 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 guarantyborne by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Itxc Corp)
Roof Rights. During A. Subject to the Lease Termterms of this Section 46, Tenant shall have the right to install, without the payment of any additional rent or licensing fees, and maintain its microwave antenna and related equipment at a location on the roof of the Building that are existing chosen by Tenant and in place as of the date of this Lease approved by Landlord (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna ChangesSatellite Area”) shall be subject certain telecommunications and related equipment, together with the cables extending from such telecommunications and related equipment 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 Premises (collectively, the “Telecommunications and Related Equipment”): (a) the Equipment shall be in conformity with ). The location, size, weight, height and all applicable zoning and other laws, (b) with respect to the Antenna Changes, Landlord must first approve the size of, location of, features and specifications for of such Telecommunications and Related Equipment and the Antenna Changes, and (c) the location, installation and maintenance manner of the Equipment initial installment of the same shall (i) be subject to and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, at Landlord’s sole cost and expense); and (iii) in no manner interfere with prior approval, which approval shall not be unreasonably withheld conditioned or delayed. Notwithstanding the use of any other communications equipment installed on the roof prior to the time Tenant installs the Equipment. foregoing, Tenant shall not be obligated entitled to pay install any additional rent for such use Telecommunications and Related Equipment (i) which occupies an area of more than approximately one hundred (100) square feet on the roof of the roof. During the Lease TermBuilding, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (ii) if such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance installation would materially adversely affect (or failure to maintain), removal or use of the Equipment or in a manner that would adversely affect) any warranty with Tenant’s activities on or having access respect to the roof of the Building, except (iii) if such installation would adversely affect (or in a manner that would materially adversely affect) the structure or any of the building systems of the Building, or if such installation would require (or in a manner that would require) any structural alteration to the extent caused by Landlord’s gross negligence Building, or willful misconduct(iv) if such installation would violate (or in a manner that would violate) any applicable federal, state or local law, rule or regulation. Landlord reserves the right to grant to other tenants Tenant shall obtain and licensees similar rights on or around the Building roof which do not unreasonably interfere with maintain at Tenant’s rights hereunderexpense, and submit to Landlord copies of, all permits and approvals relating to such Telecommunications and Related Equipment and such installation and maintenance (including, without limitation, any permit required if a crane is necessary to place such Telecommunications and Related Equipment on the roof), and shall pay all taxes and fees related thereto. TenantSuch Telecommunications and Related Equipment shall be installed, at its Tenant’s sole cost and expense, will keep by a qualified contractor chosen by Tenant and approved in advance by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. In the Equipment and surrounding area in good order and repair and free from any hazard to person or property. Upon termination event Tenant shall require penetration of this Lease, Tenant, at its sole cost and expense, shall remove the Equipment and shall restore the roof membrane of the Building to its condition existing prior to in connection with the installation of the any Telecommunication and Related Equipment, ordinary wear then Tenant shall use Landlord’s roof contractor for work with respect to such penetration of the roof membrane, and tear exceptedLandlord shall cause such contractor to charge an amount to Tenant for the performance of such work which is equal to the amount which would be payable for such work on an arm’s-length, competitive basis for the performance of such work in the Washington, D.C. metropolitan area, failing which Landlord shall be responsible for the payment of all amounts charged to Tenant by such contractor for the subject work to the extent in excess of such arm’s-length, competitive amount for performance of the subject work. Tenant shall further repairobtain Landlord’s prior consent, at which shall not be unreasonably withheld, conditioned or delayed, to the manner and time in which such installation work is to be done. Tenant shall screen the Telecommunications and Related Equipment from view from the grounds adjacent to the Building in a manner and with materials acceptable to Landlord in its sole cost reasonable discretion. The Telecommunications and expense, Related Equipment shall not be for any damage or destruction caused by purpose other than communication related to the removal operation of Tenant’s business and the business of other permitted occupants of the EquipmentPremises (and not for commercial resale purposes). All work performed by or on behalf of Tenant on the rooftop plans and specifications concerning such installation shall be done under the supervision of a representative of Landlord at such time subject to Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed and Tenant shall reimburse Landlord’s reasonable expenses incurred to third parties in such a manner that is satisfactory review. All repairs and installations required after the initial installation of the Telecommunications and Related Equipment also shall be subject to Landlord and in such a manner so as to Landlord’s prior approval, which shall not void any roof warranty be withheld, conditioned or guarantydelayed.
Appears in 1 contract
Roof Rights. During 27.1 (a) Subject to the Lease Termsatisfaction, 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, on Tenant’s proportionate share (as determined from time to time based upon the number of rentable square feet of office space Tenant is leasing in the Building from Landlord) of roof space available for tenants’ equipment (the “Rooftop Area”), the location of which shall have be mutually agreed to by Landlord and Tenant, (i) satellite dishes or antennae (collectively, the right “Communications Equipment”) on the roof of the Building, and (ii) supplemental HVAC unit(s) or other similar reasonable equipment to maintain its microwave antenna support Tenant’s use and related equipment occupancy of the Premises on the roof of the Building that are existing and in place as of the date of this Lease (collectively, the “Existing AntennaHVAC Equipment”), for use in connection with Tenant’s business in the Premises. Any changes toNotwithstanding anything in this Article to the contrary, modifications toTenant shall not be permitted to install the Communications Equipment or the HVAC Equipment unless (x) such Communications Equipment and HVAC Equipment each conforms to the specifications and requirements set forth in the drawings and specifications prepared by a licensed professional (as applicable, or replacements of the Existing Antenna (the “Antenna ChangesCommunications Equipment Drawings” and the “HVAC Equipment Drawings”) ), which Communications Equipment Drawings and HVAC Equipment Drawings shall be subject to the prior written consent approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed and (y) 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 consent Communications Equipment and HVAC Equipment (it being understood that Landlord may require, at Tenant’s expense, (I) any HVAC dry coolers that are a part of the HVAC Equipment to be given elevated on platforms, and (II) louvers or withheld undercuts to be added to the any screen wall, for purposes of air circulation). Tenant, at Landlord’s direction, shall cause the Communications Equipment and the HVAC Equipment to be painted in a nonmetallic paint to match the materials on the penthouse. In addition, if the installation of the Communications Equipment and/or the HVAC 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 and/or the HVAC Equipment, as applicable, unless Tenant obtains the approval of Landlord, in writing, which approval shall be in Landlord’s sole discretion. Tenant’s shall comply with the following terms The Communications Equipment and conditions with respect to the Existing Antenna and any Antenna Changes (collectively, the “Equipment”): (a) the HVAC Equipment shall be in conformity with installed by a contractor reasonably acceptable to Landlord and thereafter shall be properly maintained by Tenant, all applicable zoning and other laws, (b) with respect to at Tenant’s sole expense. At the Antenna Changes, Landlord must first approve the size of, location of, and specifications for the Antenna Changes, and (c) the location, installation and maintenance expiration or earlier termination of the Lease Term, the Communications Equipment and HVAC Equipment shall (i) be subject to and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 removed 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 roof, Building at LandlordTenant’s sole cost and expense); expense and (iii) in no manner interfere with the use of any other communications equipment installed on the roof prior to the time Tenant installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall restore the roof portion of the Building that has been affected by the Communications Equipment and the HVAC Equipment shall be returned to its the condition existing it was in prior to the installation of the Communications Equipment and the HVAC Equipment, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall further pay all subscription fees, usage charges and hookup and disconnection fees associated with Tenant’s use of the Communications Equipment and the HVAC Equipment and Landlord shall have no liability therefor. All of the provisions of this Lease, including, without limitation, the insurance, maintenance, repair, at its sole cost release and expenseindemnification provisions shall apply and be applicable to Tenant’s installation, any damage or destruction caused by the operation, maintenance and removal of the Communications Equipment and the HVAC 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 1 contract
Samples: Lease (Mandiant, Inc.)
Roof Rights. During Except as hereinafter provided, during the Term of the Lease Term(as it may be extended), Tenant shall have the sole and exclusive right at no additional cost to install and maintain, on the roof of the Building and elsewhere on the Project, satellite dishes, television or communications antennas or facilities, related receiving or transmitting equipment, related cable connections and any and all other related equipment (collectively, “Communications Equipment”) required in connection with Tenant’s communications and data transmission network. Tenant may license, assign or sublet without Landlord’s consent the right to use any of such Communications Equipment or roof space, whether or not in conjunction with any sublease or assignment regarding the Premises. Tenant shall have the right to maintain use “risers” in the Building over and above those provided in the Base Building Improvements (and to install additional risers if necessary) as long as there is no adverse affect on the Building Structure or Building Systems. In addition to the foregoing, Tenant shall, at its microwave antenna and related equipment option, have the right to use additional space on the roof of the Building that are existing for Tenant’s additional HVAC equipment and in place as of the date of this Lease any and all related equipment to accommodate Tenant’s excess HVAC requirements (the collectively, “Existing AntennaHVAC Unit”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) All such Communications Equipment and HVAC Units shall be subject to the prior written consent screened from view of Landlord, such consent to be given or withheld in Landlord’s sole discretionpedestrians. Tenant’s shall comply with the following terms and conditions with respect to the Existing Antenna and any Antenna Changes (collectivelyFurthermore, the “Equipment”): (a) the Equipment shall be in conformity with all applicable zoning and other laws, (b) with respect to the Antenna Changes, Landlord must first approve the size of, location of, and specifications for the Antenna Changes, and (c) the exact location, installation construction method and maintenance of the Equipment shall (i) be subject to and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 Communications Equipment from time or HVAC Unit shall be mutually and reasonably acceptable to time cause Landlord and Tenant to relocate such Equipment to another portion of the roofand Tenant shall have secured, at LandlordTenant’s sole cost and expense); , the approval of all governmental authorities and (iii) in no manner interfere with all permits required by governmental authorities having jurisdiction over such approvals and permits for the use Communications Equipment and the HVAC Unit, and shall provide copies of any other communications equipment installed on the roof such approvals and permits to Landlord prior to commencing any work with respect to such Communications Equipment and the time Tenant installs HVAC Unit. Landlord shall have the Equipmentright to place reasonable conditions upon the method of installation as reasonably necessary to preserve Landlord’s roof warranty. Tenant shall be permitted to alter its Communications Equipment in connection with technological upgrades from time to time. Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Communications Equipment and the HVAC Unit, including without limitation any and all costs related to ensuring that Landlord’s roof warranties related to the Building or any portion thereof are not terminated, negated in any way by any of such installations or by Tenant’s applicable repair and maintenance of such facilities, but in no event shall Tenant be obligated to pay Landlord any additional rent rental or license fees for any area(s) on which the Communications Equipment and the HVAC Unit shall be located. The contractor selected by Tenant to install and to maintain and repair any such use of Communications Equipment and HVAC Units shall be reputable and licensed in the roofjurisdiction where the Building is located. During the Lease TermFurthermore, Tenant warrants that it willshall, at its sole cost and expenseabsolute discretion when it deems it as necessary or appropriate to do so, repair and maintain the Communications Equipment and the HVAC Unit. No portion of the roof space shall be included in force and effect, in addition to any other insurance requirements or designated as rentable area. Upon termination or expiration of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Communications Equipment installed by it pursuant to this Article 34, at Tenant’s expense, and shall repair and restore the roof of any damage to the Building and Project caused by such removal to its a condition comparable to that existing prior to the installation of the Equipmentsuch installation, ordinary normal 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 1 contract
Samples: Lease Agreement (Red Hat Inc)
Roof Rights. During the Lease Term, Tenant shall have the right to maintain its microwave antenna and related equipment on the roof of the Building that are existing and in place So long as of the date of this Lease it (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”i) shall be subject to the prior written consent of Landlord, such consent to be given or withheld in does not impact Landlord’s sole discretion. Tenant’s shall comply with the following terms roof warranty and conditions with respect to the Existing Antenna and any Antenna Changes (collectively, the “Equipment”): (aii) the Equipment shall be in conformity complies with all applicable zoning and other laws, (b) with respect to the Antenna Changesrules and regulations, 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roofTenant, at LandlordTenant’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 installs the Equipment. Tenant , shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having have access to the roof of the BuildingBuilding in designated areas mutually agreed upon for the purpose of installation of microwave satellite, except antenna and other communications devices or supplemental HVAC units (the “Roof Equipment”). Notwithstanding the foregoing, all such Roof Equipment shall be for the sole benefit of Tenant, shall relate specifically to Tenant’s use of the Premises, and shall net 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 five (5) 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 judgment, reasonably exercised, unacceptable and with respect to the extent plans, specifying in detail the nature of Landlord’s objection. Tenant shall be solely responsible for all damages caused by Landlord’s gross negligence or willful misconduct. Landlord reserves its Roof Equipment, for the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the removal of all Roof Equipment and surrounding area in good order and repair and free from any hazard to person the restoration of the roof upon the expiration or property. Upon early termination of this Lease, Tenant, at its sole cost and expense, Lease unless directed in writing by Landlord otherwise. Landlord shall remove the Equipment and shall restore the roof of the Building to its condition existing prior be named as an additional insured on all Tenant insurance relating 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 Roof Equipment. All work performed by or on behalf installation, repair, replacement and modification of Tenant on the rooftop Roof Equipment shall be done under coordinated with Landlord, shall only use those approved contractors and shall be in accordance with the supervision of a representative of Landlord at such time Rules and in such a manner that is satisfactory to Landlord and in such a manner so as to not void any roof warranty or guarantyRegulations set forth herein.
Appears in 1 contract
Samples: Medquist Inc
Roof Rights. During Subject to the Lease Termterms and conditions set forth in this Section 42, and Tenant’s receipt of all necessary governmental approvals, Tenant shall have the non-exclusive right to maintain its microwave antenna install and operate a satellite dish on the roof of the Building, and related equipment cabling within the Building risers (collectively, “Tenant’s Equipment”), at no charge to Tenant for the use of the roof and the risers, for the purpose of transmitting and/or receiving microwave or radio signals, in a manner consistent with Tenant’s business. Tenant shall, however, be responsible for all costs associated with the installation, maintenance and repair of Tenant’s Equipment as well as any utility costs associated with the operation of Tenant’s Equipment. The number, size, location and method of installing or affixing Tenant’s Equipment on the roof shall subject to the prior approval of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned so long as Tenant’s Equipment can be installed and operated on the roof of the Building that are existing without damaging the Building structure and in place as of the date of this Lease (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) 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 without interfering 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, at Landlord’s sole cost and expense); and (iii) in no manner interfere with the use transmissions of any other communications equipment installed on the roof prior to the time Tenant installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except whether the same is operated by Landlord, a licensee of Landlord, or another tenant of the Building. Installation shall be designed and supervised by a duly registered and qualified professional engineer or architect approved by the Landlord. The installation shall be actually fastened (bolted, welded or otherwise positively anchored, not ballasted) to the extent structure and properly flashed to the roof membrane with all necessary work to preserve the roof integrity and any warranties. Any future installations or changes in Tenant’s Equipment shall be subject to all the conditions and restrictions for original installation of Tenant’s Equipment as set forth herein, and shall be subject to Landlord’s prior approval. For any transmitting device, the Tenant shall submit data to the Landlord detailing necessary safety precautions that will be used on the installation, including BMF output, in keeping with accepted operating and safety standards. Tenant shall not be permitted to assign or sublet the Tenant’s Equipment installation and operation rights to any other party; provided, however, that the rights granted to Tenant herein may be transferred to a Subtenant in connection with an exempt Sublet under Paragraph 24.5 above. The right to operate Tenant’s Equipment shall expire upon the expiration or sooner termination of this Lease, at which time Tenant shall remove all of Tenant’s Equipment, including all cabling, from the Building and repair any damage to the Building caused by Landlordthe installation, operation or removal of Tenant’s gross negligence or willful misconductEquipment. Landlord reserves the right to grant to install any other equipment or allow other tenants or licensees to install, maintain and licensees similar rights operate other equipment on or around the roof and in the Building roof which provided that the same do not unreasonably interfere with the operation of Tenant’s rights hereunderEquipment. Landlord shall have the right to do maintenance, repairs and remodeling to the Building and roof space at any time without Tenant, at its sole cost and expense, will keep the Equipment and surrounding area in good order and repair and free from any hazard to person or property’s prior approval. Upon termination of this Lease, Tenant, at its sole cost and expense, shall remove the Equipment and shall restore Tenant may only access the roof of the Building through the Common Area and Tenant agrees that it will not pass through other tenants’ spaces, nor will it interfere with any other tenants’ businesses. Additionally, Tenant agrees to its condition existing give the Landlord reasonable notice prior to accessing the installation roof, any cabling or communication closets. Tenant also agrees only to access same during normal business hours and upon Landlord’s consent, not to be unreasonably withheld. In the event that Tenant desires to run any cable through the building in connection with the installment and maintenance of the Tenant’s Equipment, ordinary wear Tenant agrees to submit working drawings to the Landlord specifying the following: (i) the locations throughout the Building where the cable will be located; (ii) the manner in which the cabling will be run through the Building; (iii) the communications closets, if any, which will be utilized in installing and tear exceptedmaintaining such cabling; (iv) the amount of cable which will be required to be utilized; and (v) the type of cable which will be utilized. Such working drawings are subject to Landlord’s approval and Tenant shall not install any cabling or perform any work until such working drawings have been approved by the Landlord. Additionally, Tenant agrees that all cable shall be shielded cable, the cable coating shall comply with all applicable fire codes, and the cable will be properly labeled so that it can be identified by the Landlord, Landlord’s agents or third parties. Tenant further agrees to provide Landlord reasonable notice prior to installing any cable, and such notice shall further repairset forth the times at which Tenant expects to be installing or working on such cables. Tenant agrees that it will not pass through other tenants’ spaces, at its sole cost and expense, nor interfere with any damage other tenants’ businesses when installing 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 maintaining 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 guarantycables.
Appears in 1 contract
Samples: Lease (Vocera Communications, Inc.)
Roof Rights. During Subject to the Lease Termapproval of all applicable governmental authorities and agencies, Landlord agrees to permit Tenant to install, use and operate one or more satellite antennas or dishes on the rooftop of the Building. Landlord shall have the right make available to maintain its microwave antenna and related equipment Tenant, for Tenant’s use such space on the roof of the Building that are existing and in place as of the date of this Lease (the “Existing Antenna”). Any changes to, modifications to, Tenant shall from time to time require for no rent or replacements of the Existing Antenna (the “Antenna Changes”) shall be subject to the prior written consent of Landlord, such consent to be given or withheld in Landlord’s sole discretionother charge whatsoever therefor. Tenant’s use of the roof of the Building shall comply be on a non-exclusive basis. In connection with Tenant’s use of the following terms and conditions with respect roof of the Building, Landlord shall make available to Tenant access to the Existing Antenna roof for the construction, installation, maintenance, repair, operation and any Antenna Changes (collectivelyuse of such antenna equipment, as well as reasonable space in the “Equipment”): (a) the Equipment shall be in conformity with all applicable zoning Building to run electrical and other laws, (b) with respect telecommunications conduit from such equipment to the Antenna Changes, Premises. Tenant shall furnish to Landlord must first approve the size of, location of, copies of its plans and specifications for such equipment, prior to the Antenna Changescommencement of any construction and/or installation thereof, and (c) the location, installation and maintenance of the Equipment any such construction shall (i) be Alterations subject to and completed in accordance with the terms and conditions of Section 15 Article 8. Such plans and specifications shall include details on the means of this Lease and with any and all applicable governmental laws, codes, rules, regulations and ordinances in effect from time attaching such equipment to time; (ii) be located on that part the roof of the roof as 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 may from time shall allow Tenant to time designate away run conduit or cabling from the perimeter of Premises to the roof so as not antenna or satellite in accordance with the Landlord approved plans. Further, to the extent that any such antenna or dish may be visible from the at 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 rooflevel, at Landlord’s sole cost and expense); and (iii) in no manner interfere request, such plans shall provide for the screening of such equipment, if necessary, with material compatible with the use exterior of the Building and reasonably acceptable to Landlord. Any and all roof or wall penetrations must be specifically approved in writing by Landlord, and such work must be performed so as to avoid any other communications equipment installed on the possibility of voiding or affecting any roof prior to the time Tenant installs the Equipmentwarranties in favor of Landlord. Tenant shall not have the responsibility to secure all necessary approvals from state, federal and other governmental authorities to construct, operate and maintain such equipment and all structural, electrical or other mechanical changes to the Building. All such equipment shall be obligated constructed and maintained by Tenant in accordance with all applicable laws, ordinances, rules and regulations and in compliance with the requirements of any insurers of the Building and in accordance with reasonable rules and regulations of Landlord relating to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss, claim, damage and expense arising out of Tenant’s failure to comply with this Section (including, but not limited to, any claimsdamage to the roof as a result of such construction, damagesmaintenance, costsor operation of such equipment), expenses or liabilities arising subject always to the mutual release and 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 installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding area in good order and repair and free from any hazard to person or propertyprovided same are separately metered. Upon the termination or expiration of this Lease, TenantTenant 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 its Tenant’s sole cost and expense, . Nothing herein shall remove prevent Landlord from allowing other tenants in the Equipment and shall restore Building or third parties providing communications services to other tenants in the Building from using the roof and other areas of the Building to its condition existing prior 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 installation rights granted hereunder. Landlord agrees that it shall not permit third parties to use the roof and other areas of the EquipmentBuilding for the installation and operation of similar equipment or facilities if such third parties do not use such equipment to provide services to tenants in the Building, ordinary wear and tear excepted. Tenant shall further repair, at its sole cost and expense, any damage or destruction caused by without the removal of the Equipment. All work performed by or on behalf prior consent of Tenant on the rooftop shall be done under the supervision of a representative of Landlord at to any 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 guarantythird party usage.
Appears in 1 contract
Samples: Office Lease Agreement (Royal Caribbean Cruises LTD)
Roof Rights. During (a) Tenant, at Tenant’s expense, may install, remove, replace, modify, repair, maintain and operate one or more antennae (but no transmission towers) in a location on the Lease roof of the Building reasonably designated by Landlord (collectively, the “Antenna”) throughout the Term, Tenant subject to all of the terms and conditions of this Lease, including Article 14, and Landlord’s prior approval, including its approval as to color, size, weight, location and method of attachment to the Building, which approval shall have not be unreasonably withheld or delayed. Landlord reserves the right to maintain its microwave antenna and related 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 that are existing and in place as installed after Tenant’s installation of the date of this Lease (Antenna shall interfere therewith, then Landlord shall cause such interference to be remedied without cost to Tenant and if the “Existing Antenna”). Any changes to, modifications to, or replacements operation of the Existing 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 Changes”) 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 be subject submit to Landlord, prior to the prior written consent installation of Landlordthe Antenna, such consent to be given or withheld in Landlord’s sole discretion. Tenant’s shall comply with plans for 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 installation of the Antenna 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to time; (ii) be located on that part of the roof such detail 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 roofreasonably require, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use commence installation of the roofAntenna until Landlord has reasonably approved such plans in writing, and until all the necessary approvals required under the Ground Lease have been received. During the Lease TermLandlord shall, subject to its reasonable rules with respect thereto, provide Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the BuildingBuilding in order to install, except to remove, replace, modify, repair, maintain and operate the extent caused by Landlord’s gross negligence or willful misconductAntenna. Landlord reserves the right to grant to other tenants supervise the installation, removal, replacement, repair and licensees similar rights on or around maintenance of the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. TenantAntenna, at Landlord’s cost. If Landlord determines in its sole cost and expense, will keep the Equipment and surrounding area in good order and repair and free from any hazard discretion to person or property. Upon termination of this Lease, Tenant, at its sole cost and expense, shall remove the Equipment and shall restore build a transmission tower on the roof of the Building for the sale of transmission rights to its condition existing prior 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 177 shall no longer have any rights pursuant to the installation of the Equipmentpreceding sentence, 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 Landlord shall be done under the supervision of a representative of Landlord free to offer any terms and conditions to any third parties 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 guarantytime.
Appears in 1 contract
Roof Rights. During 27.1 (a) Subject to the Lease Termsatisfaction, 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 have not be permitted to install the right Communications Equipment unless (I) such Communications. Equipment conforms to maintain its microwave antenna the specifications and related equipment on requirements set forth in the roof of the Building that are existing .drawings and in place as of the date of this Lease specifications prepared by a licensed professional (the “Existing AntennaCommunications Equipment Drawings”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) which Communications Equipment Drawings shall be subject to the prior written consent approval of Landlord, such consent to which approval shall not be given unreasonably withheld or delayed, (II) Landlord approves, which approval shall not be unreasonably 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 (collectivelyor delayed, the “Equipment”): (a) the Equipment shall be in conformity with all applicable zoning and other lawssize, (b) with respect to the Antenna Changescapacity, Landlord must first approve the size ofpower, location of, and specifications for the Antenna Changesproposed placement and method of installation of such Communications. Equipment, and (cIII) the location, installation and maintenance of the Equipment shall (i) be subject to and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it willobtains, at its sole cost and and. expense, maintain in force and effectprovides copies to Landlord of all necessary governmental permits and approvals, in addition to any other insurance requirements including, without limitation, special exception permits, if applicable, for the installation of this Lease, insurance (such insurance to provide coverage for both Landlord and the Communications Equipment upon the Building. Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant at Landlord’s direction, shall furnish Landlord with a copy of cause the Communications Equipment to be .painted in nonmetallic paint to match the materials on the penthouse, provided such insurance policy or a certificate thereof painting shall have no adverse effect upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use the performance of the Communications Equipment;. In addition, if the installation of the Communications Equipment or with Tenant’s activities on or having access to the roof of the Building would penetrate the roof of the Building, except 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 extent caused roof, (ii) obtains the approval of Landlord, in writing, which approval shall not be unreasonably withheld provided the roof warranty will not be voided, and (iii) pays the cost of any structural support or alterations necessary to secure the Communications Equipment to the Building. The Communications Equipment shall be installed by Landlorda contractor reasonably 72 acceptable to both Landlord and Tenant and thereafter shall be properly maintained by Tenant, ail at Tenant’s gross negligence sole expense. At the expiration or willful misconduct. Landlord reserves earlier termination of the right to grant to other tenants and licensees similar rights on or around Lease Term, the Communications Equipment shall be removed from the Building roof which do not unreasonably interfere with at Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment expense and surrounding 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 remove the Equipment and shall restore the roof that portion of the Building that has been affected by the Communications Equipment shall be retuned to its the condition existing it was in prior to the installation of the Communications Equipment, ordinary wear and tear excepted. Tenant shall further 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, at its sole cost release and expenseindemnification provisions shall apply and be applicable to Tenant’s installation, any damage or destruction caused by the operation, maintenance and removal of the Communications 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 1 contract
Roof Rights. During the Lease TermWithout limiting any other provision of this Lease, Tenant Lessee shall have the non-exclusive right to maintain its microwave antenna install one satellite dish (the "Dish") and related equipment a supplemental air conditioning unit for the Premises (the "Air Conditioner" and, together with the Dish, the "Facilities") on the roof of the Building that are existing and in place as of (including necessary connection to the date of this Lease (the “Existing Antenna”). Any changes toDemised Premises) for use by Lessee, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) provided any such installations shall be subject to the Lessor's prior written consent, which consent of Landlordshall not be unreasonably withheld, conditioned or delayed. Any 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 Facilities shall be installed in conformity accordance with all applicable zoning laws and other laws, (b) with respect building codes. Lessee shall remove such Facilities at the expiration or earlier termination of the Lease; provided Lessee shall repair any damage to the Antenna 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 roof caused by such removal. Prior to and completed in accordance with the terms and conditions of Section 15 of this Lease and with making any and all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to time; (ii) be located installations 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except Lessee shall use a roofing contractor for all work to be performed by Lessee on the roof of the Building approved by Lessor, which approval shall not be unreasonably withheld. Lessee shall furnish detailed plans and specifications for the Facilities (or any modifications thereof) to Lessor for its approval. The parties agree that Lessee's use of the rooftop of the Building is a non-exclusive use and 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 use its reasonable efforts to insure that its use of the rooftop does not impair such other person's data transmission and reception via its respective antennas and support equipment. If Lessee's construction, installation, maintenance, repair, operation or use of 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 extent caused use of the Dish causing such interference by Landlord’s gross negligence or willful misconductLessee, in which case the cost of remedying such interference shall be borne by Lessee. Landlord reserves Lessee shall secure and keep in full force and effect, from and after the right time Lessee begins construction and installation of the Facilities, such supplementary insurance with respect to grant 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 other tenants time by Lessors of buildings of similar class and licensees character in Morris County, New Jersey with respect to similar rights on or around installationx. In connection with the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenantinstallation, maintenance and operation of the Facilities , Lessee, at its Lessee's sole cost and expense, will keep 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 Equipment 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 surrounding area 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 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 Facilities, in good order and repair and free from any hazard to person or propertyaccordance with the provision set forth in Article 22 hereof. Upon termination of this Lease, TenantLessee, at its sole cost and expense, shall remove promptly repair any and all damage to the Equipment and shall restore the roof rooftop or to any other part of the Building to its condition existing prior caused by the installation, maintenance and repair, operation or removal of the Facilities. Lessee shall be responsible for all costs and expense for repairs of the roof which result from Lessee's use of the roof for the construction, installation, maintenance, repair, operation and use of the Facilities. All installations made by Lessee on the rooftop or in any other part of the Building pursuant to the installation provisions of this Article 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 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 EquipmentFacilities by Lessee. Upon the expiration of the Term, ordinary wear and tear excepted. Tenant the Facilities shall further repair, be removed by Lessee at its sole cost and expense, and Lessee shall repair any damage to the rooftop or destruction caused by any other portions of the Building to substantially their condition immediately prior to Lessee's installation of the Facilities (ordinary wear and tear 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 Equipment. All work performed 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 or on behalf of Tenant Lessor on the rooftop 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 transmittal of microwaves or other 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 done 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 of the costs and expenses of such relocation). The rights granted in this Article 56 are given in connection with, and as part of the rights created under this Lease and are not separately transferable or assignable. If the supervision installation of a representative of Landlord at such time and the Facilities or act or omission relating thereto should revoke, negate or in such a any manner that is satisfactory to Landlord and in such a manner so as to not void impair or limit any roof warranty or guarantyguaranty obtained by Lessor, then Lessee shall reimburse Lessor for any loss or damage sustained or costs or expenses incurred by Lessor as a result of such impairment or limitation.
Appears in 1 contract
Samples: Lease (Medicines Co /De)
Roof Rights. During the Lease Term, Tenant shall have the right to 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 (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove have the Equipment non-exclusive right (it being understood that Landlord may grant, extend or renew similar rights to others) to install, maintain, and shall restore from time to time replace satellite dish(s) and or antennae (the “Rooftop Equipment”) on the roof of the Building to its condition existing Building, provided that prior to the commencing any installation or maintenance, Tenant shall (i) obtain Landlord’s prior approval of the Equipmentproposed size, ordinary wear weight and tear excepted. Tenant location of the Rooftop Equipment and method for fastening the Rooftop Equipment to the roof, which approval Landlord shall further repairnot 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 Laws and the conditions of any bond or warranty maintained by Landlord on the roof, (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 (v) obtain, at its 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 repair any damage or destruction to the Building caused by the Tenant’s installation, maintenance, replacement, use or removal of the Rooftop Equipment. All work performed 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 enjoyment of the Building, 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 on behalf 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 on prior to the date hereof. Landlord agrees that it shall, with respect to any rooftop shall be done under equipment installed subsequent to the supervision of a representative of Landlord at such time and date hereof, include the covenant against interference against Tenant’s Rooftop Equipment set forth in such a manner that is satisfactory to Landlord and in such a manner so as to not void any roof warranty or guarantythis Paragraph 13.
Appears in 1 contract
Roof Rights. During the Lease Term, Tenant shall have the right to maintain its microwave antenna So long as it (i) does not impact Landlord's roof warranty and related equipment on the roof of the Building that are existing and in place as of the date of this Lease (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”ii) 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 complies with all applicable zoning and other laws, (b) with respect to the Antenna Changes, Landlord must first approve the size of, location of, rules and specifications for the Antenna Changes, and (c) the location, installation and maintenance of the Equipment shall (i) be subject to and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding area in good order and repair and free from any hazard to person or property. Upon termination of this Leaseregulations, Tenant, at its sole cost and expense, shall remove the Equipment and shall restore have access to the roof of the Building to its condition existing prior to in designated areas mutually agreed upon for the purpose of installation of microwave satellite, antenna and other communications devices or supplemental HVAC (units the "Roof Equipment, ordinary wear and tear excepted"). Tenant shall further repairconsider US Realtel to provide such communication services. Notwithstanding the foregoing, at its all such Roof Equipment shall be for the sole cost benefit of Tenant and expenseLandlord, shall relate specifically to Tenant's (or any damage Subtenant's) use of the Premises, and shall not be used as a switching station, amplification station or destruction 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 judgment, reasonably exercised, unacceptable and with respect to the plans, specifying in detail the nature of Landlord's objection. Tenant shall be solely responsible for all damages caused by its Roof Equipment, for the removal of all Roof Equipment and the restoration of the roof upon the expiration or early termination of this Lease unless directed in writing by Landlord otherwise. Landlord shall be named as an additional insured on all Tenant insurance relating to the Roof Equipment. All work performed by or on behalf installation, repair, replacement and modification of Tenant on the rooftop Roof Equipment shall be done under coordinated with Landlord, shall only use those approved contractors and shall be in accordance with the supervision of a representative of Landlord at such time Rules and in such a manner that is satisfactory to Landlord and in such a manner so as to not void any roof warranty or guarantyRegulations set forth herein.
Appears in 1 contract
Samples: Lease (Sciquest Inc)
Roof Rights. During the Lease Term, A. Tenant shall have the right to maintain its microwave antenna and related equipment allocation of space on the roof of the Science Building that are existing and for the purpose of installing (in place as accordance with Section IX.C of the date of this Lease Lease), operating and maintaining an emergency generator and/ or a satellite dish solely for Tenant's business activities in the Premises and not for use by third parties, as approved by the Landlord (the “Existing Antenna”"Rooftop Equipment"). Any changes to, modifications to, or replacements The exact location of the Existing Antenna space on the roof to be leased by Tenant shall be designated by Landlord and shall not exceed 344 square feet (the “Antenna Changes”) "Roof Space"), and shall be in the location designated in EXHIBIT A. Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term at Landlord's expense, with a minimum of disruption to Tenant's business activities in the Premises. Landlord's designation shall take into account Tenant's use of the Rooftop Equipment. Notwithstanding the foregoing, Tenant's right to install the Rooftop Equipment shall be subject to the prior written consent approval rights of Landlord and Landlord, such consent to be given or withheld in Landlord’s sole discretion. Tenant’s shall comply with the following terms and conditions 's architect and/or engineer with respect to the Existing Antenna plans and any Antenna Changes (collectivelyspecifications of the Rooftop Equipment, the “Equipment”): (a) manner in which the Rooftop Equipment shall be in conformity with all applicable zoning and other laws, (b) with respect to the Antenna 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access is attached to the roof of the Building, except the compliance of the Rooftop Equipment with applicable governmental requirements, including air quality requirements and the requirements of the City of Cambridge with respect to noise and screening, and the manner in which any cables and utility service are run to and from the Rooftop Equipment. The precise specifications and a general description of the Rooftop Equipment along with all documents Landlord reasonably requires to review the installation of the Rooftop Equipment (the "Plans and Specifications") shall be submitted to Landlord for Landlord's written approval no later than 20 days before Tenant commences to install the Rooftop Equipment. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Rooftop Equipment. Tenant shall notify Landlord upon completion of the installation of the Rooftop Equipment. If Landlord determines that the Rooftop Equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Rooftop Equipment or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the extent Building caused by such installation. If at any time, Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants , in its sole discretion, deems it necessary,Tenant shall provide and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenantinstall, at its Tenant's sole cost and expense, will keep the Equipment and surrounding area in good order and repair and free from any hazard to person or property. Upon termination of this Leaseappropriate aesthetic screening, Tenant, at its sole cost and expense, shall remove the Equipment and shall 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 reasonably satisfactory to Landlord and in such a manner so as to not void any roof warranty or guarantyLandlord, for the Rooftop Equipment.
Appears in 1 contract
Samples: Office and Laboratory Lease Agreement (Viacell Inc)
Roof Rights. During Subject to the terms of this Paragraph 19(nn), Tenant shall be permitted to use its pro rata portion of the area of the roof of the Building designated by Landlord for tenant-installed equipment in order to install, maintain and replace from time to time certain equipment (the “Rooftop Equipment”) provided that (i) Landlord reasonably approves the plans, specifications, size, location, and method of attachment of the Rooftop Equipment, (ii) Tenant shall comply with all applicable laws, codes, ordinances, covenants, conditions and restrictions affecting the Project, (iii) Tenant shall comply with any roof bond anchor warranty marinated by Landlord on the Building (including, without limitation, being required to use Landlord’s designated roofing contractor), (iv) the Rooftop Equipment shall not be visible from street level, and (v) the Rooftop Equipment shall not interfere with any existing rooftop equipment or Building systems. Tenant shall be responsible for the repair of any damage to any portion of the Building caused by Tenant’s installation, use or removal of the Rooftop Equipment. The Rooftop Equipment shall remain the exclusive property of Tenant, and Tenant shall have the right to remove same at any time during the term of the Lease. Upon the expiration or earlier termination of the Lease Term, Tenant shall have be required to remove the right Rooftop Equipment (and any associated cabling and wiring) and to maintain its microwave antenna and related equipment on the roof restore any portion of the Building that are existing and in place as of the date of this Lease (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) shall be subject affected thereby 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall restore the roof of the Building to its condition existing prior to the installation of the such Rooftop Equipment, ordinary wear and tear excepted. Tenant shall further repairprotect, at its sole cost defend, indemnify and expensehold harmless Landlord from and against any and all claims, any damage damages, liabilities, costs or destruction caused expenses of every kind and nature (including without limitation reasonable attorney’s fees) imposed upon or incurred by the or asserted against Landlord arising out of Tenant’s installation, maintenance, use or removal of the Rooftop Equipment. All work performed by , which indemnity shall survive the expiration or on behalf earlier termination 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 guarantyLease.
Appears in 1 contract
Samples: Office Lease (Honest Company, Inc.)
Roof Rights. During the Lease Term, Tenant Subtenant shall have the right right, at its sole cost and expense and subject to maintain its microwave antenna Sub landlord’s and related equipment Landlord’s approval, to place satellite dish(es) and antenna(e) together with all wiring or other connections therefore (collectively, the “Roof Items”), on the roof of the Building Premises. In the event that are existing and in place as of the date of this Lease (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) shall be subject to the prior written consent of Landlord, any such consent to be given or withheld in Landlord’s sole discretion. Tenant’s shall comply ‘ installation interferes with the following terms and conditions with respect to the Existing Antenna and any Antenna Changes (collectivelyoperations or installations of Sub landlord, the “Equipment”): (a) the Equipment shall be in conformity with all applicable zoning and other laws, (b) with respect to the Antenna 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it willSubtenant shall, at its sole cost and expense, maintain in force and effectat Sub landlord’s request, in addition relocate or modify its installation to eliminate any other insurance requirements such interference. In the event Sub landlord installs or permits installation by any person of this Leasea similar system on the roof of the Premises, insurance (such insurance Sub landlord shall cause the same not to provide coverage for both interfere with the Roof Items. Landlord and TenantSub landlord shall, as named insuredsat Subtenant’s cost, cooperate with Subtenant in the procurement of necessary permits or zoning variances for the Roof Items and execute all documents required to obtain necessary permits or zoning variances. In the event Landlord or Sub landlord contemplates roof repair or requires access which requires temporary removal or relocation of the Roof Items, or which may result in an interruption in Subtenant’s telecommunication services, Sub landlord shall, if practicable, notify Subtenant at least thirty (30) with coverage limits days prior to such contemplated work in order to allow Subtenant to make other arrangements for such services. The cost or removal and re-installation of not less than One Hundred Thousand any Roof Items affected thereby shall be borne by Subtenant. Subtenant or its agents or representatives shall, at all times during business hours and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy representative of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnifyLandlord present, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or be permitted use of the Equipment or with Tenant’s activities on or having and access to the roof for purposes of examination and repair of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding area in good order and repair and free from any hazard to person or propertyRoof Items. Upon termination of this Leasethe Sublease, TenantSubtenant shall disconnect and remove such Roof Items, at its sole cost and expense, shall remove the Equipment fully repair and shall restore the roof of to the Building to its same condition existing than prior to the installation of the EquipmentRoof Items, ordinary normal wear and tear excepted. Tenant shall further repairSubtenant’s obligations with respect to the Roof Items are identical to Subtenant’s obligations with respect to the Subleased Premises pursuant to the Sublease, at its sole cost including without limitation maintenance, insurance 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 guarantyindemnification.
Appears in 1 contract
Roof Rights. During the Lease Term, Tenant shall have the right to maintain its microwave antenna and related equipment on the roof of the Building that are existing and in place So long as of the date of this Lease it (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”i) shall be subject to the prior written consent of Landlord, such consent to be given or withheld in does not impact Landlord’s sole discretion. Tenant’s shall comply with the following terms roof warranty and conditions with respect to the Existing Antenna and any Antenna Changes (collectively, the “Equipment”): (aii) the Equipment shall be in conformity complies with all applicable zoning and other laws, (b) with respect to the Antenna Changesrules and regulations, 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roofTenant, at LandlordTenant’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 installs the Equipment. Tenant , shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having have access to the roof of the BuildingBuilding in designated areas mutually agreed upon to install up to four (4) antennae, except each with a diameter not in excess of twenty-four (24”) inches and equipment related thereto (the “Roof Equipment”). 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 judgment, reasonably exercised, unacceptable and with respect to the extent plans, specifying in detail the nature of Landlord’s objection. Tenant shall be solely responsible for all damages caused by Landlord’s gross negligence or willful misconduct. Landlord reserves its Roof Equipment, for the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the removal of all Roof Equipment and surrounding area in good order and repair and free from any hazard to person the restoration of the roof upon the expiration or property. Upon early termination of this Lease, Tenant, at its sole cost and expense, Lease unless directed in writing by Landlord otherwise. Landlord shall remove the Equipment and shall restore the roof of the Building to its condition existing prior be named as an additional insured on all Tenant insurance relating 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 Roof Equipment. All work performed by or on behalf installation, repair, replacement and modification of Tenant on the rooftop Roof Equipment shall be done under coordinated with Landlord, shall only use those approved contractors and shall be in accordance with the supervision of a representative of Landlord at such time Rules and in such a manner that is satisfactory to Landlord and in such a manner so as to not void any roof warranty or guarantyRegulations set forth herein.
Appears in 1 contract
Roof Rights. During the Lease Term, Tenant shall have the right to 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 (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. A. Tenant, at its sole cost and expense, will keep expense and subject to the Equipment and surrounding area in good order and repair and free from any hazard to person or property. Upon termination provisions of this LeaseArticle 52, shall have the following rights: (i) Tenant may install upon the 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 meaning and subject to the provisions of Article 3 hereof; (2) Tenant, at its sole cost and expenseexpense shall maintain the Tenant's Telecommunications Equipment; (3) Tenant shall promptly repair any damage caused to the Building (including, without limitation, the roof or any exterior portions thereof) by reason of the installation, maintenance, operation, removal and replacement of any of Tenant's Telecommunications Equipment; (4) Tenant shall 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 restore the Building (including, without limitation, the roof of or any exterior portions thereof) to the Building to its condition existing which existed prior to the installation of the Equipmentany such installation, ordinary wear and tear excepted. Tenant shall further repair, at its sole cost and expense, any damage or destruction caused by the removal The parties agree that Tenant's use of the roof of the Building is a non-exclusive use and Landlord may permit the use of any other portion of the roof 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 is installed does not unreasonably interfere with such piece of Tenant's Telecommunications 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 1 contract
Samples: Office Lease (PLD Telekom Inc)
Roof Rights. During (a) If, at any time during the Lease Term, Tenant shall have require roof space for the right to maintain its installation and operation of one or more communications antennae, microwave antenna or satellite dishes, together with related equipment, mountings, and related equipment 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 increased each year after the Commencement Date by the percentage increase in the CPI, if any). Tenant acknowledges and agrees that are existing and in place as any use of the date roof space by Tenant for the installation and operation of this Lease 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 solely for Tenant’s own use (the “Existing Antenna”and not for resale purposes). Any changes toThe height, modifications todiameter, or replacements design and installation of the Existing Antenna (the “Antenna Changes”) satellite dishes or other telecommunications equipment shall be subject to the prior written consent of Landlord, such consent to be given or withheld in Landlord’s sole discretionapproval, 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, repair, operation and use of Tenant’s shall comply Telecommunications Equipment. All work in connection with the following terms and conditions with respect to the Existing Antenna and any Antenna Changes (collectivelyinstallation of Tenant’s Telecommunications Equipment, the “Equipment”): (a) the Equipment including core drilling, if required, shall be in conformity with all applicable zoning and other laws, (b) with respect to the Antenna 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, performed at LandlordTenant’s sole cost and expense); , including the cost of a fire watch and (iii) in no manner interfere with the use of any other communications equipment installed on the roof prior to the time Tenant installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition related supervisory costs relating to any other insurance requirements of this Leasecore drilling, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall 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 performed in such a manner that is satisfactory and at such times as Landlord shall reasonably prescribe. References in this Section 10.9 to Landlord the Telecommunications Equipment shall be deemed to include such riser and in such a manner so as to not void any roof warranty or guarantythe electrical and telecommunication conduits therein.
Appears in 1 contract
Samples: Agreement of Lease (MSCI Inc.)
Roof Rights. During (a) All references to the "roof" in this Lease Term, Tenant shall have the right be deemed to maintain its microwave antenna and related equipment on refer solely to the roof of the Building and shall exclude any roof on any other building or premises. Tenant hereby acknowledges that are existing 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 place connection with said roof. At such time as the roof of the date 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 Lease (the “Existing Antenna”Section 37(a). Any changes to, modifications to, or replacements The Tenant shall be required to pay the cost for the replacement of the Existing Antenna (roof; provided, however, that upon the “Antenna Changes”) 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 Changes, Landlord must first approve the size of, location of, and specifications for the Antenna Changes, and (c) the location, installation and maintenance completion of the Equipment shall (i) be subject replacement of the roof and the furnishing of evidence by Tenant to and completed Landlord that said roof has been replaced in accordance with the terms and conditions of Section 15 of this Lease 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 work in connection with any said roof shall be done in compliance with all appropriate zoning and all applicable governmental building code statutes, laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it willresponsible, at its sole own cost and expense, maintain for the procurement of any and all permits and certificates of occupancy in force and effect, in addition connection therewith. Landlord shall have the right to any other insurance requirements approve the Tenant's choice of this Lease, insurance (such insurance to provide coverage for both Landlord and the roofing contractor selected by Tenant, as named insureds) with coverage limits of which approval shall not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claimsbe unreasonably withheld or delayed by Landlord. Tenant shall furnish Landlord with a copy be responsible for all maintenance, repairs and replacement of such insurance policy or a certificate thereof upon Tenant’s execution the roof during the Term and any Renewal Term of this Lease. Tenant shall indemnifyLease and, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 expensean assignment is permitted, shall remove be assigned all warranties and guarantees, if any, held by Landlord with respect thereto for enforcement thereof by Tenant. In the Equipment and event that said warranties or guaranties cannot be assigned, Landlord, upon Tenant's request, shall restore the roof of the Building take reasonable steps 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 enforce said warranties 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 guarantyguaranties.
Appears in 1 contract
Samples: Immune Response Corp
Roof Rights. During the Lease Term, Tenant shall have the right to maintain its microwave antenna So long as it (i) does not impact Landlord's roof warranty and related equipment on the roof of the Building that are existing and in place as of the date of this Lease (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”ii) 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 complies with all applicable zoning and other laws, (b) with respect to the Antenna Changes, Landlord must first approve the size of, location of, rules and specifications for the Antenna Changes, and (c) the location, installation and maintenance of the Equipment shall (i) be subject to and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding area in good order and repair and free from any hazard to person or property. Upon termination of this Leaseregulations, Tenant, at its sole cost and expense, shall remove the Equipment and shall restore have access to the roof of the Building 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"). Tenant shall use its best efforts to its condition existing 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 installation 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 Equipmentwork that are acceptable and disapproving those portions of the work that are, ordinary wear in Landlord's judgment, reasonably exercised, unacceptable and tear exceptedwith respect to the plans, specifying in detail the nature of Landlord's objection. Tenant shall further repair, at its sole cost and expense, any damage or destruction be solely responsible for all damages caused by the installation, maintenance and/or removal of its Roof Equipment and Tenant shall promptly repair 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 early termination of this Lease unless directed in writing by Landlord otherwise. Landlord shall be named as an additional insured on all Tenant insurance relating to the Roof Equipment. All work performed by or on behalf installation, repair, replacement and modification of Tenant on the rooftop Roof Equipment shall be done under only after receipt of Landlord's written approval of such installation, repair, replacement or modification; shall use only those contractors previously approved in writing by Landlord; and shall be in accordance with the supervision of a representative of Landlord at such time Rules and in such a manner that is satisfactory to Landlord and in such a manner so as to not void any roof warranty or guarantyRegulations set forth herein.
Appears in 1 contract
Samples: Ict Group Inc
Roof Rights. During Subject to the Lease Termconditions set forth herein and provided no Event of Default has occurred and is continuing hereunder, Tenant shall have Landlord hereby grants to Tenant, as an appurtenance to the Premises, the non-exclusive right to install, maintain its microwave and operate, at Tenant's sole cost and expense, a mast-mounted satellite antenna and related equipment (the "Antenna") on the roof of the Building that are existing and in place as related equipment reasonably necessary for the operation of the date of this Lease (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) 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 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 and completed in accordance with the terms Roof License Agreement attached hereto as Exhibit "H" and conditions incorporated herein by ----------- reference (the "Roof License Agreement"). The size, location and method of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to time; (ii) be located on that part installation of the roof as Landlord may from time to time designate away from the perimeter of the roof so as not to Antenna shall 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 roof, at Landlord’s 's sole cost discretion and expense); and (iii) in no manner interfere with Tenant hereby agrees to install the use of any other communications equipment installed on the roof prior to the time Tenant installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, Antenna at its Tenant's sole cost and expense, maintain under the direct supervision of Landlord's roofing contractor, and in force 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 effectLandlord reserves the right, in addition its sole discretion, to withhold consent to any other insurance requirements proposed subletting or assignment of this Lease, insurance (such insurance the rights to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claimsuse the Antenna. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of install all equipment at the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expenseexpense and risk of Tenant and shall do so in a good, will keep 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 Equipment and surrounding area in good order and Federal Communications Commission. Nothing contained herein shall impose any liability or repair and free from any hazard obligations upon Landlord relative to person or propertythe Antenna. Upon the expiration or earlier termination of this Lease, TenantTenant agrees, at its sole cost and expensewhile under the direct supervision of Landlord's roofing contractor, shall to remove the Equipment Antenna and shall restore return the roof of the Building to its the condition existing prior in which it existed as of the Commencement Date. Prior to the installation of the EquipmentAntenna, ordinary wear and tear excepted. Tenant shall further repair, at its sole cost and expense, any damage or destruction caused by execute 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 guarantyRoof License Agreement.
Appears in 1 contract
Roof Rights. During In connection with the Lease TermTenant Work, Tenant shall have may request as part of the right to maintain its microwave antenna Final Working Drawings and related Specifications (as that term is defined in the Work Letter) that Landlord install, and thereafter Tenant operate and maintain, additional HVAC equipment on the roof of the Building that are existing and in place as of the date of this Lease (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) shall be subject to the prior written consent of Landlord, such consent to be given or withheld in Landlordfor Tenant’s sole discretion. Tenant’s shall comply with the following terms and conditions with respect to the Existing Antenna and any Antenna Changes use (collectively, the “Roof Equipment”): (a) the Equipment shall be in conformity with all applicable zoning and other laws), (b) with respect subject to the Antenna Changesfollowing terms, Landlord must first approve the size of, location of, conditions and specifications for the Antenna Changes, and (c) the location, installation and maintenance of the Equipment shall limitations: (i) be subject Tenant shall use its best efforts to and completed in accordance with obtain the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to timesmallest equipment available for Tenant’s intended use; (ii) the Roof Equipment shall be located placed in such location on that part of the roof as is reasonably designated by Landlord may from time and which is suitable for such use; (iii) the specifications for the Roof Equipment and the plans for the installation thereof shall be subject to time designate away from the perimeter of the roof so as Landlord's prior written consent (not to be visible from unreasonably withheld, delayed or conditioned); (iv) the street level installation and removal of the Roof Equipment shall, in all events, comply with the applicable provisions of this Lease; (except that Landlord may after v) Tenant shall be solely responsible for all costs and expenses incurred for the initial operation, maintenance, repair, replacement and removal of the Roof Equipment, including but not limited to any electricity used by the Roof Equipment, which consumption shall be measured, at Landlord's option, by the submeter measuring Tenant's electric consumption or an additional submeter which shall be installed at Tenant's expense in order to measure such electric consumption; (vi) Tenant shall obtain and maintain in full force and effect any approval required by any regulatory body having authority over the installation or operation of the Roof Equipment, and shall deliver evidence of same to Landlord; (vii) Tenant's installation or operation of the Roof Equipment shall not interfere with the operation of any portion other rooftop equipment now or hereafter located at the Building, nor void, impair or adversely affect any then-existing roof warranty; (viii) Tenant shall indemnify, defend, and hold harmless Landlord and Landlord's agents from and against all claims, demands, liabilities, causes of such action, suits, judgments, damages and expenses (including litigation costs and reasonable attorneys' fees) suffered by or claimed against them based on or arising out of, or in any way relating to the Roof Equipment from time to time cause Tenant to relocate such Equipment to another portion at the Building, except arising out of the roofgross negligence or willful misconduct of Landlord or Landlord’s employees, agents and contractors; (ix) Tenant shall not be permitted to access the roof in order to service the Roof Equipment, except on prior notice to, and in the presence of a representative of, Landlord, provided that in an emergency such notice may be telephonic, (x) the Roof Equipment shall be screened from public view; and (xi) upon the expiration or earlier termination of this Lease, at Landlord’s sole cost election, Tenant shall remove the Roof Equipment, repair all damage caused thereby, and expense); and (iii) in no manner interfere with restore the use affected portions of any other communications equipment installed on the roof to the condition existing immediately prior to the time installation thereof reasonable wear and tear and effects of casualty excepted or, at Landlord’s election Tenant installs shall pay Landlord the Equipmentestimated cost of such removal and restoration, as reasonably determined by Landlord, and Landlord shall cause the Roof Equipment to be removed and the areas affected by the Roof Equipment to be restored. Tenant shall not be obligated to pay to Landlord any rent, license or use fees with respect to Tenant's occupancy of the roof space for the Roof Equipment. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant's pursuit of any approvals, licenses, or permits associated with the Roof Equipment, which cooperation shall include executing any necessary owner's consent forms. Notwithstanding anything to the contrary, following submission by Tenant, and approval by Landlord, of the Final Working Drawings and Specifications, Tenant shall have no further rights to install any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of Roof Equipment not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall 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 guarantyset forth therein.
Appears in 1 contract
Samples: Lease (Quantum-Si Inc)
Roof Rights. During Subject to the Lease Termrequirements of Article 8, Tenant shall be permitted to use the roof of the Building to install, maintain and replace from time to time certain equipment (“Rooftop Equipment”), provided that (a) Landlord first reasonably approves the plans, specifications, size, location, and method of attachment of the Rooftop Equipment, (b) Tenant shall comply with all applicable Laws with respect to the operation, installation, maintenance, repair, replacement and removal of the Rooftop Equipment, (c) Tenant shall comply with any roof bond and/or warranty with respect to the Building (including, without limitation, being required to use Landlord’s designated roofing contractor), (d) the Rooftop Equipment shall not be visible from street level, and (e) the Rooftop Equipment shall not interfere with any existing rooftop equipment or Building systems. Tenant shall be responsible for the repair of any damage to any portion of the Building caused by the operation, installation, maintenance, repair, replacement and removal of the Rooftop Equipment. The Rooftop Equipment shall remain the exclusive property of Tenant, and Tenant shall have the right to maintain its microwave antenna remove same at any time during the term of the Lease. Upon the expiration or earlier termination of the Lease, Tenant shall be required to remove the Rooftop Equipment (and related equipment on the roof any associated cabling and wiring) and to restore any portion of the Building that are existing and in place as of the date of this Lease (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) shall be subject affected thereby 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall restore the roof of the Building to its condition existing prior to the installation of the such Rooftop Equipment, ordinary wear and tear excepted. Tenant shall further protect, defend, indemnify and hold harmless the Landlord Parties from and against any and all Claims imposed upon or incurred by or asserted against any one or more of the Landlord Parties arising out of Tenant’s operation, installation, maintenance, repair, at its sole cost replacement and expense, any damage or destruction caused by the removal of the Rooftop Equipment. All work performed by , which indemnity shall survive the expiration or on behalf earlier termination 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 guarantyLease.
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Roof Rights. During the Term of the Lease Term(as it may be extended), upon not less than thirty (30) days prior written notice to Landlord, Tenant shall have the right to maintain its microwave antenna install and related equipment maintain, on the roof of the Building that are existing in an area not to exceed thirty (30) square feet, satellite dishes (but not microwave dishes), television antennas, related receiving equipment, related cable connections and any and all other related equipment (collectively, "Satellite Dish") required in place as connection with Tenant's communications and data transmission network. The proposed construction and installation and general appearance of the date Satellite Dish and the exact location of this Lease (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) any such Satellite Dish shall be subject reasonably acceptable to the prior written consent of Landlord, and Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such consent approvals and permits for the Satellite Dish, and shall provide copies of such approvals and permits to be given or withheld in Landlord’s sole discretion. Tenant’s shall comply with the following terms and conditions , prior to commencing any work with respect to the Existing Antenna and any Antenna Changes (collectively, the “Equipment”): (a) the Equipment such Satellite Dish. Tenant shall be in conformity with all applicable zoning and other laws, (b) with respect to the Antenna Changes, Landlord must first approve the size of, location of, and specifications pay for the Antenna Changes, and (c) the location, installation and maintenance of the Equipment shall (i) be subject to and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental lawscosts and expenses in connection with the installation, codesmaintenance, rules, regulations use and ordinances in effect from time to time; (ii) be located on that part removal of the roof as Landlord may from time to time designate away from Satellite Dish, and shall pay for the perimeter cost 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 roofall utilities used in connection therewith, at Landlord’s sole cost and expense); and (iii) but in no manner interfere with the use of any other communications equipment installed on the roof prior to the time event shall Tenant installs the Equipment. Tenant shall not be obligated to pay Landlord any additional rent rental for such use that portion of the roofroof of the Building on which the Satellite Dish shall be located. During Tenant's indemnification of Landlord, as set forth in Section 4.6, above, shall apply to all areas used by Tenant on the Lease Termroof of the Building pursuant to the terms of this Section 14.15 as if the same were part of the Premises. Upon the expiration of the Term of the Lease, Tenant warrants that it willshall, at its sole cost and expense, maintain in force remove the Satellite Dish and effect, in addition to repair any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall 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 guarantyresulting therefrom.
Appears in 1 contract
Roof Rights. During the Lease TermWithout limiting any other provision of this Lease, Tenant Lessee shall have the exclusive right to maintain its microwave antenna install satellite dishes, antennae and related equipment (collectively, the "Dish") and supplemental HVAC units ("HVAC Units") on the roof of the Building that are existing and in place as of (including necessary connection to the date of this Lease (the “Existing Antenna”). Any changes toPremises) for use by Lessee, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) provided any such installations shall be subject to the Lessor's prior written consent, which consent of Landlordshall not be unreasonably withheld, conditioned or delayed. Any 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 facilities shall be installed in conformity accordance with all applicable zoning laws and other laws, (b) with respect building codes. The HVAC Units and the Dish shall be screened to Lessor's reasonable satisfaction. Lessee shall remove such facilities at the expiration or earlier termination of the Lease; provided Lessee shall repair any damage to the Antenna 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 roof caused by such removal. Prior to and completed in accordance with the terms and conditions of Section 15 of this Lease and with making any and all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to time; (ii) be located installations 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except Lessee shall use a roofing contractor for all work to be performed by Lessee on the roof of the Building approved by Lessor, which approval shall not be unreasonably withheld, conditioned or delayed. Lessee shall furnish detailed plans and specifications for the HVAC Units and the Dish (or any modification thereof) to Lessor for its approval. The parties agree that Lessee’s use of the rooftop of the Building is an exclusive use. Lessee shall secure and 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 extent caused HVAC Units and the Dish 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 Landlord’s gross negligence or willful misconductlessors of buildings of similar class and character in Xxxxxx County, New Jersey with respect to similar installations. Landlord reserves In connection with the right to grant to other tenants installation, maintenance and licensees similar rights on or around operation of the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. TenantHVAC Units and the Dish, Lessee, at its Lessee's sole cost and expense, will keep 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 Equipment permissibility of HVAC Units and surrounding area 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 good order connection with the installation of the HVAC Units and repair the Dish, Lessor shall perform same at Lessee's cost and free from expense and Lessee shall not perform any hazard such installation prior to person 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 propertyrepairing 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 or other representative) at all times be accompanied by a representative of Lessor. Upon termination Lessee shall pay for all electrical service required for Lessee's use of this Leasethe HVAC Units and the Dish, Tenantin accordance with the provision set forth in Article 22 hereof Lessee, at its sole cost and expense, shall remove promptly repair any and all damage to the Equipment and shall restore the roof rooftop or to any other part of the Building to its condition existing prior 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 for repairs of the roof, 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 in any other part of the Building pursuant to the installation provisions of this Article 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 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 EquipmentHVAC Units and the Dish by Lessee. Upon the expiration of the Term, ordinary wear and tear excepted. the Dish (but not the HVAC Units to the extent installed as part of the Tenant Improvements) shall further repair, be removed by Lessee at its sole cost and expense, and Lessee shall repair any damage to the rooftop or destruction caused by the removal any other portions of the EquipmentBuilding to substantially their condition immediately prior to Lessee's installation of the Dish (ordinary wear and tear excepted). All work performed by The rights granted in this Article 55 are given in connection with, and as part of the rights created under this Lease and are not separately transferable or on behalf assignable. If the installation of Tenant on the rooftop shall be done under HVAC Units and the supervision of a representative of Landlord at such time and Dish or act or omission relating thereto should revoke, negate or in such a any manner that is satisfactory to Landlord and in such a manner so as to not void impair or limit any roof warranty or guarantyguaranty obtained by Lessor, then Lessee shall reimburse Lessor for any loss or damage sustained or costs or expenses incurred by Lessor as a result of such impairment or limitation.
Appears in 1 contract
Samples: Lease (Griffin Capital Essential Asset REIT II, Inc.)
Roof Rights. During Subject to the Lease Termterms and conditions of this Section, (a) Tenant shall have the right, in common with the rights of Landlord, other tenants of the Building and 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 interior of the Premises (provided, 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 maintain its microwave antenna time, as may be reasonably approved by Landlord in advance except in the case of an emergency, over the roof of the Building to the extent necessary to install, maintain, inspect, repair, and related equipment 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 that are existing and in place as exceeding an average rate of forty (40) pounds of live load per square foot of roof area. Notwithstanding the date foregoing provisions of this Lease (the “Existing Antenna”). Any changes toSection, modifications to, Tenant may not install any Communications Equipment or replacements of the Existing Antenna (the “Antenna Changes”) shall be subject connect any Communications Equipment to the Premises except with the prior written consent approval of Landlord, such consent to which approval shall not be given or withheld in Landlord’s sole discretionunreasonably withheld. Tenant’s shall comply with the following terms and conditions In furtherance thereof, with respect to the Existing Antenna and any Antenna Changes (collectivelyCommunications Equipment, the “Equipment”): (a) the Equipment Tenant shall be in conformity with all applicable zoning and other laws, (b) with respect submit to the Antenna Changes, Landlord must first approve the size of, location of, plans and specifications (including, but not limited to, design, size, weight and configuration) for such Communications Equipment and the Antenna Changes, and (c) the location, installation and maintenance of the Equipment shall (i) be subject to and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, at Landlord’s sole cost and expense); and (iii) in no manner interfere with the use of any other communications equipment installed 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 conditional. 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) 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 restore the affected portions of the Building to as near as practicable its condition prior to the time Tenant installs the Equipment. installation thereof; provided, however, that Tenant shall not be obligated to pay any additional rent remove conduits and wiring for such use Communications Equipment which is located within walls or within ceiling plenums of the roofBuilding. During the Lease TermIn addition, Tenant warrants that it willshall, at its sole cost and expense, (i) maintain the integrity and watertightness of the roof and other areas around and affected by any such penetrations and attachments and (ii) remove all Communications Equipment and related equipment and repair and restore the area of the roof affected by the penetrations and attachments, at the expiration or earlier termination of the Lease Term or Landlord may perform same for Tenant’s account and at Tenant’s expense. Further, in no event shall the installation, operation, maintenance, repair, replacement or removal of any Communications Equipment interfere with the use or occupancy of the Building by any tenant or by others entitled thereto or with the use of any other Tenants’ Communications Equipment. In addition, Tenant shall be solely responsible for obtaining and maintaining in full force and effecteffect such permits, in addition to any licenses, approvals, special permits and other insurance requirements of this Leasegovernmental authorizations, insurance (such insurance to provide coverage for both Landlord and Tenantif any, as named insuredsshall be required for the installation, maintenance and operation of the Communications Equipment by applicable law, by-law, rule or regulation and the failure or inability of Tenant to obtain any such permits, licenses, approvals, special permits and other governmental authorizations shall in no way (i) with coverage limits constitute a default of not less than One Hundred Thousand and 00/100 Dollars Landlord, ($100,000.00ii) for roof damage claims. give Tenant shall furnish Landlord with a copy of such insurance policy any right to an abatement, offset or a certificate thereof upon Tenant’s execution of 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 shall indemnify, defend are in common with the rights of Landlord and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use other tenants of the Equipment Building from time to time to use or with Tenant’s activities on to grant to or having access license others from time to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves time the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding area in good order and repair and free from use any hazard to person or property. Upon termination portion of this Lease, Tenant, at its sole cost and expense, shall remove the Equipment and shall restore the roof for the installation, operation, replacement, repair, renovation, removal and inspection of communications, reception, transmission, or other like equipment and appurtenances. Further, the Building rights herein granted 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 expire if (i) there shall be an Event of the Equipment. All work performed by or on behalf Default of Tenant on the rooftop under this Lease or (ii) this Lease 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 terminate or guarantyotherwise expire.
Appears in 1 contract
Samples: Commencement Date Agreement (Indevus Pharmaceuticals Inc)
Roof Rights. During Subject to the Lease Termterms and conditions of this Section 21, Landlord shall provide Tenant shall have with a non-exclusive license to install, maintain and replace from time-to-time one (1) satellite dish not to exceed 36” in diameter (the right to maintain its microwave antenna and related equipment “Rooftop Equipment”) on the roof of the Building that are existing Building, at Tenant’s sole cost and in place as of expense (including all costs and expenses associated with screening the date of this Lease (the “Existing Antenna”Rooftop Equipment). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) 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 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 following: (i) be subject to and completed in accordance with requirements of the terms and conditions of Section 15 of this Lease and with any applicable laws and all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to timelegal requirements; (ii) be located on that part 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 as Landlord may from time to time designate away from the perimeter of the roof so as not to be visible from Building at Tenant’s reasonable expense; and (iv) compliance with the street level (except that Landlord may after the initial installation conditions of any portion of such Equipment from time roof bond, warranty or guarantee maintained by Landlord on the Building. Landlord shall endeavor to time cause Tenant to relocate such Equipment to another portion of the roofmake reasonable provisions, at LandlordTenant’s sole cost and expense); and (iii) , for Tenant’s reasonable access to the Rooftop Equipment, whether installed by the Commencement Date or at some later date in no manner interfere with the use future. In addition, Tenant’s rights hereunder are subject to the preexisting rights of any other communications tenants of the Building to install equipment installed on the roof prior to Tenant’s installation of its Rooftop Equipment pursuant to rights granted to such other tenants prior to the time Tenant installs date hereof. Additionally, in no event shall the EquipmentRooftop Equipment be allowed to interfere with any other equipment on the roof or with Landlord’s operation of the Building. Tenant shall not With the exception of the obligation for expenses as provided herein, there will be obligated to pay any additional rent no charge by Landlord for such Tenant’s use of the roof. During roof during the Lease Term, Tenant warrants that it will, at its sole cost Term and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution all renewal terms of this Lease. Tenant shall indemnifybe responsible for the repair of any damage to any portion of the Building or the Premises caused by Tenant’s installation, defend use or removal of the Rooftop Equipment. Tenant shall maintain the Rooftop Equipment in good, clean and safe condition. The Rooftop Equipment shall remain the exclusive property of Tenant, and Tenant shall remove same at the expiration or earlier termination of this Lease 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, the rights locate the Rooftop Equipment granted under this Section 21 shall lapse, and Tenant shall be required to remove the Rooftop Equipment in accordance with the provisions hereinabove. Tenant shall protect, defend, indemnify and hold harmless Landlord harmless from and against any and all losses, claims, damages, costsliabilities, costs or expenses of every kind and nature (including without limitation, reasonable attorneys’ fees) imposed upon or liabilities incurred by or asserted against Landlord arising in connection with out of Tenant’s installation, maintenance (maintenance, use or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall 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 Rooftop Equipment. All work performed by or on behalf Except as expressly set forth in this Section 21, the terms and provisions of Tenant on the rooftop this Lease shall be done under fully applicable to the supervision of a representative of Landlord at such time and Rooftop Equipment in such a the same manner that is satisfactory to Landlord and in such a manner so as to not void any roof warranty or guarantyPremises and Tenant’s personal property therein, including, without limitation, all of Tenant’s obligations with respect to insurance.
Appears in 1 contract
Samples: Agreement of Lease (Lionbridge Technologies Inc /De/)
Roof Rights. During In accordance with, and subject to, this Section 24.45 (including Tenant's obtaining all requisite permits and compliance with Landlord's reasonable construction rules and conditions as well as Landlord's reasonable approval of the Lease Termcontractors, vendors and materialmen in connection with the same), Tenant shall have the right non‑exclusive right, at no additional fee (but subject to maintain its Landlord's reasonable approval as provided in this Section 24.45), to install and maintain, at Tenant's sole cost and expense, rooftop chillers, mechanical equipment relating to the conduct of business within the Premises, telecommunications antennas, microwave antenna dishes and related equipment other communications equipment, including a reasonable sized dish on the roof of the Building that are existing (and in place 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 from within the Premises (all such equipment is defined collectively as the "Rooftop Equipment") upon the roof of the date of this Lease (the “Existing Antenna”)Building. Any changes to, modifications to, or replacements Tenant's use of the Existing Antenna (roof of the “Antenna Changes”) Building shall be subject to the prior written consent of Landlord, such consent to be given non‑exclusive. Landlord makes no representations or withheld in Landlord’s sole discretion. Tenant’s shall comply with the following terms and conditions warranties whatsoever 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 Changes, Landlord must first approve the size of, location of, and specifications for the Antenna Changes, and (c) the location, installation and maintenance condition of the Equipment shall (i) be subject to and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except or the fitness or suitability of the roof of the Building for the installation, maintenance and operation of the Rooftop Equipment, including, without limitation, with respect to the extent caused by Landlord’s gross negligence quality and clarity of any receptions and transmissions to or willful misconduct. Landlord reserves from the right to grant to other tenants Rooftop Equipment and licensees similar rights on or around the presence of any interference with such signals whether emanating from the Building roof or otherwise. The location, physical appearance, the size, the design and the weight of the Rooftop Equipment shall be subject to Landlord's reasonable approval, which do approval will not unreasonably interfere with Tenant’s rights hereunderbe withheld so long as such Rooftop Equipment does not create a Design Problem. TenantTenant shall maintain such Rooftop Equipment, at its Tenant's sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, will keep then Tenant shall give Landlord prior notice thereof. If the Rooftop Equipment and surrounding area in good order and repair and free from any hazard to person constitutes a Specialty Alteration, Tenant shall remove such Rooftop Equipment upon the expiration or property. Upon earlier termination of this Lease, or upon the termination of Tenant's rights under this Section 24.45, at its sole cost and expense, shall remove the Equipment and shall restore the roof of the Building to its condition existing prior to the installation of the Equipment, ordinary wear and tear exceptedrepair any damage caused by such removal. Tenant shall further repairnot be entitled to license its Rooftop Equipment to any unrelated third party, at its sole cost and expensenor shall Tenant be permitted to receive any revenues, fees or any damage or destruction caused other consideration for the use of such Rooftop Equipment 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 guarantyan unrelated third party.
Appears in 1 contract
Roof Rights. During (a) Subject to the Lease Termprovisions of Article 8 of this Lease, Landlord shall not unreasonably withhold its consent to the installation by Tenant shall have the right to maintain its of one or more communications antennae, microwave antenna or satellite dishes, together with related equipment, mountings, and related equipment supports (collectively, “Telecommunications Equipment”), on the roof of the Building that are existing and in place 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 provide Tenant with space on the roof of the date Building upon receipt of this Lease Tenant’s written request to install Tenant’s Telecommunication Equipment (but in no event shall the “Existing Antenna”aggregate amount of such space exceed at any point in time ten (10) square feet). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) shall be subject to the prior written consent terms of Landlordthis Section, such consent and Landlord reserves the right to be given or withheld charge Tenant a market rate fee in Landlord’s sole discretionconnection therewith. Tenant acknowledges and agrees that any use of the roof space by Tenant for the installation and operation of 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 Telecommunications Equipment shall be in conformity with all applicable zoning and other lawson a non-exclusive basis, (b) with respect except as to the Antenna 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to time; (ii) be located on that part portion of the roof space provided by Landlord to Tenant as Landlord aforesaid. Tenant may from time to time designate away from the perimeter of use 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 space and Telecommunications Equipment from time to time cause Tenant to relocate such Equipment to another portion of the roof, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent solely for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend own use (and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintainnot for resale purposes), removal or use of the provided, however, that as long as Tenant has exercised its rights hereunder and actually installed Telecommunications Equipment or with Tenant’s activities on or having access to the roof of the Building, except nothing in this Lease shall be construed to prohibit the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with transfer of Tenant’s rights hereunderwith respect to any such Telecommunications Equipment to any permitted sublessee or assignee of this Lease. The height, diameter, design and installation of the satellite dishes or other Telecommunications Equipment shall be 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, service, repair, operation and use of Tenant’s Telecommunications Equipment. All work in connection with the installation of Tenant’s Telecommunications Equipment, including core drilling and reinforcing the roof of the Building, if required, shall be performed at its Tenant’s sole cost and expense, will keep including the Equipment cost of a fire watch and surrounding area in good order and repair and free from related supervisory costs relating to any hazard to person or property. Upon termination of this Leasecore drilling, Tenant, at its sole cost and expense, shall remove the Equipment and shall 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 which shall be done under the supervision of a representative of Landlord at such time and performed in such a manner that is satisfactory and at such times as Landlord shall reasonably prescribe. References in this Section to Landlord the Telecommunications Equipment shall be deemed to include such riser and in such a manner so as to not void any roof warranty or guarantythe electrical and telecommunication conduits therein.
Appears in 1 contract
Samples: Lease (Cowen Group, Inc.)
Roof Rights. During (a) Subject to the Lease Termrequirements of this Section 8.19, Tenant shall have 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 right to maintain its microwave antenna and related equipment “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 are existing and in place as of the date of this Lease (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, at LandlordTenant’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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall restore the roof of the Building is a non-exclusive use and Landlord may permit any person or entity to its condition existing prior 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, ordinary wear and tear excepted. Tenant shall further repairshall, prior to any installation of the Communications Equipment, perform the same at its 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 destruction non-structural) caused by to the removal roof or any other portion of the Equipment. All work performed Building or its fixtures, equipment and appurtenances by reason of the installation, maintenance or on behalf 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 rooftop 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 Building, 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 done under the supervision of a representative of Landlord at such time borne by Tenant; and (ix) no satellite dish or other Communications Equipment may be more than 24 inches in such a manner that is satisfactory to Landlord and in such a manner so as to not void any roof warranty or guarantydiameter.
Appears in 1 contract
Samples: Lease (Bowne & Co Inc)
Roof Rights. During the Lease Term, Tenant shall have the right to maintain right, at its microwave antenna sole cost and related equipment on expense, in ----------- connection with the roof making of the Building that are existing and in place as of Tenant Improvements or at any time thereafter during the date of this Lease (the “Existing Antenna”). Any changes toTerm, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) shall be subject to but only upon obtaining the prior written consent thereto of Landlord (which consent of Landlord shall not be unreasonably conditioned, withheld or delayed) after Landlord's review and approval of detailed plans and specifications therefor (which approval may be withheld by Landlord, such consent in its sole and absolute discretion), to be given or withheld in Landlord’s sole discretion. Tenant’s shall comply with install on the following terms and conditions with respect to the Existing Antenna and any Antenna Changes roof up to, but not more than, six (collectively6) condenser units at a location, the “Equipment”): (a) the Equipment shall be in conformity with all applicable zoning and other laws, (b) with respect to the Antenna Changes, Landlord must first approve the size of, location ofof a size, and specifications for otherwise in a manner satisfactory to Landlord. Tenant shall also have the Antenna Changesright, and (c) the location, installation and maintenance of the Equipment shall (i) be subject to and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to time; (ii) be located on that part , to enter upon the roof, but only after notifying Landlord of the roof as Landlord may from time need therefor and obtaining Landlord's prior consent thereto, to time designate away from maintain and make necessary repairs to such condenser units, all such maintenance and repairs to be made at the perimeter sole cost and 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 street ground 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 roofPark, and (b) Tenant shall employ, 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 installs the Equipment. Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its Tenant's sole cost and expense, maintain a roofer designated by Landlord for any penetrations of the roof of the Building required in force connection with the installation of such condenser units. Tenant hereby acknowledges and effectagrees 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 addition connection with the installation of any such condenser units, then and in any 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 other insurance requirements such penetrations of the roof of the Building made by Tenant, and Tenant shall reimburse Landlord for the costs thereof within fifteen (15) days after being billed therefor by Landlord, (ii) an Event of Default shall be deemed to have occurred pursuant to the terms and conditions of this Lease, insurance and (such insurance to provide coverage for both Landlord and Tenant, as named insuredsiii) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against any claims, damages, and all costs, expenses losses or liabilities arising in connection with Tenant’s installationthat Landlord shall suffer or incur at any time thereafter (including, maintenance (without limitation, at any time after the Expiration Date or failure to maintain), removal or use the date of any sooner termination of the Equipment Term of this Lease) that, but for the penetrations of the roof of the Building made by Tenant in contravention of the terms and conditions of this Section 8, would have been covered by the terms and conditions of any warranty or guaranty with Tenant’s activities on or having access respect to the roof of the Building, except Building available to Landlord. Any such condenser units installed by Tenant pursuant to the extent caused preceding provisions of this Section 8 shall be deemed to be Alterations governed by Landlord’s gross negligence the terms and conditions of the Lease. Notwithstanding anything to the contrary set forth elsewhere in this Lease, upon the written request of Landlord made at any time at or willful misconduct. Landlord reserves prior to the right to grant to other tenants and licensees similar rights on expiration date of the Term or around the Building roof which do not unreasonably interfere sooner termination thereof in accordance with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding area in good order and repair and free from any hazard to person or property. Upon termination of this Lease, Tenant, at its Tenant's sole cost and expense, shall remove any such condensers installed by Tenant at the Equipment and shall restore the roof expiration date of the Building 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 its condition existing prior to the installation these rules and regulations is necessary so that each and every tenant will enjoy safe and unannoyed occupancy. Any repeated or continuing violation of the Equipmentthese rules and regulations by Tenant after notice from Landlord, 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 sufficient cause for termination of this Lease at the supervision option 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 guarantyLandlord.
Appears in 1 contract
Roof Rights. During Provided Tenant is not in Default under the Lease Termterms of this Lease, Tenant shall have the right is hereby granted a non-exclusive license to install and maintain its microwave antenna and related equipment on the roof of the Building that are existing in an area not exceeding 250 square feet, at Tenant's sole cost and in place as of the date of this Lease expense, two (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”2) 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 antenna(e) and conditions with respect to the Existing Antenna related equipment and/or one back-up generator and any Antenna Changes related equipment (collectively, the “"Equipment”): (a") the Equipment shall be in conformity with all applicable zoning and other laws, (b) with respect to the Antenna 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 and completed in accordance with on the terms and conditions set forth herein. Prior to the installation of Section 15 the Equipment on the roof, Tenant shall provide in writing to Landlord the Equipment specifications, including the total square footage, location, and design of the Equipment for approval by Landlord, in Landlord's sole and absolute discretion. If required by Landlord, the Equipment, at Tenant's cost and expense, shall be screened with a material similar to the exterior of the Building so as to cause the screening to appear to be part of the Building. If any repairs or replacement of the roof or other materials on the roof are required, Tenant shall pay the cost and expense for Landlord to remove or relocate the Equipment for such reasonable time as may be necessary for Landlord and its contractors and agents to conduct such repair or replacement. Tenant shall be solely responsible for any damage to or loss of the Equipment and shall carry loss and casualty insurance with full replacement value coverage. Landlord, at its option, shall remove or require Tenant to remove the Equipment upon the termination of this Lease Lease, and with Tenant shall promptly reimburse Landlord for the cost and expense to repair any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 damage caused to the time Tenant installs the EquipmentBuilding in connection with such removal. Tenant shall not be obligated entitled to pay any additional rent for such use modify or add to the Equipment without Landlord's prior written consent. The placement of the roof. During Equipment shall not interfere with any existing facilities, including but not limited to existing equipment of other tenants of the Lease TermBuilding, Tenant warrants that it will, at its sole cost and expense, maintain located in force and effect, in addition to any other insurance requirements or on the roof of this Lease, insurance (such insurance to provide coverage for both Landlord and Tenant, as named insureds) with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claimsthe Building. Tenant shall furnish Landlord with a copy be responsible for obtaining (prior to installation of such insurance policy the Equipment) any and all permits or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against licenses that may be required by any claims, damages, costs, expenses or liabilities arising governmental authorities in connection with Tenant’s installationthe Equipment. Tenant acknowledges that Landlord and its agents, maintenance (or failure to maintain)employees, removal or use of the Equipment or with Tenant’s activities on or having contractors and consultants shall retain reasonable access rights to the roof of the Building, except Building through the corridors and stairwells located within or adjacent to the extent caused by Landlord’s gross negligence Premises for purposes related to the operation, maintenance or willful misconduct. Landlord reserves the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall 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 equipment used in such a manner that is satisfactory to Landlord and in such a manner so as to not void any roof warranty or guarantyconnection therewith.
Appears in 1 contract
Samples: Lease Agreement (Tickets Com Inc)
Roof Rights. During To the Lease Termextent legally permitted, Tenant shall have the right to 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 ------------- ----------- a non-exclusive license (the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) 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 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 and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and 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 roof, 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 installs the Equipment. Tenant which shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain assignable except in force and effect, in addition to any other insurance requirements conjunction with an assignment of this Lease, insurance ) to install Tenant's communications equipment and supplementary HVAC equipment (such insurance to provide coverage for both Landlord and Tenant, as named insuredsthe "Roof Equipment") with coverage limits of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising in connection with Tenant’s installation, maintenance (or failure to maintain), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except in locations acceptable to Landlord, subject to Landlord's prior approval of the size and type of such equipment. Tenant shall perform the installation in a manner acceptable to Landlord. The installation of the Roof Equipment shall be completed in a workmanlike manner, in accordance with all applicable laws and regulations, in a manner which does not adversely affect the roof warranty, and in 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 Roof Equipment. Tenant shall be solely responsible for paying all costs and expenses related to the extent caused installation of the Roof Equipment, and shall indemnify Landlord for any costs which Landlord might incur due to Tenant's installation of the 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 shall, unless otherwise expressly directed in writing by Landlord’s gross negligence or willful misconduct. Landlord reserves , remove the right to grant to other tenants and licensees similar rights on or around the Building roof which do not unreasonably interfere with Roof Equipment at Tenant’s rights hereunder. Tenant, at its 's sole cost and expense, will keep the Equipment and surrounding 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 remove the Equipment and shall restore the roof integrity of the Building roof and repair (in a manner acceptable to its condition existing prior Landlord) any damage 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 Project caused by the removal of the Roof Equipment. All work performed by or on behalf of ; and, if Tenant on fails to remove the rooftop same, then the Roof Equipment shall be done 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 insurance premiums for the Buildings are increased as a result of the installation of the Roof Equipment, then Tenant shall pay its share of any such increase directly attributable to such installation upon receipt of adequate documentation. Notwithstanding the terms of this Section 12.06, Landlord makes no representations as to whether any such Roof Equipment is presently permitted under the supervision of a representative of Landlord at such time and in such a manner that current zoning ordinance to which the Project is satisfactory to Landlord and in such a manner so as to not void any roof warranty or guarantysubject.
Appears in 1 contract
Roof Rights. During the Lease Term, 3.01 Tenant (or a transferee in connection with a Permitted Transfer) shall have the right to maintain its microwave antenna and related equipment lease space on the roof of the Building that are existing and for the purpose of installing (in place as accordance with 9.03 of the date of this Lease Lease), operating and maintaining up to six (6) 24 inch dish/antennae or other communication devices approved by the “Existing Antenna”). Any changes to, modifications to, or replacements of Landlord including all reasonable mountings and supports for the Existing Antenna (the “Antenna Changes”) 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 foregoing (collectively, the “EquipmentDish/Antenna”): (a) and to run new lines and conduits and cables in locations determined by Landlord in its reasonable discretion, of the Equipment shall be in conformity with all applicable zoning size, type and other lawsquality thereof, (b) with respect to the Antenna Changes, Landlord must first approve the size of, location of, and specifications reasonably necessary for the Antenna Changes, and (c) the location, installation and maintenance operation of the Equipment shall (i) be subject to and completed in accordance with Dish/Antenna from the terms and conditions of Section 15 of this Lease and with any and all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to time; (ii) be located on that part location thereof into the Premises. The exact location 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 roof, at Landlord’s sole cost and expense); and (iii) in no manner interfere with the use of any other communications equipment installed space on the roof prior to the time Tenant installs the Equipment. be leased by Tenant shall not be obligated to pay any additional rent for such use of the roof. During the Lease Term, Tenant warrants that it will, at its sole cost and expense, maintain in force and effect, in addition to any other insurance requirements of this Lease, insurance (such insurance to provide coverage for both designated by Landlord and Tenant, as named insuredsshall not exceed three (3) with coverage limits of not less than One Hundred Thousand feet in diameter and 00/100 Dollars ten ($100,000.0010) for roof damage claims. Tenant shall furnish Landlord with a copy of such insurance policy or a certificate thereof upon Tenant’s execution of this Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, damages, costs, expenses or liabilities arising feet in connection with Tenant’s installation, maintenance height per Dish/Antenna (or failure to maintainthe “Roof Space”), removal or use of the Equipment or with Tenant’s activities on or having access to the roof of the Building, except to the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to grant relocate the Roof Space as reasonably necessary during the Term. Landlord’s designation shall take into account Tenant’s use of the Dish/Antenna. Notwithstanding the foregoing, Tenant’s right to other tenants install the Dish/Antenna shall be subject to the approval rights of Landlord and licensees similar rights on or around Landlord’s architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building roof and the manner in which do any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the “Plans and Specifications”) shall be submitted to Landlord for Landlord’s written approval no later than 20 days before Tenant commences to install the Dish/Antenna. Landlord shall approve, disapprove or otherwise act with respect to the Plans and Specifications submitted to Landlord within seven (7) Business Days after Landlord’s receipt thereof. If Landlord rejects such Plans and Specifications, in whole or in part, Landlord shall specify in reasonable detail the reason for such rejection. Landlord shall approve, disapprove or otherwise act with respect to any resubmissions of such Plans and Specifications within five (5) Business Days after receipt by Landlord. If Landlord shall fail to approve, disapprove or otherwise respond within the seven (7) Business Day time period set forth above with respect to the initial submission of such Plans and Specifications, or within the five (5) Business Day time period for resubmissions set forth above, Tenant may deliver to Landlord a second written request (in large, capped and bolded font) for such approval that (a) specifically refers to the provisions of this Section 3.01 of this Exhibit F and (b) states that such consent will be deemed given upon Landlord’s failure to respond within such seven (7) Business Day or five (5) Business Day period, as applicable. If Landlord fails to respond within five (5) Business Days after Landlord’s receipt of such second written notice from Tenant, Landlord shall be deemed to have approved such Plans and Specifications or resubmissions, as applicable, effective as of the expiration of such second five (5) Business Day period. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord reasonably determines that the Dish/Antenna equipment does not unreasonably interfere comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant promptly shall cure the defects. If the Tenant fails to promptly cure the defects, Tenant shall pay to Landlord within 10 days of demand the cost, as reasonably 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 sole discretion, deems it necessary, Tenant shall provide and install, at Tenant’s rights hereunder. Tenant, at its sole cost and expense, will keep the Equipment and surrounding area in good order and repair and free from any hazard to person or property. Upon termination of this Leaseappropriate aesthetic screening, Tenant, at its sole cost and expense, shall remove the Equipment and shall 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 reasonably satisfactory to Landlord and in such a manner so as to not void any roof warranty or guarantyLandlord, for the Dish/Antenna (the “Aesthetic Screening”).
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