Roof Rights. Tenant shall be granted the right to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna. a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld. c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty. d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project. e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance. f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 5 contracts
Samples: Office Lease (Worldwide Wireless Networks Inc), Office Lease (Worldwide Wireless Networks Inc), Office Lease (Worldwide Wireless Networks Inc)
Roof Rights. Subject to all governmental laws, rules and regulations and compliance with the CC&R's, Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the nonexclusive right and access, without further payment of Rent to Landlord, to install, repair, replace, remove, operate and maintain satellite dishes and/or microwave dishes, and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing. Tenant's installation and operation of the Communication Equipment shall be granted governed by the following terms and conditions:
(i) Tenant's right to install one (1) antenna in install, replace, repair, remove, operate and maintain the Antenna Area at Tenant's expense and Communication Equipment shall be subject to appropriate all governmental approval laws, rules and regulations and Landlord makes no representations that such laws, rules and regulations permit such installation and operation. Any such installation shall be under the supervision of Landlord, by a contractor approved by Landlord and shall be installed in a lien-free manner in accordance with the provisions of this Lease.
(ii) The exact size, quality, materials and aesthetics of, and any required screening for, the Communication Equipment shall be subject to Landlord's reasonable approvalprior written consent which shall not be unreasonably withheld or delayed. Prior In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to installation Landlord's prior written consent, which shall not be unreasonably withheld or delayed.
(iii) All costs of installation, operation and maintenance of the antennaCommunication Equipment and any necessary related equipment (including, Tenant without limitation, costs of obtaining any necessary permits and of connections to the Building's electrical system) shall submit be borne by Tenant. All such Communication Equipment shall be screened to Landlord all plans, specifications commercially reasonable standards and drawingsto prevent visual impairment. Tenant shall be responsible for the installationreplacement, maintenance repair and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below)maintenance, Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and expense, of those areas on the roof of the PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Building surrounding Tenant's Communication Equipment to the extent any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in good and work-manlike manner. this Lease.
(iv) Tenant shall have and retain whatever title and rights endeavor to use the Communication Equipment so as not to cause any interference (i) with any other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities.
(v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment as it has will be able to receive or claims transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to haveTenant therefor.
(vi) Tenant's rights with respect to such Communication Equipment shall be personal to the Original Tenant executing this Lease and may not be assigned or transferred to, exclusive or utilized by, any other person or entity with the exception of space in and structural portions any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the buildingsBuilding or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof for Communication Equipment or otherwise without Landlord's consent, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c(vii) The Equipment and Cables Tenant shall remain (i) be solely responsible for any damage caused as a result of the property of Tenant or its contractor during the Term. Tenant shallCommunication Equipment, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possiblepromptly pay any tax, Tenant shall restore Landlord's affected facilities license or permit fees charged pursuant to their original condition, including repainting any laws or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense regulations in connection with the installation, maintenance or use of the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of such the Communication Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of repairs required by the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Communication Equipment.
(viii) The Communication Equipment shall remain the sole property of Tenant. Tenant shall remove the Communication Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licenseerelated equipment at Tenant's rights who are sharing roof-top facilities at sole expense upon the Project.
e) Tenant shall maintain in force and effect during expiration or sooner termination of this Lease or upon the Term, comprehensive liability insurance protecting Landlord against imposition of any liability, damages costs governmental law or expenses, in connection with the installation, use and maintenance of the Equipment and Cablesregulation which may require removal, and shall supply repair the Building upon such removal to Landlordthe extent required by such work of removal. If Tenant fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease with respect to such Building, upon LandlordLandlord may do so at Tenant's written request, expense. Landlord reserves the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, right to use and maintenance a portion of the Equipment and Cablesroof space on the Building or lease roof space on the Building to other parties; provided, however, any party to which Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22.
Appears in 3 contracts
Samples: Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc)
Roof Rights. During the Lease Term, Tenant shall be granted have the right to install one maintain its microwave antenna and related equipment on the roof of the Building that are existing and in place as of the date of this Lease (1the “Existing Antenna”). Any changes to, modifications to, or replacements of the Existing Antenna (the “Antenna Changes”) antenna shall be subject to the prior written consent of Landlord, such consent to be given or withheld in Landlord’s sole discretion. Tenant’s shall comply with the following terms and conditions with respect to the Existing Antenna and any Antenna Changes (collectively, the “Equipment”): (a) the Equipment shall be in conformity with all applicable zoning and other laws, (b) with respect to the Antenna Area at Tenant's expense Changes, Landlord must first approve the size of, location of, and specifications for the Antenna Changes, and (c) the location, installation and maintenance of the Equipment shall (i) be subject to appropriate and completed in accordance with the terms and conditions of Section 15 of this Lease and with any and all applicable governmental approval laws, codes, rules, regulations and Landlord's reasonable approval. Prior ordinances in effect from time to time; (ii) be located on that part of the roof as Landlord may from time to time designate away from the perimeter of the roof so as not to be visible from the street level (except that Landlord may after the initial installation of any portion of such Equipment from time to time cause Tenant to relocate such Equipment to another portion of the antennaroof, at Landlord’s sole cost and expense); and (iii) in no manner interfere with the use of any other communications equipment installed on the roof prior to the time Tenant shall submit to Landlord all plans, specifications and drawingsinstalls the Equipment. Tenant shall not be responsible obligated to pay any additional rent for the installation, maintenance and operation and liability such use of the antenna.
a) Landlord agrees that during roof. During the Term (as defined in Section 3 below)Lease Term, Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as warrants that it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shallwill, at its sole cost and expense within fourteen (14) daysexpense, remove or have removed such Equipment maintain in force and Cables upon the earlier of (1) the expiration or termination effect, in addition to any other insurance requirements of this AgreementLease, or insurance (iisuch insurance to provide coverage for both Landlord and Tenant, as named insureds) the expiration with coverage limits of the Leasenot less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for roof damage claims. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection furnish Landlord with the installation, use and maintenance a copy of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof insurance policy or roof membrane as a result certificate thereof upon Tenant’s execution of the installation or any access to the antennathis Lease. Tenant shall indemnify, defend, protect defend and hold Landlord harmless from and against liabilityany claims, damages, costs and expensescosts, including reasonable attorneys' fees incurred expenses or suffered by Landlord directly caused by liabilities arising in connection with Tenant's ’s installation, maintenance (or failure to maintain), removal or use and maintenance of the Equipment and Cablesor with Tenant’s activities on or having access to the roof of the Building, including without limitation, injury and death except to persons, damage the extent caused by Landlord’s gross negligence or willful misconduct. Landlord reserves the right to property and interference with grant to other tenants and licensee's licensees similar rights who are sharing roof-top facilities on or around the Building roof which do not unreasonably interfere with Tenant’s rights hereunder. Tenant, at the Project.
e) Tenant shall maintain in force its sole cost and effect during the Termexpense, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of will keep the Equipment and Cablessurrounding area in good order and repair and free from any hazard to person or property. Upon termination of this Lease, Tenant, at its sole cost and expense, shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of remove the Equipment and Cablesshall restore the roof of the Building to its condition existing prior to the installation of the Equipment, ordinary wear and tear excepted. Tenant shall further repair, at its sole cost and expense, any damage or destruction caused by the removal of the Equipment. All work performed by or on behalf of Tenant on the rooftop shall be done under the supervision of a representative of Landlord at such time and in such a manner that is satisfactory to Landlord and in such a manner so as to not void any roof warranty or guaranty.
Appears in 3 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Aptinyx Inc.), Office Lease Agreement (Aptinyx Inc.)
Roof Rights. 31.1. Except as set forth in this Article 31, Tenant shall be granted will have no right to utilize the roof of the Building for any purpose without Landlord’s prior written consent, which will not unreasonably conditioned, withheld or delayed.
31.2. In connection with Tenant’s request to utilize the roof for the purpose of installing transmission and/or reception equipment, the following will apply:
(A) Without limiting any other provision of this Lease, Tenant will have the non exclusive right to install one not more than 3 antennas, satellite dishes, or other telecommunications equipment (1individually and collectively, the “Antenna”) antenna in on the Antenna Area at roof of the Building (including necessary connection to the Premises) for use by Tenant's expense and , provided any such installations will be subject to appropriate governmental approval Landlord’s prior written consent, which consent will not be unreasonably withheld, conditioned or delayed. Any Antenna will be installed in accordance with all applicable Laws. Tenant will remove such Antenna at the expiration or earlier termination of this Lease and Landlord's reasonable approvalTenant will repair any damage to the roof caused by such removal. Prior to making any installations on the roof of the Building, Tenant will use a roofing contractor for all work to be performed by Tenant on the roof of the Building approved by Landlord, which approval will not be unreasonably withheld, conditioned, or delayed.
(B) Tenant will furnish detailed plans and specifications for the Antenna (or any modifications thereof) to Landlord for its approval. The parties agree that Tenant’s use of the rooftop of the Building is a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person for any use including installation of the antennaother antennas and support equipment. Landlord will use its commercially reasonable efforts to insure that such other persons do not interfere with Tenant’s Antenna. Likewise, Tenant shall submit will use its commercially reasonable efforts to insure that its use of the rooftop does not impair any other person’s data transmission and reception via its respective antennas and support equipment. If Tenant’s construction, installation, maintenance, repair, operation or use of the Antenna interferes with the rights of Landlord all plans(including, specifications and drawings. without limitation, Landlord’s right to reasonable use the remainder of the roof), Tenant shall will cooperate with Landlord or such other tenants in eliminating such interference; provided, however, the cost of remedying such interference will be responsible for borne by whichever party last installed its equipment on the roof causing such interference.
(C) In connection with the installation, maintenance and operation and liability of the antenna.
a) Antenna, Tenant, at Tenant’s sole cost and expense, will comply with all applicable Laws and will procure, maintain and pay for all permits required therefor, and Landlord agrees makes no warranties whatsoever as to the permissibility of an Antenna under applicable Laws or the suitability of the roof of the Building for the installation thereof. If Landlord’s structural engineer deems it reasonably necessary that during there be structural reinforcement of the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord roof in connection with the initial approval process. All installation of Tenant's construction and installation work shall be performed the Antenna, Landlord will perform same at Tenant's sole ’s cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights will not perform any such installation prior to the Equipment as it has or claims to have, exclusive completion of space in and any such structural portions reinforcement. The installation of the buildingsAntenna will be subject to the provisions of Article 9 of this Lease applicable to alterations and installations, which belong except that Landlord need not notify Tenant whether Tenant must remove the Antenna at the end of the Term, it being the intent of the parties that Tenant will remove the Antenna at the end of the Term and repair any damage to the Building resulting from such installation and shall be retained by Landlordremoval. Landlord For the purpose of installing, servicing or repairing the Antenna, Tenant will cooperate with Tenant, at no cost to Landlord, regarding Tenant's have access to utilities and the connection rooftop of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically Building using contractors reasonably approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor Landlprd at all times during the Term. Tenant shallwill pay for all electrical service required for Tenant’s use of the Antenna.
(D) Tenant, at its sole cost and expense, will promptly repair any and all damage to the rooftop or to any other part of the Building caused by the installation, maintenance and repair, operation or removal of the Antenna. Tenant will be responsible for all costs and expense within fourteen (14) daysfor repairs of the roof which result from Tenant’s use of the roof for the construction, remove installation, maintenance, repair, operation and use of the Antenna. All installations made by Tenant on the rooftop or have removed such Equipment and Cables upon in any other part of the earlier of (1) Building pursuant to the expiration or termination provisions of this AgreementArticle 31 will be at the sole risk of Tenant, and neither Landlord, nor any agent or employee of Landlord, will be responsible or liable for any injury or damage to, or (ii) arising out of, the Antenna. Tenant’s indemnity under Section 16.2 of this Lease will apply with respect to the installation, maintenance, operations, presence or removal of the Antenna by Tenant. In addition, any costs incurred by Landlord to repair the roof as required herein after the expiration of the Lease. To Term will be borne solely by Tenant.
(E) Upon the extent reasonably possibleexpiration of the Term, the Antenna will be removed by Tenant shall restore Landlord's affected facilities at its sole cost and expense, and Tenant will repair any damage to the rooftop or any other portions of the Building to substantially their original condition, including repainting or touch-up, excepting condition immediately prior to Tenant’s installation of the Antenna (ordinary wear and tear, and/or damage or destruction due to fire or other casualtytear excepted).
d(F) If the installation of the Antenna or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, Tenant shall bear all expense will reimburse Landlord for any loss or damage sustained or costs or expenses incurred.
31.3. The rights granted in this Article 31 are given in connection with the installation, use and maintenance of such Equipment and Cableswith, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result part of the installation rights created under this Lease and are not separately transferable or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Projectassignable.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 2 contracts
Samples: Lease Agreement (iCIMS Holding LLC), Lease Agreement (iCIMS Holding LLC)
Roof Rights. (a) Tenant shall be granted have the right conditional right, without paying any additional rent, to install one and maintain up to three (13) antenna communication devices (such as a dish or antenna) and related equipment for its own use (collectively, the "Rooftop Equipment") on the roof of the Building in accordance with the terms of this Section. Additional communication devices must be approved by the Landlord, which approval shall be in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and sole discretion of Landlord's reasonable approval. .
(b) Prior to installation of the antennainstalling any such Rooftop Equipment, Tenant shall submit detailed plans and specifications therefore to Landlord for its review. Said plans and specifications shall describe in detail the size, weight, color and configuration of the Rooftop Equipment and any associated equipment (including cabling or other conduits between the Rooftop Equipment itself and the Premises), the proposed location of the same on the roof of the Building, the manner in which the same shall be installed and removed, and the name and license number of the competent licensed contractor who will perform such installation. All such plans shall be subject to Landlord's prior written approval, the size and location of such Equipment may be limited by Landlord in its reasonable judgment, and Landlord may request any reasonable additional changes to the plans and specifications, as Landlord, in its reasonable judgment, deems necessary to protect the structure and aesthetic appearance of the Building and/or Landlord's ability to properly maintain and operate the Building. As a result, the design and installation of said Rooftop Equipment shall be subject to the consistently applied design limitations of the Building and its structural, electrical and mechanical systems. No work may commence with respect to the installation of said Rooftop Equipment until: (i) Landlord has provided Tenant with Landlord's prior written approval of final plans therefor, and (ii) Tenant has provided Landlord with written proof that Tenant has obtained all plansrequired licenses, permits and approvals, if any, from applicable government authorities necessary for the installation and operation of said Rooftop Equipment.
(c) The installation, operation and maintenance of the Rooftop Equipment shall, at all times, comply with all applicable present and future laws, ordinances (including zoning ordinances and land use requirements), regulations, orders or other legal requirements of the United States of America, the Commonwealth of Virginia, and any other public or quasi public authority having jurisdiction over the Building and insurance requirements relating to or affecting the Premises, the Building, the condition thereof, all machinery, equipment and furnishings therein incident to Tenant's occupancy of the Building and its use thereof. The Rooftop Equipment shall be modified, removed or relocated (subject to Landlord's prior written approval) from time to time by Tenant in order to ensure continued compliance with the foregoing requirements. Landlord's approval of any plans and specifications shall in no way constitute a representation or warranty by Landlord that the same are in compliance with any of the foregoing requirements. The installation and drawingssubsequent maintenance of the Rooftop Equipment shall be subject to such reasonable regulations and restrictions as are imposed thereon by Landlord. In the event that the installation or maintenance of the Rooftop Equipment results in damage to the Building or the Project, or Landlord incurs any liability relating to or arising from the same, Tenant agrees: (i) to pay Landlord on demand the costs incurred by Landlord in repairing any such damage, and (ii) to indemnify Landlord against any such liability.
(d) Tenant shall pay all costs associated with the design, installation, maintenance, operation, relocation and removal of the Rooftop Equipment. Tenant shall be responsible reimburse Landlord, as additional rent, for any reasonable costs incurred by Landlord with respect to the Rooftop Equipment, including but not limited to: (i) any increased insurance premiums, (ii) any engineering or architectural fees related to reviewing the aforesaid plans and specifications, it being agreed that Landlord will provide Tenant with an estimate of such fees prior to incurring the same and will allow Tenant to withdraw its request if Tenant desires in lieu of incurring such fees, and (iii) any reasonable legal fees related to the review of the aforesaid requirements and Tenant's compliance therewith. Tenant hereby indemnifies and holds Landlord harmless from and against any claims, liabilities, causes of action, losses, damages and costs incurred by Landlord as a result of the installation, operation, maintenance, relocation or removal of the Rooftop Equipment. Tenant covenants not to damage the roof or any other part of the Building or the Project in the course of installing, maintaining and removing the Rooftop Equipment. Except as expressly set forth in the approved plans therefor, no such installation, maintenance or removal of the Rooftop Equipment shall involve any penetration of the Building's roof or exterior walls.
(e) Tenant covenants that the installation, maintenance, operation, relocation and removal of the Rooftop Equipment shall in no way interfere with Landlord's operation of the Building's systems or with other tenant's use of their premises or operation of their equipment within the Project. In the event of any such interference, the Rooftop Equipment shall be modified, removed or relocated (subject to Landlord's prior written approval) from time to time by Tenant. Landlord shall have the right to require Tenant to temporarily relocate the Rooftop Equipment in order to allow Landlord to complete repairs, maintenance or modification of the Building. In exercising its rights set forth in the immediately preceding sentence, Landlord will use reasonable efforts to minimize any interference with Tenant's use of the Rooftop Equipment.
(f) Tenant shall use the Rooftop Equipment for internal corporate purposes only. No Rooftop Equipment which Tenant is permitted to install on the roof of the Building in accordance with the terms of this Section shall be utilized by anyone other than Tenant or in any manner as a source of revenue to Tenant.
(g) The maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work Rooftop Equipment shall be performed at Tenant's sole cost risk, and expense any damage to the Rooftop Equipment will in no way operate to affect Tenant's obligations under this Lease. Similarly, any condemnation or other governmental action which affects Tenant's ability to maintain and operate the Rooftop Equipment shall in good and work-manlike mannerno way affect Tenant's obligations under this Lease, except as set forth below. In the event that any applicable government authority or other legal requirement prevents Tenant from operating or maintaining the Rooftop Equipment, Tenant shall have and retain whatever title and promptly remove the same. The rights of Tenant set forth in this Section are personal to the Equipment as it has named Tenant herein and may not be assigned, sublet or claims otherwise transferred to haveany third person or entity (notwithstanding a permitted assignment, exclusive sublease or other transfer of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access other rights hereunder). Prior to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possibleTerm, Tenant shall remove the Rooftop Equipment from the Building and reasonably restore Landlord's affected facilities the same to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused its condition prior to the Roof or roof membrane as a result of the installation or any access to the antennathereof. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance failure to so remove the same shall constitute a default subject to Article 8 of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Projectthis Lease.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 2 contracts
Samples: Deed of Lease (Sutron Corp), Deed of Lease (Sutron Corp)
Roof Rights. Tenant So long as it (i) does not impact Landlord’s roof warranty and (ii) complies with all applicable laws, rules and regulations, Tenant, at Tenant’s sole cost and expense, shall have access to the roof of the Building in designated areas mutually agreed upon for the purpose of installation of microwave satellite e.g., satellite television/video conferencing enabling equipment) antenna and other communications devices (the “Roof Equipment”). Notwithstanding the foregoing, all such Roof Equipment shall be granted for the right sole benefit of Tenant, and shall relate specifically to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation ’s use of the antennaPremises, Tenant and shall submit to Landlord all plansnot be used as a switching station, specifications and drawingsamplification station or by Landlord, other tenants or third parties. Tenant shall be responsible make a request for approval of the Roof Equipment hereunder by submission of specific plans and specifications for the installation, maintenance and operation and liability work to be performed by Tenant. Landlord shall respond in writing within fifteen (15) business days from receipt of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below)same, advising Tenant may install, use of approved contractors and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural those portions of the buildings, which belong to work that are acceptable and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection disapproving those portions of the utilities work that are, in Landlord’s judgment, reasonably exercised (including timing of response), unacceptable and with respect to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between plans, specifying in detail the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property nature of Tenant or its contractor during the TermLandlord’s objection. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenancedamages caused by its Roof Equipment, repair for the removal of all Roof Equipment and damage caused the restoration of the roof upon the expiration or early termination of this Lease Agreement unless directed in writing by Landlord otherwise. Landlord shall be named as an additional insured on all Tenant insurance relating to the Roof or roof membrane as a result Equipment. All installation, repair, replacement and modification of the installation or any access to the antenna. Tenant Roof Equipment shall indemnifybe coordinated with Landlord, defend, protect shall only use those approved contractors and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain be in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection accordance with the installation, use Rules and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.Regulations set forth herein;
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Alliance Data Systems Corp)
Roof Rights. (a) Subject to availability, any existing encumbrances and the terms and conditions hereof, Tenant shall have the right, at no additional usage or occupancy charge (provided, however, that Tenant shall be granted responsible for any and all costs and fees incurred in connection with preparing the right Roof Area for Tenant’s Roof Equipment, including any removal, relocation or modification of existing equipment or facilities to install one (1) antenna in the Antenna Area at accommodate Tenant's expense and ’s Roof Equipment), but otherwise subject to appropriate governmental approval the terms and Landlord's reasonable approval. Prior conditions of this Lease, to installation use certain surface space on the roof of the antennaBuilding, in a location designated by Landlord and reasonably acceptable to Tenant (the “Roof Area”), for the purpose of installing (in accordance with Article 8), operating and maintaining telecommunications equipment, supplemental backup power devices and supplemental HVAC devices (collectively, the “Tenant’s Roof Equipment”) approved by Landlord.
(b) Tenant shall install Tenant’s Roof Equipment at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate and in accordance with all of the provisions of this Lease, including without limitation Article 8. Tenant shall not install or operate Tenant’s Roof Equipment until it receives prior written approval of the plans for such work (including the manner in which the Tenant’s Roof Equipment are attached to the roof of the Building and the manner in which any cables are run to and from the Tenant’s Roof Equipment) in accordance with Article 8. Landlord may withhold approval if the installation or operation of Tenant’s Roof Equipment reasonably would be expected to damage the Base Building. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Tenant’s Roof Equipment. In addition, if required by any governmental approvals or if at any time Landlord, in its reasonable discretion deems it necessary, Tenant shall submit provide and install, at Tenant’s sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Tenant’s Roof Equipment. Tenant shall engage Landlord’s roofer before beginning any rooftop installations or repairs of Tenant’s Roof Equipment, whether under this Section 4 or otherwise, and shall always comply with any roof warranty governing the protection of the roof and modifications to the roof. Tenant shall use reasonable efforts to obtain a letter from Landlord’s roofer following completion of such work stating that the roof warranty remains in effect, if applicable. Tenant, at its sole cost and expense, shall inspect the Roof Area periodically and correct any loose bolts, fittings or other appurtenances and shall repair any damage to the roof caused by the installation or operation of Tenant’s Roof Equipment. Tenant shall pay Landlord following a written request and invoice therefor, within thirty (30) days after receipt of such invoice, (i) all plansapplicable taxes or governmental charges, specifications fees, or impositions imposed on Landlord because of Tenant’s use of the Roof Area and drawings(ii) the amount of any increase in Landlord’s insurance premiums as a result of the installation of Tenant’s Roof Equipment.
(c) Tenant agrees that the installation, operation and removal of Tenant’s Roof Equipment shall be at its sole risk. Subject to the waiver set forth in Section 13.04 of the Lease and except to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Related Parties, Tenant shall indemnify and defend Landlord and the Landlord Related Parties against any liability, claim or cost, including reasonable attorneys’ fees, incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury (except to the extent due to the negligence or willful misconduct of Landlord or a Landlord Related Party) arising out of the installation, use, operation, or removal of Tenant’s Roof Equipment by Tenant or its employees, agents, contractors, or invitees, including any liability arising out of Tenant’s violation of this Section 4. Landlord assumes no responsibility for interference in the operation of Tenant’s Roof Equipment caused by other tenants’ equipment, or for interference in the operation of other tenants’ equipment caused by Tenant’s Roof Equipment. The provisions of this Section 4 shall survive the expiration or earlier termination of this Lease.
(d) Upon the expiration or earlier termination of the Lease, Tenant, at its sole cost and expense, shall (i) remove Tenant’s Roof Equipment from the Roof Area in accordance with the provisions of this Lease and (ii) repair any damage caused by such removal. If Tenant does not remove Tenant’s Roof Equipment when so required, Landlord may remove and dispose of it and charge Tenant for all costs and expenses incurred.
(e) It is understood and agreed that the installation, maintenance, operation and removal of the Tenant’s Roof Equipment and aesthetic screening, if any, is not permitted to damage the Building or the roof thereof, nor interfere with the use of the Building and roof by Landlord. Tenant shall be responsible for any damage to the installation, maintenance and operation and liability roof or any other part of the antenna.
aBuilding caused by Tenant or any of its agents, contractors or representatives in the exercise of Tenant’s rights under this Section 4. If Tenant’s Roof Equipment (i) Landlord agrees causes physical damage to the Base Building, (ii) materially interferes with any telecommunications, mechanical or other systems located at or servicing the Building, or (iii) interferes with any other service provided to other tenants in the Building, in each case in excess of that during permissible under F.C.C. or other regulations (to the Term (as defined in Section 3 belowextent that such regulations apply and do not require such tenants or those providing such services to correct such interference or damage), Tenant may installshall within ten (10) Business Days of notice of a claim of interference or damage cooperate with Landlord or any other tenant or third party making such claim to determine the source of the damage or interference and effect a prompt solution at Tenant’s expense (if Tenant’s Roof Equipment caused such interference or damage). In the event Tenant disputes in good faith Landlord’s allegation that Tenant’s Roof Equipment is causing a problem with the Building (including, use but not limited to, the electrical, HVAC, and have maintained mechanical systems of the Building) and/or any other Building tenants’ equipment in the Antenna AreaBuilding, in writing delivered within ten (10) Business Days of receiving Landlord’s notice claiming such interference, then Landlord and Tenant shall meet to discuss a solution, and if within seven (7) days of their initial meeting Landlord and Tenant are unable to resolve the dispute, then the matter shall be submitted to arbitration in accordance with the provisions set forth below. The parties shall direct the Boston office of the AAA to appoint an arbitrator who shall have a minimum of ten (10) years’ experience in commercial real estate disputes and who shall not be affiliated with either Landlord or Tenant. Both Landlord and Tenant shall have the opportunity to present evidence and outside consultants to the arbitrator. The arbitration shall be conducted in accordance with the commercial real estate arbitration rules of the AAA insofar as such rules are not inconsistent with the provisions of this Lease (in which case the provisions of this Lease shall govern). The cost of the arbitration (exclusive of each party’s witness and reasonable attorneys’ fees, which shall be paid by such party) shall be borne equally by the parties. Within ten (10) days of appointment, the arbitrator shall determine whether or not Tenant’s Roof Equipment is causing a problem with the Building and/or any other Building tenants’ equipment in the Building, and the appropriate resolution, if any. The arbitrator’s decision shall be final and binding on the parties. If Tenant shall fail to implement the arbitrator’s decision within ten ("Equipment"10) days after it is issued (provided, however, if Tenant cannot reasonably complete the implementation of such required actions within such ten-(10)-day period, Tenant shall be allowed additional time as specifically described is reasonably necessary to cure such failure so long as Tenant begins the cure within such ten-(10)-day period and diligently pursues the cure to completion), Landlord may at any time thereafter (i) declare a Default and/or (ii) relocate the item(s) of Tenant’s Roof Equipment in documentation delivered by dispute in a manner consistent with the arbitral decision.
(f) Based on Landlord’s good faith determination that such a relocation is necessary, Landlord reserves the right to cause Tenant to relocate Tenant’s Roof Equipment located on the roof to comparably functional space on the roof by giving Tenant prior notice of such intention to relocate. Landlord in connection with agrees to pay the initial approval process. All reasonable cost of moving Tenant’s Roof Equipment to such other space, taking such other steps necessary to ensure comparable functionality of Tenant's construction ’s Roof Equipment, and installation work shall be performed at finishing such space to a condition comparable to the then condition of the current location of Tenant's sole cost and expense and in good and work-manlike manner’s Roof Equipment. Tenant shall arrange for the relocation of Tenant’s Roof Equipment within ninety (90) days after Landlord’s notice. In the event Tenant fails to arrange for said relocation within the ninety (90) day period, Landlord shall have and retain whatever title and rights the right to arrange for the relocation of Tenant’s Roof Equipment at Landlord’s expense.
(g) Tenant agrees that if Landlord makes or plans to make any repairs, alterations, modifications, additions or improvements to the Equipment as it has Building (including any repairs or claims to have, exclusive of space in and structural portions replacement of the buildingsroof, which belong other components of the Base Building) that will require an adjustment or modification to and the Roof Area or temporary removal of the Tenant’s Roof Equipment in order to perform such work, Landlord shall be retained responsible, at Landlord’s cost, for the temporary removal and storage of such Tenant’s Roof Equipment and any re-installation thereof in the Roof Area after completion of such work by Landlord. Landlord will cooperate with Tenant, shall give Tenant at no cost to Landlord, regarding Tenant's access to utilities and the connection least ninety (90) days’ prior written notice of any request for such removal of the utilities Tenant’s Roof Equipment, except in cases of emergency for which no prior written notice shall be required.
(h) Notwithstanding anything to the Equipment
b) Landlord agrees that Tenant and/or its contractor contrary herein, the Tenant’s Roof Equipment may run cables ("Cables") between be used only in direct support of Tenant’s operations at the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval and Tenant shall not be unreasonably delayed permitted to license or withheld.
c) The grant other parties the right to use the same, nor shall Tenant allow its service providers to use the Roof Area and/or Tenant’s Roof Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreementto provide services to any other party, or (ii) to facilitate the expiration provision of services by any other service provider. Landlord hereby reserves the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities right to their original condition, including repainting grant roof rights to other tenants or touch-up, excepting ordinary wear and tear, and/or damage or destruction due telecommunications service providers from time to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antennatime. Tenant shall indemnify, defend, protect also cooperate with any uniformly applied reasonable rooftop management policy and hold any telecommunications management policy which Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by may implement for the Building of which Tenant is given prior written notice. Tenant's installation, use and maintenance of ’s rights under this Section 4 are personal to the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) original Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with any Permitted Transferees (including any Shared User that meets the installation, use and maintenance of the Equipment and Cablesrequirements for a Permitted Transferee under this Lease).
Appears in 2 contracts
Samples: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.)
Roof Rights. Tenant shall be granted have the right to install one (1) antenna in use the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation roof of the antenna, Tenant shall submit to Landlord all plans, specifications Buildings and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered building structure required by Tenant from time to Landlord time for installation and use of equipment exclusively in connection with its operations in the initial approval process. All Premises, including, without limitation, HVAC equipment, microwave dish or other communications radio antenna and associated equipment (“Roof Equipment”) under the following conditions: (a) the Roof Equipment shall comply with all Legal Requirements, (b) all installation, removal and maintenance of Tenant's construction and installation work the Roof Equipment shall be performed by Tenant at Tenant's ’s sole cost and expense expense, (c) the Roof Equipment shall be removed by Tenant at the expiration of the Term or earlier termination of this Lease in accordance with the requirements of Section 4.8, (d) the Roof Equipment shall be used solely for Tenant’s internal operational benefit and Tenant shall not derive any benefit from the sale of use privileges of the Roof Equipment, (e) any new Roof Equipment that Tenant desires to install subsequent to the Commencement Date shall be placed in good a location reasonably agreed to by Landlord and work-manlike mannerTenant and (f) any new Roof Equipment that Tenant desires to install subsequent to the Commencement Date shall not exceed the pounds per square foot “live load” design limit of the roof. Tenant shall have and retain whatever title and rights no obligation to the Equipment as it has or claims to havepay Base Rent for such right, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. but Tenant shall, at its sole cost and expense within fourteen (14) daysexpense, remove maintain any Roof Equipment in good condition and repair, and comply with the terms and conditions set forth in this Lease with respect to the installation of the Roof Equipment, and the use of the roof and building structure. Any roof penetrations shall be subject to the approval of Landlord in its reasonable discretion. Any new Roof Equipment installed by Tenant after the Commencement Date shall be deemed a Minor Alteration unless such installation involves a roof penetration or have removed adversely affects the proper functioning of the Building Systems. If the installation or use of any Roof Equipment shall invalidate any roof warranty, Tenant shall reimburse Landlord for the costs of any repairs to the roof which are not covered by such Equipment roof warranty solely due to the Tenant’s installation of the Roof Equipment. Tenant hereby indemnifies and Cables upon agrees to hold harmless Landlord, Landlord Responsible Parties and any Mortgagee providing financing with respect to any portion of the earlier Premises from any claim, liability, loss, damage, expense, cause of (1) action or proceeding arising from Tenant’s use of the roofs of the Buildings. The foregoing indemnity shall survive the expiration or earlier termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 2 contracts
Samples: Lease Agreement (Mercury Computer Systems Inc), Lease Agreement (Mercury Computer Systems Inc)
Roof Rights. Tenant shall be granted the right to install one (1) antenna in the Antenna Area at Tenant's expense and 33.01. Landlord agrees that, subject to appropriate all laws, ordinances, statutes, rules and regulations of all governmental approval authorities having jurisdiction thereof, and if and to the extent that Landlord's reasonable approval. Prior entitlement to installation the tax credits described in Article 41 hereof for which Landlord has applied as of the antennadate of this Lease,(herein called the "Historic Tax Credits") would not be reduced or otherwise adversely affected thereby (subject, Tenant shall submit however, to Landlord all plansthe provisions of Section 41.02 hereof), specifications and drawings. Tenant shall be responsible for further subject to the installationterms, maintenance conditions and operation and liability of the antenna.
a) Landlord agrees that limitations as are hereinafter set forth, during the Term (as defined in Section 3 below)term of this Lease, Tenant may installTenant, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense expense, may install on the rooftop (including, without limitation, any setbacks) of the Building (herein called the "Antenna Areas") and thereafter maintain, repair and operate one or more communications apparatus (herein called the "Antennas"), provided and on condition that: 116
(i) the required support structures and the method of attaching same to the Building, as well as any penetrations of the roof or facade of the Building required in good connection with the installation of any Antennas, related equipment or Wiring (as such term is defined in this Section 33.01), shall be subject to Landlord's prior consent, such consent not to be unreasonably Withheld or delayed. Copies of plans and work-manlike mannerspecifications for all Antennas, related equipment and Wiring shall be delivered to Landlord prior to commencement of installation thereof;
(ii) the installation and position of such Antennas and reasonably required support structures shall comply with Legal Requirements;
(iii) the installation of any electrical or communications lines (herein called "Wiring") and related equipment in connection with the installation and operation of the Antennas, as well as the manner and location (i.e., routing) of all Wiring and related equipment in connection therewith shall (a) be at Tenant's sole cost and expense, and (b) comply with Legal Requirements; and
(iv) the Antennas, reasonably required support structures, Wiring and related equipment shall be maintained and kept in repair by Tenant, at Tenant's sole cost and expense.
33.02. For the purpose of installing, servicing or repairing the Antennas and related equipment, Tenant shall have and retain whatever title and rights access to the Equipment as it has or claims to have, exclusive of space in and structural portions rooftop of the buildings, which belong Building. All access by Tenant to and the roof of the Building shall be retained by subject to Landlord's reasonable safeguards for the security and protection of the Building and such Building equipment and installations as maybe located on the roof of the Building. Landlord will cooperate with Tenant, at no cost shall have the right to Landlord, regarding assign a representative of Landlord or the Manager to be present during the duration of Tenant's access to utilities the rooftop and Tenant shall pay any charge therefor under the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only Management Agreement in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheldaccordance with Article 15 hereof.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term33.03. Tenant shallTenant, at its Tenant's sole cost and expense within fourteen (14) daysexpense, remove agrees to promptly and faithfully obey, observe and comply with all laws, ordinances, regulations, requirements and rules of all duly constituted public authorities in any manner affecting or have removed such Equipment relating to Tenant's use of said roof as to the installation, repair, maintenance and Cables operation of any support structures, Antennas and related equipment erected or installed by Tenant pursuant to the provisions of this Article 33. Tenant, at Tenant's sole cost and expense, shall secure and thereafter maintain all permits and licenses required for the installation and operation of the Antennas and any support structures and related equipment erected or installed by Tenant pursuant to the provisions of this Article 33. including, without limitation, any approval, license or permit required from the Federal Communications Commission. In no event shall the maximum level of microwave 117 emissions from the Antennas exceed the amount allowable for the Building as determined by the governmental authorities having jurisdiction thereof.
33.04. The Antennas, support structures and related equipment installed by Tenant pursuant to the provisions of this Article 33 shall be Tenant's personal property, and, upon the Expiration Date, or earlier of (1) the expiration or termination of this AgreementLease, or (ii) the expiration of the Leaseshall be removed by Tenant at Tenant's sole cost and expense. To the extent reasonably possible, All wiring and related electrical equipment installed by Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation and operation of the Antennas shall be Tenant's personal property. Upon the Expiration Date, or earlier termination of this Lease, if Landlord so directs by written notice to Tenant, Tenant shall promptly remove the electrical equipment (other than the Wiring, which need not be removed) as designated in such notice, at Tenant's sole cost and expense. Tenant, at Tenant's sole cost and expense, shall promptly repair any and all damage to the rooftop of the Building and to any other part of the Building caused by or resulting from the installation, use maintenance and maintenance repair, operation or removal of the Antennas, support structures, Wiring and related equipment erected or installed by Tenant pursuant to the provisions of this Article 33 and restore said affected areas to their condition as existed prior to the installation of the Antennas and related equipment, subject to normal wear and tear and damage for which Tenant is not responsible hereunder. Notwithstanding anything to the contrary contained in the preceding sentence, in the event Tenant fails to perform such Equipment repair work after notice and Cablesexpiration of the applicable cure period, Landlord shall have the option of performing any such repairs, at Tenant's sole cost and expense, to the extent that same are reasonable, which cost and expense shall be payable by Tenant to Landlord as an Additional Charge hereunder within thirty (30) days after Tenant shall have been billed therefor.
33.05. Tenant covenants and agrees that all installations made by Tenant on the rooftop of the Building or in any other part of the Building pursuant to the provisions of this Article 33 shall be at the sole risk of Tenant, and neither Landlord nor Landlord's agent or employees shall be solely responsible liable for all maintenanceany damage or injury thereto caused in any manner, repair and damage caused except to the Roof extent caused by the negligence or roof membrane as a result willful misconduct of the installation Landlord, its agents or employees.
33.06. Tenant will, and does hereby agree to, indemnify, defend and save harmless Landlord from and against: (i) any access and all claims, reasonable counsel fees (subject to the antenna. Tenant shall indemnifyprovisions of Section 18.03 hereof), defend, protect and hold Landlord harmless from and against liabilitydemands, damages, costs and expensesexpenses or losses by reason of any liens, including reasonable attorneys' fees incurred orders, claims or suffered by Landlord directly caused by Tenant's installationcharges resulting from any work done, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expensesmaterials or supplies furnished, in connection with the fabrication, erection, installation, use maintenance and maintenance operation of the Equipment Antennas, support structures, Wiring and Cablesany related equipment installed by Tenant pursuant to the provisions of this Article 33; and (ii) any and all claims, costs, demands, expenses, fees or suits arising out of accidents, damage, injury or loss to any and shall supply to Landlordall persons and property, upon Landlord's written requestor either, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes whomsoever or whatsoever resulting from or arising in connection with the erection, installation, use . maintenance and maintenance operation and repair of the Equipment Antennas, support structures, Wiring 118 and Cablesrelated equipment installed by Tenant pursuant to the provisions of this Article 33; except to the extent caused by the negligence or willful misconduct of Landlord, its agents or employees. If any installations referred to in this Article 33 should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, then Landlord shall use reasonable efforts to give Tenant prior notice of the same (and, to the extent possible, shall endeavor to do so at the plan approval stage) and Landlord shall, in any event deliver a copy of such roof warranty or guaranty to Tenant promptly after Tenant's written request. therefor, and Tenant shall reimburse Landlord for any loss or damage sustained or reasonable costs or expenses incurred by Landlord as a result thereof.
33.07. All plans and specifications of Tenant's work and installations to be done and made by Tenant pursuant to the provisions of this Article 33 shall be subject to the prior approval of Landlord, such approval not to be unreasonably withheld or delayed, and shall be further subject to inspection and reasonable supervision by Landlord, agreeing that it shall not be deemed to incur any liability by reason of the provisions of this Section 33.07.
33.08. Tenant covenants and agrees that the Antennas, support structures, Wiring and related electrical equipment to be installed by Tenant shall not interfere with or adversely affect any equipment, installations, lines or machinery of the Building.
33.09. Tenant shall have the right, upon prior notice to Landlord to sublet or license to third parties the roof or portions thereof for the purposes permitted under this Article 33 provided and on condition that any such sublease or license shall comply with the provisions of Section 7.09 hereof (other than subsection (d) thereof). Landlord shall not be obligated to enter into any non-disturbance agreement with respect to any such sublease or license covering the any portion of the-roof, and any such sublease or license shall provide that it is subject and subordinate to this Lease and to any matters to which this Lease is or shall be subordinate, as more particularly provided in Section 7.09 hereof. Except as provided in this Section 33.09, Tenant shall not be permitted to assign or transfer all or any portion of the rights granted to Tenant pursuant to this Article 33 unless Tenant assigns this Lease or subleases all or substantially all the Premises to the party to whom such rights are assigned or transferred -pursuant to Article 7 hereof; or unless Tenant subleases substantially all of the Premises pursuant to Article 7 hereof, in which case such subtenant shall have the rights of Tenant hereunder for so long as such sublease shall be in full force and effect. 119
Appears in 1 contract
Samples: Lease Agreement (Corporate Property Associates 15 Inc)
Roof Rights. 31.1. Except as set forth in this Article 31, Tenant shall will have no right to utilize the roof of the Building for any purpose without Landlord’s consent, which will not be granted unreasonably withheld or delayed.
31.2. In connection with Tenant’s request to utilize the roof for the purpose of installing transmission and/or reception equipment, the following will apply:
(A) Without limiting any other provision of this Lease, Tenant will have the non-exclusive right to install one antennas, satellite dishes, or other telecommunications equipment (1individually and collectively, the “Antenna”) antenna in on the Antenna Area at roof of the Building (including necessary connection to the Premises) for use by Tenant's expense and , provided any such installations will be subject to appropriate governmental approval Landlord’s prior consent, which consent will not be unreasonably withheld, conditioned or delayed. Any Antenna will be installed in accordance with all applicable Laws. Tenant will remove such Antenna at the expiration or earlier termination of this Lease and Landlord's reasonable approvalTenant will repair any damage to the roof caused by such removal. Prior to making any installations on the roof of the Building, Tenant will use a roofing contractor for all work to be performed by Tenant on the roof of the Building approved by Landlord, which approval will not be unreasonably withheld.
(B) Tenant will furnish detailed plans and specifications for the Antenna (or any modifications thereof) to Landlord for its approval. The parties agree that Tenant’s use of the rooftop of the Building is a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person for any use including installation of the antennaother antennas and support equipment. Landlord will use its commercially reasonable efforts to insure that such other persons do not interfere with Tenant’s Antenna. Likewise, Tenant shall submit will use its commercially reasonable efforts to insure that its use of the rooftop does not impair any other person’s data transmission and reception via its respective antennas and support equipment. If Tenant’s construction, installation, maintenance, repair, operation or use of the Antenna interferes with the rights of Landlord all plans(including, specifications and drawings. without limitation, Landlord’s right to reasonable use the remainder of the roof), Tenant shall will cooperate with Landlord or such other tenants in eliminating such interference; provided, however, the cost of remedying such interference will be responsible for borne by whichever party last installed its equipment on the roof causing such interference.
(C) In connection with the installation, maintenance and operation and liability of the antenna.
a) Antenna, Tenant, at Tenant’s sole cost and expense, will comply with all applicable Laws and will procure, maintain and pay for all permits required therefor, and Landlord agrees makes no warranties whatsoever as to the permissibility of an Antenna under applicable Laws or the suitability of the roof of the Building for the installation thereof. If Landlord’s structural engineer deems it reasonably necessary that during there be structural reinforcement of the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord roof in connection with the initial approval process. All installation of Tenant's construction and installation work shall be performed the Antenna, Landlord will perform same at Tenant's sole ’s cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights will not perform any such installation prior to the Equipment as it has or claims to have, exclusive completion of space in and any such structural portions reinforcement. The installation of the buildingsAntenna will be subject to the provisions of Article 9 applicable to alterations and installations, which belong except that Landlord need not notify Tenant whether Tenant must remove the Antenna at the end of the Term, it being the intent of the parties that Tenant will remove the Antenna at the end of the Term and repair any damage to the Building resulting from such installation and shall be retained by Landlordremoval. Landlord For the purpose of installing, servicing or repairing the Antenna, Tenant will cooperate with Tenant, at no cost to Landlord, regarding Tenant's have access to utilities and the connection rooftop of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically Building using contractors reasonably approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor at all times during the Term. Tenant shallwill pay for all electrical service required for Tenant’s use of the Antenna.
(D) Tenant, at its sole cost and expense, will promptly repair any and all damage to the rooftop or to any other part of the Building caused by the installation, maintenance and repair, operation or removal of the Antenna. Tenant will be responsible for all costs and expense within fourteen (14) daysfor repairs of the roof which result from Tenant’s use of the roof for the construction, remove installation, maintenance, repair, operation and use of the Antenna. All installations made by Tenant on the rooftop or have removed such Equipment and Cables upon in any other part of the earlier of (1) Building pursuant to the expiration or termination provisions of this AgreementArticle 31 will be at the sole risk of Tenant, and neither Landlord, nor any agent or employee of Landlord, will be responsible or liable for any injury or damage to, or (ii) arising out of, the Antenna. Tenant’s indemnity under Section 16.2 of this Lease will apply with respect to the installation, maintenance, operations, presence or removal of the Antenna by Tenant. In addition, any costs incurred by Landlord to repair the roof as required herein after the expiration of the Lease. To Term will be borne solely by Tenant.
(E) Upon the extent reasonably possibleexpiration of the Term, the Antenna will be removed by Tenant shall restore Landlord's affected facilities at its sole cost and expense, and Tenant will repair any damage to the rooftop or any other portions of the Building to substantially their original condition, including repainting or touch-up, excepting condition immediately prior to Tenant’s installation of the Antenna (ordinary wear and tear, and/or and damage or destruction due to by fire or other casualtycasualty (which is subject to Article 13) excepted).
d(F) If the installation of the Antenna or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, Tenant shall bear all expense will reimburse Landlord for any loss or damage sustained or costs or expenses incurred.
31.3. The rights granted in this Article 31 are given in connection with the installation, use and maintenance of such Equipment and Cableswith, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result part of the installation rights created under this Lease and are not separately transferable or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Projectassignable.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. Without limiting any other provision of this Lease, Tenant shall be granted have the non-exclusive right to install one satellite dish (1collectively, the “Dish”) antenna not to exceed 36 inches in diameter on the Antenna Area at roof of the Building (including necessary connection to the Premises) for use by Tenant's expense and , provided any such installations shall be subject to appropriate governmental approval Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed. Any such facilities shall be installed in accordance with all applicable laws and building codes. The Dish shall be screened to Landlord's ’s reasonable approvalsatisfaction. Tenant shall remove such facilities at the expiration or earlier termination of the Lease; provided Tenant shall repair any damage to the roof caused by such removal. Prior to installation making any installations on the roof of the antennaBuilding, Tenant shall submit use a roofing contractor for all work to Landlord all plans, specifications and drawings. be performed by Tenant shall be responsible for on the installation, maintenance and operation and liability roof of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained Building approved by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed withheld. Tenant shall furnish detailed plans and specifications for the Dish (or withheld.
cany modifications thereof) to Landlord for its approval. The Equipment parties agree that Tenant’s use of the rooftop of the Building is a non-exclusive use and Cables Landlord may permit the use of any other portion of the roof to any other person for any use including installation of other satellite dishes, antennas and support equipment. Tenant shall remain use its reasonable efforts to ensure that its use of the property rooftop does not impair such other person’s data transmission and reception via its respective antennas and support equipment, and Landlord shall use commercially reasonable efforts to ensure that any subsequent rooftop user does not impair Tenant’s data transmission and reception via its antenna and support equipment. If Tenant’s construction, installation, maintenance, repair, operation or use of the Dish shall interfere with the rights of Landlord (including, without limitation, Landlord’s right to reasonably use the remainder of the roof) or other tenants in the Building, Tenant shall cooperate with Landlord or such other tenants in eliminating such interference; provided, however, the cost of remedying such interference shall be borne by the party which is suffering such interference, unless such party was using the roof in the manner suffering such interference prior to the use of the Dish causing such interference by Tenant, in which case the cost of remedying such interference shall be borne by Tenant. Tenant shall secure and keep in full force and effect, from and after the time Tenant begins construction and installation of the Dish, such supplementary insurance with respect to the Dish as Landlord may reasonably require, provided that the same shall not be in excess of that which would customarily be required from time to time by Landlords of buildings of similar class and character in Xxxxxx County, New Jersey with respect to similar installations. In connection with the installation, maintenance and operation of the Dish, Tenant, at Tenant’s sole cost and expense, shall comply with all legal requirements and shall procure, maintain and pay for all permits required therefor, and Landlord makes no warranties whatsoever as to the permissibility of a Dish under applicable legal requirements or the suitability of the roof of the Building for the installation thereof. If Landlord’s structural engineer deems it advisable that there be structural reinforcement of the roof in connection with the installation of the Dish, Landlord shall perform same at Tenant’s cost and expense and Tenant shall not perform any such installation prior to the completion of any such structural reinforcement. The installation of the Dish shall be subject to the provisions of Articles 4 and 5 applicable to alterations and installations. For the purpose of installing, servicing or repairing the Dish, Tenant shall have access to the rooftop of the Building, upon reasonable notice to Landlord, and Landlord shall have the right to require, as a condition to such access, that Tenant (or its employee, contractor during the Termor other representative) at all times be accompanied by a representative of Landlord. Tenant shallshall pay for all electrical service required for Tenant’s use of the Dish, in accordance with the provision set forth in Exhibit H hereof. Tenant, at its sole cost and expense, shall promptly repair any and all damage to the rooftop or to any other part of the Building caused by the installation, maintenance and repair, operation or removal of the Dish. Tenant shall be responsible for all costs and expense within fourteen (14) daysfor repairs of the roof which result from Tenant’s use of the roof for the construction, remove installation, maintenance, repair, operation and use of the Dish. All installations made by Tenant on the rooftop or have removed such Equipment and Cables upon in any other part of the earlier of (1) Building pursuant to the expiration or termination provisions of this AgreementArticle 35 shall be at the sole risk of Tenant, and neither Landlord, nor any agent or employee of Landlord, shall be responsible or liable for any injury or damage to, or (ii) arising out of, the Dish. Tenant’s indemnity under Article 23 shall apply with respect to the installation, maintenance, operations, presence or removal of the Dish by Tenant. Upon the expiration of the Lease. To Term, the extent reasonably possibleDish shall be removed by Tenant at its sole cost and expense, and Tenant shall restore Landlord's affected facilities repair any damage to the rooftop or any other portions of the Building to substantially their original condition, including repainting or touch-up, excepting condition immediately prior to Tenant’s installation of the Dish (ordinary wear and teartear excepted). Notwithstanding anything to the contrary contained in this Article 35, Landlord shall have the right, at Landlord’s expense, on not less than thirty (30) days’ prior notice, to relocate the Dish to another location on the roof of the Building, such expense to include, without limitation, the removal of the existing Dish, the purchasing of labor, materials and equipment necessary for the relocation thereof and the reinstallation of the Dish at such other location as reasonably designated by Landlord on the roof of the Building, provided that Landlord does not, except if work is reasonably required to be performed on the roof or in the Building, either materially interfere with or adversely affect the receipt of and/or damage or destruction due to fire transmittal of microwaves or other casualty.
d) similar signals, and Tenant shall cooperate in all reasonable respects with Landlord in any such relocations; provided, however, that if such relocation is done pursuant to any legal requirement, the cost thereof shall be borne by Tenant (unless such legal requirement relates to, or results from, other actions taken, or permitted to be taken, by Landlord, in which event Landlord shall bear all expense of the costs and expenses of such relocation). The rights granted in this Article 35 are given in connection with the installation, use and maintenance of such Equipment and Cableswith, and as part of the rights created under this Lease and are not separately transferable or assignable. If the installation of the Dish or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, then Tenant shall be solely responsible reimburse Landlord for all maintenance, repair and any loss or damage caused to the Roof sustained or roof membrane costs or expenses incurred by Landlord as a result of the installation such impairment or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. Tenant shall be granted Subject to the right to install one (1) antenna in the Antenna Area at Tenant's expense approval of all applicable governmental authorities and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antennaagencies, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), to permit Tenant may to install, use and have maintained operate one or more satellite antennas or dishes on the rooftop of the Building. Landlord shall make available to Tenant, for Tenant’s use such space on the roof of the Building as Tenant shall from time to time require for no rent or other charge whatsoever therefor. Tenant’s use of the roof of the Building shall be on a non-exclusive basis. In connection with Tenant’s use of the roof of the Building, Landlord shall make available to Tenant access to the roof for the construction, installation, maintenance, repair, operation and use of such antenna equipment, as well as reasonable space in the Antenna AreaBuilding to run electrical and telecommunications conduit from such equipment to the Premises. Tenant shall furnish to Landlord copies of its plans and specifications for such equipment, prior to the commencement of any construction and/or installation thereof, and any such construction shall be Alterations subject to the terms and conditions of Article 8. Such plans and specifications shall include details on the means of attaching such equipment ("Equipment") as specifically described in documentation delivered to the roof of the Building, shall be prepared by qualified and licensed engineers and show all other structural, aesthetic, mechanical and electrical details related to such equipment and the installation thereof. Landlord shall allow Tenant to Landlord run conduit or cabling from the Premises to the antenna or satellite in connection accordance with the initial approval processLandlord approved plans. All Further, to the extent that any such antenna or dish may be visible at street level, at Landlord’s request, such plans shall provide for the screening of Tenant's construction such equipment, if necessary, with material compatible with the exterior of the Building and installation reasonably acceptable to Landlord. Any and all roof or wall penetrations must be specifically approved in writing by Landlord, and such work shall must be performed at Tenant's sole cost and expense and so as to avoid any possibility of voiding or affecting any roof warranties in good and work-manlike mannerfavor of Landlord. Tenant shall have the responsibility to secure all necessary approvals from state, federal and retain whatever title other governmental authorities to construct, operate and rights maintain such equipment and all structural, electrical or other mechanical changes to the Equipment as it has or claims to haveBuilding. All such equipment shall be constructed and maintained by Tenant in accordance with all applicable laws, exclusive ordinances, rules and regulations and in compliance with the requirements of space in and structural portions any insurers of the buildings, which belong to Building and shall be retained by Landlord. in accordance with reasonable rules and regulations of Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities relating to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antennaroof. Tenant shall indemnify, defend, protect indemnify and hold Landlord harmless from and against liabilityall loss, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to personsclaim, damage and expense arising out of Tenant’s failure to property comply with this Section (including, but not limited to, any damage to the roof as a result of such construction, maintenance, or operation of such equipment), subject always to the mutual release and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, waiver of subrogation provisions of this Lease. All work in connection with such equipment shall be done by Tenant as an Alteration under the Lease. Tenant shall give Landlord any notice that Tenant receives from third parties that any of the equipment is or may be in violation of any law, ordinance or regulation. Tenant shall pay all taxes of any kind or nature whatsoever levied upon said equipment and all licensing fees, franchise taxes and other charges and expenses and all other costs of any nature whatsoever related to the construction, ownership, maintenance and operation of said equipment. All power or other utilities required for such equipment shall be provided by Landlord at Tenant’s sole cost and expense, provided same are separately metered. Upon the termination or expiration of this Lease, Tenant shall remove all of such equipment within fifteen (15) days following such termination or expiration (without the same constituting a holdover occupancy), and Landlord shall allow Tenant reasonable access to the Building to accomplish such removal. Tenant shall fully repair and restore any damage to the Building occasioned thereby, including, but not limited to any damage or penetrations to the roof occasioned by such removal, at Tenant’s sole cost and expense. Nothing herein shall prevent Landlord from allowing other tenants in the Building or third parties providing communications services to other tenants in the Building from using the roof and other areas of the Building for the development, installation, and operation of similar equipment or facilities, provided such facilities do not materially interfere with the operation of Tenant’s equipment pursuant to the rights granted hereunder. Landlord agrees that it shall not permit third parties to use the roof and maintenance other areas of the Equipment Building for the installation and Cablesoperation of similar equipment or facilities if such third parties do not use such equipment to provide services to tenants in the Building, and shall supply without the prior consent of Tenant to Landlord, upon Landlord's written request, the appropriate certificates of any such insurancethird party usage.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Office Lease Agreement (Royal Caribbean Cruises LTD)
Roof Rights. Tenant Without limiting any other provision of this Lease, Lessee shall be granted have the non-exclusive right to install one satellite dish ( the "Dish") and a supplemental air conditioning unit for the Premises (1the "Air Conditioner" and, together with the Dish, the "Facilities") antenna in on the Antenna Area at Tenant's expense and roof of the Building (including necessary connection to the Demised Premises) for use by Lessee, provided any such installations shall be subject to appropriate governmental approval Lessor's prior consent, which consent shall not be unreasonably withheld, conditioned or delayed. Any such Facilities shall be installed in accordance with all applicable laws and Landlord's reasonable approvalbuilding codes. Lessee shall remove such Facilities at the expiration or earlier termination of the Lease; provided Lessee shall repair any damage to the roof caused by such removal. Prior to installation making any installations on the roof of the antennaBuilding, Tenant Lessee shall submit use a roofing contractor for all work to Landlord all plans, specifications and drawings. Tenant shall be responsible for performed by Lessee on the installation, maintenance and operation and liability roof of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically Building approved by Landlord in writingLessor, which approval shall not be unreasonably delayed withheld. Lessee shall furnish detailed plans and specifications for the Facilities (or withheld.
cany modifications thereof) to Lessor for its approval. The Equipment parties agree that Lessee's use of the rooftop of the Building is a non-exclusive use and Cables Lessor may permit the use of any other portion of the roof to any other person for any use including installation of other satellite dishes, antennas and support equipment. Lessee shall remain use its reasonable efforts to insure that its use of the property rooftop does not impair such other person's data transmission and reception via its respective antennas and support equipment. If Lessee's construction, installation, maintenance, repair, operation or use of Tenant the Dish shall interfere with the rights of Lessor (including, without limitation, Lessor's right to reasonably use the remainder of the roof) or other lessees in the Building, Lessee shall cooperate with Lessor or such other lessees in eliminating such interference; provided, however, the cost of remedying such interference shall be borne by the party which is suffering such interference, unless such party was not suffering such interference prior to the use of the Dish causing such interference by Lessee, in which case the cost of remedying such interference shall be borne by Lessee. Lessee shall secure and keep in full force and effect, from and after the time Lessee begins construction and installation of the Facilities, such supplementary insurance with respect to the Facilities as Lessor may reasonably require, provided that the same shall not be in excess of that which would customarily be required from time to time by Lessors of buildings of similar class and character in Xxxxxx County, New Jersey with respect to similar installations. In connection with the installation, maintenance and operation of the Facilities , Lessee, at Lessee's sole cost and expense, shall comply with all legal requirements and shall procure, maintain and pay for all permits required therefor, and Lessor makes no warranties whatsoever as to the permissibility of the Facilities under applicable legal requirements or the suitability of the roof of the Building for the installation thereof. If Lessor's structural engineer deems it advisable that there be structural reinforcement of the roof in connection with the installation of the Facilities, Lessor shall perform same at Lessee's cost and expense and Lessee shall not perform any such installation prior to the completion of any such structural reinforcement. The installation of the Facilities shall be subject to the provisions of Articles 5 and 6 applicable to alterations and installations. For the purpose of installing, servicing or repairing the Facilities, Lessee shall have access to the rooftop of the Building, upon reasonable notice to Lessor, and Lessor shall have the right to require, as a condition to such access, that Lessee (or its employee, contractor during or other representative) at all times be accompanied by a representative of Lessor. Lessee shall pay for all electrical service required for Lessee's use of the TermFacilities, in accordance with the provision set forth in Article 22 hereof. Tenant shallLessee, at its sole cost and expense, shall promptly repair any and all damage to the rooftop or to any other part of the Building caused by the installation, maintenance and repair, operation or removal of the Facilities. Lessee shall be responsible for all costs and expense within fourteen (14) daysfor repairs of the roof which result from Lessee's use of the roof for the construction, remove installation, maintenance, repair, operation and use of the Facilities. All installations made by Lessee on the rooftop or have removed such Equipment and Cables upon in any other part of the earlier of (1) Building pursuant to the expiration or termination provisions of this AgreementArticle 56 shall be at the sole risk of Lessee, and neither Lessor, nor any agent or employee of Lessor, shall be responsible or liable for any injury or damage to, or (ii) arising out of, the Facilities. Lessee's indemnity under Article 33 shall apply with respect to the installation, maintenance, operations, presence or removal of the Facilities by Lessee. Upon the expiration of the Lease. To Term, the extent reasonably possibleFacilities shall be removed by Lessee at its sole cost and expense, Tenant and Lessee shall restore Landlordrepair any damage to the rooftop or any other portions of the Building to substantially their condition immediately prior to Lessee's affected facilities to their original condition, including repainting or touch-up, excepting installation of the Facilities (ordinary wear and teartear excepted). Notwithstanding anything to the contrary contained in this Article 56, Lessor shall have the right, at Lessor's expense, on not less than thirty (30) days' prior notice, to relocate the Facilities to another location on the roof of the Building, such expense to include, without limitation, the removal of the existing Facilities, the purchasing of labor, materials and equipment necessary for the relocation thereof and the reinstallation of the Facilities at such other location as reasonably designated by Lessor on the roof of the Building, provided that Lessor does not, except if work is reasonably required to be performed on the roof or in the Building, either materially interfere with or adversely affect the receipt of and/or damage or destruction due to fire transmittal of microwaves or other casualty.
d) Tenant similar signals, and Lessee shall cooperate in all reasonable respects with Lessor in any such relocations; provided, however, that if such relocation is done pursuant to any legal requirement, the cost thereof shall be borne by Lessee (unless such legal requirement relates to, or results from, other actions taken, or permitted to be taken, by Lessor, in which event Lessor shall bear all expense of the costs and expenses of such relocation). The rights granted in this Article 56 are given in connection with the installation, use and maintenance of such Equipment and Cableswith, and as part of the rights created under this Lease and are not separately transferable or assignable. If the installation of the Facilities or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Lessor, then Lessee shall be solely responsible reimburse Lessor for all maintenance, repair and any loss or damage caused to the Roof sustained or roof membrane costs or expenses incurred by Lessor as a result of the installation such impairment or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease (Medicines Co /De)
Roof Rights. Tenant So long as it (i) does not impact Landlord’s roof warranty and (ii) complies with all applicable laws, rules and regulations, Tenant, at Tenant’s sole cost and expense, shall have access to the roof of the Building in designated areas mutually agreed upon to install up to four (4) antennae, 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 granted for the right to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval sole benefit of Tenant and Landlord's reasonable approval. Prior , shall relate specifically to installation Tenant’s use of the antennaPremises, Tenant and shall submit to Landlord all plansnot be used as a switching station, specifications and drawingsamplification station or by other tenants or third parties. Tenant shall be responsible make a request for approval of the Roof Equipment hereunder by submission of specific plans and specifications for the installation, maintenance and operation and liability work to be performed by Tenant. Landlord shall respond in writing within fifteen (15) business days from receipt of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below)same, advising Tenant may install, use of approved contractors and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural those portions of the buildings, which belong to work that are acceptable and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection disapproving those portions of the utilities work that are, in Landlord’s judgment, reasonably exercised, unacceptable and with respect to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between plans, specifying in detail the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property nature of Tenant or its contractor during the TermLandlord’s objection. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenancedamages caused by its Roof Equipment, repair for the removal of all Roof Equipment and damage caused the restoration of the roof upon the expiration or early termination of this Lease unless directed in writing by Landlord otherwise. Landlord shall be named as an additional insured on all Tenant insurance relating to the Roof or roof membrane as a result Equipment. All installation, repair, replacement and modification of the installation or any access to the antenna. Tenant Roof Equipment shall indemnifybe coordinated with Landlord, defend, protect shall only use those approved contractors and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain be in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection accordance with the installation, use Rules and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insuranceRegulations set forth herein.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. (a) During the Term, Tenant shall be granted have the nonexclusive right to install one on the roof of the Building up to four (14) antenna antennas or satellite dishes, of which each is no more than twenty-four inches tall, twenty inches in diameter and does not exceed ten pounds installed, which shall be enclosed by a screen, and the Antenna Area at Tenant's expense nonexclusive right to run connecting lines or cables thereto from the Premises (such satellite dishes/antennas and subject such connecting lines and related equipment herein referred to appropriate governmental approval and collectively as the "Equipment"). Tenant shall not penetrate the roof in connection with any installation or reinstallation of the Equipment without Landlord's reasonable prior written consent, which may be withheld in Landlord's sole discretion. The plans and specifications for all the Equipment shall be delivered by Tenant to Landlord for Landlord's review and approval, which shall not be unreasonably withheld or delayed. Such plans and specifications, including, without limitation, the location of the Equipment, shall be approved by Landlord in writing prior to any installation. In no event shall the Equipment or any portion thereof be visible from street level. Prior to the commencement of any installation of or other work performed on or about the antennaBuilding, Tenant Landlord shall submit to Landlord approve all plans, specifications contractors and drawingssubcontractors which shall perform such work. Tenant shall be responsible for any damage to the roof, conduit systems or other portions of the Building or Building systems as a result of Tenant's installation, maintenance and operation and liability and/or removal of the antennaEquipment. Tenant shall not do anything to the roof that adversely affects in any way the roof or Landlord's roof warranty.
a(b) Landlord agrees that during the Term (as defined in Section 3 below)Tenant, Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense expense, shall comply with all laws and in good regulations regarding the installation, construction, operation, maintenance and work-manlike manner. Tenant shall have and retain whatever title and rights to removal of the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. solely responsible for obtaining and maintaining in force all permits, licenses and approvals necessary for such operations.
(c) Tenant shall be responsible for and promptly shall pay all taxes, assessments, charges, fees and other governmental impositions levied or assessed on the Equipment or based on the operation thereof.
(d) Landlord will cooperate with may require Tenant, at no cost to Landlord, regarding Tenant's access sole cost and expense, to utilities and relocate the connection of Equipment during the utilities Xxxx to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically a location approved by Landlord in writingTenant, which approval shall not be unreasonably delayed withheld, conditioned or withhelddelayed. Tenant shall not change the location of, or alter or install additional Equipment or paint any of the other Equipment without Landlord's prior written consent.
c(e) The Operation of the Equipment shall not interfere in any manner with equipment systems or utility systems of other tenants of the Project, including without limitation, telephones, dictation equipment, lighting, heat and Cables air conditioning, computers, electrical systems and elevators. If operation of the Equipment causes such interference, as determined by Landlord in Landlord's reasonable discretion, Tenant immediately shall remain suspend operation of the property of Equipment until Tenant or its contractor during eliminates such interference.
(f) Tenant shall maintain the Term. Tenant shallEquipment in good condition and repair, at its Tenant's sole cost and expense. Landlord may from time to time require that Tenant repaint the satellite dishes at Tenant's expense within fourteen (14) daysto keep the same in an attractive condition. In the event that Tenant fails to repair and maintain the Equipment in accordance with this Lease, remove Landlord may, but shall not be obligated to, make any such repairs or have removed such perform any maintenance to the Equipment and Cables Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith, plus a reasonable administrative fee.
(g) Tenant may access the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration roof for repair and maintenance of the LeaseEquipment, only during normal business hours, on not less than 24 hours prior written notice to Landlord. To the extent reasonably possible, Tenant shall restore designate in writing to Landlord all persons whom Tenant authorizes to have access to the roof for such purposes. Upon such designation and prior identification to Landlord's affected facilities building security personnel, such authorized persons shalx xx xxxnted access to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) the roof by Landlord's building engineer. Tenant shall bear be responsible for all expense coxxx xxx expenses incurred by Landlord in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any Tenant's access to the antennaroof pursuant to this Paragraph. Landlord or Xxxxxxrd's agent may accompany Tenant during such access.
(h) Tenant shall indemnify, defend, protect and hold harmless Landlord harmless from and against liabilityany and all claims related to the Equipment or operation of the same as if the Equipment were located wholly within the Premises. Prior to installation of any Equipment, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Tenant shall provide evidence satisfactory to Landlord directly caused by that Tenant's installationproperty and liability insurance policies required under this Lease include coverage for the Equipment and any claim, loss, damage, or liability relating to the Equipment.
(i) Landlord shall have no responsibility or liability whatsoever relating to (i) maintenance or repair of the Equipment, (ii) damage to the Equipment; (iii) damage to persons or property relating to the Equipment or the operation thereof; or (iv) interference with use and maintenance of the Equipment and Cablesarising out of utility interruption or any other cause, including without limitation, except for injury and death to persons, persons or damage to property caused solely by the active negligence or intentional misconduct of Landlord, its agents or any other parties related to Landlord. In no event shall Landlord be responsible for consequential damages. Upon installation of the Equipment, Tenant shall accept the area where the Equipment is located in its "as is" condition. Tenant acknowledges that the roof location of the Equipment is suitable for Tenant's needs, and interference with other tenants and licensee's rights who are sharing roof-top facilities at acknowledges that Landlord shall have no obligation whatsoever to improve, maintain or repair the Projectarea in which the Equipment will be installed.
e(j) Tenant shall maintain in force and effect during use the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection Equipment solely for Tenant's operations associated with the installationPermitted Use and within Tenant's Premises and shall not use or allow use of the Equipment, use for consideration or otherwise, for the benefit of other tenants in the Building or any other person or entity.
(k) Tenant shall, at Tenant's sole cost and maintenance expense, remove such portions of the Equipment and Cablesas Landlord may designate upon the expiration or earlier termination of this Lease, and restore the affected areas to their condition prior to installation of the Equipment. If Tenant fails to so remove the Equipment, Landlord reserves the right to do so, and the expense of the same shall supply be immediately due and payable from Tenant to LandlordLandlord as additional rent, upon Landlord's written requesttogether with interest and late charges as provided in this Lease, the appropriate certificates of such insuranceplus a reasonable administrative fee.
f(l) Tenant's rights hereunder are personal to Marvell Semiconductor, Inc., xx any Affiliate of Marvell Semiconductor, Inc. In no event shall Tenant's rights under this Section 30 be assignable, except in the event that Tenant and its contractors shall comply with all applicable laws, regulations and building codes assigns this Lease or subleases the Property to an Affiliate which is deemed a permitted subtenant or assignee in connection accordance with the installation, use and maintenance provisions of the Equipment and CablesSection 17(f) of this Lease.
Appears in 1 contract
Samples: Lease (Marvell Technology Group LTD)
Roof Rights. Tenant shall be granted Subject to the conditions set forth herein and provided no Event of Default has occurred and is continuing hereunder, Landlord hereby grants to Tenant, as an appurtenance to the Premises, the non-exclusive right to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use maintain and have maintained in the Antenna Areaoperate, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense expense, a mast-mounted satellite antenna (the "Antenna") on the roof of the Building and related equipment reasonably necessary for the operation of the Antenna, all in accordance with the Roof License Agreement attached hereto as Exhibit "H" and incorporated herein by ----------- reference (the "Roof License Agreement"). The size, location and method of installation of the Antenna shall be at Landlord's sole discretion and Tenant hereby agrees to install the Antenna at Tenant's sole cost and expense, under the direct supervision of Landlord's roofing contractor, and in good such a manner as will not affect Landlord's insurance or roof warranty. The use of the Antenna shall be limited solely to Tenant, and work-manlike mannerLandlord reserves the right, in its sole discretion, to withhold consent to any proposed subletting or assignment of the rights to use the Antenna. Tenant shall have and retain whatever title and rights to install all equipment at the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) daysand risk of Tenant and shall do so in a good, remove workmanlike manner and in compliance with all federal, state and local building, zoning, electric, telecommunications, and safety codes and ordinances, standards, regulations, laws and requirements, including, without limitation, those of the Federal Communications Commission. Nothing contained herein shall impose any liability or have removed such Equipment and Cables repair obligations upon Landlord relative to the earlier of (1) Antenna. Upon the expiration or earlier termination of this AgreementLease, or (ii) Tenant agrees, while under the expiration direct supervision of Landlord's roofing contractor, to remove the Antenna and return the roof of the LeaseBuilding to the condition in which it existed as of the Commencement Date. To Prior to the extent reasonably possibleinstallation of the Antenna, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to execute the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the ProjectLicense Agreement.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease Agreement (Oni Systems Corp)
Roof Rights. During the Term of the Lease (as it may be extended), Tenant shall be granted have the right (without the payment of rent) to 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 install one use 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 (1) antenna in collectively, “HVAC Unit”). Furthermore, the Antenna Area exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to both Landlord and Tenant and Tenant shall have secured, at Tenant's expense ’s sole cost and subject expense, 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 HVAC Unit, and shall provide copies of such approvals and permits to appropriate governmental approval Landlord, prior to commencing any work with respect to such Satellite Dish and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawingsHVAC Unit. Tenant shall be responsible permitted to alter its Satellite Dish in connection with technological upgrades, in accordance with General Condition A. Tenant shall pay for the installation, maintenance any and operation all costs and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord expenses in connection with the initial approval process. All installation, maintenance, use and removal of Tenant's construction the Satellite Dish and installation work the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any additional rental for that portion of the roof of the Building on which the Satellite Dish and the HVAC Unit shall be performed at Tenant's sole cost and expense and in good and work-manlike mannerlocated. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to haveFurthermore, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) daysabsolute discretion when it deems it as necessary or appropriate to do so, remove or have removed such Equipment repair and Cables upon maintain the earlier of (1) Satellite Di sh and the expiration or termination of this Agreement, or (ii) HVAC Unit. Upon the expiration of the Term or the termination of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear remove the Satellite Dish and tear, and/or the HVAC Unit and repair any damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Projectresulting therefrom.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease Agreement (Ikos Systems Inc)
Roof Rights. (a) Subject to the terms and conditions of Section 15.14 of this Lease, Tenant shall have the non-exclusive right (to be granted exercised by Tenant together with Landlord and all other tenants or occupants of the right Building or any portion thereof (if any) to install one (1) antenna in which Landlord may have on or before the Antenna Area Date of Lease or thereafter extend similar rights), at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed option but at Tenant's sole cost and expense expense, to install upon the roof of the Building antennas, satellite dishes and other communications equipment (collectively, the "Roof Equipment") as shall be ancillary to, and required by Tenant in good and work-manlike mannerconnection with, the operation of its business at the Premises. Tenant shall also have the right, from time to time, to enter upon the roof of the Building to maintain and retain whatever title make all necessary repairs, replacements and maintenance of the Roof Equipment.
(b) All of the rights granted by Landlord to Tenant pursuant to Section 15.14 of this Lease shall be subject to the Equipment as it has or claims following: (i) Landlord shall have the right, in its reasonable discretion, to have, exclusive of space in and structural portions approve all of the buildingsRoof Equipment proposed to be installed on the roof of the Building by Tenant, which belong the plans and specifications therefor, the location thereof, and all contractors proposed to be used by Tenant in connection therewith; (ii) At Landlord's sole option and at Tenant's sole cost and expense, Tenant shall be retained surround the Roof Equipment with a screening system reasonably acceptable to Landlord and/or protect the roof of the Building with a roof protection system required by Landlord. Landlord will cooperate ; (iii) The installation and operation of all Roof Equipment by Tenant shall comply, fully and in all respects, with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b(A) Landlord agrees that Tenant and/or its contractor may run cables Applicable Requirements; ("Cables"B) between the Antenna Area and Premises, only in locations specifically approved all rules or regulations implemented by Landlord in writing, which approval shall not be unreasonably delayed or withheldconnection with use of the roof of the Building; and (C) the terms and conditions of all manufacturer's warranties and guaranties pertaining to the roof of the Building.
(c) The At its sole option, Landlord shall have the right to employ an engineer or construction manager to supervise the installation of the Roof Equipment and Cables Tenant shall remain reimburse Landlord for the property fees and costs of any such engineer or construction manager not later than 30 days after written demand shall be made therefor by Landlord of Tenant. In connection with the installation of the Roof Equipment by Tenant, Tenant or its contractor during shall employ, at Tenant's sole cost and expense, a roofer approved in writing by Landlord for the Termmaking of any penetrations of the roof of the Building required in connection with such work. Tenant shallacknowledges and agrees that if for any reason whatsoever Tenant shall utilize a roofer other than one that is approved in writing by Landlord for the making of any penetrations of the roof of the Building in connection with the installation of any Roof Equipment, then and in such event, (i) Landlord shall have the right, at its sole option, and at the sole cost and expense of Tenant, to remove and repair any such penetrations of the roof of the Building made by Tenant, and Tenant shall reimburse Landlord for the cost thereof within fourteen (14) days30 days after being billed therefor by Landlord, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) a Default shall be deemed to have occurred pursuant to the expiration terms and conditions of this Lease. In connection with any entry upon the roof of the Lease. To Building by Tenant or any of the extent reasonably possibleagents, employees and contractors of Tenant pursuant to the terms and conditions of Section 15.14 of this Lease in order to install, operate, maintain, repair and/or replace any of the Roof Equipment, neither Tenant nor any of the agents, employees or contractors of Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or cause any damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation Building or take any access action, or fail to take any action, that shall result in a breach or invalidation of any manufacturer's warranty or guaranty in effect at such time with respect to the antennaroof of the Building. Furthermore, Tenant shall indemnify, defend, protect and hold harmless Landlord harmless from and against liabilityall losses, liabilities, claims, damages, costs and expensesand/or expenses (including, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to personsattorneys' fees) that Landlord may suffer or incur, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities or which may be asserted at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord any time against any liability, damages costs or expensesLandlord, in connection with any way relating to the installation, use and maintenance operation, maintenance, repair and/or replacement of the Roof Equipment by Tenant or any of the agents, employees and/or contractors of Tenant or any breach or invalidation of any roof warranty or guaranty in effect with respect to the roof of the Building caused thereby.
(d) All Roof Equipment installed by Tenant pursuant to the preceding provisions of Section 15.14 of this Lease shall be deemed to be alterations of the Premises made by Tenant that are governed by the terms and Cablesconditions of this Lease, as applicable, and shall supply Tenant shall, at Tenant's sole cost and expense, except if notified prior to Landlordthe Expiration Date by Landlord to the contrary, upon Landlord's written request, remove all such Roof Equipment from the appropriate certificates roof of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes the Building on or before the Expiration Date or the date of any sooner termination of the Term in connection accordance with the installation, use terms and maintenance conditions of this Lease and restore the roof of the Building to its condition as existing prior to the installation of all such Roof Equipment and Cablesby Tenant.
Appears in 1 contract
Samples: Lease Agreement (Carrollton Bancorp)
Roof Rights. 33.01 Tenant shall have the right, without the requirement of any additional payments hereunder, as appurtenant to the Premises, exclusively to use space on the roof of the Building for the purpose of installing (in accordance with Section 10), repairing, replacing, servicing, operating and maintaining dishes/antennae or other communication devices and replacements thereof (collectively, the “Dishes/Antennae”) approved by Landlord. In addition, Tenant shall have access to a conduit with a maximum size of 2 inches running through the existing telephone room on each floor from the 16th floor to the roof of the Building to accommodate the cable from Tenant’s server room to the Dishes/Antennae. The location of the space on the roof to be used by Tenant shall be granted the spaces shown on Exhibit C (the “Roof Space”) or if Exhibit C is blank, then in such location as is mutually agreeable to the parties. Landlord reserves the right to relocate the Roof Space as necessary during the Term so long as such relocations (a) do not materially disrupt Tenant’s operations or (b) are reasonably acceptable to Tenant. If Tenant requests additional space for Dishes/Antennae and Landlord approves the same, Tenant shall pay to Landlord the standard market rate being charged by Landlord from time to time therefor. Landlord’s designation shall take into account Tenant’s use of the Dishes/Antennae. Notwithstanding the foregoing, Tenant’s right to install one the Dishes/Antennae shall be subject to the approval rights of Landlord (1) antenna which approval may incorporate the approval of Landlord’s architect and/or engineer with respect to the plans and specifications of the Dishes/Antennae, the manner in which the Dishes/Antennae are attached to the roof of the Building and the manner in which any cables are run to and from the Dishes/Antennae. The Dishes/Antennae must be tagged with weatherproof labels showing manufacturer, model, frequency range, and name of Tenant. In addition, the cable between the Dishes/Antennae and Tenant’s suite must be tagged in the Antenna Area at telecom closet on each floor with a label showing Tenant's expense ’s name, phone number and subject suite number. The precise specifications and a general description of the Dishes/Antennae along with all documents Landlord reasonably requires to appropriate governmental approval and Landlord's reasonable approval. Prior to review the installation of the antenna, Tenant Dishes/Antennae (the “Plans and Specifications”) shall submit be submitted to Landlord all plans, specifications and drawingsfor Landlord’s written approval no later than twenty (20) days before Tenant commences to install the Dishes/Antennae. Tenant shall be solely responsible for obtaining the installationnecessary governmental and regulatory approvals and for the cost of installing, maintenance operating, maintaining and operation and liability removing the Dishes/Antennae. Tenant shall notify Landlord upon completion of the antenna.
ainstallation of the Dishes/Antennae. If Landlord determines that the Dishes/Antennae equipment does not comply with the approved Plans and Specifications or that the Building has been damaged during installation of the Dishes/Antennae or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant shall cure the defects within ten (10) Landlord agrees that during days after receipt of such notice. If the Term (as defined in Section 3 below)Tenant fails to so cure the defects, Tenant may shall pay to Landlord upon demand the reasonable cost, as determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its reasonable discretion, deems it necessary to comply with Law, Tenant shall provide and install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's ’s sole cost and expense and in good and work-manlike mannerexpense, appropriate aesthetic screening, as so necessary, for the Dishes/Antennae (the “Aesthetic Screening”). Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to haveWherever Landlord’s consent is required under this Section 33, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval such consent shall not be unreasonably withheld, conditioned or delayed or withheldfor more than 3 days.
c) The Equipment 33.02 Landlord agrees that Tenant, upon reasonable prior written notice to Landlord (except in the event of an emergency), shall have access to the roof of the Building and Cables the Roof Space for the purpose of installing, maintaining, repairing, removing, securing, testing, operating and replacing the Dishes/Antennae, the appurtenances and the Aesthetic Screening, if any, all of which shall remain the property of be performed by Tenant or Tenant’s authorized representative or contractors, which shall be approved by Landlord, at Tenant’s sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant, FCC (defined below) inspectors, or persons under their direct supervision will be permitted to have access to the roof of the Building and the Roof Space. Tenant further agrees to exercise firm control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits. Except in emergencies, Tenant shall provide Landlord with at least twenty-four (24) hours advance notice prior to accessing the roof of the Building and Roof Space, and Landlord’s representatives may accompany any party to the roof.
33.03 It is further understood and agreed that the installation, maintenance, operation and removal of the Dishes/Antennae, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its contractor during agents or representatives in the Termexercise of Tenant’s rights under this Section.
33.04 Tenant agrees to install only equipment of types and frequencies which will not cause interference to equipment of Landlord or tenants of the Building. In the event Tenant’s equipment causes such interference, Tenant will change the frequency on which it transmits and/or receives and take any other steps necessary to eliminate the interference. If said interference cannot be eliminated within a reasonable period of time, in the judgment of Landlord, then Tenant agrees to cease operation of the Dishes/Antennae until said interference is eliminated. Landlord agrees to take all reasonable steps to prevent other tenants from subsequently installing equipment of types and frequencies which will cause interference to the Dishes/Antennae installed by Tenant.
33.05 Tenant shall, at its sole cost and expense within fourteen expense, and at its sole risk, install, operate and maintain the Dishes/Antennae in a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Occupational Safety and Health Administration (14“OSHA”), the Federal Communications Commission (the “FCC”), the Federal Aviation Administration (“FAA”) daysor any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, remove and of the commonwealth, city and county in which the Building is located. Under this Lease, Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant’s equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dishes/Antennae shall be connected to Landlord’s power supply in strict compliance with all applicable building, electrical, fire and safety codes. Except as set forth in this Lease, neither Landlord nor its agents shall be liable to Tenant for any stoppages or have removed such Equipment and Cables upon shortages of electrical power furnished to the earlier Dishes/Antennae or the Roof Space because of (1) any act, omission or requirement of the expiration or termination of this Agreementpublic utility serving the Building, or (ii) the expiration act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant’s representatives, repair, maintenance and engineering personnel while in or on any part of the Lease. To Building or the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualtyRoof Space.
d) Tenant 33.06 The Dishes/Antennae, the appurtenances and the Aesthetic Screening, if any, shall bear all expense in connection with remain the installation, use and maintenance personal property of such Equipment and CablesTenant, and shall be solely removed by Tenant at its own expense at the expiration or earlier termination of this Lease or Tenant’s right to possession hereunder. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant’s Dishes/Antennae, appurtenances and Aesthetic Screening, if any, placed on or about the roof or in any other part of the Building in proper operating condition and maintain the same in satisfactory condition as to appearance and safety as Landlord reasonably requires. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees that at all times during the term of this Lease, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant’s agents, employees or contractors.
33.07 In light of the specialized nature of the Dishes/Antennae, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dishes/Antennae, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant’s option, to perform such work in conjunction with Tenant’s contractor. In the event the Landlord contemplates roof repairs that could affect Tenant’s Dishes/Antennae, or which may result in an interruption of the Tenant’s telecommunication service, Landlord shall formally notify Tenant at least 60 days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order to allow Tenant to make other arrangements for such service. Landlord may relocate the Dishes/Antennae to make emergency roof repairs without notice to Tenant in which event Landlord shall be responsible for all maintenancethe cost of relocating the Dishes/Antennae unless the need to make such emergency roof repairs is a result of the acts or omissions of Tenant, repair its contractors, or any Tenant Related Parties, in which event Tenant shall be responsible for the cost of relocating the Dishes/Antennae.
33.08 Tenant shall have the right to contract with any provider of telecommunication, video, data, cable or related services (“Communication Services”) so long as such provider agrees in writing to comply with the terms of this Section 33. No access fees shall be paid nor shall any provider charge fees or derive income from any party other than Tenant without the express written agreement of Landlord. Tenant shall not allow its provider to locate any equipment on the roof of the Building other than in the Roof Space, nor may Tenant allow its provider to use the Roof Space and/or Dishes/Antennae to provide Communication Services to an unaffiliated tenant, occupant or licensee (which shall not include a permitted assignee or sublessee of the Premises) or another building, or to facilitate the provision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, occupant or licensee of the Building or any other building, unless Tenant’s service provider agrees to enter into a license agreement acceptable to Landlord to service other portions of the Building.
33.09 Landlord and damage caused Tenant specifically acknowledge and agree that the terms and conditions of Section 15 (Tenant’s Insurance) and Section 16 (Subrogation) shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or roof membrane utilized by Tenant, its representatives, agents, employees or contractors.
33.10 Upon termination of this Lease for an Event of Default, Landlord shall be permitted to remove the Dishes/Antennae, the appurtenances and the Aesthetic Screening, if any, and restore the Building and the Roof Space to the condition that existed prior to the installation of the Dishes/Antennae, the appurtenances and the Aesthetic Screening, if any. If, pursuant to this Section, Landlord removes the Dishes/Antennae, the appurtenances and the Aesthetic Screening, if any, as a result of such a termination, Tenant shall be liable for all reasonable costs and expenses Landlord incurs in removing the installation or Dishes/Antennae, the appurtenances and the Aesthetic Screening, if any, and repairing any access damage to the antenna. Tenant shall indemnifyBuilding, defend, protect the roof of the Building and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly the Roof Space caused by Tenant's the installation, use and operation or maintenance of the Equipment and CablesDishes/Antennae, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cablesappurtenances, and shall supply to Landlordthe Aesthetic Screening, upon Landlord's written request, the appropriate certificates of such insuranceif any.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Office Lease Agreement (Investment Technology Group Inc)
Roof Rights. Tenant Without limiting any other provision of this Lease, Lessee shall be granted have the non-exclusive right to install one satellite dish (1the "Dish") antenna in and a supplemental air conditioning unit for the Antenna Area at Tenant's expense and Premises (the "Air Conditioner" and, together with the Dish, the "Facilities") on the roof of the Building (including necessary connection to the Demised Premises) for use by Lessee, provided any such installations shall be subject to appropriate governmental approval Lessor's prior consent, which consent shall not be unreasonably withheld, conditioned or delayed. Any such Facilities shall be installed in accordance with all applicable laws and Landlord's reasonable approvalbuilding codes. Lessee shall remove such Facilities at the expiration or earlier termination of the Lease; provided Lessee shall repair any damage to the roof caused by such removal. Prior to installation making any installations on the roof of the antennaBuilding, Tenant Lessee shall submit use a roofing contractor for all work to Landlord all plans, specifications and drawings. Tenant shall be responsible for performed by Lessee on the installation, maintenance and operation and liability roof of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically Building approved by Landlord in writingLessor, which approval shall not be unreasonably delayed withheld. Lessee shall furnish detailed plans and specifications for the Facilities (or withheld.
cany modifications thereof) to Lessor for its approval. The Equipment parties agree that Lessee's use of the rooftop of the Building is a non-exclusive use and Cables Lessor may permit the use of any other portion of the roof to any other person for any use including installation of other satellite dishes, antennas and support equipment. Lessee shall remain use its reasonable efforts to insure that its use of the property rooftop does not impair such other person's data transmission and reception via its respective antennas and support equipment. If Lessee's construction, installation, maintenance, repair, operation or use of Tenant the Dish shall interfere with the rights of Lessor (including, without limitation, Lessor's right to reasonably use the remainder of the roof) or other lessees in the Building, Lessee shall cooperate with Lessor or such other lessees in eliminating such interference; provided, however, the cost of remedying such interference shall be borne by the party which is suffering such interference, unless such party was not suffering such interference prior to the use of the Dish causing such interference by Lessee, in which case the cost of remedying such interference shall be borne by Lessee. Lessee shall secure and keep in full force and effect, from and after the time Lessee begins construction and installation of the Facilities, such supplementary insurance with respect to the Facilities as Lessor may reasonably require, provided that the same shall not be in excess of that which would customarily be required from time to time by Lessors of buildings of similar class and character in Morris County, New Jersey with respect to similar installationx. In connection with the installation, maintenance and operation of the Facilities , Lessee, at Lessee's sole cost and expense, shall comply with all legal requirements and shall procure, maintain and pay for all permits required therefor, and Lessor makes no warranties whatsoever as to the permissibility of the Facilities under applicable legal requirements or the suitability of the roof of the Building for the installation thereof. If Lessor's structural engineer deems it advisable that there be structural reinforcement of the roof in connection with the installation of the Facilities, Lessor shall perform same at Lessee's cost and expense and Lessee shall not perform any such installation prior to the completion of any such structural reinforcement. The installation of the Facilities shall be subject to the provisions of Articles 5 and 6 applicable to alterations and installations. For the purpose of installing, servicing or repairing the Facilities, Lessee shall have access to the rooftop of the Building, upon reasonable notice to Lessor, and Lessor shall have the right to require, as a condition to such access, that Lessee (or its employee, contractor during or other representative) at all times be accompanied by a representative of Lessor. Lessee shall pay for all electrical service required for Lessee's use of the TermFacilities, in accordance with the provision set forth in Article 22 hereof. Tenant shallLessee, at its sole cost and expense, shall promptly repair any and all damage to the rooftop or to any other part of the Building caused by the installation, maintenance and repair, operation or removal of the Facilities. Lessee shall be responsible for all costs and expense within fourteen (14) daysfor repairs of the roof which result from Lessee's use of the roof for the construction, remove installation, maintenance, repair, operation and use of the Facilities. All installations made by Lessee on the rooftop or have removed such Equipment and Cables upon in any other part of the earlier of (1) Building pursuant to the expiration or termination provisions of this AgreementArticle 56 shall be at the sole risk of Lessee, and neither Lessor, nor any agent or employee of Lessor, shall be responsible or liable for any injury or damage to, or (ii) arising out of, the Facilities. Lessee's indemnity under Article 33 shall apply with respect to the installation, maintenance, operations, presence or removal of the Facilities by Lessee. Upon the expiration of the Lease. To Term, the extent reasonably possibleFacilities shall be removed by Lessee at its sole cost and expense, Tenant and Lessee shall restore Landlordrepair any damage to the rooftop or any other portions of the Building to substantially their condition immediately prior to Lessee's affected facilities to their original condition, including repainting or touch-up, excepting installation of the Facilities (ordinary wear and teartear excepted). Notwithstanding anything to the contrary contained in this Article 56, Lessor shall have the right, at Lessor's expense, on not less than thirty (30) days' prior notice, to relocate the Facilities to another location on the roof of the Building, such expense to include, without limitation, the removal of the existing Facilities, the purchasing of labor, materials and equipment necessary for the relocation thereof and the reinstallation of the Facilities at such other location as reasonably designated by Lessor on the roof of the Building, provided that Lessor does not, except if work is reasonably required to be performed on the roof or in the Building, either materially interfere with or adversely affect the receipt of and/or damage or destruction due to fire transmittal of microwaves or other casualty.
d) Tenant similar signals, and Lessee shall cooperate in all reasonable respects with Lessor in any such relocations; provided, however, that if such relocation is done pursuant to any legal requirement, the cost thereof shall be borne by Lessee (unless such legal requirement relates to, or results from, other actions taken, or permitted to be taken, by Lessor, in which event Lessor shall bear all expense of the costs and expenses of such relocation). The rights granted in this Article 56 are given in connection with the installation, use and maintenance of such Equipment and Cableswith, and as part of the rights created under this Lease and are not separately transferable or assignable. If the installation of the Facilities or act or omission relating thereto should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Lessor, then Lessee shall be solely responsible reimburse Lessor for all maintenance, repair and any loss or damage caused to the Roof sustained or roof membrane costs or expenses incurred by Lessor as a result of the installation such impairment or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease (Medicines Co /De)
Roof Rights. Tenant shall be granted the right to install one So long as it (1i) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and does not impact Landlord's reasonable approval. Prior to installation of the antennaroof warranty and (ii) complies with all applicable laws, Tenant shall submit to Landlord all plansrules and regulations, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) daysexpense, remove or shall have removed such Equipment and Cables upon access to the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration roof of the LeaseBuilding in designated areas mutually agreed upon for the purpose of installation of microwave satellite, antenna and other communications devices or supplemental HVAC units and venting and ducting for office uses (the "Roof Equipment"). To the extent reasonably possible, Tenant shall restore use its best efforts to utilize US Realtel to provide such services. Nothing herein shall obligate Tenant to use US Realtel. Notwithstanding the foregoing, all such Roof Equipment shall be for the sole benefit of Tenant and Landlord, shall relate specifically to Tenant's use of the Premises, and shall not be used as a switching station, amplification station or by other tenants or third parties. Tenant shall make a request for approval of the Roof Equipment hereunder by submission of specific plans and specifications for the work to be performed by Tenant to Landlord at least thirty (30) days prior to the proposed installation. Landlord shall respond in writing within ten (10) business days from receipt of said plans and specifications, advising Tenant of approved contractors and those portions of the work that are acceptable and disapproving those portions of the work that are, in Landlord's affected facilities judgment, reasonably exercised, unacceptable and with respect to their original conditionthe plans, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) specifying in detail the nature of Landlord's objection. Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenancedamages caused by installation, maintenance and/or removal of its Roof Equipment and Tenant shall promptly repair and any of the foregoing damage caused to the roof by said installation, removal or maintenance of said Roof Equipment and with respect to damage caused by removal of such Equipment prior to the expiration or roof membrane early termination of this Lease unless directed in writing by Landlord otherwise. Landlord shall be named as a result an additional insured on all Tenant insurance relating to the Roof Equipment. All installation, repair, replacement and modification of the installation or any access to the antenna. Tenant Roof Equipment shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance be done only after receipt of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates approval of such insurance.
f) Tenant installation, repair, replacement or modification; shall use only those contractors previously approved in writing by Landlord; and its contractors shall comply with all applicable laws, regulations and building codes be in connection accordance with the installation, use Rules and maintenance of the Equipment and CablesRegulations set forth herein.
Appears in 1 contract
Samples: Full Service Lease (Ict Group Inc)
Roof Rights. Landlord shall make available to Tenant, at no charge, an area on the roof of the Building sufficient to accommodate communications equipment located on the roof as of the Execution Date, together with such other communications equipment as may be approved in writing by Landlord as hereinafter provided, but only so long as the diameter of any satellite dish is not larger than 36 inches (the “Equipment”) and the HVAC system located on the roof as of the Execution Date and will permit Tenant to install cables between the roof and the Premises in locations and through conduits and pathways in the Building and, except for temporary periods of time during which Landlord may be repairing or maintaining the roof, to have 24 hours a day, 7 days a week access to the roof and such Equipment to permit its installation, use, operation, maintenance, and repair by Tenant. Tenant will provide Landlord with physical specifications and the manner of installation of such Equipment prior to installation, which Equipment and the installation thereof shall be granted the right to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental Landlord’s approval, such approval not to be unreasonably withheld, conditioned or delayed, and Landlord's reasonable approval. Prior to installation that of the antennajurisdiction governing the Building and the Property. Notwithstanding anything to the contrary contained herein, Landlord will reasonably designate where the Equipment will be located on the roof or site and Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall will be responsible for all costs associated with the installation, maintenance and operation and liability removal of the antenna.
a) Landlord Equipment on the Expiration Date or earlier termination of the Lease. Tenant also agrees that during to comply with all reasonable requirements of Landlord’s roofing consultant in connection with the Term (as defined in Section 3 below), Tenant may install, use installation of any Equipment and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered shall be responsible for any cost incurred by Tenant to Landlord in connection with reviewing and/or supervising the initial approval process. All installation of Tenant's construction any Equipment and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights all costs associated with any damage to the roof or site area where the Equipment as it has is attached (unless such costs are caused (i) by third parties unaffiliated with or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained unauthorized by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shallemployees, at its sole cost and expense within fourteen (14) days, remove agents or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreementcontractors, or (ii) by the expiration gross negligence or willful misconduct of Landlord or its employees, agents or contractors). Tenant will indemnify Landlord in the event that any of the Lease. To the extent reasonably possibleTenant’s employees, Tenant shall restore Landlord's affected facilities to their original condition, including repainting agents or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense vendors are injured in connection with the installation, use and maintenance of such or accessing the Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to by entrance onto the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly Building (unless such injuries are caused by Tenant's installationthird parties unaffiliated with or unauthorized by Tenant or by the gross negligence or willful misconduct of Landlord or its employees, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Projectagents or contractors).
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. (a) Tenant shall be granted have the non-exclusive right to install install, operate, and maintain at its sole expense, a maximum of one (1) antenna 6-foot satellite dish and other related equipment, which related equipment shall not exceed thirty (30) pounds (collectively, the "Communications Equipment"), in an area on the roof of the Building designated by Landlord, which area shall be encompassed by a four foot (4') radius measured from the center of such Communications Equipment (the "Roof Space"), to use in connection with Tenant's business in the Antenna Area Premises; provided, however, that none of such installations of Communications Equipment may be visible at the ground level in the vicinity of the Building. Tenant's expense use of the Roof Space pursuant to this Section will be without charge to Tenant during the Lease Term.
(b) Tenant shall have access to the roof and Tenant's equipment relating to the Communications Equipment at all times throughout the Lease Term, such right to be limited to authorized engineers of Tenant or persons under Tenant's direct supervision and subject to appropriate governmental approval the Building Rules and Regulations. During normal business hours (for purposes hereof, between 8:00 a.m. and 5:00 p.m., Monday through Friday), Tenant must notify Building personnel of Tenant's need to gain access to the Building roof Building personnel must escort Tenant to the roof access. During requested after-hours access, Tenant's personnel must be accompanied by Building personnel and Tenant will be billed at a rate of $35.00 per hour for scheduled maintenance with a three (3) hour minimum for unscheduled call-backs.
(c) Tenant's Communications Equipment, and the associated wiring thereto, shall be installed in accordance with plans and specifications approved by Landlord by contractors selected and employed by Tenant. The installation, operation and maintenance of Tenant's Communications Equipment will in no way damage the Building, interfere with users already on or in the Premises, or interfere with Landlord's reasonable approval. Prior to installation maintenance of the antenna, Tenant shall submit to Landlord all plans, specifications and drawingsPremises. Tenant shall cause all of Tenant's communications from the roof of the Building and Tenant's Communications Equipment to comply with Legal Requirements. Landlord and its representatives agree to cooperate with Tenant in connection with obtaining satellite permits, licenses, zoning variances, special use permits or other authorizations necessary for Tenants use of the above-described satellite dishes, provided that such permits, licenses, variances or special use permits do not increase Landlord's obligations hereunder or thereunder, and Landlord shall not be responsible required to expend any money in connection therewith. Electrical power will be supplied by Landlord and paid for by Tenant. All work relating to the installation, Communications Equipment shall be coordinated with Landlord's roofing contractor so as not to adversely affect any warranties in respect of the roof. The maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work Communications Equipment shall be performed accomplished at Tenant's sole cost expense by Tenant or contractors selected and expense and in good and employed by Tenant.
(d) Landlord will not be liable for the failure of Tenant's Communications Equipment to work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions regardless of the buildings, which belong to and cause of such failure; nor shall Landlord be retained by Landlordliable for any interference with the reception of the antennas that may result from future construction in or around the Building. Landlord will cooperate with Tenant, at no cost not be liable for any failure of the Communications Equipment or the functionality thereof due to Landlord, regarding temporary interruptions of electricity and/or routine Building maintenance and repairs. Prior to allowing any other tenant to install equipment on the roof within a ten foot (10') radius from the center of Tenant's access to utilities and the connection of the utilities to the existing Communications Equipment
b) , Landlord agrees that to consult with Tenant and/or its contractor may run cables to ensure the functionality of Tenant's Communications Equipment is not diminished by such additional installation. Landlord reserves the right to require Tenant to relocate the Communications Equipment a maximum of two ("Cables"2) between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor times during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon provided there is adequate space on the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration roof of the LeaseBuilding which will not diminish the functionality of Tenant's Communications Equipment. To In the extent reasonably possible, event the relocation of the Communications Equipment is required to accommodate another tenant Landlord agrees to reimburse Tenant shall for the actual cost of such relocation and any repairs required at the original Roof Space to restore Landlord's affected facilities same to their its original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d(e) Tenant agrees that its indemnification of Landlord contained in Section 18 shall bear all expense also apply to the Roof Space and Communications Equipment. Furthermore Tenant agrees that the insurance requirements described in connection with Section 17 shall also apply to the installationRoof Space and Communications Equipment.
(f) Any Communications Equipment installed on the roof by Tenant and any connecting wiring to the Premises shall remain Tenant's property notwithstanding attachment to the Building, use and maintenance of such Equipment and Cablesmay be removed by Tenant at any time, and shall be solely responsible for all maintenance, repair and removed by Tenant at the conclusion of the Lease Term with Tenant restoring any damage caused to the Roof Space, or roof membrane as a result of elsewhere in or on the Building, which may have been caused by the installation or any access its removal. Transfers to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, Affiliates of ownership in and/or use and maintenance of the Communications Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at shall be governed by the Projectprovisions of Section 10.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease Agreement (Objectspace Inc)
Roof Rights. Tenant shall be granted Subject to the right to install one terms and conditions of this Section, (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have the right, in common with the rights of Landlord, other tenants of the Building and retain whatever title others as may be designated or licensed by Landlord, to install and operate two (2) satellite dish receiving/transmission antennae and wires, cables, conduits, and associated equipment (collectively, the “Communications Equipment”) which shall only be used by Tenant in conjunction with its conduct of the Permitted Uses (and for no other purpose) on a portion of the roof of the Building, (b) Tenant shall have the right, in common with the rights of Landlord, other tenants in the Building and others as may be designated or licensed by Landlord or its affiliates, to connect the Communications Equipment to the Equipment as it has or claims to have, exclusive of space in and structural portions interior of the buildingsPremises (provided, which belong however, that any cable or wiring and/or conduit installed by or for Tenant or with respect to any Communications Equipment installed pursuant to this Section by or for Tenant shall run through the core, or be concealed in the walls of the Building or chases of the Building or shall otherwise be appropriately concealed, and shall exit the Building at or below ground level) and (c) Tenant shall maintain the Communications Equipment in good order, condition and repair and Tenant shall have a right of temporary access from time to time, as may be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically reasonably approved by Landlord in writingadvance except in the case of an emergency, over the roof of the Building to the extent necessary to install, maintain, inspect, repair, and replace the Communications Equipment. Tenant shall make no attachments to and penetrations of the roof required for the Communications Equipment without Landlord’s prior approval which approval may be conditioned on Tenant’s agreement as to the maintenance and restoration of the affected portion of the roof and other affected areas. In no event shall Tenant place a load on the roof of the Building exceeding an average rate of forty (40) pounds of live load per square foot of roof area. Notwithstanding the foregoing provisions of this Section, Tenant may not install any Communications Equipment or connect any Communications Equipment to the Premises except with the prior approval of Landlord, which approval shall not be unreasonably withheld. In furtherance thereof, with respect to any Communications Equipment, Tenant shall submit to Landlord plans and specifications (including, but not limited to, design, size, weight and configuration) for such Communications Equipment and the proposed location thereof on the roof of the Building for Landlord’s approval, (including, but not limited to the size and aesthetics of the Communications Equipment and the architectural compatibility and relationship between the Communications Equipment and the general area of the site and neighboring roads). Without limiting the generality of the foregoing, Tenant shall make no penetrations of or attachments to the roof for any of its Communications Equipment or otherwise without Landlord’s prior approval, which approval shall not be unreasonably withheld, delayed or withheld.
cconditional. All of the Communications Equipment shall only be used in conjunction with Tenant’s conduct of the Permitted Uses and for no other purposes. However, Landlord shall have the right, in its sole discretion, to select the location on the roof for the placement of the Communications Equipment. Tenant, at Tenant’s expense, shall repair any damage to the Building (including but not limited to the roof) The resulting from the installation, operation, maintenance, repair replacement or removal of the Communications Equipment including sealing and repairing all roof penetrations. Upon the expiration or earlier termination of the Lease Term, Tenant, at Tenant’s expense shall remove all of the Communications Equipment and Cables restore the affected portions of the Building to as near as practicable its condition prior to the installation thereof; provided, however, that Tenant shall remain not be obligated to remove conduits and wiring for such Communications Equipment which is located within walls or within ceiling plenums of the property of Tenant or its contractor during the TermBuilding. In addition, Tenant shall, at its sole cost and expense within fourteen expense, (14i) days, maintain the integrity and watertightness of the roof and other areas around and affected by any such penetrations and attachments and (ii) remove or have removed such all Communications Equipment and Cables upon related equipment and repair and restore the earlier area of (1) the roof affected by the penetrations and attachments, at the expiration or earlier termination of this Agreementthe Lease Term or Landlord may perform same for Tenant’s account and at Tenant’s expense. Further, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant in no event shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, operation, maintenance, repair, replacement or removal of any Communications Equipment interfere with the use and maintenance or occupancy of such Equipment and Cablesthe Building by any tenant or by others entitled thereto or with the use of any other Tenants’ Communications Equipment. In addition, and Tenant shall be solely responsible for all maintenance, repair obtaining and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain maintaining in full force and effect during the Termsuch permits, comprehensive liability insurance protecting Landlord against any liabilitylicenses, damages costs or expensesapprovals, in connection with special permits and other governmental authorizations, if any, as shall be required for the installation, use maintenance and maintenance operation of the Communications Equipment by applicable law, by-law, rule or regulation and Cablesthe failure or inability of Tenant to obtain any such permits, licenses, approvals, special permits and other governmental authorizations shall supply to in no way (i) constitute a default of Landlord, upon Landlord's written request(ii) give Tenant any right to an abatement, offset or other reduction in Annual Fixed Rent, Additional Rent or other charges payable under this Lease or (iii) give Tenant any right to terminate this Lease. The rights herein granted to Tenant are in common with the appropriate certificates rights of such insurance.
f) Tenant Landlord and its contractors shall comply with all applicable laws, regulations and building codes in connection with other tenants of the Building from time to time to use or to grant to or license others from time to time the right to use any portion of the roof for the installation, use operation, replacement, repair, renovation, removal and maintenance inspection of communications, reception, transmission, or other like equipment and appurtenances. Further, the Equipment and Cablesrights herein granted to Tenant shall expire if (i) there shall be an Event of Default of Tenant under this Lease or (ii) this Lease shall terminate or otherwise expire.
Appears in 1 contract
Roof Rights. Tenant shall be granted the right to install one So long as it (1i) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and does not impact Landlord's reasonable approval. Prior to installation of the antennaroof warranty and (ii) complies with all applicable laws, Tenant shall submit to Landlord all plansrules and regulations, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) daysexpense, remove or shall have removed such Equipment and Cables upon access to the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration roof of the LeaseBuilding in designated areas mutually agreed upon for the purpose of installation of microwave satellite, antenna and other communications devices or supplemental HVAC (units the "Roof Equipment"). To the extent reasonably possible, Tenant shall restore consider US Realtel to provide such communication services. Notwithstanding the foregoing, all such Roof Equipment shall be for the sole benefit of Tenant and Landlord, shall relate specifically to Tenant's (or any Subtenant's) use of the Premises, and shall not be used as a switching station, amplification station or by other tenants or third parties. Tenant shall make a request for approval of the Roof Equipment hereunder by submission of specific plans and specifications for the work to be performed by Tenant. Landlord shall respond in writing within fifteen (15) business days from receipt of the same, advising Tenant of approved contractors and those portions of the work that are acceptable and disapproving those portions of the work that are, in Landlord's affected facilities judgment, reasonably exercised, unacceptable and with respect to their original conditionthe plans, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) specifying in detail the nature of Landlord's objection. Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenancedamages caused by its Roof Equipment, repair for the removal of all Roof Equipment and damage caused the restoration of the roof upon the expiration or early termination of this Lease unless directed in writing by Landlord otherwise. Landlord shall be named as an additional insured on all Tenant insurance relating to the Roof or roof membrane as a result Equipment. All installation, repair, replacement and modification of the installation or any access to the antenna. Tenant Roof Equipment shall indemnifybe coordinated with Landlord, defend, protect shall only use those approved contractors and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain be in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection accordance with the installation, use Rules and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insuranceRegulations set forth herein.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease (Sciquest Inc)
Roof Rights. Tenant shall be granted have the right to install one install, operate and maintain (1i) antenna in subject to Section 12, equipment, and (ii) telecommunications antennae, microwave dishes and other communications or equipment exclusively servicing the Antenna Area at Building (“Roof Equipment”) on the roof of the Building (solely for Tenant's expense ’s own use and not on a revenue generating basis) under and subject to appropriate governmental approval the following conditions:
(a) In connection with the installation, operation, maintenance and Landlord's reasonable approvalremoval of the Roof Equipment, Tenant shall, notwithstanding anything to the contrary set forth herein, comply with the requirements of any applicable roof warranty and shall not unreasonably interfere with the Building Systems or the operation of any rooftop equipment for such Building Systems. Prior Tenant shall comply with all Laws and prior to the installation of the antennaRoof Equipment, shall obtain and deliver to Landlord written evidence of any required Permits. Further, Tenant shall submit comply with the provisions of this Lease, including, without limitation, Sections 12 and 13.
(b) Tenant shall obtain Landlord’s prior written approval of the specifications for the Roof Equipment, not to be unreasonably withheld. The location of the Roof Equipment shall be mutually and reasonably acceptable to both Landlord all plansand Tenant; provided, specifications however, Landlord may withhold its consent if a proposed location would create a design problem. Tenant agrees to consult with Landlord’s roofing contractor prior to installation and drawingsstrictly to comply with the roofing contractor’s recommendations and requirements. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered pay all reasonable out-of-pocket costs incurred by Tenant to Landlord in connection with the initial approval processRoof Equipment, including, without limitation, all architectural, engineering, and contractors’ and legal fees.
(c) Landlord may require screening of the Roof Equipment and may also require structural engineering and reinforcement if necessary given the nature of such Roof Equipment.
(d) At least ten (10) business days prior to installation of the Roof Equipment, Tenant shall notify Landlord of the date and time of such installation.
(e) Tenant shall maintain the Roof Equipment in a safe, good and orderly condition. All The installation, maintenance, repair and removal of Tenant's construction and installation work the Roof Equipment shall be performed at Tenant's ’s sole expense in a manner which will not impair the integrity of, damage or adversely affect the warranty applicable to, the roof or any other portion of the Premises.
(f) No later than the expiration or sooner termination of the Term, at Tenant’s sole expense, Tenant shall remove the Roof Equipment and repair any resulting damage to the Building and restore the roof to substantially the same condition existing prior to the installation of the Roof Equipment, normal wear and tear excepted.
(g) Any electricity consumption applicable to the use, operation or maintenance of the Roof Equipment shall be at the sole cost and expense and of Tenant. To the extent that any changes in good and work-manlike manner. Tenant shall have and retain whatever title and rights existing electrical facilities in the Building are required to meet the Equipment as it has or claims to haveneeds of Tenant’s Roof Equipment, exclusive of space in and structural portions of the buildings, which belong to and changes shall be retained by Landlord. made at Tenant’s expense, provided Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writingapproves such changes, which approval shall not be unreasonably delayed or withheld.
c(h) The Tenant’s indemnification of Landlord pursuant to Section 8 of this Lease also applies to the Roof Equipment and Cables shall remain the property Tenant’s use of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration any portion of the LeasePremises therefor. To Without limiting the extent reasonably possibleforegoing, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage any damages or injury caused by or in any way relating to the Roof Equipment, including, but not limited to, damage or roof membrane as a result injury caused by reason of the installation Roof Equipment collapsing or being blown from the roof or any access other portion of the Premises, except to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly extent caused by Tenant's installation, use and maintenance the gross negligence or willful misconduct of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the ProjectLandlord or its Agents.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease Agreement (INSMED Inc)
Roof Rights. 1. During the Term, Tenant shall be granted have the nonexclusive right to install on the roof of the Building one (1) antenna satellite dish(s) which is no more than twenty-four (24) inches in diameter and does exceed two hundred (200) pounds installed, which shall be enclosed by a screen and the Antenna Area at Tenant's expense nonexclusive right to run connecting lines or cables thereto from the Premises (such satellite dish/antennae and subject such connecting lines and related equipment herein referred to appropriate governmental approval and collectively as the "Equipment"). Tenant shall not penetrate the roof in connection with any installation or reinstallation of the Equipment without Landlord's reasonable prior written consent, which may be withheld in Landlord's sole discretion. The plans and specifications for all the Equipment shall be delivered by Tenant to Landlord for Landlord's review and approval. Such plans and specifications, including, without limitation, the location of the Equipment, shall be approved by Landlord in writing prior to any installation. In no event shall the Equipment or any portion thereof be visible from street level. Prior to the commencement of any installation of or other work performed on or about the antennaBuilding, Tenant Landlord shall submit to Landlord approve all plans, specifications contractors and drawingssubcontractors which shall perform such work. Tenant shall be responsible for any damage to the roof, conduit systems or other portions of the Building or Building systems as a result of Tenant's installation, maintenance and operation and liability and/or removal of the antennaEquipment.
a) 2. During the initial Term of this Lease, Tenant shall not be required to pay to Landlord agrees rent for the use of the roof and roof space to accommodate Tenant's Equipment. In the event that during Tenant extends the Term (as defined in Section 3 below)of this Lease, Tenant may installbe required, at Landlord's election, to pay rent for the use of the roof and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant roof space to Landlord in connection with the initial approval process. All of accommodate Tenant's construction Equipment, which amount shall not exceed Three Hundred Dollars ($300.00) per month and installation work shall be performed due and payable on the first day of each month with each installment of Base Rent.
3. Tenant, at Tenant's sole cost and expense expense, shall comply with all Regulations regarding the installation, construction, operation, maintenance and removal of the Equipment and shall be solely responsible for obtaining and maintaining in good force all permits, licenses and work-manlike mannerapprovals necessary for such operations.
4. Tenant shall have be responsible for and retain whatever title promptly shall pay all taxes, assessments, charges, fees and rights to other governmental impositions levied or assessed on the Equipment as it has or claims to have, exclusive of space in and structural portions of based on the buildings, which belong to and shall be retained by Landlordoperation thereof.
5. Landlord will cooperate with may require Tenant, upon thirty (30) days prior notice and at no Landlord's sole cost and expense, to Landlord, regarding Tenant's access relocate the Equipment during the Term to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically a location approved by Landlord in writingTenant, which approval shall not be unreasonably delayed withheld, conditioned or withhelddelayed. Tenant shall not change the location of, or alter or install additional Equipment or paint any of the other Equipment without Landlord's prior written consent.
c) The 6. Operation of the Equipment shall not interfere in any manner with equipment systems or utility systems of other tenants of the Project, including without limitation, telephones, dictation equipment, lighting, heat and Cables air conditioning, computers, electrical systems and elevators. If operation of the Equipment causes such interference, as determined by Landlord in Landlord's reasonable discretion, Tenant immediately shall remain suspend operation of the property of Equipment until Tenant or its contractor during the Termeliminates such interference.
7. Tenant shallshall maintain the Equipment in good condition and repair, at its Tenant's sole cost and expense. Landlord may from time to time require that Tenant repaint the satellite dishes at Tenant's expense within fourteen (14) daysto keep the same in an attractive condition. In the event that Tenant fails to repair and maintain the Equipment in accordance with this Lease, remove Landlord may, but shall not be obligated to, make any such repairs or have removed such perform any maintenance to the Equipment and Cables Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith, plus a reasonable administrative fee.
8. Tenant may access the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration roof for repair and maintenance of the LeaseEquipment, only during normal business hours, on not less than 24 hours prior written notice to Landlord. To the extent reasonably possible, Tenant shall restore designate in writing to Landlord all persons whom Tenant authorizes to have access to the roof for such purposes. Upon such designation and prior identification to Landlords' building security personnel, such authorized persons shall be granted access to the roof by Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) building engineer. Tenant shall bear be responsible for all expense costs and expenses incurred by Landlord in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any Tenant's access to the antennaroof pursuant to this Paragraph. Landlord or Landlord's agent may accompany Tenant during such access.
9. Tenant shall indemnify, defend, protect and hold harmless Landlord harmless from and against liability, damages, costs any and expenses, including reasonable attorneys' fees incurred all claims related to the Equipment or suffered by operation of the same as if the Equipment were located wholly within the Premises. Tenant shall provide evidence satisfactory to Landlord directly caused by that Tenant's installationproperty and liability insurance policies required under this Lease include coverage for the Equipment and any claim, loss, damage, or liability relating to the Equipment.
10. Landlord shall have no responsibility or liability whatsoever relating to (i) maintenance or repair of the Equipment, (ii) damage to the Equipment; (iii) damage to persons or property relating to the Equipment or the operation thereof; or (iv) interference with use and maintenance of the Equipment and Cablesarising out of utility interruption or any other cause, including without limitation, except for injury and death to persons, persons or damage to property and interference with caused solely by the active negligence or intentional misconduct of Landlord, its agents or any other tenants and licensee's rights who are sharing roof-top facilities at parties related to Landlord. In no event shall Landlord be responsible for consequential damages. Upon installation of the Project.
e) Equipment, Tenant shall maintain accept the area where the Equipment is located in force and effect during its "as is" condition. Tenant acknowledges that the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance roof location of the Equipment and Cablesis suitable for Tenant's needs, and acknowledges that Landlord shall supply have no obligation whatsoever to Landlordimprove, upon Landlord's written request, maintain or repair the appropriate certificates of such insurancearea in which the Equipment will be installed.
f) 11. Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection use the Equipment solely for Tenant's operations associated with the installationPermitted Use and within Tenant's Premises and shall not use or allow use of the Equipment, use for consideration or otherwise, for the benefit of other tenants in the Building or any other person or entity. Tenant shall, at Tenant's sole cost and maintenance expense, remove such portions of the Equipment as Landlord may designate upon the expiration or earlier termination of this Lease, and Cablesrestore the affected areas to their condition prior to installation of the Equipment. If Tenant fails to so remove the Equipment, Landlord reserves the right to do so, and the expense of the same shall be immediately due and payable from Tenant to Landlord as additional rent, together with interest and late charges as provided in this Lease, plus a reasonable administrative fee.
Appears in 1 contract
Samples: Office Lease (Intraware Inc)
Roof Rights. (a) Tenant shall be granted have the right obligation to install one replace the exiting roof of the Premises, in which event the Landlord shall contribute the sume of One Hundred Fifty Thousand Dollars (1$150,000.00) antenna in to Tenant upon the Antenna Area at Tenant's expense and subject to appropriate governmental approval completion of the roof and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval processverification thereof. All of Tenant's construction and installation work in connection with said roof shall be performed done in compliance with all appropriate zoning and building code statutes, laws, rules, regulations and ordinances and Tenant shall be responsible, at its own cost and expense, for the procurement of any and all permits and certificates of occupancy in connection therewith. Landlord shall have the right to approve the Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions choice of the buildings, which belong to and shall be retained roofing contractor selected by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably withheld or delayed by Landlord. The roof replacement shall be effected by Tenant within the five (5) year period commencing on the Commencement Date of this Lease. Tenant shall be responsible for all maintenance, repairs and replacement of the roof during the Term and any renewal term of this Lease and, to the extent an assignment is permitted, shall be assigned all warranties and guarantees, if any, held by Landlord with respect thereto for enforcement thereof by Tenant. In the event that said warranties or withheldguaranties cannot be assigned, Landlord, upon Tenant's request, shall take reasonable steps to enforce said warranties or guaranties.
c(b) The Equipment So long as it (i) does not impact Landlord's roof warranty and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall(ii) complies with all applicable laws, rules and regulations, Tenant, at its sole cost and expense within fourteen (14) daysbut without additional charge hereunder other than utility fees which may be imposed for actual usage, remove or shall have removed such Equipment and Cables upon access to the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration roof of the Lease. To Building in designated areas mutually agreed upon for the extent reasonably possiblepurpose of installation of microwave satellite, antenna and other communications devices or supplemental HVAC units and venting units (collectively, the "Roof Equipment") and with respect to telecommunications installations, Tenant shall restore use its best efforts to utilize US Realtel to provide such services, or such other contractor as may be acceptable to Landlord, upon its prior written consent and approval, which consent shall not be reasonably withheld or delayed. Notwithstanding the foregoing, all such Roof Equipment shall be for the sole benefit of Tenant and Landlord, shall relate specifically to Tenant's use of the Premises, and shall not be used as a switching station, amplification station or by other tenants or third parties. Tenant shall make a request for approval of the Roof Equipment hereunder by submission of specific plans and specifications for the work to be performed by Tenant. Landlord shall respond in writing within fifteen (15) business days from receipt of the same, advising Tenant of approved contractors and those portions of the work that are acceptable and disapproving those portions of the work that are, in Landlord's affected facilities judgment, reasonably exercised, unacceptable and with respect to their original conditionthe plans, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) specifying in detail the nature of Landlord's objection. Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for the removal of all maintenanceRoof Equipment and the restoration of the roof upon the expiration or early termination of this Lease unless directed in writing by Landlord otherwise. All installation, repair repair, replacement and damage caused to modification of the Roof Equipment shall be coordinated with Landlord, shall only use those contractors approved by Landlord, which approval shall not be unreasonably withheld or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered delayed by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and CablesLandlord, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes be in connection accordance with the installation, use Rules and maintenance of the Equipment and CablesRegulations set forth herein.
Appears in 1 contract
Roof Rights. (a) Tenant shall be granted have the non-exclusive right to install install, operate, and maintain at its sole expense, a maximum of one (1) antenna 6-foot satellite dish and other related equipment, which related equipment shall not exceed thirty (30) pounds (collectively, the "Communications Equipment"), in an area on the roof of the Building designated by Landlord, which area shall be encompassed by a four foot (4') radius measured from the center of such Communications Equipment (the "Roof Space"), to use in connection with Tenant's business in the Antenna Area Premises; provided, however, that none of such installations of Communications Equipment may be visible at the ground level in the vicinity of the Building. Tenant's expense use of the Roof Space pursuant to this Section will be without charge to Tenant during the Lease Term.
(b) Tenant shall have access to the roof and Tenant's equipment relating to the Communications Equipment at all times throughout the Lease Term, such right to be limited to authorized engineers of Tenant or persons under Tenant's direct supervision and subject to appropriate governmental approval the Building Rules and Regulations. During normal business hours (for purposes hereof, between 8:00 a.m. and 5:00 p.m., Monday through Friday), Tenant must notify Building personnel of Tenant's need to gain access to the Building roof Building personnel must escort Tenant to the roof access. During requested after-hours access, Tenant's personnel must be accompanied by Building personnel and Tenant will be billed at a rate of $35.00 per hour for scheduled maintenance with a three (3) hour minimum for unscheduled call-backs.
(c) Tenant's Communications Equipment, and the associated wiring thereto, shall be installed in accordance with plans and specifications approved by Landlord by contractors selected and employed by Tenant. The installation, operation and maintenance of Tenant's Communications Equipment will in no way damage the Building, interfere with users already on or in the Premises, or interfere with Landlord's reasonable approval. Prior to installation maintenance of the antenna, Tenant shall submit to Landlord all plans, specifications and drawingsPremises. Tenant shall cause all of Tenant's communications from the roof of the Building and Tenant's Communications Equipment to comply with Legal Requirements. Landlord and its representatives agree to cooperate with Tenant in connection with obtaining satellite permits, licenses, zoning variances, special use permits or other authorizations necessary for Tenants use of the above-described satellite dishes, provided that such permits, licenses, variances or special use permits do not increase Landlord's obligations hereunder or thereunder, and Landlord shall not be responsible required to expend any money in connection therewith. Electrical power will be supplied by Landlord and paid for by Tenant. All work relating to the installation, Communications Equipment shall be coordinated with Landlord's roofing contractor so as not to adversely affect any warranties in respect of the roof. The maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work Communications Equipment shall be performed accomplished at Tenant's sole cost expense by Tenant or contractors selected and expense and in good and employed by Tenant.
(d) Landlord will not be liable for the failure of Tenant's Communications Equipment to work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions regardless of the buildings, which belong to and cause of such failure; nor shall Landlord be retained by Landlordliable for any interference with the reception of the antennas that may result from future construction in or around the Building. Landlord will cooperate with Tenant, at no cost not be liable for any failure of the Communications Equipment or the functionality thereof due to Landlord, regarding temporary interruptions of electricity and/or routine Building maintenance and repairs. Prior to allowing any other tenant to install equipment on the roof within a ten foot (10') radius from the center of Tenant's access to utilities and the connection of the utilities to the existing Communications Equipment
b) , Landlord agrees that to consult with Tenant and/or its contractor may run cables to ensure the functionality of Tenant's Communications Equipment is not diminished by such additional installation. Landlord reserves the right to require Tenant to relocate the Communications Equipment a maximum of two ("Cables"2) between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor times during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon provided there is adequate space on the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration roof of the LeaseBuilding which will not diminish the functionality of Tenant's Communications Equipment. To In the extent reasonably possible, event the relocation EXHIBIT 10.4 of the Communications Equipment is required to accommodate another tenant Landlord agrees to reimburse Tenant shall for the actual cost of such relocation and any repairs required at the original Roof Space to restore Landlord's affected facilities same to their its original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d(e) Tenant agrees that its indemnification of Landlord contained in Section 18 shall bear all expense also apply to the Roof Space and Communications Equipment. Furthermore Tenant agrees that the insurance requirements described in connection with Section 17 shall also apply to the installationRoof Space and Communications Equipment.
(f) Any Communications Equipment installed on the roof by Tenant and any connecting wiring to the Premises shall remain Tenant's property notwithstanding attachment to the Building, use and maintenance of such Equipment and Cablesmay be removed by Tenant at any time, and shall be solely responsible for all maintenance, repair and removed by Tenant at the conclusion of the Lease Term with Tenant restoring any damage caused to the Roof Space, or roof membrane as a result of elsewhere in or on the Building, which may have been caused by the installation or any access its removal. Transfers to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, Affiliates of ownership in and/or use and maintenance of the Communications Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at shall be governed by the Projectprovisions of Section 10.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease Agreement (Objectspace Inc)
Roof Rights. (a) Provided Tenant is not in default of any of its obligations hereunder, Tenant shall be granted have the conditional right (at no additional regularly-recurring charge) to install one and maintain: (1i) a satellite dish or antenna and related communications equipment and separately sub-metered supplemental HVAC equipment exclusively serving the Leased Premises (collectively, the “equipment”) on the roof of the Building in accordance with the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. terms of this Addendum Paragraph 6.
(b) Prior to installation of the antennainstalling any such equipment, Tenant shall submit detailed plans and specifications therefor (and with respect to the screening thereof, which shall be required by Landlord) to Landlord for its review. Said plans and specifications shall describe in detail the size, weight, color and configuration of the equipment and any associated equipment (including cabling or other conduits between the equipment itself and the Leased Premises), the proposed location of the same on the Building, the manner in which the same shall be installed and removed, and the name and license number of the competent Virginia licensed contractors who will perform such installation. All such plans shall be subject to Landlord’s prior written approval, the size and location of such equipment may be limited by Landlord in its sole and absolute discretion, and Landlord may request any reasonable additional changes to the plans and specifications, as Landlord, in its sole discretion, deems necessary to protect the structure and aesthetic appearance of the Building and/or Landlord’s ability to properly maintain and operate the Building. As a result, the design and installation of said equipment shall be subject to the design limitations of the Building and its structural, electrical and mechanical systems. No work may commence with respect to the installation of said equipment until: (i) Landlord has provided Tenant with Landlord’s prior written approval of final plans therefor, and (ii) Tenant has provided Landlord with written proof that Tenant has obtained all planslicenses, permits and approvals from applicable government authorities necessary for the installation and operation of said equipment.
(c) The installation, operation and maintenance of the equipment shall, at all times, comply with all applicable Loudoun County codes, Dulles Town Center Architectural Design Guidelines, as well as all present and future laws, ordinances (including zoning ordinances and land use requirements), regulations, orders or other legal requirements of the United States of America, the Commonwealth of Virginia, and any other public or quasi-public authority having jurisdiction over the Building and insurance requirements relating to or affecting the Leased Premises, the Building, the condition thereof, all machinery, equipment and furnishings therein incident to Tenant’s occupancy of the Building and its use thereof. The equipment shall be modified, removed or relocated (subject to Landlord’s prior written approval) from time to time by Tenant in order to ensure continued compliance with the foregoing requirements. Landlord’s approval of any plans and specifications shall in no way constitute a representation or warranty by Landlord that the same are in compliance with any of the foregoing requirements. The installation and drawingssubsequent maintenance of the equipment shall be subject to such reasonable regulations and restrictions as are imposed thereon by Landlord. In the event that the installation or maintenance of the equipment results in damage to the Building, or Landlord incurs any liability relating to or arising from the same, Tenant agrees: (i) to pay Landlord on demand the costs incurred by Landlord in repairing any such damage, and (ii) to indemnify Landlord against any such liability.
(d) Tenant shall pay all costs associated with the design, installation, maintenance, operation, relocation and removal of the equipment. Tenant shall be responsible reimburse Landlord, as additional rent, for any costs incurred by Landlord with respect to the equipment, including but not limited to: (i) any increased insurance premiums, (ii) any engineering or architectural fees related to reviewing the aforesaid plans and specifications, and (iii) any reasonable legal fees related to the review of the aforesaid requirements and Tenant’s compliance therewith. Tenant hereby indemnifies and holds Landlord harmless from and against any claims, liabilities, causes of action, losses, damages and costs incurred by Landlord as a result of the installation, operation, maintenance, relocation or removal of the equipment. Tenant covenants not to damage the roof or any other part of the Building in the course of installing, maintaining and removing the equipment. Except as expressly set forth in the approved plans therefor, no such installation, maintenance or removal of the equipment shall involve any penetration of the Building’s roof or exterior walls.
(e) Tenant covenants that the installation, maintenance, operation, relocation and removal of the equipment shall in no way materially interfere with Landlord’s operation of the Building’s systems or with other tenant’s use of their premises or operation of their equipment. In the event of any such interference, the equipment shall be modified, removed or relocated (subject to Landlord’s prior written approval) from time to time by Tenant. Landlord shall have the right to require Tenant to temporarily relocate the equipment in order to allow Landlord to complete repairs, maintenance or modification of the Building. In exercising its rights set forth in the immediately preceding sentence, Landlord will use reasonable efforts to minimize any interference with Tenant’s use of the equipment.
(f) Tenant shall use any such communications equipment for internal corporate purposes only. No equipment which Tenant is permitted to install on the roof of the Building in accordance with the terms of this Addendum Paragraph 6 shall be utilized by anyone other than Tenant or in any manner as a source of revenue to Tenant.
(g) The maintenance and operation and liability of the antenna.
a) Landlord agrees equipment shall be at Tenant’s sole risk, and any damage to the equipment will in no way operate to affect Tenant’s obligations under this Lease. Similarly, any condemnation or other governmental action which affects Tenant’s ability to maintain and operate the equipment shall in no way affect Tenant’s obligations under this Lease, except as set forth below. In the event that during any applicable government authority or other legal requirement prevents Tenant from operating or maintaining the Term (as defined in Section 3 below)equipment, Tenant may install, use and have maintained shall promptly remove the same. The rights of Tenant set forth in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights this Addendum Paragraph 6 are personal to the Equipment as it has named Tenant herein and may not be assigned, sublet or claims otherwise transferred to have, exclusive any third person or entity (and any assignee of space in and structural portions Tenant expressly permitted pursuant to the terms of Section 10(i) of the buildings, which belong Lease). Prior to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possibleLease Term, Tenant shall remove the equipment from the Building and restore Landlord's affected facilities the same to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused its condition prior to the Roof or roof membrane as installation thereof. Tenant’s failure to so remove the same shall constitute an Event of Default under this Lease and a result of holdover by Tenant in the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the ProjectLeased Premises.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Deed of Lease (Trex Co Inc)
Roof Rights. Landlord hereby grants to Tenant shall be granted an exclusive license (the right “License”) to install one install, maintain and operate on the roof of the Building antenna or satellite dish equipment (1the “Antenna Equipment”) antenna and supplemental HVAC equipment (“Supplemental HVAC Equipment”) in the Antenna Area at Tenant's expense accordance with and subject to appropriate governmental approval the terms and Landlord's reasonable approvalconditions set forth below. Prior The Antenna Equipment and Supplemental HVAC Equipment is collectively referred to installation herein as the “Rooftop Equipment”). The Rooftop Equipment, or applicable part thereof, shall be installed at a location(s) designated by Landlord and reasonably acceptable to Tenant (such location(s) as the same may be expanded from time to time, being the “Licensed Area”). The Licensed Area shall be considered to be a part of the antennaPremises for all purposes under the Lease (except for purposes of calculating Tenant’s percentage share, and for calculating monthly Base Rent or for any other charges based on square footage of the Premises), and except as otherwise expressly provided in this Paragraph all provisions applicable to the use of the Premises under the Lease shall apply to the Licensed Area and its use by Tenant.
(i) The term of the License shall be coterminous with the Lease Term, as it may be extended or renewed;
(ii) Tenant shall submit not be obligated to Landlord all planspay any license fee for the use of the Licensed Area pursuant to this Paragraph 43 during the Lease Term, specifications and drawings. as the same may be extended or renewed.
(iii) Tenant shall be responsible use the Licensed Area only for the installation, operation, repair, replacement and maintenance and operation and liability of the antenna.
a) Rooftop Equipment, or applicable part thereof, and the necessary mechanical and electrical equipment to service said Rooftop Equipment, and for no other use or purpose. The installation of the Rooftop Equipment, or applicable part thereof, and all equipment and facilities related thereto, including any required screening for the Rooftop Equipment and any required conduit from the Premises to the applicable Rooftop Equipment, shall be deemed to constitute an Alteration subject to the provisions of Paragraph 13 of this Lease, provided that Landlord agrees that during shall not unreasonably withhold, condition or delay its approval of the Term (same. Landlord may require appropriate screening for the Rooftop Equipment as defined a condition of Landlord’s approval of the installation of the Rooftop Equipment, or applicable part thereof, in Section 3 below)a particular location. The Rooftop Equipment shall not be visible from North First Street, the Parcel A parking area or Highway 237. Tenant may have access to the Licensed Area for such uses at all times upon reasonable prior notice to Landlord and shall reimburse Landlord for any reasonable out-of-pocket expenses incurred by Landlord in connection therewith. Subject to Landlord’s approval of plans therefor, Tenant may installshall have the right to use chasers, use risers and have maintained conduits in the Antenna Area, equipment ("Equipment") as specifically described Building in documentation delivered such locations shown on plans submitted by Tenant to Landlord in connection with and approved by Landlord;
(iv) Attached hereto as Exhibit L is a cut sheet of a satellite dish and the initial approval processdimensions, design and appearance of such satellite dish illustrated on such Exhibit L is acceptable to Landlord, subject to all the other terms of this Paragraph 43 applicable to the Antenna Equipment and/or Rooftop Equipment. All of Tenant's construction and installation work The Antenna Equipment shall be performed used only for transmitting and/or receiving data, audio and/or video signals to and from Tenant’s facilities within the Premises for Tenant’s use, and shall not be used or permitted to be used by Tenant for purposes of broadcasting signals to the public or to provide telecommunications or other communications transmitting or receiving services to any third parties;
(v) The installation of the Rooftop Equipment, or any part thereof, or manner in which it shall be installed by Tenant, shall not cause any roof warranty issued to Landlord to be void or rendered ineffective;
(vi) Tenant shall require its employees, when using the Licensed Area, to stay within the immediate vicinity thereof. In addition, in the event any communications system or broadcast or receiving facilities are operating in the area, Tenant shall at all times during the term of the License exercise commercially reasonable efforts to conduct its operations so as to ensure that such system or facilities shall not be subjected to harmful interference as a result of such operations by Tenant's sole cost and expense and .
(vii) During the term of the License, Tenant shall comply with any standards promulgated by applicable governmental authorities or otherwise reasonably established by Landlord regarding the generation of electromagnetic fields. Should Landlord determine in good and work-manlike mannerfaith at any time that the Antenna Equipment poses a health or safety hazard to occupants of the Building or Project, or applicable part thereof, Landlord may require Tenant to make arrangements satisfactory to Landlord to mitigate such hazard or, if Tenant either fails or is unable to make such satisfactory arrangements, to remove the Antenna Equipment. Any claim or liability resulting from the use of the Antenna Equipment, the Supplemental HVAC Equipment or the Licensed Area shall be subject to the indemnification provisions of this Lease applicable to Tenant’s use of the Premises;
(viii) During the term of the License, Tenant shall have and retain whatever title and rights pay all taxes attributable to the Antenna Equipment, Supplemental HVAC Equipment and other equipment owned and installed by Tenant, and Tenant shall assure and provide Landlord with reasonable evidence that the Licensed Area and Tenant’s use thereof are subject to the insurance coverages otherwise required to be maintained by Tenant as it has to the Premises pursuant to Paragraph 8.2 above;
(ix) Upon the expiration or claims sooner termination of the Lease, Tenant shall remove the Antenna Equipment (and Supplemental HVAC Equipment if designated for removal by Landlord) and all related equipment and facilities, including any conduit from the Premises to havethe Antenna Equipment (and conduit to the Supplemental HVAC Equipment if designated for removal by Landlord), exclusive of space in from the Licensed Area and structural any other portions of the buildingsBuilding within or upon which the same may be installed, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and restore the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Licensed Area and Premisesall other areas affected by such removal to their original condition, only in locations specifically approved by Landlord in writingreasonable wear and tear, which approval shall not be unreasonably delayed or withheld.
c) The Equipment casualty, condemnation and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shallLandlord’s maintenance, repair, replacement and restoration obligations excepted, all at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualtyexpense.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease Agreement (Rambus Inc)
Roof Rights. Tenant So long as it (i) does not impact Landlord’s roof warranty and (ii) complies with all applicable laws, rules and regulations, Tenant, at Tenant’s sole cost and expense, shall have access to the roof of the Building in designated areas mutually agreed upon for the purpose of installation of microwave satellite, antenna and other communications devices or supplemental HVAC units (the “Roof Equipment”). Notwithstanding the foregoing, all such Roof Equipment shall be granted for the right sole benefit of Tenant, shall relate specifically to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation ’s use of the antennaPremises, Tenant and shall submit to Landlord all plansnet be used as a switching station, specifications and drawingsamplification station or by other tenants or third parties. Tenant shall be responsible make a request for approval of the Roof Equipment hereunder by submission of specific plans and specifications for the installation, maintenance and operation and liability work to be performed by Tenant. Landlord shall respond in writing within five (5) business days from receipt of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below)same, advising Tenant may install, use of approved contractors and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural those portions of the buildings, which belong to work that are acceptable and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection disapproving those portions of the utilities work that are, in Landlord’s judgment, reasonably exercised, unacceptable and with respect to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between plans, specifying in detail the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property nature of Tenant or its contractor during the TermLandlord’s objection. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenancedamages caused by its Roof Equipment, repair for the removal of all Roof Equipment and damage caused the restoration of the roof upon the expiration or early termination of this Lease unless directed in writing by Landlord otherwise. Landlord shall be named as an additional insured on all Tenant insurance relating to the Roof or roof membrane as a result Equipment. All installation, repair, replacement and modification of the installation or any access to the antenna. Tenant Roof Equipment shall indemnifybe coordinated with Landlord, defend, protect shall only use those approved contractors and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain be in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection accordance with the installation, use Rules and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insuranceRegulations set forth herein.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Full Service Lease (Medquist Inc)
Roof Rights. Provided that there is space available on the roof of the Building, Tenant, at its sole cost and expense, shall have the non-exclusive right (it being understood that Landlord may grant, extend or renew similar rights to others) to install, maintain, and from time to time replace a satellite dish and/or other communications equipment (collectively, the “Equipment”) on the roof of the Building, provided that prior to commencing any installation or maintenance, Tenant shall obtain Landlord’s prior approval of the proposed plans and specifications for the Equipment and any related cabling including, without limitation, the size, weight and location of the Equipment and method for fastening the Equipment to the roof, which approval may be granted withheld in Landlord’s sole discretion. Tenant’s installation and/or replacement of the Equipment shall comply strictly with all Laws and the conditions of any bond or warranty maintained by Landlord on the roof. Tenant’s use of the Equipment shall be solely for its internal use and Tenant shall not grant any right to install one use of the Equipment to any other party (1) antenna in the Antenna Area including, without limitation, any subtenant or assignee). Tenant, at Tenant's expense ’s sole cost and subject expense, shall obtain any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to appropriate governmental approval and Landlord's reasonable approval. Prior Landlord may supervise or perform any roof penetration related to the installation of the antennaEquipment, and Landlord may charge the cost thereof to Tenant. Tenant agrees that all installation, construction and maintenance shall submit be performed in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements as shall be imposed by Landlord. Tenant further agrees to Landlord all planslabel each cable or wire placed by Tenant in the telecommunications pathways of the Building, specifications and drawingswith identification information as required by Landlord. Tenant shall be responsible for repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Equipment. The Equipment shall remain the property of Tenant, and Tenant may remove the Equipment at its cost at any time during the Term. Tenant shall remove the Equipment and any associated cabling at Tenant’s cost and expense upon the expiration or termination of this Lease and restore the roof to the condition it was in prior to the installation. Tenant agrees that the Equipment, and any wires, cables or connections relating thereto, and the installation, maintenance and operation and liability thereof shall in no way interfere with the operation of communications (including, without limitation, other satellite dishes) by Landlord or by other tenants or occupants of the antenna.
aProject. If such interference shall occur, Landlord shall give Tenant written notice thereof and Tenant shall correct the same within twenty-four (24) hours of receipt of such notice. Landlord agrees makes no warranty or representation that during the Term (as defined in Section 3 below)Building or any portions thereof are suitable for the use of the Equipment, it being assumed that Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike mannerhas satisfied itself thereof. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnifyprotect, defend, protect indemnify and hold harmless Landlord harmless from and against liabilityclaims, damages, liabilities, costs and expensesexpenses of every kind and nature, including reasonable attorneys' fees ’ fees, incurred by or suffered by asserted against Landlord directly caused by arising out of Tenant's ’s installation, maintenance, replacement, use and maintenance or removal of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the ProjectEquipment.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. Tenant shall be granted the right to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antennashall, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below)of this Lease, Tenant may installbe entitled to erect, use install and have maintained in the Antenna Area, maintain a satellite dish and/or antenna or other rooftop equipment ("Equipment"including equipment related to supplemental HVAC units) as specifically described in documentation delivered by Tenant reasonably acceptable to Landlord in connection with (“Tenant’s Rooftop Equipment”) at location(s) to be designated by Landlord, subject to the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. following conditions:
(a) Tenant shall have provide, install and retain whatever title and rights to the maintain Tenant’s Rooftop Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense.
(b) Tenant shall, before erecting or installing any of Tenant’s Rooftop Equipment, submit to Landlord for Landlord’s review and approval plans and specifications for installing such Tenant’s Rooftop Equipment.
(c) Neither the installation nor the removal of Tenant’s Rooftop Equipment shall affect any warranty then in place relating to the roof of the Building. If required by Landlord, Tenant shall use Landlord’s designated roofing contractor to install and/or remove Tenant’s Rooftop Equipment.
(d) The installation and/or erection of Tenant’s Rooftop Equipment shall be performed in a good and workmanlike manner and in accordance with any reasonable directions of Landlord relating thereto.
(e) Tenant shall obtain at its expense within fourteen all necessary permits and approvals that may be required from any Governmental Authority having jurisdiction with respect to the installation, erection and/or maintenance of Tenant’s Rooftop Equipment.
(14f) daysTenant’s Rooftop Equipment shall be deemed an Alteration, remove and Tenant shall comply with the requirements of this Lease relating to the construction or have removed such installation of Alterations by Tenant.
(g) In installing and/or erecting Tenant’s Rooftop Equipment, Tenant shall not unreasonably interfere with Landlord’s operation of the Building or the rights of any other tenants of the Building.
(h) Tenant shall cause Tenant’s Rooftop Equipment and Cables upon the earlier electromagnetic energy, if any, emitted therefrom to comply with all applicable legal requirements, including but not limited to regulations promulgated by the Federal Communications Commission (the “FCC”). Prior to installing Tenant’s Rooftop Equipment, Tenant shall deliver to Landlord (and to any party designated by Landlord) an evaluation of the radio frequency energy emissions, demonstrating that the Building, following installation of Tenant’s Rooftop Equipment, will comply with the radio frequency exposure limits (1“RF Exposure Limits”) promulgated by the FCC under 47 C.F.R. Section 1.1307, et seq., as amended (the “RF Emissions Regulations”). Tenant shall operate Tenant’s Rooftop Equipment in compliance with the RF Emissions Regulations. If, due to the installation, operation or maintenance of Tenant’s Rooftop Equipment, the Building fails to comply with the RF Exposure Limits, then Tenant shall take commercially reasonable steps to bring the Building into compliance, including but not limited to the preparation and filing of any required Environmental Assessments (“EAs”) and modifications of Tenant’s Rooftop Equipment; provided, that if compliance cannot be established within thirty (30) days after Tenant’s receipt of notice of noncompliance, or if Tenant cannot provide solutions acceptable to other parties then creating RF Emissions at the Building, then (a) if Tenant has not yet installed Tenant’s Rooftop Equipment, Tenant shall not be entitled to install and operate Tenant’s Rooftop Equipment, or (b) if Tenant has installed Tenant’s Rooftop Equipment, Tenant shall immediately cease operating Tenant’s Rooftop Equipment until an acceptable solution is found. In the event of Tenant’s violation of this subparagraph (viii), Landlord shall be entitled to immediate and continuing injunctive relief to eliminate such violation, in addition to any other remedies available at law or in equity.
(i) Tenant shall remove Tenant’s Rooftop Equipment and all wiring or other equipment related thereto from the Building in a good and workmanlike manner at the expiration or sooner termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant and shall restore Landlord's affected facilities any portion of the Building damaged in connection with such removal to their original condition, including repainting the condition it was in prior to the erection or touch-up, excepting ordinary wear and tear, installation of Tenant’s Rooftop Equipment and/or damage or destruction due to fire said wiring or other casualtyequipment.
d(j) Tenant shall bear all expense indemnify, defend and hold harmless Landlord and Landlord’s agents and employees with respect to any liability (including but not limited to liability for personal injury or death) that may arise in connection with the installation, use and erection, maintenance or operation of such Tenant’s Rooftop Equipment.
(k) If any transmissions to or from Tenant’s Rooftop Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof interfere with transmissions sent or roof membrane as a result received by satellite dishes or antennae of other tenants of the Building or any other building located on the Land in existence prior to Tenant’s installation or any access erection of Tenant’s Rooftop Equipment, Tenant will take all measures reasonably necessary to the antennaeliminate such interference. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including will also take reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance measures to cause other tenants of the Equipment and Cables, including without limitation, injury and death Complex to persons, damage to property and interference modify any such equipment installed after the date of this Lease which interferes with other tenants and licensee's rights who are sharing roof-top facilities at the ProjectTenant’s transmissions.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Lease Agreement (Insmed Inc)
Roof Rights. Tenant So long as it (i) does not impact Landlord’s roof warranty and (ii) complies with all applicable laws, rules and regulations, Tenant, at Tenant’s sole cost and expense, shall have access to the roof of the Building in designated areas mutually agreed upon for the purpose of installation of microwave satellite, antenna and other communications devices or supplemental HVAC units (the “Roof Equipment”). Notwithstanding the foregoing, all such Roof Equipment shall be granted for the right to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval sole benefit of Tenant and Landlord's reasonable approval. Prior , shall relate specifically to installation Tenant’s use of the antennaPremises, Tenant and shall submit to Landlord all plansnot be used as a switching station, specifications and drawingsamplification station or by other tenants or third parties. Tenant shall be responsible make a request for approval of the Roof Equipment hereunder by submission of specific plans and specifications for the installation, maintenance and operation and liability work to be performed by Tenant. Landlord shall respond in writing within fifteen (15) business days from receipt of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below)same, advising Tenant may install, use of approved contractors and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural those portions of the buildings, which belong to work that are acceptable and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection disapproving those portions of the utilities work that are, in Landlord’s judgment, reasonably exercised,unacceptable and with respect to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between plans, specifying in detail the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property nature of Tenant or its contractor during the TermLandlord’s objection. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenancedamages caused by its Roof Equipment, repair for the removal of all Roof Equipment and damage caused the restoration of the roof upon the expiration or early termination of this Lease unless directed in writing by Landlord otherwise. Landlord shall be named as an additional insured on all Tenant insurance relating to the Roof or roof membrane as a result Equipment. All installation, repair, replacement and modification of the installation or any access to the antenna. Tenant Roof Equipment shall indemnifybe coordinated with Landlord, defend, protect shall only use those approved contractors and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain be in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection accordance with the installation, use Rules and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insuranceRegulations set forth herein.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Samples: Triple Net Lease (Qad Inc)
Roof Rights. (a) Subject to the provisions of Article 8 of this Lease, Landlord shall not unreasonably withhold its consent to the installation by Tenant of one or more communications antennae, microwave or satellite dishes, together with related equipment, mountings, and supports (collectively, “Telecommunications Equipment”), on the roof of the Building in an area to be identified by Landlord. Subject to availability as determined by Landlord in good faith (taking into consideration the need to allocate or reserve space for other tenants in the Building), Landlord shall be granted provide Tenant with space on the roof of the Building upon receipt of Tenant’s written request to install Tenant’s Telecommunication Equipment (but in no event shall the aggregate amount of such space exceed at any point in time ten (10) square feet), subject to the terms of this Section, and Landlord reserves the right to install one charge Tenant a market rate fee in connection therewith. Tenant acknowledges and agrees that any use of the roof space by Tenant for the installation and operation of Tenant’s Telecommunications Equipment shall be on a non-exclusive basis, except as to that portion of the roof space provided by Landlord to Tenant as aforesaid. Tenant may use the roof space and Telecommunications Equipment solely for Tenant’s own use (1) antenna and not for resale purposes), provided, however, that as long as Tenant has exercised its rights hereunder and actually installed Telecommunications Equipment on the roof of the Building, nothing in this Lease shall be construed to prohibit the Antenna Area at transfer of Tenant's expense ’s rights with respect to any such Telecommunications Equipment to any permitted sublessee or assignee of this Lease. The height, diameter, design and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant satellite dishes or other Telecommunications Equipment shall be responsible subject to Landlord’s approval, which shall not be unreasonably withheld or delayed. In connection therewith, Landlord shall make available to Tenant reasonable adjacent space for access to the roof space for the construction, installation, maintenance and maintenance, service, repair, operation and liability use of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Tenant’s Telecommunications Equipment") as specifically described in documentation delivered by Tenant to Landlord . All work in connection with the initial approval process. All installation of Tenant's construction ’s Telecommunications Equipment, including core drilling and installation work reinforcing the roof of the Building, if required, shall be performed at Tenant's ’s sole cost and expense, including the cost of a fire watch and related supervisory costs relating to any core drilling, which shall be performed in such a manner and at such times as Landlord shall reasonably prescribe. References in this Section to the Telecommunications Equipment shall be deemed to include such riser and the electrical and telecommunication conduits therein.
(b) Tenant shall use and maintain Tenant’s Telecommunications Equipment so as not to cause any damage to or interference with (i) the operation of the Building or Building systems or (ii) any Telecommunications Equipment installed on the roof space by licensees, occupants and other tenants in the Building. The installation of any Telecommunications Equipment shall constitute a Specialty Alteration and shall be performed at Tenant’s sole cost and expense (including any costs and expenses in good connection with reinforcing the roof of the Building, if required) in accordance with and work-manlike mannersubject to the provisions of Article 8. All of the provisions of this Lease shall apply to the installation, use and maintenance of Tenant’s Telecommunications Equipment, including all provisions relating to compliance with legal requirements (including all FCC rules and regulations), insurance, indemnity, repairs and maintenance. The roof space and Telecommunications Equipment shall not be used or occupied by others, and the license granted by this Section shall be personal to Original Tenant and shall not be transferred, assigned, sublicensed or exercised by any other party; provided, however, that as long as Tenant has exercised its rights hereunder and actually installed Telecommunications Equipment on the roof of the Building, nothing in this Lease shall be construed to prohibit the transfer of Tenant’s rights with respect to any such Telecommunications Equipment to any permitted sublessee or assignee of this Lease. Tenant’s Telecommunications Equipment shall be treated for all purposes of this Lease as Tenant’s Property.
(c) If any of Tenant’s Telecommunications Equipment interferes with or disturbs Landlord’s use of the roof, including the use by Landlord or other tenants, licensees or occupants of the Building of their Telecommunications Equipment, or the operation of the Building or the Building Systems, then following demand by Landlord, Tenant shall have and retain whatever title and rights to the Equipment as it has promptly relocate all or claims to have, exclusive of space in and structural portions a portion of the buildings, which belong Telecommunications Equipment to and shall be retained another area on the roof designated by Landlord. Such relocation shall be at Tenant’s sole cost and expense. If Landlord shall determine, in its reasonable judgment, that any Tenant’s Telecommunications Equipment (i) will cooperate cause a health hazard or danger to property, (ii) will not be in accordance with applicable legal requirements, or (iii) interferes with or disturbs Landlord’s use of the roof, including the use by Landlord or other tenants or occupants of the Building of data transmission equipment thereon installed prior to the installation of Tenant’s Telecommunications Equipment, or the operation of the Building or the Building Systems, then, if Tenant is unable to promptly cause such Telecommunications Equipment to comply with such legal requirements, xxxxx such health hazard, danger to property or interference, Tenant, at no its sole cost and expense, shall remove such Telecommunications Equipment from the roof of the Building and, Tenant may, at Tenant’s option, but subject to Landlord’s approval as provided in (a) above, regarding replace such Telecommunications Equipment with Telecommunications Equipment which complies with such legal requirements and/or does not cause such health hazard, danger to property or interference. Notwithstanding the foregoing, Landlord may at its option, at any time during the Term after reasonable prior notice to Tenant (except in the event of an emergency) require Tenant's access , using Landlord’s roofing contractor and any other contractors reasonably required by Landlord, to utilities relocate Tenant’s Telecommunications Equipment to another area on the roof designated by Landlord, at Landlord’s sole cost and expense.
(d) If during the connection Term of this Lease, after having exercised its rights hereunder and actually installed Telecommunications Equipment on the roof of the utilities Building, Tenant shall cease to use any Tenant’s Telecommunications Equipment located on the Equipment
broof of the Building for a period of time in excess of one (1) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premisesyear, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) daysexpense, remove such Telecommunications Equipment from the roof of the Building within sixty (60) days after receipt of notice from Landlord to so remove such Telecommunications Equipment, and Tenant shall have no further rights under this Section.
(e) Other than as set forth in this Section, Landlord shall not have any obligations with respect to Tenant’s Telecommunications Equipment or have removed such Equipment and Cables upon compliance with any legal requirements (including the earlier obtaining of (1) the expiration any required permits or termination of this Agreementlicenses, or the maintenance thereof) relating thereto. Landlord makes no representation that Tenant’s Telecommunications Equipment will be permitted by legal requirements or be able to receive or transmit communication signals without interference or disturbance (ii) the expiration whether or not by reason of the Lease. To installation or use of similar equipment by others on the extent reasonably possible, roof) and Tenant agrees that Landlord shall restore Landlord's affected facilities not be liable to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualtyTenant therefor.
d(f) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall (i) be solely responsible for all maintenance, repair and any damage caused to the Roof or roof membrane as a result of the installation use of Tenant’s Telecommunications Equipment, (ii) promptly pay any tax, license, permit or other fees or charges imposed pursuant to any access legal requirements or insurance requirements relating to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, maintenance or use of such Telecommunications Equipment, (iii) promptly comply with all precautions and maintenance of the Equipment safeguards reasonably required by Landlord’s insurance company and Cablesall governmental authorities, and (iv) perform all necessary repairs or replacements to, or maintenance of, such Telecommunications Equipment, provided, however, that if Tenant’s failure to so repair, replace or maintain such Telecommunications Equipment jeopardizes the property of Landlord or any other tenant located on the roof or within the Building, Landlord may, at Landlord’s option and after ten (10) days’ notice to Tenant (except in an emergency), elect to perform such repairs, replacements or maintenance at Tenant’s sole cost and expense.
(g) Tenant acknowledges and agrees that the privileges granted Tenant under this Section shall supply not, now or at any time after the installation of Tenant’s Telecommunications Equipment, be deemed to grant Tenant a leasehold or other real property interest in the Building or any portion thereof, including the Building’s roof. The license granted to Tenant in this Section shall automatically terminate and expire upon the expiration or earlier termination of this Lease (including extensions or renewals) and the termination of such license shall be self-operative and no further instrument shall be required to effect such termination. Notwithstanding the foregoing, upon request by Landlord, Tenant, at Tenant’s reasonable expense, shall promptly execute and deliver to Landlord, upon Landlord's written requestin recordable form, any certificate or other document reasonably required by Landlord confirming the appropriate certificates termination of such insuranceTenant’s right to use the roof of the Building.
f(h) Tenant Tenant, at Tenant’s sole cost and its contractors expense, shall comply with all applicable lawspaint and maintain Tenant’s Telecommunications Equipment in white or such other color as Landlord shall determine and shall install such lightning rods, regulations and building codes air terminals or screening on or about Tenant’s Telecommunications Equipment as Landlord may reasonably require. EXECUTED in connection with one or more counterparts by persons or officers hereunto duly authorized on the installationDate set forth in Section 1.2 above. LANDLORD: BP 000 XXXXXXXXX XXXXXX LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Vice President TENANT: RAMIUS CAPITAL GROUP, use and maintenance LLC By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: General Counsel THIS FIRST AMENDMENT TO LEASE dated as of the Equipment 9th day of June, 2008 (this “First Amendment”) by and Cablesbetween BP 000 XXXXXXXXX XXXXXX LLC, a Delaware limited liability company, having an address c/o Boston Properties, Inc., 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, as Landlord (“Landlord”), and RAMIUS LLC f/k/a RAMIUS CAPITAL GROUP, LLC, a Delaware limited liability company, having an address at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, as Tenant (“Tenant”).
Appears in 1 contract
Samples: Lease Agreement (Cowen Group, Inc.)
Roof Rights. Subject to the terms and conditions set forth in this Section 42, and Tenant’s receipt of all necessary governmental approvals, Tenant shall be granted have the non-exclusive right to install one (1) antenna in and operate a satellite dish on the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation roof of the antennaBuilding, and related cabling within the Building risers (collectively, “Tenant’s Equipment”), at no charge to Tenant shall submit to Landlord all plansfor the use of the roof and the risers, specifications and drawingsfor the purpose of transmitting and/or receiving microwave or radio signals, in a manner consistent with Tenant’s business. Tenant shall shall, however, be responsible for all costs associated with the installation, maintenance and operation and liability repair of the antenna.
a) Landlord agrees that during the Term (Tenant’s Equipment as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") well as specifically described in documentation delivered by Tenant to Landlord in connection any utility costs associated with the initial approval process. All operation of Tenant's construction ’s Equipment. The number, size, location and installation work method of installing or affixing Tenant’s Equipment on the roof shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights subject to the Equipment as it has or claims to have, exclusive prior approval of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably withheld, delayed or withheld.
cconditioned so long as Tenant’s Equipment can be installed and operated on the roof of the Building without damaging the Building structure and without interfering with the transmissions of any other equipment installed on the roof of the Building, 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) The to the 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 Cables restrictions for original installation of Tenant’s Equipment as set forth herein, and shall remain be subject to Landlord’s prior approval. For any transmitting device, the property of Tenant or its contractor during shall submit data to the TermLandlord detailing necessary safety precautions that will be used on the installation, including BMF output, in keeping with accepted operating and safety standards. Tenant shallshall not be permitted to assign or sublet the Tenant’s Equipment installation and operation rights to any other party; provided, at its sole cost and expense within fourteen (14) dayshowever, remove or have removed such 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 and Cables shall expire upon the earlier of (1) the expiration or sooner termination of this AgreementLease, 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 the installation, operation or removal of Tenant’s Equipment. Landlord reserves the right to install any other equipment or allow other tenants or licensees to install, maintain and operate other equipment on the roof and in the Building provided that the same do not interfere with the operation of Tenant’s Equipment. Landlord shall have the right to do maintenance, repairs and remodeling to the Building and roof space at any time without Tenant’s prior approval. 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 give the Landlord reasonable notice prior to accessing the 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 Tenant’s Equipment, 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 expiration manner in which the cabling will be run through the Building; (iii) the communications closets, if any, which will be utilized in installing and maintaining such cabling; (iv) the amount of cable which will be required to be utilized; and (v) the Leasetype of cable which will be utilized. To 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 extent reasonably possibleLandlord. Additionally, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear agrees that all expense in connection with the installation, use and maintenance of such Equipment and Cables, and cable shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written requestshielded cable, the appropriate certificates of such insurance.
f) Tenant and its contractors cable coating shall comply with all applicable lawsfire codes, regulations and building codes in connection 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 set 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, nor interfere with the installation, use and maintenance of the Equipment and Cablesany other tenants’ businesses when installing or maintaining such cables.
Appears in 1 contract
Samples: Lease (Vocera Communications, Inc.)
Roof Rights. To the extent legally permitted, Tenant shall have ------------- ----------- a non-exclusive license (which shall not be granted the right assignable except in conjunction with an assignment of this Lease) to install one (1) antenna in the Antenna Area at Tenant's expense communications equipment and supplementary HVAC equipment (the "Roof Equipment") on the roof of the Building, in locations acceptable to Landlord, subject to appropriate governmental approval and Landlord's reasonable approvalprior approval of the size and type of such equipment. Prior Tenant shall perform the installation in a manner acceptable to Landlord. The installation of the antennaRoof Equipment shall be completed in a workmanlike manner, Tenant shall submit to Landlord in accordance with all plansapplicable laws and regulations, specifications in a manner which does not adversely affect the roof warranty, and drawingsin compliance with all roof and floor load limitations. Tenant shall be required to screen the Roof Equipment, at Tenant's expense, in a manner acceptable to Landlord, unless otherwise agreed to in writing by Landlord. Except as otherwise agreed to in writing by Landlord, the amount of space taken by Tenant's Roof Equipment shall not exceed Tenant's Pro Rata Share of roof space available for the installation of such equipment. Tenant shall be solely responsible for obtaining any permits or licenses necessary to install the installation, maintenance Roof Equipment. Tenant shall be solely responsible for paying all costs and operation and liability expenses related to the installation of the antenna.
a) Roof Equipment, and shall indemnify Landlord agrees that during for any costs which Landlord might incur due to Tenant's installation of the Term (as defined in Section 3 below)Roof Equipment. Tenant shall cause its general liability and casualty policies to cover the Roof Equipment. Upon the expiration or termination of this Lease, Tenant may installshall, use and have maintained unless otherwise expressly directed in writing by Landlord, remove the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed Roof Equipment at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cablesexpense, and shall be solely responsible for all maintenance, restore the integrity of the roof and repair and (in a manner acceptable to Landlord) any damage caused to the Project caused by the removal of the Roof Equipment; and, if Tenant fails to remove the same, then the Roof Equipment shall be deemed abandoned, and Landlord may cause the same to be removed, and the Project to be repaired, at Tenant's expense, which expense shall be considered Additional Rent. If the real estate taxes or roof membrane insurance premiums for the Buildings are increased as a result of the installation or any access to of the antenna. Roof Equipment, then Tenant shall indemnifypay its share of any such increase directly attributable to such installation upon receipt of adequate documentation. Notwithstanding the terms of this Section 12.06, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of makes no representations as to whether any such Roof Equipment is presently permitted under the Equipment and Cables, including without limitation, injury and death current zoning ordinance to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at which the ProjectProject is subject.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
Appears in 1 contract
Roof Rights. (a) All references to the "roof" in this Lease shall be deemed to refer solely to the roof of the Building and shall exclude any roof on any other building or premises. Tenant hereby acknowledges that the roof is being delivered to Tenant in connection with this Lease in its "as-is", "wear-is" condition and that the Landlord is making no representations or warranties, either expressed or implied, whatsoever in connection with said roof. At such time as the roof of the Premises requires replacement, as determined by Tenant in its commercially reasonable judgment in consultation with Landlord, Tenant shall replace the existing roof of the Premises without any liability on Landlord's part therefor except as set forth in this Section 37(a). The Tenant shall be granted required to pay the right to install one (1) antenna in cost for the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation replacement of the antennaroof; provided, Tenant shall submit to Landlord all planshowever, specifications and drawings. Tenant shall be responsible for that upon the installation, maintenance and operation and liability completion of the antenna.
a) Landlord agrees that during replacement of the Term (as defined in Section 3 below), Tenant may install, use roof and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered furnishing of evidence by Tenant to Landlord that said roof has been replaced in connection accordance with the initial approval processterms of this Section 37
(a) by a licensed roofing contractor, Landlord shall pay to Tenant the lesser of (i) the sum of One Hundred and Fifty Thousand Dollars ($150,000.00), or (ii) the cost of Tenant for the replacement of said roof. All of Tenant's construction and installation work in connection with said roof shall be performed done in compliance with all appropriate zoning and building code statutes, laws, rules, regulations and ordinances and Tenant shall be responsible, at its own cost and expense, for the procurement of any and all permits and certificates of occupancy in connection therewith. Landlord shall have the right to approve the Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions choice of the buildings, which belong to and shall be retained roofing contractor selected by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably withheld or delayed by Landlord. Tenant shall be responsible for all maintenance, repairs and replacement of the roof during the Term and any Renewal Term of this Lease and, to the extent an assignment is permitted, shall be assigned all warranties and guarantees, if any, held by Landlord with respect thereto for enforcement thereof by Tenant. In the event that said warranties or withheldguaranties cannot be assigned, Landlord, upon Tenant's request, shall take reasonable steps to enforce said warranties or guaranties.
c(b) The Equipment So long as it (i) does not impact Landlord's roof warranty, if any, and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall(ii) complies with all applicable laws, rules and regulations, Tenant, at its sole cost and expense within fourteen (14) daysbut without additional charge hereunder other than utility fees which may be imposed for actual usage, remove or shall have removed such Equipment and Cables upon access to the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration roof of the Lease. To Building in designated areas mutually agreed upon for the extent reasonably possiblepurpose of installation of microwave satellite, antenna and other communications devices or supplemental HVAC units and venting units (collectively, the "Roof Equipment") and with respect to telecommunications installations, Tenant shall restore use its best efforts to utilize US Realtel to provide such services, or such other contractor as may be acceptable to Landlord, upon its prior written consent and approval, which consent shall not be reasonably withheld or delayed. Notwithstanding the foregoing, all such Roof Equipment shall be for the sole benefit of Tenant and Landlord, shall relate specifically to Tenant's use of the Premises, and shall not be used as a switching station, amplification station or by other tenants or third parties. Tenant shall make a request for approval of the Roof Equipment hereunder by submission of specific plans and specifications for the work to be performed by Tenant. Landlord shall respond in writing within fifteen (15) business days from receipt of the same, advising Tenant of approved contractors and those portions of the work that are acceptable and disapproving those portions of the work that are, in Landlord's affected facilities judgment, reasonably exercised, unacceptable and with respect to their original conditionthe plans, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) specifying in detail the nature of Landlord's objection. Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for the removal of all maintenanceRoof Equipment and the restoration of the roof upon the expiration or early termination of this Lease unless directed in writing by Landlord otherwise. All installation, repair repair, replacement and damage caused to modification of the Roof Equipment shall be coordinated with Landlord, shall only use those contractors approved by Landlord, which approval shall not be unreasonably withheld or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered delayed by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and CablesLandlord, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes be in connection accordance with the installation, use Rules and maintenance of the Equipment and CablesRegulations set forth herein.
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Roof Rights. 29.2.1 Subject to (i) compliance with all rules, regulations, statutes and codes of any governmental authority having jurisdiction thereover, (ii) compliance with any covenants, conditions and restrictions of record (or under applicable zoning and or community ordinances) applicable to the Building, and (iii) Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant shall be granted have the right of access to install one and the non-exclusive use of the roof of the Building, for the installation and operation of communication equipment, including without limitation, antennas, equipment cages or shelters and associated power supplies, generators and other equipment (1Tenant's "Roof Use") antenna without the obligation to pay rent or any other fee or expense (except for expenses for which Tenant is responsible under the express terms of this Section 29.2) to Landlord in respect of such Roof Use; provided further that such installation and the Roof Use shall not void any roof or other warranty applicable to the Buildings and that all such installations shall be located and screened in a manner mutually acceptable to both Landlord and Tenant in their reasonable discretion.
29.2.2 If the rate of any insurance carried by Landlord is increased as a result of Tenant's Roof Use, then Tenant will pay to Landlord within thirty (30) days after Landlord delivers to Tenant a certified statement from Landlord's insurance carrier stating that the rate increase was caused by Tenant's Roof Use, a sum equal to the difference between the original premium and the increased premium resulting from the Roof Use. To the best of Landlord's knowledge, the installation of a standard satellite dish on the roof of any Building will not result in the Antenna Area at rate of any insurance carried by Landlord being increased.
29.2.3 Landlord has not made any representations or promises pertaining to the suitability of the Building's rooftops for the Roof Use. Tenant, for the purpose of this paragraph and its right to rooftop access hereunder, accepts the rooftop in its "as is" condition. The foregoing notwithstanding, Landlord agrees to cooperate with Tenant to designate an area of the roof within which Tenant's expense Roof Use may be conducted and which will be suitable for such purpose, provided Tenant provides appropriate specifications to Landlord and makes any and all modifications necessary to accommodate such Roof use (all of which shall be subject to appropriate governmental approval and Landlord's reasonable approval. Prior consent).
29.2.4 Tenant will obtain prior to installation of the antennaor operation, Tenant shall submit to Landlord as appropriate, any and all plansnecessary licenses, specifications and drawings. Tenant shall be responsible approvals, permits, etc., necessary for the installation, maintenance and operation and liability use of the antennaany equipment installed pursuant to this Section 29.2.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in good and work-manlike manner. Tenant shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shall, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) the expiration of the Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, in connection with the installation, use and maintenance of the Equipment and Cables, and shall supply to Landlord, upon Landlord's written request, the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance of the Equipment and Cables.
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Roof Rights. Tenant shall be granted the right to install one (1) antenna in the Antenna Area at Tenant's expense and subject to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for the installation, maintenance and operation and liability of the antenna.
a) Landlord agrees that during the Term (as defined in Section 3 below), Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of At Tenant's construction and installation work shall be performed at Tenant's ’s sole cost and expense and in good and work-manlike manner. expense, Tenant (but not any subtenant) shall have and retain whatever title and rights access to the Equipment as it has or claims to have, exclusive of space in and structural portions roof of the buildingsBuilding in designated areas mutually agreed upon for the purpose of installation of Tenant’s Supplemental HVAC and associated wiring (collectively, which belong the “Roof Equipment”) provided: (i) the Roof Equipment does not impact Landlord’s roof warranty; (ii) the Roof Equipment complies with all applicable Laws; (iii) Tenant obtains Landlord’s prior written consent thereto, not to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed withheld, conditioned or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shalldelayed, at its sole cost and expense within fourteen (14) days, remove or have removed such Equipment and Cables upon the earlier including without limitation approval of (1) the expiration placement of the Roof Equipment, (2) any roof penetrations, (3) an elevation or termination representational drawing of this Agreementwhat the Roof Equipment will look like when mounted to the roof of the Building, and (4) a specific scope of work from Tenant’s contractor; and (iv) Tenant removes the Roof Equipment and restores the roof to its original condition prior to the Surrender Date. The Roof Equipment is deemed Tenant’s Property and shall be for the sole benefit of Tenant and Landlord, relate specifically to Tenant’s use of the Premises, and not be used as a switching station, amplification station, or (ii) the expiration of the Leaseby other tenants or third parties. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d) Tenant shall bear is solely responsible for all expense in connection costs associated with the installation, use and maintenance of such Equipment and Cablesmaintenance, and removal of the Roof Equipment.
(b) Tenant shall make a request for approval of the Roof Equipment by submission of specific plans and specifications for the work to be performed. Landlord shall respond in writing within 15 business days after receipt of the same, advising Tenant of approved contractors and those portions of the work that are acceptable and disapproving those portions of the work that are, in Landlord’s judgment, reasonably exercised, unacceptable and with respect to the plans, specifically detailing the nature of Landlord’s objection.
(c) Tenant shall be solely responsible for all maintenancedamages caused by the Roof Equipment, repair the removal of the Roof Equipment, and damage caused the restoration of the roof prior to the Surrender Date to substantially the same condition as existed prior to the installation of the Roof Equipment, reasonable wear and tear excepted, unless directed in writing by Landlord otherwise. Landlord shall be named as an additional insured on all Tenant insurance relating to the Roof or roof membrane as a result Equipment. All installation, repair, replacement, and modification of the installation or any access Roof Equipment shall be coordinated with Landlord, use only contractors approved in writing by Landlord, and be in accordance with all applicable Laws and the rules and regulations set forth in this Lease.
(d) Notwithstanding anything to the antenna. Tenant shall indemnifycontrary in this Lease, defend, protect and hold Landlord harmless from and against liability, damages, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury and death to persons, damage to property and interference with other tenants and licensee's rights who are sharing roof-top facilities at the Project.
e) Tenant shall maintain in force and effect during the Term, comprehensive liability insurance protecting Landlord against any liability, damages costs or expenses, if in connection with the installation, use and maintenance Tenant’s Supplemental HVAC Tenant requests penetrations through leasable area of the Equipment and CablesBuilding not comprising part of the Premises, Landlord may condition consent to such penetrations on the parties entering into an amendment to this Lease whereby the rentable square footage of the Premises is increased by the rentable square footage of the areas used for such penetrations, and shall supply to Landlord, all computations made under this Lease based upon Landlord's written request, or affected by the appropriate certificates of such insurance.
f) Tenant and its contractors shall comply with all applicable laws, regulations and building codes in connection with the installation, use and maintenance rentable square footage of the Equipment and CablesPremises will be recomputed to reflect such measurement.
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Samples: Lease (Mirna Therapeutics, Inc.)
Roof Rights. Tenant shall have the right, at its sole cost and expense, in ----------- connection with the making of the Tenant Improvements or at any time thereafter during the Term, but only upon obtaining the prior written consent thereto of Landlord (which consent of Landlord shall not be granted the right unreasonably conditioned, withheld or delayed) after Landlord's review and approval of detailed plans and specifications therefor (which approval may be withheld by Landlord, in its sole and absolute discretion), to install one on the roof up to, but not more than, six (16) antenna condenser units at a location, of a size, and otherwise in the Antenna Area at Tenant's expense and subject a manner satisfactory to appropriate governmental approval and Landlord's reasonable approval. Prior to installation of the antenna, Tenant shall submit to Landlord all plans, specifications and drawings. Tenant shall be responsible for also have the installationright, from time to time, to enter upon the roof, but only after notifying Landlord of the need therefor and obtaining Landlord's prior consent thereto, to maintain and make necessary repairs to such condenser units, all such maintenance and operation repairs to be made at the sole cost and liability expense of Tenant. Notwithstanding anything to the contrary set forth elsewhere in this Lease, (a) all such condenser units shall be placed on the roof centerline, side-to-side, and front-to-back, so as not to be visible from the ground level of the antenna.
aPark, and (b) Landlord agrees that during the Term (as defined in Section 3 below)Tenant shall employ, Tenant may install, use and have maintained in the Antenna Area, equipment ("Equipment") as specifically described in documentation delivered by Tenant to Landlord in connection with the initial approval process. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense expense, a roofer designated by Landlord for any penetrations of the roof of the Building required in connection with the installation of such condenser units. Tenant hereby acknowledges and agrees that Landlord would not have extended the rights set forth in this Section 8 to Tenant but for the agreement on the part of Tenant to use a roofer designated by Landlord for any penetrations of the roof of the Building required in connection with the installation of such condenser units. Furthermore, Tenant acknowledges and agrees that if that for any reason whatsoever Tenant shall utilize a roofer other than one that is designated by Landlord for the making of any penetrations of the roof of the Building in connection with the installation of any such condenser units, then and in good and work-manlike manner. Tenant any such event, (i) Landlord shall have and retain whatever title and rights to the Equipment as it has or claims to have, exclusive of space in and structural portions of the buildings, which belong to and shall be retained by Landlord. Landlord will cooperate with Tenant, at no cost to Landlord, regarding Tenant's access to utilities and the connection of the utilities to the Equipment
b) Landlord agrees that Tenant and/or its contractor may run cables ("Cables") between the Antenna Area and Premises, only in locations specifically approved by Landlord in writing, which approval shall not be unreasonably delayed or withheld.
c) The Equipment and Cables shall remain the property of Tenant or its contractor during the Term. Tenant shallright, at its sole option, and at the sole cost and expense of Tenant, to remove and repair any such penetrations of the roof of the Building made by Tenant, and Tenant shall reimburse Landlord for the costs thereof within fourteen fifteen (1415) daysdays after being billed therefor by Landlord, remove or have removed such Equipment and Cables upon the earlier of (1) the expiration or termination of this Agreement, or (ii) an Event of Default shall be deemed to have occurred pursuant to the expiration terms and conditions of the this Lease. To the extent reasonably possible, Tenant shall restore Landlord's affected facilities to their original condition, including repainting or touch-up, excepting ordinary wear and tear, and/or damage or destruction due to fire or other casualty.
d(iii) Tenant shall bear all expense in connection with the installation, use and maintenance of such Equipment and Cables, and shall be solely responsible for all maintenance, repair and damage caused to the Roof or roof membrane as a result of the installation or any access to the antenna. Tenant shall indemnify, defend, protect indemnify and hold Landlord harmless from and against liabilityany and all costs, damageslosses or liabilities that Landlord shall suffer or incur at any time thereafter (including, costs and expenses, including reasonable attorneys' fees incurred or suffered by Landlord directly caused by Tenant's installation, use and maintenance of the Equipment and Cables, including without limitation, injury at any time after the Expiration Date or the date of any sooner termination of the Term of this Lease) that, but for the penetrations of the roof of the Building made by Tenant in contravention of the terms and death conditions of this Section 8, would have been covered by the terms and conditions of any warranty or guaranty with respect to personsthe roof of the Building available to Landlord. Any such condenser units installed by Tenant pursuant to the preceding provisions of this Section 8 shall be deemed to be Alterations governed by the terms and conditions of the Lease. Notwithstanding anything to the contrary set forth elsewhere in this Lease, damage upon the written request of Landlord made at any time at or prior to property the expiration date of the Term or the sooner termination thereof in accordance with this Lease, Tenant, at Tenant's sole cost and interference expense, shall remove any such condensers installed by Tenant at the expiration date of the Term or the sooner termination thereof in accordance with this Lease. EXHIBIT C --------- RULES AND REGULATIONS --------------------- The following rules and regulations have been formulated for the safety and well-being of all the tenants and become effective upon occupancy. Strict adherence to these rules and regulations is necessary so that each and every tenant will enjoy safe and unannoyed occupancy. Any repeated or continuing violation of these rules and regulations by Tenant after notice from Landlord, shall be sufficient cause for termination of this Lease at the option of Landlord.
(i) no waiver shall be effective unless signed by Landlord or Landlord's authorized agent; (ii) any such waiver shall not relieve such tenant from the obligation to comply with such rule or regulation in the future unless expressly consented to by Landlord; and (iii) no waiver granted to any tenant shall relieve any other tenant from the obligation of complying with the foregoing rules and regulations unless such other tenant has received a similar waiver in writing from Landlord.
1. The sidewalks, entrances, passages, courts, vestibules, stairways, and other parts of the Building not occupied by any tenant shall not be obstructed or encumbered by any tenant or used for any purpose other than ingress and egress to and from any tenant's premises. Landlord shall have the right to control and operate the public portions of the Park, and the facilities furnished for the common use of the tenants, in such manner as Landlord deems best for the benefit of the tenants generally. No tenant shall permit the visit to its premises of persons in such numbers or under such conditions as to interfere with the use and enjoyment by other tenants of the entrances, corridors, elevators, and licensee's rights who are sharing roof-top other public portions or facilities at of the ProjectPark.
e) Tenant 2. No signs, awnings or other projections shall maintain be attached to the outside walls of any building without the prior written consent of Landlord. No drapes, blinds, shades or screens shall be attached to or hung in, or used in force connection with, any window or door of the Premises, without the prior consent of Landlord. Such signs, awnings, projections, curtains, blinds, screens and effect during other fixtures shall be of a quality, type, design and color approved by Landlord and shall be attached in a manner approved by Landlord.
3. No show cases or other articles shall be put in front of or affixed to any part of the Termexterior of the Building, comprehensive liability insurance protecting Landlord against nor placed in any liabilityinterior Common Area without the prior written consent of Landlord.
4. The water and wash closets and other plumbing fixtures shall not be used for any purpose other than those for which they were constructed, and no sweepings, rubbish, rags, or other substances shall be thrown therein. The cost of repairing all damages costs resulting from any misuse of the fixtures by a tenant or expensesany of its agents, employees, contractors, servants, visitors or licensees shall be paid by such tenant.
5. There shall be no marking, painting, drilling into or in anyway defacing any part of the Premises or the Building. No boring, cutting or stringing or wires shall be permitted. No tenant shall construct, maintain, use or operate within its Premises or elsewhere within or on the outside of the Building, any electrical device, wiring or apparatus in connection with the installation, use a loud speaker system or other sound system.
6. Tenant will fill out move-in/move-out sheets and maintenance will return such sheets signed and dated within ten (10) days of moving in or out of the Equipment and CablesPremises.
7. No animals, birds or pets of any kind shall be brought into or kept in or about the Premises, and no cooking shall supply be done or permitted by any tenant on its premises except for a tenant's employee's own use. No tenant shall cause or permit any unusual or objectionable odors to Landlord, upon Landlord's written request, the appropriate certificates of such insurancebe produced or permeate from its premises.
f) Tenant and its contractors 8. No tenant shall comply make, or permit to be made, any unseemly or disturbing noises or disturb or interfere with all applicable laws, regulations and occupants of this or any neighboring building codes in connection or premises or with the installation, use and maintenance any person having business with such occupants. No tenant shall throw anything out of the Equipment and Cablesdoors or windows or down the corridors or stairs.
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