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Common use of Roof Rights Clause in Contracts

Roof Rights. (a) In consideration of the Base Rent payable by Tenant under Section 3(a), Tenant shall have the right to operate and maintain, at Tenant’s sole cost and expense, on the roof of the 500 Xxxx 00xx Xxxxxx Building and on the roof of the building located at 500 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (the “500 Xxxx 00xx Xxxxxx Building” and together with the 500 Xxxx 00xx Xxxxxx Building, the “Building”), at such locations as shown on Exhibit “D” attached hereto, the rooftop equipment described on Exhibit “E” attached hereto (together with any and all additions thereto and replacements, substitutions and upgrades thereof, in each case, to the extent permitted hereunder, the “Rooftop Equipment”). Tenant shall have the right to replace any or all of the Rooftop Equipment with the same or substantially similar equipment that meets the specifications set forth in the TSA and is not substantially greater in size than the replaced item(s); provided, however, such other equipment shall not damage the structural integrity of the Building, shall not involve any actions which would result in a breach of any applicable roof warranty for the Building, and shall comply in all respects with all Laws. Any other replacements of the Rooftop Equipment shall require the prior written consent of Landlord, which consent may be withheld or granted in Landlord’s sole discretion. When requesting such consent, Tenant shall provide Landlord with all information reasonably requested by Landlord, including, but not limited to, make and model of such equipment and detailed plans and specifications for the proposed installation of such equipment. (b) Tenant shall give Landlord prior written notice of any proposed changes to the Rooftop Equipment (whether or not such changes require Landlord’s consent). Any installation, removal or maintenance of the Rooftop Equipment, including the location and installation of all cables in the Building’s conduits, risers or equipment room, shall be (i) performed by a contractor approved by Landlord, which approval shall not be unreasonably withheld, (ii) coordinated and scheduled with Landlord and (iii) performed in a good and workmanlike manner in compliance with all Laws and all governmental building, electric, communications and safety codes, ordinances, standards, regulations and requirements now in effect or hereafter promulgated and in a manner that will not damage the structural integrity of the Building, and (x) shall not result in a breach of any applicable roof warranty for the Building or (y) be performed in a manner so as to result in technical interference with the broadcasting and transmissions to and from the Building by Landlord, Landlord’s affiliates and Landlord’s other licensees and users of the Building. (c) The Rooftop Equipment shall remain the personal property of Tenant and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as reasonably possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant shall, throughout the term of this Lease, maintain the Rooftop Equipment in proper operating condition consistent with Past Practice and, in any event, in accordance with all Laws. Tenant shall have access to the roof of the Building for the purpose of weekly maintenance of the Rooftop Equipment and otherwise consistent with Past Practice, and otherwise after reasonable notice to Landlord or a designated CBS employee. (d) Tenant shall operate the Rooftop Equipment in compliance with all applicable Laws (including the laws, requirements and regulations of the Federal Communications Commission and the Federal Aviation Authority). Landlord shall be responsible for maintaining all permits necessary for the operation of the Rooftop Equipment (except for any permits that relate solely to Tenant, which permits shall be Tenant’s sole responsibility to maintain) and shall supply such permits to Tenant upon request therefor. Any costs incurred pursuant to this Section 6(d) that relate solely to Tenant’s use of the Rooftop Equipment or the maintenance of any permits in connection therewith shall be the sole responsibility of Tenant. (e) Tenant acknowledges that Landlord’s use of the roof for the broadcast and transmittal of signals for CBS Network Television, as conducted on the Commencement Date or in the future, is primary, but Landlord acknowledges and agrees that such use by Landlord will continue to allow Tenant to use the roof consistent with Past Practice. Tenant will not knowingly operate the Rooftop Equipment in such a manner as to interfere with, electronically or otherwise, Landlord’s use of the roof for such broadcasting purposes or for the purpose of operating the Building, or with other users of equipment on the roof of the Building and agrees that, in the event of any such interference (whether occurring with or without Tenant’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Tenant will promptly modify its operation of the Rooftop Equipment in a manner that would no longer cause such interference. Landlord will not knowingly operate any Building rooftop equipment or allow any other user to operate any Building rooftop equipment in such a manner as to interfere with, electronically or otherwise, Tenant’s use of the roof and Rooftop Equipment consistent with Past Practice and agrees that, in the event of any such interference (whether occurring with or without Landlord’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Landlord will promptly modify its operation, or use reasonable efforts to cause other users to modify their operation, as applicable, of Building rooftop equipment in a manner that would no longer cause such interference. (f) Tenant shall indemnify and hold Landlord harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable to or arising out of the maintenance, repair, operation or removal of any of the Rooftop Equipment (other than any maintenance, repair, operation or removal of any of the Rooftop Equipment pursuant to Landlord’s request and solely for the purpose of accommodating Landlord’s operation or maintenance of Landlord’s rooftop equipment). Landlord shall indemnify and hold Tenant harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable to or arising out of the maintenance, repair, operation or removal of any of Landlord’s rooftop equipment (other than any maintenance, repair, operation or removal of any of Landlord’s rooftop equipment pursuant to Tenant’s request and solely for the purpose of accommodating Tenant’s operation or maintenance of the Rooftop Equipment).

Appears in 2 contracts

Samples: Master Agreement (Westwood One Inc /De/), Lease (Westwood One Inc /De/)

Roof Rights. (a) In consideration of the Base Rent payable by Tenant under Section 3(a), Tenant shall have the right conditional right, without paying any additional rent, to operate install and maintainmaintain up to three (3) communication devices (such as a dish or antenna) and related equipment for its own use (collectively, at Tenant’s sole cost and expense, the "Rooftop Equipment") on the roof of the 500 Xxxx 00xx Xxxxxx Building in accordance with the terms of this Section. Additional communication devices must be approved by the Landlord, which approval shall be in the sole discretion of Landlord. (b) Prior to installing 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 located at 500 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (the “500 Xxxx 00xx Xxxxxx Building” and together with the 500 Xxxx 00xx Xxxxxx Building, the “Building”)manner in which the same shall be installed and removed, at and the name and license number of the competent licensed contractor who will perform such locations as shown on Exhibit “D” attached heretoinstallation. All such plans shall be subject to Landlord's prior written approval, the rooftop equipment described on Exhibit “E” attached hereto (together with 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 all additions thereto and replacementsspecifications, substitutions and upgrades thereofas Landlord, in each caseits reasonable judgment, deems necessary to protect the extent permitted hereunderstructure and aesthetic appearance of the Building and/or Landlord's ability to properly maintain and operate the Building. As a result, the “Rooftop Equipment”). Tenant shall have the right to replace any or all design and installation of the Rooftop Equipment with the same or substantially similar equipment that meets the specifications set forth in the TSA and is not substantially greater in size than the replaced item(s); provided, however, such other equipment shall not damage the structural integrity of the Building, shall not involve any actions which would result in a breach of any applicable roof warranty for the Building, and shall comply in all respects with all Laws. Any other replacements of the said Rooftop Equipment shall require be subject to the prior written consent consistently applied design limitations of Landlordthe Building and its structural, which consent electrical and mechanical systems. No work may be withheld or granted in Landlord’s sole discretion. When requesting such consent, Tenant shall provide Landlord commence with all information reasonably requested by Landlord, including, but not limited to, make and model of such equipment and detailed plans and specifications for respect to the proposed installation of such equipment. (b) Tenant shall give Landlord prior written notice of any proposed changes to the said Rooftop Equipment (whether or not such changes require Landlord’s consent). Any installation, removal or maintenance of the Rooftop Equipment, including the location and installation of all cables in the Building’s conduits, risers or equipment room, shall be until: (i) performed by a contractor approved by Landlord has provided Tenant with Landlord's prior written approval of final plans therefor, which approval shall not be unreasonably withheld, and (ii) coordinated Tenant has provided Landlord with written proof that Tenant has obtained all required licenses, permits and scheduled with Landlord and (iii) performed in a good and workmanlike manner in compliance with all Laws and all governmental buildingapprovals, electricif any, communications and safety codes, ordinances, standards, regulations and requirements now in effect or hereafter promulgated and in a manner that will not damage the structural integrity of the Building, and (x) shall not result in a breach of any from applicable roof warranty government authorities necessary for the Building or (y) be performed in a manner so as to result in technical interference with the broadcasting installation and transmissions to and from the Building by Landlord, Landlord’s affiliates and Landlord’s other licensees and users operation of the Buildingsaid Rooftop Equipment. (c) The Rooftop Equipment shall remain the personal property of Tenant installation, operation and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as reasonably possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant shall, throughout the term of this Lease, maintain the Rooftop Equipment in proper operating condition consistent with Past Practice and, in any event, in accordance with all Laws. Tenant shall have access to the roof of the Building for the purpose of weekly maintenance of the Rooftop Equipment shall, at all times, comply with all applicable present and otherwise consistent with Past Practicefuture 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 otherwise after 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 subsequent maintenance of the Rooftop Equipment shall be subject to such reasonable notice 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 a designated CBS employeearising 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 operate pay all costs associated with the design, installation, maintenance, operation, relocation and removal of the Rooftop Equipment Equipment. Tenant shall 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 compliance with all applicable Laws lieu of incurring such fees, and (including iii) any reasonable legal fees related to the laws, review of the aforesaid requirements and regulations 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 Federal Communications Commission 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 Federal Aviation Authority)Rooftop Equipment. Landlord shall be responsible for maintaining all permits necessary for Except as expressly set forth in the operation approved plans therefor, no such installation, maintenance or removal of the Rooftop Equipment (except for shall involve any permits that relate solely to Tenant, which permits shall be Tenant’s sole responsibility to maintain) and shall supply such permits to Tenant upon request therefor. Any costs incurred pursuant to this Section 6(d) that relate solely to Tenant’s use penetration of the Rooftop Equipment Building's roof or the maintenance of any permits in connection therewith shall be the sole responsibility of Tenantexterior walls. (e) Tenant acknowledges covenants that Landlord’s use the installation, maintenance, operation, relocation and removal of the roof for the broadcast and transmittal of signals for CBS Network Television, as conducted on the Commencement Date or in the future, is primary, but Landlord acknowledges and agrees that such use by Landlord will continue to allow Tenant to use the roof consistent with Past Practice. Tenant will not knowingly operate the Rooftop Equipment shall in such a manner as to no way interfere with, electronically or otherwise, with Landlord’s use 's operation of the roof for such broadcasting purposes or for the purpose of operating the Building, 's systems or with other users tenant's use of their premises or operation of their equipment on within the roof of the Building and agrees that, in Project. In the event of any such interference interference, the Rooftop Equipment shall be modified, removed or relocated (whether occurring with or without subject to Landlord's prior written approval) from time to time by Tenant’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), . Landlord shall have the right to require Tenant will promptly modify its operation of to temporarily relocate the Rooftop Equipment in a manner that would no longer cause such interference. order to allow Landlord will not knowingly operate any Building rooftop equipment to complete repairs, maintenance or allow any other user to operate any Building rooftop equipment in such a manner as to interfere with, electronically or otherwise, Tenant’s use modification of the roof and Rooftop Equipment consistent with Past Practice and agrees that, Building. In exercising its rights set forth in the event of any such interference (whether occurring with or without Landlord’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received)immediately preceding sentence, Landlord will promptly modify its operation, or use reasonable efforts to cause other users to modify their operation, as applicable, minimize any interference with Tenant's use of Building rooftop equipment in a manner that would no longer cause such interferencethe Rooftop Equipment. (f) Tenant shall indemnify and hold Landlord harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) use the Rooftop Equipment for internal corporate purposes only. No Rooftop Equipment which may arise by reason of any occurrence attributable Tenant is permitted to or arising out install on the roof of the maintenance, repair, 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 or removal of any of the Rooftop Equipment (other than shall be at Tenant's sole risk, and any maintenance, repair, operation or removal of any of damage to the Rooftop Equipment pursuant will in no way operate to Landlord’s request affect Tenant's obligations under this Lease. Similarly, any condemnation or other governmental action which affects Tenant's ability to maintain and solely for operate the purpose of accommodating Landlord’s operation Rooftop Equipment shall in no way affect Tenant's obligations under this Lease, except as set forth below. In the event that any applicable government authority or maintenance of Landlord’s rooftop equipment). Landlord shall indemnify and hold other legal requirement prevents Tenant harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable to operating or arising out of the maintenance, repair, operation or removal of any of Landlord’s rooftop equipment (other than any maintenance, repair, operation or removal of any of Landlord’s rooftop equipment pursuant to Tenant’s request and solely for the purpose of accommodating Tenant’s operation or maintenance of maintaining the Rooftop Equipment, Tenant shall promptly remove the same. The rights of Tenant set forth in this Section are personal to the named Tenant herein and may not be assigned, sublet or otherwise transferred to any third person or entity (notwithstanding a permitted assignment, sublease or other transfer of Tenant's other rights hereunder). Prior to the expiration or termination of the Term, Tenant shall remove the Rooftop Equipment from the Building and reasonably restore the same to its condition prior to the installation thereof. Tenant's failure to so remove the same shall constitute a default subject to Article 8 of this Lease.

Appears in 2 contracts

Samples: Deed of Lease (Sutron Corp), Deed of Lease (Sutron Corp)

Roof Rights. (a) In consideration A. Subject to the terms of the Base Rent payable by Tenant under this Section 3(a)46, Tenant shall have the right to operate install, without the payment of any additional rent or licensing fees, and maintainmaintain at a location on the roof of the Building chosen by Tenant and approved by Landlord (the “Satellite Area”) certain telecommunications and related equipment, together with the cables extending from such telecommunications and related equipment to the Premises (collectively, the “Telecommunications and Related Equipment”). The location, size, weight, height and all other features and specifications of such Telecommunications and Related Equipment and the manner of the initial installment of the same shall be subject to Landlord’s prior approval, which approval shall not be unreasonably withheld conditioned or delayed. Notwithstanding the foregoing, Tenant shall not be entitled to install any such Telecommunications and Related Equipment (i) which occupies an area of more than approximately one hundred (100) square feet on the roof of the Building, (ii) if such installation would materially adversely affect (or in a manner that would adversely affect) any warranty with respect to the roof of the Building, (iii) if such installation would adversely affect (or in a manner that would materially adversely affect) the structure or any of the building systems of the Building, or if such installation would require (or in a manner that would require) any structural alteration to the Building, or (iv) if such installation would violate (or in a manner that would violate) any applicable federal, state or local law, rule or regulation. Tenant shall obtain and maintain at Tenant’s expense, and submit to Landlord copies of, all permits and approvals relating to such Telecommunications and Related Equipment and such installation and maintenance (including, without limitation, any permit required if a crane is necessary to place such Telecommunications and Related Equipment on the roof), and shall pay all taxes and fees related thereto. Such Telecommunications and Related Equipment shall be installed, at Tenant’s sole cost and expense, on the roof of the 500 Xxxx 00xx Xxxxxx Building and on the roof of the building located at 500 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (the “500 Xxxx 00xx Xxxxxx Building” and together with the 500 Xxxx 00xx Xxxxxx Building, the “Building”), at such locations as shown on Exhibit “D” attached hereto, the rooftop equipment described on Exhibit “E” attached hereto (together with any and all additions thereto and replacements, substitutions and upgrades thereof, in each case, to the extent permitted hereunder, the “Rooftop Equipment”). Tenant shall have the right to replace any or all of the Rooftop Equipment with the same or substantially similar equipment that meets the specifications set forth in the TSA and is not substantially greater in size than the replaced item(s); provided, however, such other equipment shall not damage the structural integrity of the Building, shall not involve any actions which would result in a breach of any applicable roof warranty for the Building, and shall comply in all respects with all Laws. Any other replacements of the Rooftop Equipment shall require the prior written consent of Landlord, which consent may be withheld or granted in Landlord’s sole discretion. When requesting such consent, Tenant shall provide Landlord with all information reasonably requested by Landlord, including, but not limited to, make and model of such equipment and detailed plans and specifications for the proposed installation of such equipment. (b) Tenant shall give Landlord prior written notice of any proposed changes to the Rooftop Equipment (whether or not such changes require Landlord’s consent). Any installation, removal or maintenance of the Rooftop Equipment, including the location and installation of all cables in the Building’s conduits, risers or equipment room, shall be (i) performed by a qualified contractor chosen by Tenant and approved in advance by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. In the event Tenant shall require penetration of the roof membrane of the Building in connection with the installation of any Telecommunication and Related Equipment, then Tenant shall use Landlord’s roof contractor for work with respect to such penetration of the roof membrane, and Landlord shall cause such contractor to charge an amount to Tenant for the performance of such work which is equal to the amount which would be payable for such work on an arm’s-length, competitive basis for the performance of such work in the Washington, D.C. metropolitan area, failing which Landlord shall be responsible for the payment of all amounts charged to Tenant by such contractor for the subject work to the extent in excess of such arm’s-length, competitive amount for performance of the subject work. Tenant shall obtain Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed, to the manner and time in which such installation work is to be done. Tenant shall screen the Telecommunications and Related Equipment from view from the grounds adjacent to the Building in a manner and with materials acceptable to Landlord in its reasonable discretion. The Telecommunications and Related Equipment shall not be for any purpose other than communication related to the operation of Tenant’s business and the business of other permitted occupants of the Premises (and not for commercial resale purposes). All plans and specifications concerning such installation shall be subject to Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed and Tenant shall reimburse Landlord’s reasonable expenses incurred to third parties in such review. All repairs and installations required after the initial installation of the Telecommunications and Related Equipment also shall be subject to Landlord’s prior approval, which shall not be withheld, conditioned or delayed. B. Except in the circumstance of an emergency, Tenant shall deliver to Landlord notice prior to Tenant’s access to the Telecommunications and Related Equipment. Any such access by Tenant shall be subject to reasonable rules and regulations established from time to time by Landlord in accordance with the terms of Section 13 above C. At all times during the Term, Tenant shall (i) maintain the Telecommunications and Related Equipment in clean, good and safe condition, and (ii) coordinated and scheduled with Landlord and (iii) performed in a good and workmanlike manner in compliance comply with all Laws and all governmental building, electric, communications and safety codesrequirements of laws, ordinances, standards, rules and regulations of all public authorities with respect to the Telecommunications and requirements now in effect Related Equipment. Tenant shall not install or hereafter promulgated operate the Telecommunications and Related Equipment in a manner that will not damage interfere with the structural integrity operation of any other antenna installed on the roof of the BuildingBuilding prior to the installation of the Telecommunications and Related Equipment, and (x) Tenant shall use commercially reasonable efforts to avoid interference with other antennae installed on the roof of the Building [after the initial installation of the Telecommunications and Related Equipment], provided that such commercially reasonable efforts shall not result in a breach of any applicable roof warranty require that Tenant be prevented from using the Telecommunications and Related Equipment for their intended purpose. Tenant shall be responsible, at its sole cost, for repairs to the Building or (y) be performed in a manner so as to result in technical interference with the broadcasting and transmissions to and from the Building made necessary by Landlord, Landlord’s affiliates and Landlord’s other licensees and users reason of the Building. (c) The Rooftop refurbishing, installation, maintenance, operation or removal of the Telecommunications and Related Equipment shall remain the personal property of Tenant and shall be removed by Tenant at its own expense at or any replacements thereof. At the expiration or earlier termination of this Lease. the Term, Tenant shall repair remove the Telecommunications and Related Equipment from the Building. D. It is expressly understood that by granting Tenant rights under this Section 46, Landlord makes no representation as to the legality of such Telecommunications and Related Equipment or its installation. In the event that any damage caused by federal, state, county, regulatory or other authority requires the removal or relocation of such removalTelecommunications and Related Equipment, including Tenant shall remove or relocate such Telecommunications and Related Equipment at Tenant’s sole cost and expense, and Landlord shall under no circumstances be liable to Tenant therefor. E. Subject to the patching of any holes to match, as closely as reasonably possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant shall, throughout the term terms of this Lease, maintain the Rooftop Equipment in proper operating condition consistent with Past Practice and, in any event, in accordance with all Laws. Tenant shall have access to the roof of the Building for the purpose of weekly maintenance of the Rooftop Equipment and otherwise consistent with Past Practice, and otherwise after reasonable notice to Landlord or a designated CBS employee. (d) Tenant shall operate the Rooftop Equipment in compliance with all applicable Laws (including the laws, requirements and regulations of the Federal Communications Commission and the Federal Aviation Authority). Landlord shall be responsible for maintaining all permits necessary for the operation of the Rooftop Equipment (except for any permits that relate solely to Tenant, which permits shall be Tenant’s sole responsibility to maintain) and shall supply such permits to Tenant upon request therefor. Any costs incurred pursuant to this Section 6(d) that relate solely to Tenant’s use of the Rooftop Equipment or the maintenance of any permits in connection therewith shall be the sole responsibility of Tenant. (e) Tenant acknowledges that Landlord’s use of the roof for the broadcast and transmittal of signals for CBS Network Television, as conducted on the Commencement Date or in the future, is primary, but Landlord acknowledges and agrees that such use by Landlord will continue to allow Tenant to use the roof consistent with Past Practice. Tenant will not knowingly operate the Rooftop Equipment in such a manner as to interfere with, electronically or otherwise, Landlord’s use of the roof for such broadcasting purposes or for the purpose of operating the Building, or with other users of equipment on the roof of the Building and agrees that, in the event of any such interference (whether occurring with or without Tenant’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Tenant will promptly modify its operation of the Rooftop Equipment in a manner that would no longer cause such interference. Landlord will not knowingly operate any Building rooftop equipment or allow any other user to operate any Building rooftop equipment in such a manner as to interfere with, electronically or otherwise, Tenant’s use of the roof and Rooftop Equipment consistent with Past Practice and agrees that, in the event of any such interference (whether occurring with or without Landlord’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Landlord will promptly modify its operation, or use reasonable efforts to cause other users to modify their operation, as applicable, of Building rooftop equipment in a manner that would no longer cause such interference. (f) Tenant shall indemnify and hold Landlord harmless from and against any and all costs, damages, causes of action claims, liabilities and liability expenses (including reasonable attorneys’ fees and court costs but excluding any consequential damagesfees) which may arise suffered by reason of any occurrence attributable to or claimed against Landlord, directly or indirectly, based on, arising out of or resulting from any act or omission by Tenant or Tenant’s employees, agents, assignees, subtenants, contractors, clients, guests, licensees, customers or invitees with respect to the installation, use, operation, maintenance, repairrepair or disassembly of such Telecommunications and Related Equipment and related equipment. F. The Telecommunications and Related Equipment may be used by Tenant and other permitted occupants of the Premises only in the conduct of their customary business. G. Tenant shall maintain such insurance as is appropriate with respect to the installation, operation or removal of any and maintenance of the Rooftop Equipment (other than any maintenance, repair, operation or removal of any of the Rooftop Equipment pursuant to Landlord’s request Telecommunications and solely for the purpose of accommodating Landlord’s operation or maintenance of Landlord’s rooftop equipment)Related Equipment. Landlord shall indemnify and hold Tenant harmless from and against any and all costs, damages, causes of action and have no liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason on account of any occurrence attributable damage to or arising out interference with the operation of the maintenance, repair, operation Telecommunications and Related Equipment except for physical damage caused by Landlord or removal of any of Landlord’s rooftop equipment (other than any maintenanceits employees, repairagents or contractors, and Landlord expressly makes no representations or warranties with respect to the capacity for such Telecommunications and Related Equipment placed on the roof of the Building to receive or transmit signals. The operation or removal of any of Landlord’s rooftop equipment pursuant to the Telecommunications and Related Equipment shall be at Tenant’s request sole and solely for the purpose of accommodating Tenant’s operation or maintenance of the Rooftop Equipment)absolute risk.

Appears in 1 contract

Samples: Deed of Lease (Watson Wyatt & Co Holdings)

Roof Rights. (a) In consideration of the Base Rent payable by Tenant under Section 3(a), Tenant shall have the right to operate and maintain, at Tenant’s sole cost and expense, on the roof of the 500 Xxxx 00xx Xxxxxx Building and on the roof of the building located at 500 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (the “500 Xxxx 00xx Xxxxxx Building” and together with the 500 Xxxx 00xx Xxxxxx Building, the “Building”), at such locations as shown on Exhibit “D” attached hereto, the rooftop equipment described on Exhibit “E” attached hereto (together with any and all additions thereto and replacements, substitutions and upgrades thereof, in each case, to the extent permitted hereunder, the “Rooftop Equipment”). Tenant shall have the right to replace any or all of the Rooftop Equipment with the same or substantially similar equipment that meets the specifications set forth in the TSA and is not substantially greater in size than the replaced item(s); provided, however, such other equipment shall not damage the structural integrity of the Building, shall not involve any actions which would result in a breach of any applicable roof warranty for the Building, and shall comply in all respects with all Laws. Any other replacements of the Rooftop Equipment shall require the prior written consent of Landlord, which consent may be withheld or granted in Landlord’s sole discretion. When requesting such consent, Tenant shall provide Landlord with all information reasonably requested by Landlord, including, but not limited to, make and model of such equipment and detailed plans and specifications for the proposed installation of such equipment. (b) Tenant shall give Landlord prior written notice of any proposed changes to the Rooftop Equipment (whether or not such changes require Landlord’s consent). Any installation, removal or maintenance of the Rooftop Equipment, including the location and installation of all cables in the Building’s conduits, risers or equipment room, shall be (i) performed by a contractor approved by Landlord, which approval shall not be unreasonably withheld, (ii) coordinated and scheduled with Landlord and (iii) performed in a good and workmanlike manner in compliance with all Laws and all governmental building, electric, communications and safety codes, ordinances, standards, regulations and requirements now in effect or hereafter promulgated and in a manner that will not damage the structural integrity of the Building, and (x) shall not result in a breach of any applicable roof warranty for the Building or (y) be performed in a manner so as to result in technical interference with the broadcasting and transmissions to and from the Building by Landlord, Landlord’s affiliates and Landlord’s other licensees and users of the Building. (c) The Rooftop Equipment shall remain the personal property of Tenant and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as reasonably possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant shall, throughout the term of this Lease, maintain the Rooftop Equipment in proper operating condition consistent with Past Practice and, in any event, in accordance with all Laws. Tenant shall have access to the roof of the Building for the purpose of weekly maintenance of the Rooftop Equipment and otherwise consistent with Past Practice, and otherwise after reasonable notice to Landlord or a designated CBS employee. (d) Tenant shall operate the Rooftop Equipment in compliance with all applicable Laws (including the laws, requirements and regulations of the Federal Communications Commission and the Federal Aviation Authority). Landlord shall be responsible for maintaining all permits necessary for the operation of the Rooftop Equipment (except for any permits that relate solely to Tenant, which permits shall be Tenant’s sole responsibility to maintain) and shall supply such permits to Tenant upon request therefor. Any costs incurred pursuant to this Section 6(d) that relate solely to Tenant’s use of the Rooftop Equipment or the maintenance of any permits in connection therewith shall be the sole responsibility of Tenant. (e) Tenant acknowledges that Landlord’s use of the roof for the broadcast and transmittal of signals for CBS Network Television, as conducted on the Commencement Date or in the future, is primary, but Landlord acknowledges and agrees that such use by Landlord will continue to allow Tenant to use the roof consistent with Past Practice. Tenant will not knowingly operate the Rooftop Equipment in such a manner as to interfere with, electronically or otherwise, Landlord’s use of the roof for such broadcasting purposes or for the purpose of operating the Building, or with other users of equipment on the roof of the Building and agrees that, in the event of any such interference (whether occurring with or without Tenant’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Tenant will promptly modify its operation of the Rooftop Equipment in a manner that would no longer cause such interference. Landlord will not knowingly operate any Building rooftop equipment or allow any other user to operate any Building rooftop equipment in such a manner as to interfere with, electronically or otherwise, Tenant’s use of the roof and Rooftop Equipment consistent with Past Practice and agrees that, in the event of any such interference (whether occurring with or without Landlord’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Landlord will promptly modify its operation, or use reasonable efforts to cause other users to modify their operation, as applicable, of Building rooftop equipment in a manner that would no longer cause such interference. (f) Tenant shall indemnify and hold Landlord harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable to or arising out of the maintenance, repair, operation or removal of any of the Rooftop Equipment (other than any maintenance, repair, operation or removal of any of the Rooftop Equipment pursuant to Landlord’s request and solely for the purpose of accommodating Landlord’s operation or maintenance of Landlord’s rooftop equipment). Landlord shall indemnify and hold Tenant harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable to or arising out of the maintenance, repair, operation or removal of any of Landlord’s rooftop equipment (other than any maintenance, repair, operation or removal of any of Landlord’s rooftop equipment pursuant to Tenant’s request and solely for the purpose of accommodating Tenant’s operation or maintenance of the Rooftop Equipment).

Appears in 1 contract

Samples: Master Agreement (Westwood One Inc /De/)

Roof Rights. (a) In consideration of the Base Rent payable by Tenant under Section 3(a), Tenant shall have the right to operate and maintainmay, at Tenant’s its sole cost and expense, install on the roof of the 500 Xxxx 00xx Xxxxxx Building (i) without any supplemental rental charge by Landlord, two (2) satellite dishes OR two (2) antennae OR one (1) satellite dish and on one (1) antenna, plus related communications equipment, (ii) subject to such supplemental rental charges by Landlord as are "market" charges to an office tenant for the roof right to install and maintain telecommunications equipment of the building located at 500 Xxxx 00xx Xxxxxxnature, Xxx Xxxxnumber and size to be installed (but not to exceed $500.00 per month), Xxx Xxxx 00000 such satellite dishes, antennae and related communications equipment in addition to those contemplated by clause (i) as Landlord shall reasonably approve (the “500 Xxxx 00xx Xxxxxx Building” equipment described in clauses (i) and together with (ii) being collectively called the 500 Xxxx 00xx Xxxxxx Building, the “Building”"SATELLITE DISH"), at and/or (iii) without any supplemental charge by Landlord, supplemental HVAC equipment (the "SUPPLEMENTAL HVAC EQUIPMENT"), subject to the approval by Landlord of the Satellite Dish and Supplemental HVAC Equipment proposed to be installed by Tenant, such locations as shown on Exhibit “D” attached hereto, the rooftop equipment described on Exhibit “E” attached hereto (together with any and all additions thereto and replacements, substitutions and upgrades thereofapproval not to be unreasonably withheld or delayed, in each casecase at a specific location or locations designated by Landlord and approved by Tenant, to the extent permitted hereunder, the “Rooftop Equipment”). Tenant shall have the right to replace any or all of the Rooftop Equipment with the same or substantially similar equipment that meets the specifications set forth in the TSA and is not substantially greater in size than the replaced item(s); provided, however, such other equipment which approval shall not damage the structural integrity of the Building, shall not involve any actions which would result in a breach of any applicable roof warranty for the Building, and shall comply in all respects with all Laws. Any other replacements of the Rooftop Equipment shall require the prior written consent of Landlord, which consent may be unreasonably withheld or granted in Landlord’s sole discretiondelayed. When requesting such consentBefore installing the Satellite Dish and Supplemental HVAC Equipment, Tenant shall provide submit to Landlord with all information reasonably requested by Landlord, including, but not limited to, make and model of such equipment and detailed plans and specifications for the proposed installation of such equipment. (b) Tenant shall give Landlord prior written notice of any proposed changes to the Rooftop Equipment (whether or not such changes require Landlord’s consent). Any installation, removal or maintenance of the Rooftop Equipment, including the location and installation of all cables in the Building’s conduits, risers or equipment room, shall be (i) performed by a contractor approved by Landlordits approval, which approval shall not be unreasonably withheld, (ii) coordinated conditioned or delayed, plans and scheduled with Landlord specifications which specify in detail the design, location, size, technical specifications, and (iii) performed frequency of the Satellite Dish and Supplemental HVAC Equipment and are sufficiently detailed to allow for the installation of the Satellite Dish and Supplemental HVAC Equipment in a good and workmanlike manner and in compliance accordance with all Laws applicable laws and regulations, including any restrictions applicable to the Building. Following Landlord's approval of such plans and specifications, Tenant shall install in a good workmanlike manner, maintain, and use the Satellite Dish and Supplemental HVAC Equipment in accordance with all governmental buildingapplicable laws and regulations, electricand shall obtain all permits required for the installation and operation thereof. At Landlord's option, communications Tenant shall screen the Satellite Dish and safety codes, ordinances, standards, regulations and requirements now in effect Supplemental HVAC Equipment with a parapet wall or hereafter promulgated other screening device complying with all applicable laws and in a manner that will reasonably acceptable to Landlord. Tenant may only use the Satellite Dish in connection with Tenant's business and may not damage allow any third party (other than an affiliated party) to use such Satellite Dish, whether by sublease, license, occupancy or otherwise, without Xxxxxxxx's prior written consent. Tenant shall, at its sole cost and expense, remove the structural integrity Satellite Dish and Supplemental HVAC Equipment, exclusive of wiring and cabling, within ten (10) business days after the occurrence of any of the Buildingfollowing events: (i) the termination of Tenant's right to possess the Premises, and (xii) shall not result in a breach the termination of any applicable roof warranty for the Building Lease, or (yiii) be performed in a manner so as to result in technical interference with the broadcasting and transmissions to and from the Building by Landlord, Landlord’s affiliates and Landlord’s other licensees and users expiration of the Building. Term. If Tenant fails to do so, Landlord may remove the Satellite Dish and Supplemental HVAC Equipment and store or dispose of them in any manner Landlord deems appropriate without liability to Tenant; Tenant shall reimburse Landlord for all costs incurred by Landlord in connection therewith within thirty (c30) The Rooftop Equipment shall remain the personal property of Tenant and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Leasedays after Xxxxxxxx's request therefor. Tenant shall repair any damage to the Building caused by such or relating to the Satellite Dish and Supplemental HVAC Equipment, including that which is caused by its installation, maintenance, use or removal, including and shall indemnify Landlord against any and all loss, costs and expense arising from the patching installation, maintenance, use or removal of any holes the satellite dish. All work relating to match, as closely as reasonably possible, the color surrounding the area where the equipment Satellite Dish and appurtenances were attached. Tenant Supplemental HVAC shall, throughout at Tenant's sole cost and expense, be coordinated with Landlord's roofing contractor so as not to affect any warranty for the term of this Lease, maintain the Rooftop Equipment in proper operating condition consistent with Past Practice and, in any event, in accordance with all LawsBuilding's roof. Tenant shall have access to install, operate and maintain the roof of the Building for the purpose of weekly maintenance of the Rooftop Equipment and otherwise consistent with Past Practice, and otherwise after reasonable notice to Landlord or a designated CBS employee. (d) Tenant shall operate the Rooftop Equipment in compliance with all applicable Laws (including the laws, requirements and regulations of the Federal Communications Commission and the Federal Aviation Authority). Landlord shall be responsible for maintaining all permits necessary for the operation of the Rooftop Equipment (except for any permits that relate solely to Tenant, which permits shall be Tenant’s sole responsibility to maintain) and shall supply such permits to Tenant upon request therefor. Any costs incurred pursuant to this Section 6(d) that relate solely to Tenant’s use of the Rooftop Equipment or the maintenance of any permits in connection therewith shall be the sole responsibility of Tenant. (e) Tenant acknowledges that Landlord’s use of the roof for the broadcast and transmittal of signals for CBS Network Television, as conducted on the Commencement Date or in the future, is primary, but Landlord acknowledges and agrees that such use by Landlord will continue to allow Tenant to use the roof consistent with Past Practice. Tenant will not knowingly operate the Rooftop Equipment Satellite Dish in such a manner so as not to unreasonably interfere withwith any other satellite dish, electronically antenna, or otherwise, Landlord’s use of the roof for such broadcasting purposes or for the purpose of operating other transmission facility on the Building, 's roof or with other users of equipment on the roof of the Building and agrees that, in the event of any such interference (whether occurring with or without Tenant’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Tenant will promptly modify its operation of the Rooftop Equipment in a manner that would no longer cause such interference. Landlord will not knowingly operate any Building rooftop equipment or allow any other user to operate any Building rooftop equipment in such a manner as to interfere with, electronically or otherwise, Tenant’s use of the roof and Rooftop Equipment consistent with Past Practice and agrees that, in the event of any such interference (whether occurring with or without Landlord’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Landlord will promptly modify its operation, or use reasonable efforts to cause other users to modify their operation, as applicable, of Building rooftop equipment in a manner that would no longer cause such interferenceBuilding. (f) Tenant shall indemnify and hold Landlord harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable to or arising out of the maintenance, repair, operation or removal of any of the Rooftop Equipment (other than any maintenance, repair, operation or removal of any of the Rooftop Equipment pursuant to Landlord’s request and solely for the purpose of accommodating Landlord’s operation or maintenance of Landlord’s rooftop equipment). Landlord shall indemnify and hold Tenant harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable to or arising out of the maintenance, repair, operation or removal of any of Landlord’s rooftop equipment (other than any maintenance, repair, operation or removal of any of Landlord’s rooftop equipment pursuant to Tenant’s request and solely for the purpose of accommodating Tenant’s operation or maintenance of the Rooftop Equipment).

Appears in 1 contract

Samples: Lease Agreement (Inet Technologies Inc)

Roof Rights. (a) In consideration of the Base Rent payable by 35.1 Tenant under Section 3(a)may install, Tenant shall have the right to operate and maintain, at Tenant’s for its sole cost and expense, on the roof use (or that of the 500 Xxxx 00xx Xxxxxx Building and on the roof of the building located at 500 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (the “500 Xxxx 00xx Xxxxxx Building” and together with the 500 Xxxx 00xx Xxxxxx Building, the “Building”its subtenants), at such locations as shown on Exhibit “D” attached hereto, the rooftop telecommunications transmission and receiving equipment described on Exhibit “E” attached hereto (together with any and all additions thereto and replacements, substitutions and upgrades thereof, in each case, to the extent permitted hereunder, the “Rooftop Equipment”). Tenant shall have the right to replace any or all of the Rooftop Equipment with the same or substantially similar equipment that meets the specifications set forth in the TSA and is not substantially greater in size than the replaced item(s); provided, however, such other equipment shall not damage the structural integrity of the Building, shall not involve any actions which would result in a breach of any applicable roof warranty for the Building, and shall comply in all respects with all Laws. Any other replacements of the Rooftop Equipment shall require the prior written consent of Landlord, which consent may be withheld or granted in Landlord’s sole discretion. When requesting such consent, Tenant shall provide Landlord with all information reasonably requested by Landlord, including, but not limited to, make satellite dishes, antennas, towers, microwave dishes, temporary microwave links, and model other trans-receiving equipment) and all necessary or related equipment (including, without limitation, LAN room mechanical equipment units), and supplemental HVAC equipment on the roof of and/or adjacent to the Building (collectively, the “Equipment”), subject to the following terms, conditions and limitations: (a) the Equipment shall be placed in such equipment and detailed plans and locations on the roof or Property as is reasonably designated by Landlord; (b) the specifications for the proposed Equipment and the plans for the installation of such equipment. (b) Tenant thereof shall give Landlord be subject to Landlord’s prior written notice of any proposed changes consent (not to the Rooftop Equipment (whether or not such changes require Landlord’s consent). Any installation, removal or maintenance of the Rooftop Equipment, including the location and installation of all cables in the Building’s conduits, risers or equipment room, shall be (i) performed by a contractor approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned, and shall be deemed granted if Landlord fails to disapprove within ten (ii10) coordinated and scheduled with Landlord and days following Landlord’s receipt of Tenant’s written request); (iiic) performed in a good and workmanlike manner in compliance with all Laws and all governmental building, electric, communications and safety codes, ordinances, standards, regulations and requirements now in effect or hereafter promulgated and in a manner that will not damage the structural integrity installation of the BuildingEquipment shall, in all events, comply with the provisions of Article IX hereof; (d) Tenant shall be solely responsible for all costs and expenses incurred for the operation, maintenance, repair, replacement and removal of the Equipment, including but not limited to any electricity used by the Equipment, which consumption shall be measured, at Landlord’s option, by the submeter measuring Tenant’s electric consumption within the Premises, or an additional submeter which shall be installed at Tenant’s expense in order to measure such electric consumption; (e) Tenant shall obtain and maintain in full force and effect any approval required by any regulatory body having authority over the installation or operation of the Equipment, and, upon receipt of a written request from Landlord, shall deliver evidence of same to Landlord; (f) Tenant’s installation or operation of the Equipment shall not void any then- existing roof warranty; (g) subject to Section 13.3, Tenant shall indemnify, defend, and (x) shall not result in a breach of any applicable roof warranty for the Building or (y) be performed in a manner so as to result in technical interference with the broadcasting and transmissions to and from the Building by Landlord, Landlord’s affiliates hold harmless Landlord and Landlord’s other licensees agents from and users against all claims, demands, liabilities, causes of action, suits, judgments, damages and expenses (including litigation costs and attorneys’ fees) suffered by or claimed against them, directly or indirectly, based on or arising out of, or in any way relating to, directly or indirectly, in whole or in part, the presence of the Equipment at the Building. ; (ch) The Rooftop Tenant shall not be permitted to access the roof in order to service the Equipment, except on prior notice to, and in the presence of a representative of, Landlord (except in the case of an emergency, in which event Tenant shall be entitled to gain immediate access without prior notice to Landlord, but Tenant shall advise Landlord of such emergency and access as soon as reasonably practical; (i) the Equipment shall remain the personal property of Tenant be screened from public view; and shall be removed by Tenant at its own expense at (j) upon the expiration or earlier termination of this Lease, Tenant shall, at Landlord’s option, remove the Equipment, repair all damage caused thereby, and restore the affected portions of the roof to the condition existing immediately prior to the installation thereof reasonable wear and tear and effects of casualty and condemnation excepted. Tenant shall repair any damage caused by such removal, including the patching of any holes not be obligated to match, as closely as reasonably possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant shall, throughout the term of this Lease, maintain the Rooftop Equipment in proper operating condition consistent with Past Practice and, in any event, in accordance with all Laws. Tenant shall have access to the roof of the Building for the purpose of weekly maintenance of the Rooftop Equipment and otherwise consistent with Past Practice, and otherwise after reasonable notice pay to Landlord any rent, license or a designated CBS employee. (d) Tenant shall operate the Rooftop Equipment in compliance use fees with all applicable Laws (including the laws, requirements and regulations of the Federal Communications Commission and the Federal Aviation Authority). Landlord shall be responsible for maintaining all permits necessary for the operation of the Rooftop Equipment (except for any permits that relate solely to Tenant, which permits shall be Tenant’s sole responsibility to maintain) and shall supply such permits to Tenant upon request therefor. Any costs incurred pursuant to this Section 6(d) that relate solely respect to Tenant’s use occupancy of the Rooftop Equipment or the maintenance of any permits in connection therewith shall be the sole responsibility of Tenant. (e) Tenant acknowledges that Landlord’s use of the roof space for the broadcast and transmittal of signals for CBS Network Television, as conducted on the Commencement Date or in the future, is primary, but Equipment. Landlord acknowledges and agrees that such use by Landlord will continue to allow Tenant to use the roof consistent with Past Practice. Tenant will not knowingly operate the Rooftop Equipment in such a manner as to interfere with, electronically or otherwise, Landlord’s use of the roof for such broadcasting purposes or for the purpose of operating the Building, or with other users of equipment on the roof of the Building and agrees that, at no cost to Landlord, it shall cooperate with Tenant in the event Tenant’s pursuit of any such interference (whether occurring with or without Tenant’s knowledge)approvals, upon its knowledge of any such interference (whether obtained on its own or via notice received), Tenant will promptly modify its operation of the Rooftop Equipment in a manner that would no longer cause such interference. Landlord will not knowingly operate any Building rooftop equipment or allow any other user to operate any Building rooftop equipment in such a manner as to interfere with, electronically or otherwise, Tenant’s use of the roof and Rooftop Equipment consistent with Past Practice and agrees that, in the event of any such interference (whether occurring with or without Landlord’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Landlord will promptly modify its operationlicenses, or use reasonable efforts to cause other users to modify their operationpermits associated with the Equipment, as applicable, of Building rooftop equipment in a manner that would no longer cause such interferencewhich cooperation shall include executing any necessary owner’s consent. (f) Tenant shall indemnify and hold Landlord harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable to or arising out of the maintenance, repair, operation or removal of any of the Rooftop Equipment (other than any maintenance, repair, operation or removal of any of the Rooftop Equipment pursuant to Landlord’s request and solely for the purpose of accommodating Landlord’s operation or maintenance of Landlord’s rooftop equipment). Landlord shall indemnify and hold Tenant harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable to or arising out of the maintenance, repair, operation or removal of any of Landlord’s rooftop equipment (other than any maintenance, repair, operation or removal of any of Landlord’s rooftop equipment pursuant to Tenant’s request and solely for the purpose of accommodating Tenant’s operation or maintenance of the Rooftop Equipment).

Appears in 1 contract

Samples: Lease Agreement (Amarin Corp Plc\uk)

Roof Rights. (a) In consideration Subject to the satisfaction, in Landlord's reasonable judgment, of all of the Base Rent payable by Tenant under Section 3(a)conditions set forth in this Section, Tenant shall have the right to operate use throughout the Lease Term (including any extensions thereof) a reasonable portion of the roof area, at no additional rental cost, to install and maintain, at Tenant’s 's sole cost and expense, reasonable amounts and types of equipment (a) to support Tenant's Telecommunications Services (the "Communications Equipment"), and/or (b) supplemental HVAC equipment ("HVAC Equipment") on the roof roofs of the 500 Xxxx 00xx Xxxxxx Building and on Buildings for use in connection with Tenant's business in the roof Premises. Notwithstanding anything in this Section to the contrary, Tenant shall not be permitted to install the Communications Equipment and/or HV AC Equipment, as applicable, unless (i) Tenant's Communications Equipment and/or HVAC Equipment, as applicable, shall not interfere with any other satellite dish or antenna of any other current tenant in the Buildings as of the building located at 500 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 date of this Lease~ (the “500 Xxxx 00xx Xxxxxx Building” and together with the 500 Xxxx 00xx Xxxxxx Building, the “Building”), at ii) (A) such locations as shown on Exhibit “D” attached hereto, the rooftop equipment described on Exhibit “E” attached hereto (together with any and all additions thereto and replacements, substitutions and upgrades thereof, in each case, Communications Equipment conforms to the extent permitted hereunder, the “Rooftop Equipment”). Tenant shall have the right to replace any or all of the Rooftop Equipment with the same or substantially similar equipment that meets the specifications and requirements set forth in the TSA drawings and is not substantially greater in size than specifications prepared by a licensed professional (the replaced item(s"Communications Equipment Drawings"); provided, however, such other equipment which Communications Equipment Drawings shall not damage the structural integrity of the Building, shall not involve any actions which would result in a breach of any applicable roof warranty for the Building, and shall comply in all respects with all Laws. Any other replacements of the Rooftop Equipment shall require be subject to the prior written consent approval of Landlord, which consent may be withheld or granted in Landlord’s sole discretion. When requesting such consent, Tenant shall provide Landlord with all information reasonably requested by Landlord, including, but not limited to, make and model of such equipment and detailed plans and specifications for the proposed installation of such equipment. (b) Tenant shall give Landlord prior written notice of any proposed changes to the Rooftop Equipment (whether or not such changes require Landlord’s consent). Any installation, removal or maintenance of the Rooftop Equipment, including the location and installation of all cables in the Building’s conduits, risers or equipment room, shall be (i) performed by a contractor approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and/or (iiB) coordinated such HV AC Equipment conforms to the specifications and scheduled with Landlord requirements set forth in the drawings and specifications prepared by a licensed professional (the "HVAC Equipment Drawings"), which HVAC Equipment Drawings shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, (iii) performed in a good and workmanlike manner in compliance with all Laws and all governmental buildingLandlord approves, electric, communications and safety codes, ordinances, standards, regulations and requirements now in effect or hereafter promulgated and in a manner that will not damage the structural integrity of the Building, and (x) which approval shall not result in a breach of any applicable roof warranty for the Building be unreasonably conditioned, withheld or (y) be performed in a manner so as to result in technical interference with the broadcasting and transmissions to and from the Building by Landlord, Landlord’s affiliates and Landlord’s other licensees and users of the Building. (c) The Rooftop Equipment shall remain the personal property of Tenant and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as reasonably possibledelayed, the color surrounding the area where the equipment size, capacity, power, location and appurtenances were attached. Tenant shall, throughout the term proposed placement and method of this Lease, maintain the Rooftop installation of such Communications Equipment in proper operating condition consistent with Past Practice and, in any event, in accordance with all Laws. Tenant shall have access to the roof of the Building for the purpose of weekly maintenance of the Rooftop Equipment and otherwise consistent with Past Practice, and otherwise after reasonable notice to Landlord or a designated CBS employee. (d) Tenant shall operate the Rooftop Equipment in compliance with all applicable Laws (including the laws, requirements and regulations of the Federal Communications Commission and the Federal Aviation Authority). Landlord shall be responsible for maintaining all permits necessary for the operation of the Rooftop Equipment (except for any permits that relate solely to Tenant, which permits shall be Tenant’s sole responsibility to maintain) and shall supply such permits to Tenant upon request therefor. Any costs incurred pursuant to this Section 6(d) that relate solely to Tenant’s use of the Rooftop Equipment or the maintenance of any permits in connection therewith shall be the sole responsibility of Tenant. (e) Tenant acknowledges that Landlord’s use of the roof for the broadcast and transmittal of signals for CBS Network Television, as conducted on the Commencement Date or in the future, is primary, but Landlord acknowledges and agrees that such use by Landlord will continue to allow Tenant to use the roof consistent with Past Practice. Tenant will not knowingly operate the Rooftop Equipment in such a manner as to interfere with, electronically or otherwise, Landlord’s use of the roof for such broadcasting purposes or for the purpose of operating the Building, or with other users of equipment on the roof of the Building and agrees that, in the event of any such interference (whether occurring with or without Tenant’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Tenant will promptly modify its operation of the Rooftop Equipment in a manner that would no longer cause such interference. Landlord will not knowingly operate any Building rooftop equipment or allow any other user to operate any Building rooftop equipment in such a manner as to interfere with, electronically or otherwise, Tenant’s use of the roof and Rooftop Equipment consistent with Past Practice and agrees that, in the event of any such interference (whether occurring with or without Landlord’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Landlord will promptly modify its operation, or use reasonable efforts to cause other users to modify their operationand/or HV AC Equipment, as applicable, an4 (iv) Tenant obtains, at its sole cost and expense, and provides copies to Landlord of Building rooftop equipment all necessary governmental permits and approvals, including, without limitation, special exception permits, if applicable, for the installation of the Communications Equipment and/or HVAC Equipment, as applicable, upon the Buildings. Tenant, at Landlord's discretion, shall cause the Communications Equipment and/or HVAC Equipment, as applicable, to be painted in a manner that would no longer cause such interference. nonmetallic paint to match the materials on the roof. In addition, Tenant· shall not be permitted to install the Communications Equipment and/or HV AC Equipment, as applicable, unless (fI) Tenant shall indemnify contracts with Landlord's roofing contractor to retain the warranties and hold Landlord harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable to or arising out of the maintenance, repair, operation or removal of any of the Rooftop Equipment (other than any maintenance, repair, operation or removal of any of the Rooftop Equipment pursuant to Landlord’s request and solely guaranties for the purpose of accommodating Landlord’s operation or maintenance of Landlord’s rooftop equipment). roofs to the extent that Landlord shall indemnify will lose the warranties and hold Tenant harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable guaranties with respect to or arising out of the maintenance, repair, operation or removal of any of Landlord’s rooftop equipment (other than any maintenance, repair, operation or removal of any of Landlord’s rooftop equipment pursuant to Tenant’s request and solely for the purpose of accommodating Tenant’s operation or maintenance of the Rooftop Equipment).roofs,

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Roof Rights. (a) In consideration 44.01. Subject to the requirements of the Base Rent payable by Tenant under Section 3(a)this Article 44, Tenant shall have the right to operate may install, maintain and maintainoperate, at Tenant’s sole cost and expense, on the roof of the 500 Xxxx 00xx Xxxxxx Building telecommunications and on the roof of the building located at 500 Xxxx 00xx Xxxxxxwireless antennae, Xxx Xxxx, Xxx Xxxx 00000 microwave dishes and other communications equipment (the “500 Xxxx 00xx Xxxxxx Building” and together with the 500 Xxxx 00xx Xxxxxx Building, the “Building”), at such locations as shown on Exhibit “D” attached hereto, the rooftop equipment described on Exhibit “E” attached hereto (together with any and all additions thereto and replacements, substitutions and upgrades thereof, in each case, to the extent permitted hereundercollectively, the “Rooftop Equipment”). Tenant shall have the right to replace any or all of the Rooftop Equipment with the same or substantially similar equipment that meets the specifications set forth in the TSA and is not substantially greater in size than the replaced item(s); provided, however, such other equipment shall not damage the structural integrity of the Building, shall not involve any actions which would result in a breach of any applicable roof warranty for the Building, and shall comply in all respects with all Laws. Any other replacements of the Rooftop Equipment shall require the prior written consent of Landlord, which consent may be withheld or granted in Landlord’s sole discretion. When requesting such consent, Tenant shall provide Landlord with all information reasonably requested by Landlord, including, but not limited to, make and model of such equipment and detailed plans and specifications for the proposed installation of such equipment. (b) Tenant shall give Landlord prior written notice of any proposed changes to the Rooftop Equipment (whether or not such changes require Landlord’s consent). Any installation, removal or maintenance of the Rooftop Equipment, including the location and installation of all cables in the Building’s conduits, risers or equipment room, shall be (i) performed by a contractor approved by Landlord, which approval shall not be unreasonably withheld, (ii) coordinated and scheduled with Landlord and (iii) performed in a good and workmanlike manner in compliance with all Laws and all governmental building, electric, communications and safety codes, ordinances, standards, regulations and requirements now in effect or hereafter promulgated and in a manner that will not damage the structural integrity of the Building, and (x) shall not result in a breach of any applicable roof warranty for the Building or (y) be performed in a manner so as to result in technical interference with the broadcasting and transmissions to and from the Building by Landlord, Landlord’s affiliates and Landlord’s other licensees and users of the Building. (c) The Rooftop Equipment shall remain the personal property of Tenant and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as reasonably possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant shall, throughout the term of this Lease, maintain the Rooftop Equipment in proper operating condition consistent with Past Practice and, in any event, in accordance with all Laws. Tenant shall have access to the roof of the Building for the purpose of weekly maintenance of the Rooftop Equipment and otherwise consistent with Past Practice, and otherwise after reasonable notice to Landlord or a designated CBS employee. (d) Tenant shall operate the Rooftop Equipment in compliance with all applicable Laws (including the laws, requirements and regulations of the Federal Communications Commission and the Federal Aviation Authority). Landlord shall be responsible for maintaining all permits necessary for the operation of the Rooftop Equipment (except for any permits that relate solely to Tenant, which permits shall be Tenant’s sole responsibility to maintain) and shall supply such permits to Tenant upon request therefor. Any costs incurred pursuant to this Section 6(d) that relate solely to Tenant’s use of the Rooftop Equipment or the maintenance of any permits in connection therewith shall be the sole responsibility of Tenant. (e) Tenant acknowledges that Landlord’s use of the roof for the broadcast and transmittal of signals for CBS Network Television, as conducted on the Commencement Date or in the future, is primary, but Landlord acknowledges and agrees that such use structures therefor provided by Landlord will continue to allow Tenant to use the roof consistent with Past Practice. Tenant will not knowingly operate the Rooftop Equipment in such a manner as to interfere with, electronically or otherwise, Landlord’s use of the roof for such broadcasting purposes or for the purpose of operating the Building, or with other users of equipment on the roof of the Building and agrees that, run cables therefrom into the demised premises through up to four (4) inches of conduit space provided by Landlord in the event of any such interference (whether occurring with or without Tenant’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Tenant will promptly modify its operation locations as Landlord may designate. The size of the Rooftop Equipment in a manner that would no longer cause such interferenceEquipment, and the location thereof on the structure provided therefor on the roof of the Building, shall be subject to Landlord’s reasonable approval. Tenant shall not be required to pay Landlord will not knowingly operate any Building rooftop equipment or allow any other user to operate any Building rooftop equipment in such a manner as to interfere with, electronically or otherwise, rent for the use of the roof. Tenant acknowledges that: (i) Tenant’s use of the roof of the Building is a non-exclusive use and Landlord may permit any person or entity to use any other portion of the roof of the Building for any use; (ii) the installation of the Rooftop Equipment consistent shall be deemed to be a Tenant Alteration requiring Landlord’s approval in accordance with Past Practice the applicable provisions of this Lease; (iii) if Landlord’s structural engineer recommends that there be structural reinforcement of the roof of the Building in connection with the installation of the Rooftop Equipment, Landlord shall, prior to any installation of the Rooftop Equipment, perform the same at Tenant’s sole cost and agrees thatexpense in accordance with plans and specifications approved by Landlord; (iv) without limiting the other conditions set forth in this Article 44, such installation (including, without limitation, any structural reinforcements performed in connection therewith) shall be performed in compliance with all of the event provisions of Articles 3 and 32, and the other provisions of this Lease applicable to Tenant Alterations; (v) Tenant, at Tenant’s expense, shall comply with all Legal Requirements and procure and maintain all necessary permits and approvals required therefor (Tenant hereby acknowledging that Landlord is making no representations as to the permissibility of any Rooftop Equipment on the roof of the Building by any governmental authority having jurisdiction thereof, it being understood that Landlord shall, subject to reimbursement within 30 days’ demand, for all actual reasonable out-of-pocket expenses (including interest thereon at the Interest Rate from and after such interference thirtieth (whether occurring with or without Landlord’s knowledge30th) day until reimbursed), upon its knowledge of any reasonably cooperate with Tenant in connection with obtaining such interference permits (whether obtained on its own or via notice receivedat no liability to Landlord), Landlord will promptly modify its operationincluding, or use reasonable efforts without limitation, by executing and delivering to cause Tenant such applications, instruments and other users to modify their operation, documents as applicable, of Building rooftop equipment Tenant may reasonably request in a manner that would no longer cause such interference. connection therewith; (fvi) Tenant shall indemnify promptly repair any damage (whether structural or non-structural) caused to the roof or any other portion of the Building or its fixtures, equipment and hold Landlord harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise appurtenances by reason of any occurrence attributable to the installation, maintenance or arising out of the maintenance, repair, operation or removal of any of the Rooftop Equipment (other than any maintenanceor, repairat Landlord’s election, Landlord shall perform such repairs and Tenant shall reimburse Landlord for the actual reasonable out-of-pocket costs thereof within 30 days after rendition of a xxxx therefor); (vii) the installation, operation or removal of any and maintenance of the Rooftop Equipment pursuant to Landlord’s request shall not interfere with the operation and solely for the purpose of accommodating Landlord’s operation or maintenance of Landlord’s rooftop equipment). Landlord shall indemnify and hold any installations existing on the date Tenant harmless from and against any and all costs, damages, causes of action and liability installs the Rooftop Equipment; (including reasonable attorneys’ fees and court costs but excluding any consequential damagesviii) which may arise by reason of any occurrence attributable to or arising out of the maintenance, repair, operation or removal of any of Landlord’s rooftop equipment (other than any maintenance, repair, operation or removal of any of Landlord’s rooftop equipment pursuant to if Tenant’s request and solely for the purpose of accommodating Tenant’s installation, operation or maintenance of the Rooftop Equipment shall interfere with Landlord’s rights (including, without limitation, Landlord’s right to use the remainder of the roof of the Building for any purposes) or other present or future tenants in the Building, Tenant shall cooperate, at no cost to Tenant, with Landlord or such other tenants in eliminating such interference; provided that in cases where the interference affects installations existing on the date Tenant installs the Rooftop Equipment the cost of remedying such interference shall be borne by Tenant; and (ix) Tenant shall pay any additional or increased insurance premiums incurred by Landlord, and shall obtain and pay for any additional insurance coverage for the benefit of Landlord in such amount and of such type as Landlord may reasonably require in connection with the Rooftop Equipment).

Appears in 1 contract

Samples: Lease Agreement (Oppenheimer Holdings Inc)

Roof Rights. (a) In consideration Subject to the satisfaction, in Landlord’s reasonable judgment, of all of the Base Rent payable by Tenant under Section 3(a)conditions set forth in this Article, Tenant shall have the right to operate and maintainTenant, at Tenant’s sole cost and expense, may install and maintain, on Tenant’s proportionate share (as determined from time to time based upon the number of rentable square feet of office space Tenant is leasing in the Building from Landlord) of roof space available for tenants’ equipment (the “Rooftop Area”), the location of which shall be mutually agreed to by Landlord and Tenant, (i) satellite dishes or antennae (collectively, the “Communications Equipment”) on the roof of the 500 Xxxx 00xx Xxxxxx Building Building, and (ii) supplemental HVAC unit(s) or other similar reasonable equipment to support Tenant’s use and occupancy of the Premises on the roof of the building located at 500 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 Building (the “500 Xxxx 00xx Xxxxxx Building” and together with the 500 Xxxx 00xx Xxxxxx Buildingcollectively, the “BuildingHVAC Equipment”), at such locations as shown on Exhibit “D” attached hereto, for use in connection with Tenant’s business in the rooftop equipment described on Exhibit “E” attached hereto (together with any and all additions thereto and replacements, substitutions and upgrades thereof, Premises. Notwithstanding anything in each case, this Article to the extent permitted hereundercontrary, the “Rooftop Equipment”). Tenant shall have not be permitted to install the right Communications Equipment or the HVAC Equipment unless (x) such Communications Equipment and HVAC Equipment each conforms to replace any or all of the Rooftop Equipment with the same or substantially similar equipment that meets the specifications and requirements set forth in the TSA drawings and is not substantially greater in size than specifications prepared by a licensed professional (as applicable, the replaced item(s“Communications Equipment Drawings” and the “HVAC Equipment Drawings”); provided, however, such other equipment which Communications Equipment Drawings and HVAC Equipment Drawings shall not damage the structural integrity of the Building, shall not involve any actions which would result in a breach of any applicable roof warranty for the Building, and shall comply in all respects with all Laws. Any other replacements of the Rooftop Equipment shall require be subject to the prior written consent approval of Landlord, which consent may be withheld or granted in Landlord’s sole discretion. When requesting such consent, Tenant shall provide Landlord with all information reasonably requested by Landlord, including, but not limited to, make and model of such equipment and detailed plans and specifications for the proposed installation of such equipment. (b) Tenant shall give Landlord prior written notice of any proposed changes to the Rooftop Equipment (whether or not such changes require Landlord’s consent). Any installation, removal or maintenance of the Rooftop Equipment, including the location and installation of all cables in the Building’s conduits, risers or equipment room, shall be (i) performed by a contractor approved by Landlord, which approval shall not be unreasonably withheld, (ii) coordinated and scheduled with Landlord conditioned or delayed and (iiiy) performed Landlord approves, which approval shall not be unreasonably withheld or delayed, the size, capacity, power, location and proposed placement and method of installation of such Communications Equipment and HVAC Equipment (it being understood that Landlord may require, at Tenant’s expense, (I) any HVAC dry coolers that are a part of the HVAC Equipment to be elevated on platforms, and (II) louvers or undercuts to be added to the any screen wall, for purposes of air circulation). Tenant, at Landlord’s direction, shall cause the Communications Equipment and the HVAC Equipment to be painted in a good and workmanlike manner in compliance with all Laws and all governmental buildingnonmetallic paint to match the materials on the penthouse. In addition, electric, communications and safety codes, ordinances, standards, regulations and requirements now in effect or hereafter promulgated and in a manner that will not damage if the structural integrity installation of the Communications Equipment and/or the HVAC Equipment on the roof of the Building would penetrate the roof of the Building, and (x) then Tenant shall not result in a breach be permitted to install the Communications Equipment and/or the HVAC Equipment, as applicable, unless Tenant obtains the approval of any applicable roof warranty for the Building or (y) be performed in a manner so as to result in technical interference with the broadcasting and transmissions to and from the Building by Landlord, in writing, which approval shall be in Landlord’s affiliates sole discretion. The Communications Equipment and Landlord’s other licensees and users of the Building. (c) The Rooftop HVAC Equipment shall remain the personal property of Tenant be installed by a contractor reasonably acceptable to Landlord and thereafter shall be removed properly maintained by Tenant Tenant, all at its own expense at Tenant’s sole expense. At the expiration or earlier termination of this Leasethe Lease Term, the Communications Equipment and HVAC Equipment shall be removed from the Building at Tenant’s sole cost and expense and that portion of the Building that has been affected by the Communications Equipment and the HVAC Equipment shall be returned to the condition it was in prior to the installation of the Communications Equipment and the HVAC Equipment, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall repair any damage caused by such removalpay all subscription fees, including usage charges and hookup and disconnection fees associated with Tenant’s use of the patching Communications Equipment and the HVAC Equipment and Landlord shall have no liability therefor. All of any holes to match, as closely as reasonably possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant shall, throughout the term provisions of this Lease, maintain including, without limitation, the Rooftop insurance, maintenance, repair, release and indemnification provisions shall apply and be applicable to Tenant’s installation, operation, maintenance and removal of the Communications Equipment and the HVAC Equipment. (b) Except as shown on the Communications Equipment Drawings and/or the HVAC Equipment Drawings, as applicable, as reasonably approved by Landlord, Tenant shall not make any modification to the design, structure or systems of the Building, required in proper operating condition consistent connection with Past Practice andthe installation of the Communications Equipment and/or the HVAC Equipment without Landlord’s prior written approval of such modification and the plans therefor, which approval shall be granted, conditioned or withheld by Landlord in accordance with the standards for the initial installation thereof pursuant to Section 27.1(a) above. Tenant agrees that, in addition to any eventindemnification provided Landlord in this Lease, Tenant shall indemnify and shall hold Landlord and Boston Properties, Inc., Boston Properties Limited Partnership, Xxxxxxxx’s managing agent, and their employees, shareholders, partners, members, officers and directors, harmless from and against all costs, damages, claims, liabilities and expenses (including attorneys’ fees and any costs of litigation) suffered by or claimed against Landlord, directly or indirectly, based on, arising out of or resulting from Xxxxxx’s use of the Communications Equipment and the HVAC Equipment and/or the conduits to connect the Premises to the Communications Equipment and the HVAC Equipment. (c) Tenant, at its sole cost and expense, shall secure all necessary permits and approvals from all applicable governmental agencies with respect to the size, placement and installation of the Communications Equipment and the HVAC Equipment (and Landlord shall reasonably cooperate in good faith with Tenant upon request, at no cost or expense to Landlord, in connection with Tenant’s efforts to obtain all such permits and approvals). In the event Tenant is unable to obtain the necessary approvals and permits from any applicable federal, state, county or other local governing authorities for the Communications Equipment and/or the HVAC Equipment, Tenant shall have no remedy, claim, cause of action or recourse against Landlord, nor shall such failure or inability to obtain any necessary permits or approvals provide Tenant the opportunity to terminate this Lease. (d) Landlord makes no representations or warranties concerning the suitability of the Building for the installation operation, maintenance and repair of the Communications Equipment or the HVAC Equipment, Tenant having satisfied itself concerning such matters. (e) Tenant shall not have access to the Communications Equipment or the HVAC Equipment without Landlord’s prior written consent, which consent shall be granted to the extent necessary for Tenant to perform its maintenance, repair, replacement, installation and removal obligations hereunder and only if Tenant is accompanied by Xxxxxxxx’s representative (if Landlord so requests, in which event Landlord and Tenant shall coordinate reasonably to accomplish the same). Any such access by Tenant shall be subject to reasonable rules and regulations relating thereto established from time to time by Landlord, including without limitation rules and regulations prohibiting such access unless Tenant is accompanied by Xxxxxxxx’s representative and Xxxxxx’s agreement to reimburse Landlord for costs incurred by Landlord to make Xxxxxxxx’s representative available to accompany Tenant if after normal business hours. (f) Upon at least thirty (30) days’ prior written notice to Tenant, Landlord shall have the right to require Tenant to relocate the Communications Equipment and/or the HVAC Equipment, if in Landlord’s opinion such relocation is necessary. Any such relocation shall be performed by Tenant at Landlord’s expense, and in accordance with all Lawsof the requirements of this Article. Nothing in this Article shall be construed as granting Tenant any line of sight easement with respect to such Communications Equipment; provided, however, that if Landlord requires that such antenna be relocated in accordance with the preceding two (2) sentences, then Landlord shall use reasonable efforts to provide either (i) the same line of sight for such Communications Equipment as was available prior to such relocation, or (ii) a line of sight for such Communications Equipment which is functionally equivalent to that available prior to such relocation. (g) It is expressly understood that by granting Tenant the right hereunder, Landlord makes no representation as to the legality of such Communications Equipment or HVAC Equipment or its installation. In the event that any federal, state, county, regulatory or other authority requires the removal or relocation of such Communications Equipment and/or HVAC Equipment, Tenant shall have access remove or relocate such Communications Equipment and/or HVAC Equipment at Tenant’s sole cost and expense, and Landlord shall under no circumstances be liable to Tenant therefor. (h) Tenant’s rights under this Article are personal to and may be exercised only by FireEye, Inc. and shall not be exercisable by any assignee or subtenant of FireEye, Inc., except an assignee constituting an Affiliate of Tenant or a Parent of Tenant under section 7.4 of the Lease. (i) Except as otherwise expressly provided for in this Article XXVII, Xxxxxx’s right to use the roof of the Building for the purpose of weekly Communications Equipment and the HVAC Equipment shall be at no additional rental charge to Tenant during the Lease Term. 27.2 Tenant shall maintain such insurance as is appropriate with respect to the installation, operation and maintenance of the Rooftop Communications Equipment and otherwise consistent with Past Practice, and otherwise after reasonable notice to Landlord or a designated CBS employee. (d) Tenant shall operate the Rooftop Equipment in compliance with all applicable Laws (including the laws, requirements and regulations of the Federal Communications Commission and the Federal Aviation Authority)HVAC Equipment. Landlord shall be responsible for maintaining all permits necessary for have no liability on account of any damage to or interference with the operation of the Rooftop Communications Equipment (or the HVAC Equipment except for any permits that relate solely physical damage caused by Landlord’s gross negligence or willful misconduct and Landlord expressly makes no representations or warranties with respect to Tenant, which permits the capacity for Communications Equipment placed on the roof or penthouse of the Building to receive or transmit signals. The operation of the Communications Equipment and the HVAC Equipment shall be at Tenant’s sole responsibility and absolute risk. Upon the written request of Tenant from time to maintain) time, Landlord shall cause any subsequent roof user who installs roof equipment after the Communications Equipment and shall supply the HVAC Equipment is installed and operational to modify or discontinue such permits to Tenant upon request therefor. Any costs incurred pursuant to this Section 6(d) that relate solely to roof use if the same unreasonably interferes with Tenant’s use of the Rooftop previously installed and operational Communications Equipment or the maintenance of any permits in connection therewith shall be the sole responsibility of Tenant. (e) Tenant acknowledges that Landlord’s use of the roof for the broadcast and transmittal of signals for CBS Network Television, as conducted on the Commencement Date or in the future, is primary, but Landlord acknowledges and agrees that such use by Landlord will continue to allow Tenant to use the roof consistent with Past Practice. Tenant will not knowingly operate the Rooftop Equipment in such a manner as to interfere with, electronically or otherwise, Landlord’s use of the roof for such broadcasting purposes or for the purpose of operating the Building, or with other users of equipment on the roof of the Building and agrees that, in the event of any such interference (whether occurring with or without Tenant’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Tenant will promptly modify its operation of the Rooftop Equipment in a manner that would no longer cause such interference. Landlord will not knowingly operate any Building rooftop equipment or allow any other user to operate any Building rooftop equipment in such a manner as to interfere with, electronically or otherwise, Tenant’s use of the roof and Rooftop Equipment consistent with Past Practice and agrees that, in the event of any such interference (whether occurring with or without Landlord’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Landlord will promptly modify its operation, or use reasonable efforts to cause other users to modify their operationand/or HVAC Equipment, as applicable, of Building rooftop equipment in a manner that would no longer cause such interference. (f) Tenant shall indemnify and hold Landlord harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable to or arising out of the maintenance, repair, operation or removal of any of the Rooftop Equipment (other than any maintenance, repair, operation or removal of any of the Rooftop Equipment pursuant to Landlord’s request and solely for the purpose of accommodating Landlord’s operation or maintenance of Landlord’s rooftop equipment). Landlord shall indemnify and hold Tenant harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable to or arising out of the maintenance, repair, operation or removal of any of Landlord’s rooftop equipment (other than any maintenance, repair, operation or removal of any of Landlord’s rooftop equipment pursuant to Tenant’s request and solely for the purpose of accommodating Tenant’s operation or maintenance of the Rooftop Equipment).

Appears in 1 contract

Samples: Lease Agreement (Mandiant, Inc.)

Roof Rights. (a) In consideration Provided Tenant is not in default of the Base Rent payable by Tenant under Section 3(a)any of its obligations hereunder, Tenant shall have the conditional right to operate install and maintainmaintain up to eight (8) antenna dishes of not more than forty (40) inches in height and any associated equipment (including cabling or other conduits between the said rooftop equipment itself and the Premises) (collectively, at Tenant’s sole cost and expense, "Communications Equipment") on the roof of the 500 Xxxx 00xx Xxxxxx Building and on in the roof of the building located at 500 Xxxx 00xx Xxxxxxlocations specified in Exhibit M, Xxx Xxxxwhich is incorporated herein by this reference, Xxx Xxxx 00000 (the “500 Xxxx 00xx Xxxxxx Building” and together in accordance with the 500 Xxxx 00xx Xxxxxx Buildingterms of this Section 15.26, the “Building”), at such locations as shown on Exhibit “D” attached hereto, the rooftop equipment described on Exhibit “E” attached hereto (together with any and all additions thereto and replacements, substitutions and upgrades thereof, in each case, to the extent permitted hereunder, the “Rooftop Equipment”). Tenant shall have the right to replace any or all of the Rooftop Equipment accordance with the same or substantially similar equipment that meets the specifications set forth specifications, if any, contained in the TSA and is not substantially greater in size than the replaced item(s); provided, however, Exhibit M. (b) Prior to installing any such other equipment shall not damage the structural integrity of the Building, shall not involve any actions which would result in a breach of any applicable roof warranty for the Building, and shall comply in all respects with all Laws. Any other replacements of the Rooftop Equipment shall require the prior written consent of Landlord, which consent may be withheld or granted in Landlord’s sole discretion. When requesting such consentCommunications Equipment, Tenant shall provide Landlord with all information reasonably requested by Landlord, including, but not limited to, make and model of such equipment and submit detailed plans and specifications therefor to Landlord for its review. Said plans and specifications shall describe in detail the proposed size, weight, color, number and configuration of the Communications Equipment, 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 contractor who will perform such installation. All such plans shall be subject to Landlord's prior written approval, and the size, weight, color, number (provided that Landlord may not determine that the number of pieces of Communications Equipment shall be zero) configuration and location of such Communications Equipment may be limited by Landlord in its sole and absolute discretion. In addition, 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 Communications 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 Communications Equipment until: (i) Landlord has provided Tenant with Landlord's prior written approval of final plans therefor in accordance with the terms of this subparagraph (b), and (ii) Tenant has provided Landlord with written proof that Tenant has obtained all licenses, permits and approvals from applicable government authorities necessary for the proposed installation and operation of such equipmentsaid Communications Equipment. (bc) Tenant The installation, operation and maintenance of the Communications 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 Communications Equipment shall give Landlord be modified, removed or relocated (subject to Landlord's prior written notice approval) from time to time by Tenant in order to ensure continued compliance with the foregoing requirements. Landlord's approval of any proposed changes 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 subsequent maintenance of the Communications Equipment shall be subject to such reasonable regulations and restrictions as are imposed thereon by Landlord. In the Rooftop Equipment (whether or not such changes require Landlord’s consent). Any installation, removal event that the installation or maintenance of the Rooftop EquipmentCommunications Equipment results in damage to the Building or the Project, including or Landlord incurs any liability relating to or arising from the location and installation of all cables in the Building’s conduitssame, risers or equipment room, shall be Tenant agrees: (i) performed to pay Landlord on demand the costs incurred by a contractor approved Landlord in repairing any such damage if Tenant has failed to repair the same within ten (10) days of Landlord's written notice regarding the same (or such shorter period as Landlord deems necessary to ensure the proper condition of the roof), and (ii) to indemnify Landlord against any such liability. Tenant's rights under this Section 15.26 shall not include any rights on the part of Tenant or Tenant's Agents to directly access the roof at any time. All such access to the roof shall be obtained by prior request to Landlord, which approval whose permission for such access shall not be unreasonably withheld, (ii) coordinated and scheduled with Landlord and (iii) performed in a good and workmanlike manner in compliance with all Laws and all governmental building, electric, communications and safety codes, ordinances, standards, regulations and requirements now in effect conditioned or hereafter promulgated and in a manner that will not damage the structural integrity of the Building, and (x) shall not result in a breach of any applicable roof warranty for the Building or (y) be performed in a manner so as to result in technical interference with the broadcasting and transmissions to and from the Building by Landlord, Landlord’s affiliates and Landlord’s other licensees and users of the Building. (c) The Rooftop Equipment shall remain the personal property of Tenant and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as reasonably possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant shall, throughout the term of this Lease, maintain the Rooftop Equipment in proper operating condition consistent with Past Practice and, in any event, in accordance with all Laws. Tenant shall have access to the roof of the Building for the purpose of weekly maintenance of the Rooftop Equipment and otherwise consistent with Past Practice, and otherwise after reasonable notice to Landlord or a designated CBS employeedelayed. (d) Tenant shall operate pay all costs associated with the Rooftop Equipment in compliance design, installation, maintenance, operation, relocation and removal of the Communications Equipment. Tenant shall reimburse Landlord, as additional rent, for any costs incurred by Landlord with all applicable Laws respect to the Communications Equipment, including but not limited to: (including i) any increased insurance premiums,(ii) any engineering or architectural fees related to reviewing the lawsaforesaid plans and specifications, and (iii) any legal fees related to the review of the aforesaid requirements and regulations 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 Federal Communications Commission and the Federal Aviation Authority). Landlord shall be responsible for maintaining all permits necessary for the operation installation, existence, operation, maintenance, relocation or removal of the Rooftop Equipment (except for Communications Equipment. Tenant covenants not to damage the roof or any permits that relate solely to Tenant, which permits shall be Tenant’s sole responsibility to maintain) and shall supply such permits to Tenant upon request therefor. Any costs incurred pursuant to this Section 6(d) that relate solely to Tenant’s use other part of the Rooftop Equipment Building or the Project in the course of installing, maintaining and removing the Communications Equipment. Except as expressly set forth in the approved plans therefor, no such installation, maintenance or removal of the Communications Equipment shall involve any permits in connection therewith shall be penetration of the sole responsibility of TenantBuilding's roof or exterior walls. (e) Tenant acknowledges covenants that Landlord’s use the installation, maintenance, operation, relocation and removal of the roof for the broadcast and transmittal of signals for CBS Network Television, as conducted on the Commencement Date or Communications Equipment shall in the future, is primary, but Landlord acknowledges and agrees that such use by Landlord will continue to allow Tenant to use the roof consistent no way interfere with Past Practice. Tenant will not knowingly operate the Rooftop Equipment in such a manner as to interfere with, electronically or otherwise, Landlord’s use 's operation of the roof for such broadcasting purposes or for the purpose of operating the Building, 's systems or with other users tenants' use of equipment on the roof their premises or operation of the Building and agrees that, in their equipment. In the event of any such interference interference, the Communications Equipment shall be modified, removed or relocated (whether occurring with 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 Communications Equipment in order to allow Landlord to complete repairs, maintenance or without Tenant’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Tenant will promptly modify its operation modification of the Rooftop Equipment in a manner that would no longer cause such interferenceBuilding. Landlord will not knowingly operate any Building rooftop equipment or allow any other user to operate any Building rooftop equipment in such a manner as to interfere with, electronically or otherwise, Tenant’s use of the roof and Rooftop Equipment consistent with Past Practice and agrees that, In exercising its rights set forth in the event of any such interference (whether occurring with or without Landlord’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received)immediately preceding sentence, Landlord will promptly modify its operation, or use reasonable efforts to cause other users to modify their operation, as applicable, minimize any interference with Tenant's use of Building rooftop equipment in a manner that would no longer cause such interferencethe Communications Equipment. (f) Tenant shall indemnify and hold Landlord harmless from and against use any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) such Communications Equipment for corporate purposes only. No Communications Equipment which may arise by reason of any occurrence attributable Tenant is permitted to or arising out install on the roof of the maintenance, repair, operation Building in accordance with the terms of this Section 15.26 shall be utilized by anyone other than Tenant or removal an Affiliate of Tenant or in any manner as a source of revenue to Tenant not related to Tenant's regular business operations (it being the intent of the Rooftop Equipment parties, that Tenant may not sublease, sell or otherwise transfer its rights under this Section 15.26 to a third party as a separate source of revenue to Tenant). (other than any maintenance, repair, g) The maintenance and operation or removal of any of the Rooftop Communications Equipment pursuant shall be at Tenant's sole risk, and any damage to Landlord’s request the Communications 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 solely for operate the purpose Communications Equipment shall in no 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 Communications Equipment, Tenant shall promptly remove the same. The rights of accommodating Landlord’s operation Tenant set forth in this Section 15.26 are personal to the named Tenant herein and its Affiliates (as defined in Article VII hereof) and may not be assigned, sublet or maintenance otherwise transferred to any third person or entity (notwithstanding a permitted assignment, sublease or other transfer of Landlord’s rooftop equipmentTenant's other rights hereunder) except to an Affiliate of Tenant (as defined in Article VII hereof). Landlord shall indemnify and hold Tenant harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable Prior to the expiration or arising out termination of the maintenanceLease Term, repair, operation or removal Tenant shall remove the Communications Equipment from the Building and restore the same to its condition prior to the installation thereof. Tenant's failure to so remove the same shall constitute an Event of any of Landlord’s rooftop equipment Default under this Lease and a holdover by Tenant in the Premises. (other than any maintenance, repair, operation or removal of any of Landlord’s rooftop equipment pursuant signature pages to Tenant’s request and solely for the purpose of accommodating Tenant’s operation or maintenance of the Rooftop Equipmentfollow).

Appears in 1 contract

Samples: Deed of Lease (Microstrategy Inc)

Roof Rights. (a) In consideration of Subject to all governmental laws, rules and regulations and compliance with the Base Rent payable by Tenant under Section 3(a)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 servicing the business conducted by Tenant from within the Premises, at a location on the roof of the Building as reasonably requested by Tenant and reasonably approved by Landlord in writing; provided, however, in no event shall Tenant be permitted to use more than twenty-five percent (25%) of the space available for such Communications Equipment on the roof of the Building. Subject to the applicable restrictions below, as of April 1, 2003, Landlord hereby approves Tenant’s existing Tenant’s Communication Equipment. Tenant’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions: (i) Tenant’s right to install, replace, repair, remove, operate and maintainmaintain the Communication Equipment shall be subject to all governmental 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 prior written consent which shall not be unreasonably withheld or delayed. In addition, the installation, protection for roof membrane, specifications for roof penetration and flashing shall be subject to Landlord’s prior written consent, which shall not be unreasonably withheld or delayed. (iii) All costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including, without limitation, costs of obtaining any necessary permits and of connections to the Building’s electrical system) shall be borne by Tenant. All such Communication Equipment shall be screened to commercially reasonable standards and to prevent visual impairment. Tenant shall be responsible for the replacement, repair and maintenance, at Tenant’s sole cost and expense, of those areas on the roof of the 500 Xxxx 00xx Xxxxxx Building and on the roof of the building located at 500 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (the “500 Xxxx 00xx Xxxxxx Building” and together with the 500 Xxxx 00xx Xxxxxx Building, the “Building”), at such locations as shown on Exhibit “D” attached hereto, the rooftop equipment described on Exhibit “E” attached hereto (together with any and all additions thereto and replacements, substitutions and upgrades thereof, in each case, surrounding Tenant’s Communication Equipment to the extent permitted hereunderany 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 “Rooftop Equipment”). contrary contained in this Lease. (iv) Tenant shall 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 right Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to replace receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant 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, or utilized by, any other person or all of the Rooftop Equipment entity with the same or substantially similar equipment that meets the specifications set forth in the TSA and is not substantially greater in size than the replaced item(sexception of any Permitted Affiliate (“Qualifying Transferee”); provided, however, such other equipment shall not damage the structural integrity of the Building, shall not involve any actions which would result in a breach of any applicable roof warranty for the Building, and shall comply in all respects Qualifying Transferee’s rights with all Laws. Any other replacements of the Rooftop respect to Communication Equipment shall require be subject to all the prior written consent terms and conditions of Landlord, which consent may be withheld or granted in Landlord’s sole discretionthis Article 22. When requesting such consentOther than Qualifying Transferees, Tenant shall provide Landlord with all information reasonably requested by Landlord, including, but not limited to, make and model be permitted to allow any third party to use any portion of such equipment and detailed plans and specifications the roof for the proposed installation of such equipment. (b) Tenant shall give Landlord prior written notice of any proposed changes to the Rooftop Communication Equipment (whether or not such changes require otherwise without Landlord’s consent). Any installation, removal or maintenance of the Rooftop Equipment, including the location and installation of all cables in the Building’s conduits, risers or equipment room, shall be (i) performed by a contractor approved by Landlord, which approval shall not be unreasonably withheld. (vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) coordinated promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or use of the Communication Equipment and scheduled comply with Landlord all precautions and safeguards recommended by all governmental authorities, and (iii) performed in a good and workmanlike manner in compliance with pay for all Laws necessary repairs, replacements to or maintenance of the Communication Equipment and all governmental building, electric, communications roof repairs required by the installation and safety codes, ordinances, standards, regulations and requirements now in effect or hereafter promulgated and in a manner that will not damage the structural integrity maintenance of the Building, and (x) shall not result in a breach of any applicable roof warranty for the Building or (y) be performed in a manner so as to result in technical interference with the broadcasting and transmissions to and from the Building by Landlord, Landlord’s affiliates and Landlord’s other licensees and users of the BuildingCommunication Equipment. (cviii) The Rooftop Communication Equipment shall remain the personal sole property of Tenant. Tenant shall remove the Communication Equipment and related equipment at Tenant’s sole expense upon the expiration or sooner termination of this Lease or upon the imposition of any governmental law or regulation which may require removal, and shall be removed repair the Building upon such removal to the extent required by such work of removal. If Tenant at its own expense at fails to remove the Communication Equipment and repair the Building within thirty (30) days after the expiration or earlier termination of this Lease. Tenant shall repair any damage caused by Lease with respect to such removalBuilding, including the patching of any holes to match, as closely as reasonably possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant shall, throughout the term of this Lease, maintain the Rooftop Equipment in proper operating condition consistent with Past Practice and, in any event, in accordance with all Laws. Tenant shall have access to the roof of the Building for the purpose of weekly maintenance of the Rooftop Equipment and otherwise consistent with Past Practice, and otherwise after reasonable notice to Landlord or a designated CBS employeemay do so at Tenant’s expense. (dix) Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any rooftop space, and (ii) to re-sell, license or lease of any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall operate not materially interfere with (or preclude the Rooftop Equipment in compliance with all applicable Laws (including the laws, requirements and regulations of the Federal Communications Commission and the Federal Aviation Authority). Landlord shall be responsible for maintaining all permits necessary for the operation of the Rooftop Equipment (except for any permits that relate solely to Tenant, which permits shall be installation of) Tenant’s sole responsibility to maintain) and shall supply such permits to Tenant upon request therefor. Any costs incurred pursuant to this Section 6(d) that relate solely to Tenant’s use of the Rooftop Equipment or the maintenance of any permits in connection therewith shall be the sole responsibility of TenantCommunication Equipment. (e) Tenant acknowledges that Landlord’s use of the roof for the broadcast and transmittal of signals for CBS Network Television, as conducted on the Commencement Date or in the future, is primary, but Landlord acknowledges and agrees that such use by Landlord will continue to allow Tenant to use the roof consistent with Past Practice. Tenant will not knowingly operate the Rooftop Equipment in such a manner as to interfere with, electronically or otherwise, Landlord’s use of the roof for such broadcasting purposes or for the purpose of operating the Building, or with other users of equipment on the roof of the Building and agrees that, in the event of any such interference (whether occurring with or without Tenant’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Tenant will promptly modify its operation of the Rooftop Equipment in a manner that would no longer cause such interference. Landlord will not knowingly operate any Building rooftop equipment or allow any other user to operate any Building rooftop equipment in such a manner as to interfere with, electronically or otherwise, Tenant’s use of the roof and Rooftop Equipment consistent with Past Practice and agrees that, in the event of any such interference (whether occurring with or without Landlord’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Landlord will promptly modify its operation, or use reasonable efforts to cause other users to modify their operation, as applicable, of Building rooftop equipment in a manner that would no longer cause such interference. (f) Tenant shall indemnify and hold Landlord harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable to or arising out of the maintenance, repair, operation or removal of any of the Rooftop Equipment (other than any maintenance, repair, operation or removal of any of the Rooftop Equipment pursuant to Landlord’s request and solely for the purpose of accommodating Landlord’s operation or maintenance of Landlord’s rooftop equipment). Landlord shall indemnify and hold Tenant harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable to or arising out of the maintenance, repair, operation or removal of any of Landlord’s rooftop equipment (other than any maintenance, repair, operation or removal of any of Landlord’s rooftop equipment pursuant to Tenant’s request and solely for the purpose of accommodating Tenant’s operation or maintenance of the Rooftop Equipment).

Appears in 1 contract

Samples: Office Lease and Settlement Agreement (Peregrine Systems Inc)

Roof Rights. (a) In consideration of the Base Rent payable by Tenant under Section 3(a), Tenant shall have the conditional right to operate install and maintainmaintain a reasonable number of communication dishes, at Tenant’s sole cost supplemental HVAC units and expensesatellite dishes, all for its own use (collectively the “Equipment”) on the roof of the 500 Xxxx 00xx Xxxxxx Building in accordance with the terms of this Section. (b) Prior to installing any such 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 Equipment and any associated equipment (including cabling or other conduits between the Equipment itself and the Premises), the proposed location of the same on the roof of the building located at 500 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (the “500 Xxxx 00xx Xxxxxx Building” and together with the 500 Xxxx 00xx Xxxxxx Building, the “Building”)manner in which the same shall be installed and removed, at and the name and license number of the competent Maryland licensed contractor who will perform such locations as shown on Exhibit “D” attached heretoinstallation. All such plans shall be subject to Landlord’s prior written approval, the rooftop equipment described on Exhibit “E” attached hereto (together with any size and all additions thereto and replacements, substitutions and upgrades thereof, location of such Equipment may be limited by Landlord in each case, to the extent permitted hereunder, the “Rooftop Equipment”). Tenant shall have the right to replace any or all of the Rooftop Equipment with the same or substantially similar equipment that meets the specifications set forth in the TSA and is not substantially greater in size than the replaced item(s); provided, however, such other equipment shall not damage the structural integrity of the Building, shall not involve any actions which would result in a breach of any applicable roof warranty for the Buildingits reasonable discretion, and shall comply in all respects with all Laws. Any other replacements of the Rooftop Equipment shall require the prior written consent of Landlord, which consent Landlord may be withheld or granted in Landlord’s sole discretion. When requesting such consent, Tenant shall provide Landlord with all information reasonably requested by Landlord, including, but not limited to, make and model of such equipment and detailed plans and specifications for the proposed installation of such equipment. (b) Tenant shall give Landlord prior written notice of request any proposed reasonable additional changes to the Rooftop Equipment (whether or not such changes require plans and specifications, as Landlord, in its reasonable discretion, deems necessary to protect the structure and aesthetic appearance of the Building and/or Landlord’s consent)ability to properly maintain and operate the Building. Any installationAs a result, removal or maintenance of the Rooftop Equipment, including the location design and installation of all cables in the Building’s conduits, risers or equipment room, said 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 Equipment until: (i) performed by a contractor approved by Landlord has provided Tenant with Landlord’s prior written approval of final plans therefore, which approval shall not be unreasonably withheld, and (ii) coordinated Tenant has provided Landlord with written proof that Tenant has obtained all licenses, permits and scheduled with Landlord and (iii) performed in a good and workmanlike manner in compliance with all Laws and all governmental building, electric, communications and safety codes, ordinances, standards, regulations and requirements now in effect or hereafter promulgated and in a manner that will not damage the structural integrity of the Building, and (x) shall not result in a breach of any approvals from applicable roof warranty government authorities necessary for the Building or (y) be performed in a manner so as to result in technical interference with the broadcasting installation and transmissions to and from the Building by Landlord, Landlord’s affiliates and Landlord’s other licensees and users operation of the Buildingsaid Equipment. (c) The Rooftop installation, operation and maintenance of the 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 State of Maryland, 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 Equipment shall remain 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 personal property foregoing requirements. Landlord’s approval of Tenant 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 subsequent maintenance of the Equipment shall be removed subject to such reasonable regulations and restrictions as are imposed thereon by Tenant at its own expense at the expiration or earlier termination of this LeaseLandlord. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as reasonably possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant shall, throughout the term of this Lease, maintain the Rooftop Equipment in proper operating condition consistent with Past Practice and, in any event, in accordance comply with all Lawsrequirements of Landlord so as not to void Landlord’s roof warranty. Tenant shall have access to In the roof of event that the Building for the purpose of weekly installation or maintenance of the Rooftop Equipment and otherwise consistent with Past Practiceresults 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 otherwise after reasonable notice (ii) to indemnify Landlord or a designated CBS employeeagainst any such liability. (d) Tenant shall operate pay all costs associated with the Rooftop Equipment design, installation, maintenance, operation, relocation and removal of the Equipment. Tenant shall reimburse Landlord, as additional rent, for any reasonable costs incurred by Landlord with respect to the Equipment, including but not limited to: (i) any increased insurance premiums incurred by Landlord, (ii) any third party 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 compliance with all applicable Laws lieu of incurring such fees, and (including iii) any reasonable legal fees (excluding fees attributed to Landlord’s in-house counsel) related to the laws, review of the aforesaid requirements and regulations 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 Federal Communications Commission and the Federal Aviation Authority). Landlord shall be responsible for maintaining all permits necessary for the operation installation, operation, maintenance, relocation or removal of the Rooftop Equipment (except for Equipment. Tenant covenants not to damage the roof or any permits that relate solely to Tenant, which permits shall be Tenant’s sole responsibility to maintain) and shall supply such permits to Tenant upon request therefor. Any costs incurred pursuant to this Section 6(d) that relate solely to Tenant’s use other part of the Rooftop Equipment Building or the Project in the course of installing, maintaining and removing the Equipment. Except as expressly set forth in the approved plans therefore, no such installation, maintenance or removal of the Equipment shall involve any permits in connection therewith shall be penetration of the sole responsibility of TenantBuilding’s roof or exterior walls. (e) Tenant acknowledges covenants that the installation, maintenance, operation, relocation and removal of the 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 roof for the broadcast and transmittal of signals for CBS Network Television, as conducted on the Commencement Date or in the future, is primary, but Landlord acknowledges and agrees that such use by Landlord will continue to allow Tenant to use the roof consistent with Past PracticeProject. Tenant will not knowingly operate the Rooftop Equipment in such a manner as to interfere with, electronically or otherwise, Landlord’s use of the roof for such broadcasting purposes or for the purpose of operating the Building, or with other users of equipment on the roof of the Building and agrees that, in In the event of any such interference interference, the Equipment shall be modified, removed or relocated (whether occurring with 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 without Tenant’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Tenant will promptly modify its operation modification of the Rooftop Equipment Building. In exercising its rights set forth in a manner that would no longer cause such interference. the immediately preceding sentence, Landlord will not knowingly operate use reasonable efforts to minimize any Building rooftop equipment or allow any other user to operate any Building rooftop equipment in such a manner as to interfere with, electronically or otherwise, interference with Tenant’s use of the roof and Rooftop Equipment consistent with Past Practice and agrees that, in the event of any such interference (whether occurring with or without Landlord’s knowledge), upon its knowledge of any such interference (whether obtained on its own or via notice received), Landlord will promptly modify its operation, or use reasonable efforts to cause other users to modify their operation, as applicable, of Building rooftop equipment in a manner that would no longer cause such interferenceEquipment. (f) Tenant shall indemnify and hold Landlord harmless from and against use any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) such communications equipment for internal corporate purposes only. No Equipment which may arise by reason of any occurrence attributable Tenant is permitted to or arising out install on the roof of the maintenance, repair, 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 or removal of any of the Rooftop 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 any applicable government authority or other legal requirement prevents Tenant from operating or maintaining the Equipment, Tenant shall promptly remove the same. The rights of Tenant set forth in this Section are personal to the named Tenant herein and may not be assigned, sublet or otherwise transferred to any third person or entity (notwithstanding a permitted assignment, sublease or other than any maintenance, repair, operation transfer of Tenant’s other rights hereunder) except to an Affiliate of Tenant (as defined in Section 7.01 hereof). Prior to the expiration or removal of any termination of the Rooftop Term, if required by Landlord at the time that consent to the installation of such Equipment pursuant is granted, Tenant shall remove the Equipment from the Building and restore the same to Landlord’s request and solely for its condition prior to the purpose of accommodating Landlord’s operation or maintenance of Landlord’s rooftop equipment)installation thereof. Landlord shall indemnify and hold Tenant harmless from and against any and all costs, damages, causes of action and liability (including reasonable attorneys’ fees and court costs but excluding any consequential damages) which may arise by reason of any occurrence attributable to or arising out of the maintenance, repair, operation or removal of any of Landlord’s rooftop equipment (other than any maintenance, repair, operation or removal of any of Landlord’s rooftop equipment pursuant to Tenant’s request and solely for failure to so remove the purpose same shall constitute a default subject to Article 8.00 of accommodating Tenant’s operation or maintenance of the Rooftop Equipment)this Lease.

Appears in 1 contract

Samples: Deed of Lease (Vocus, Inc.)