Roof Rights. So long as this Lease is in full force and effect, Tenant shall have the right, at its sole cost and expense, to erect, install and maintain an antenna, dish or similar communications device and related equipment on the roof of the Premises, as well as cabling and related equipment from the roof of the Premises to the Premises (the “Equipment”), subject to the following terms and conditions: (a) The type, location, method of attachment, size, shape, height, color and general appearance of the Equipment shall be approved by Landlord, which approval shall not be unreasonably delayed, conditioned or withheld, prior to Tenant’s installation of the Equipment. Tenant shall deliver to Landlord Tenant’s plans and specifications for the installation of the Equipment and the surrounding screening for review and approval by Landlord’s engineer not less than fifteen (15) business days prior to commencing installation of the Equipment. Tenant shall reimburse Landlord for all reasonable costs and expenses incurred by Landlord in connection with Landlord or its designated agent’s review and approval of such plans and specifications as well as ensuring Tenant’s compliance with this provision. (b) Tenant shall install the Equipment in an aesthetically pleasing manner and exercise all reasonable steps to shield or screen the Equipment from public view. Tenant’s Equipment shall not unreasonably interfere with any other tenants’ or licensees’ installation, operation and maintenance or repair of antennae or satellite equipment. Tenant shall operate the Equipment in compliance with all applicable Laws, including all building and zoning requirements. Landlord shall perform all roof penetrations and modifications necessary for the installation, maintenance or removal of Tenant’s Equipment. Tenant will reimburse Landlord for all reasonable costs and expenses incurred by Landlord in connection with such roof penetrations and modifications. (c) Tenant shall be responsible for all costs and expenses associated with the Equipment and Tenant shall promptly repair any damage to the Building resulting from the installation, construction, repair or maintenance of the Equipment. In the event that Tenant fails to properly install, construct, repair, maintain or remove the Equipment or any damage to the Building resulting from such work, Landlord shall have the right, but not the obligation, to perform such work and Tenant shall, upon thirty (30) days prior written notice from Landlord, reimburse Landlord for all costs and expenses incurred by Landlord to perform such work. (d) Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant’s expense, promptly remove the Equipment and restore any portion of the Building affected by the Equipment to substantially the same condition existing prior to the installation of the Equipment, normal wear and tear and casualty damage excepted.
Appears in 1 contract
Samples: Lease Agreement (PBSJ Corp /Fl/)
Roof Rights. So long Except as this hereinafter provided, during the Term of the Lease is in full force and effect(as it may be extended), Tenant shall have the rightsole and exclusive right at no additional cost to install and maintain, on the roof of the Building and elsewhere on the Project, satellite dishes, television or communications antennas or facilities, related receiving or transmitting equipment, related cable connections and any and all other related equipment (collectively, “Communications Equipment”) required in connection with Tenant’s communications and data transmission network. Tenant may license, assign or sublet without Landlord’s consent the right to use any of such Communications Equipment or roof space, whether or not in conjunction with any sublease or assignment regarding the Premises. Tenant shall have the right to use “risers” in the Building over and above those provided in the Base Building Improvements (and to install additional risers if necessary) as long as there is no adverse affect on the Building Structure or Building Systems. In addition to the foregoing, Tenant shall, at its option, have the right to use additional space on the roof of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). All such Communications Equipment and HVAC Units shall be screened from view of pedestrians. Furthermore, the exact location, construction method and installation of any such Communications Equipment or HVAC Unit shall be mutually and reasonably acceptable to Landlord and Tenant and Tenant shall have secured, at Tenant’s sole cost and expense, the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Communications Equipment and the HVAC Unit, and shall provide copies of such approvals and permits to erect, install Landlord prior to commencing any work with respect to such Communications Equipment and maintain an antenna, dish or similar communications device and related equipment on the roof of HVAC Unit. Landlord shall have the Premises, as well as cabling and related equipment from right to place reasonable conditions upon the roof of the Premises to the Premises (the “Equipment”), subject to the following terms and conditions:
(a) The type, location, method of attachment, size, shape, height, color and general appearance of the Equipment shall be approved by installation as reasonably necessary to preserve Landlord, which approval shall not be unreasonably delayed, conditioned or withheld, prior to Tenant’s installation of the Equipmentroof warranty. Tenant shall deliver be permitted to Landlord Tenant’s plans and specifications for the installation of the alter its Communications Equipment and the surrounding screening for review and approval by Landlord’s engineer not less than fifteen (15) business days prior in connection with technological upgrades from time to commencing installation of the Equipmenttime. Tenant shall reimburse Landlord pay for all reasonable costs any and expenses incurred by Landlord in connection with Landlord or its designated agent’s review and approval of such plans and specifications as well as ensuring Tenant’s compliance with this provision.
(b) Tenant shall install the Equipment in an aesthetically pleasing manner and exercise all reasonable steps to shield or screen the Equipment from public view. Tenant’s Equipment shall not unreasonably interfere with any other tenants’ or licensees’ installation, operation and maintenance or repair of antennae or satellite equipment. Tenant shall operate the Equipment in compliance with all applicable Laws, including all building and zoning requirements. Landlord shall perform all roof penetrations and modifications necessary for the installation, maintenance or removal of Tenant’s Equipment. Tenant will reimburse Landlord for all reasonable costs and expenses incurred by Landlord in connection with such roof penetrations and modifications.
(c) Tenant shall be responsible for all costs and expenses associated in connection with the installation, maintenance, use and removal of the Communications Equipment and Tenant shall promptly repair the HVAC Unit, including without limitation any damage and all costs related to ensuring that Landlord’s roof warranties related to the Building resulting from the installationor any portion thereof are not terminated, construction, negated in any way by any of such installations or by Tenant’s applicable repair or and maintenance of such facilities, but in no event shall Tenant be obligated to pay Landlord any rental or license fees for any area(s) on which the EquipmentCommunications Equipment and the HVAC Unit shall be located. In The contractor selected by Tenant to install and to maintain and repair any such Communications Equipment and HVAC Units shall be reputable and licensed in the event that Tenant fails to properly install, construct, repair, maintain or remove the Equipment or any damage to jurisdiction where the Building resulting from such workis located. Furthermore, Landlord shall have the right, but not the obligation, to perform such work and Tenant shall, upon thirty (30) days prior written notice from Landlordat its sole and absolute discretion when it deems it as necessary or appropriate to do so, reimburse Landlord for all costs repair and expenses incurred by Landlord to perform such work.
(d) maintain the Communications Equipment and the HVAC Unit. No portion of the roof space shall be included in or designated as rentable area. Upon the termination or expiration or earlier termination of this Lease, Tenant shallshall remove the Communications Equipment installed by it pursuant to this Article 34, at Tenant’s expense, promptly remove the Equipment and shall repair and restore any portion of damage to the Building affected and Project caused by the Equipment such removal to substantially the same a condition comparable to that existing prior to the installation of the Equipmentsuch installation, normal wear and tear and casualty damage excepted.
Appears in 1 contract
Samples: Sublease Agreement (Red Hat Inc)
Roof Rights. So long as this Lease is in full force Subject to all governmental laws, rules and effectregulations and compliance with the CC&R's, Tenant and Tenant's contractors (which shall first be approved by Landlord but which approval shall not be unreasonably withheld or delayed (as specified in Section 29.4 below)) shall have the rightnonexclusive right and access, at its sole cost and expensewithout further payment of Rent to Landlord, to erectinstall, install repair, replace, remove, operate and maintain an antennasatellite dishes and/or microwave dishes, dish or similar communications device and other radio transmitting and receiving antennae, together with all necessary cable, wiring, conduits and related equipment (collectively, "COMMUNICATION EQUIPMENT"), for the purpose of receiving and sending telephone and other communication signals, at a location on the roof of the Premises, Building as well as cabling reasonably requested by Tenant and related equipment from the roof reasonably approved by Landlord in writing. Tenant's installation and operation of the Premises to the Premises (the “Equipment”), subject to Communication Equipment shall be governed by the following terms and conditions:
(ai) The typeTenant's right to install, locationreplace, method of attachmentrepair, sizeremove, shape, height, color operate and general appearance of maintain 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 PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] 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 approval shall not be unreasonably withheld or delayed. In addition, conditioned or withheldthe installation, prior to Tenant’s installation of the Equipment. Tenant shall deliver to Landlord Tenant’s plans and protection for roof membrane, specifications for the installation of the Equipment roof penetration and the surrounding screening for review and approval by flashing shall be subject to Landlord’s engineer 's prior written consent, which shall not less than fifteen (15) business days prior to commencing installation of the Equipment. Tenant shall reimburse Landlord for all reasonable costs and expenses incurred by Landlord in connection with Landlord be unreasonably withheld or its designated agent’s review and approval of such plans and specifications as well as ensuring Tenant’s compliance with this provisiondelayed.
(biii) Tenant shall install the Equipment in an aesthetically pleasing manner and exercise all reasonable steps to shield or screen the Equipment from public view. Tenant’s Equipment shall not unreasonably interfere with any other tenants’ or licensees’ All costs of installation, operation and maintenance or repair of antennae or satellite equipmentthe 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 operate be responsible for the replacement, repair and maintenance, at Tenant's sole cost and expense, of those areas on the roof of the Building surrounding Tenant's Communication Equipment to the extent any such replacement, repair or maintenance is required by virtue of Tenant's installation, operation or maintenance of Tenant's Communication Equipment, notwithstanding anything to the contrary contained in compliance this Lease.
(iv) Tenant shall endeavor to use the Communication Equipment so as not to cause any interference (i) with all applicable Laws, including all building and zoning requirementsany other communications from or to the Project or (ii) to other existing tenants or occupants in the Project who may use the communication facilities located at the Project and/or related facilities.
(v) Landlord shall not have any obligations with respect to the Communication Equipment. Landlord makes no representation that the Communication Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall perform 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 entity with the exception of any Permitted Transferee under Article 14 which occupies a minimum of 10,000 rentable square feet of the Building or (ii) any Permitted Affiliate (collectively, "QUALIFYING TRANSFEREE"); provided, however, such Qualifying Transferee's rights with respect to Communication Equipment shall be subject to all the terms and conditions of this Article 22. Other than Qualifying Transferees, Tenant shall not be permitted to allow any third party to use any portion of the roof penetrations and modifications necessary for Communication Equipment or otherwise without Landlord's consent, which shall not be unreasonably withheld.
(vii) Tenant shall (i) be solely responsible for any damage caused as a result of the Communication Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the installation, maintenance or removal use of Tenant’s Equipment. Tenant will reimburse Landlord the Communication Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all reasonable costs and expenses incurred by Landlord in connection with such roof penetrations and modifications.
(c) Tenant shall be responsible for all costs and expenses associated with the Equipment and Tenant shall promptly repair any damage necessary repairs, replacements to the Building resulting from the installation, construction, repair or maintenance of the Communication Equipment and all roof repairs required by the installation and maintenance of the Communication Equipment.
(viii) The Communication Equipment shall remain the sole property of Tenant. In Tenant shall remove the event that 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 repair the Building upon such removal to the extent required by such work of removal. If Tenant fails to properly install, construct, repair, maintain or remove the Communication Equipment or any damage to and repair the Building resulting from such work, Landlord shall have the right, but not the obligation, to perform such work and Tenant shall, upon within thirty (30) days prior written notice from Landlord, reimburse Landlord for all costs and expenses incurred by Landlord to perform such work.
(d) Upon after the expiration or earlier termination of this LeaseLease with respect to such Building, Tenant shall, Landlord may do so at Tenant’s 's expense, promptly remove . PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Landlord reserves the Equipment and restore any right to use a portion of the roof space on the Building affected by or lease roof space on the Equipment Building to substantially the same condition existing prior other parties; provided, however, any party to the installation of the Equipment, normal wear and tear and casualty damage exceptedwhich Landlord leases such roof space shall be subject to similar restrictions as set forth in this Article 22.
Appears in 1 contract
Roof Rights. So long In accordance with, and subject to, this Section 29.34 (including Tenant's obtaining all requisite permits and compliance with Landlord's reasonable construction rules and conditions as this Lease is well as Landlord's reasonable approval of the contractors, vendors and materialmen in full force and effectconnection with the same), Tenant shall have the right, at its no additional fee (but subject to Landlord's reasonable approval as provided in this Section 29.34), to install and maintain, at Tenant's sole cost and expense, rooftop chillers, mechanical equipment relating to erectthe conduct of business within the Premises, install telecommunications antennas, microwave dishes and maintain an antennaother communications equipment, including a reasonable sized dish or similar communications device and related equipment on the roof of the PremisesBuilding (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as well opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as cabling and related equipment from the "Rooftop Equipment") upon the roof of the Premises Building. Tenant's use of the roof of the Building shall be exclusive, but for any equipment relating to the Premises (operation or management of the “Equipment”), subject Building and Food and Beverage Space. Landlord makes no representations or warranties whatsoever with respect to the following terms and conditions:
(a) The type, location, method of attachment, size, shape, height, color and general appearance condition of the Equipment shall be approved by Landlord, which approval shall not be unreasonably delayed, conditioned or withheld, prior to Tenant’s installation roof of the Equipment. Tenant shall deliver to Landlord Tenant’s plans and specifications for Building, or the installation fitness or suitability of the Equipment and the surrounding screening for review and approval by Landlord’s engineer not less than fifteen (15) business days prior to commencing installation roof of the Equipment. Tenant shall reimburse Landlord for all reasonable costs and expenses incurred by Landlord in connection with Landlord or its designated agent’s review and approval of such plans and specifications as well as ensuring Tenant’s compliance with this provision.
(b) Tenant shall install the Equipment in an aesthetically pleasing manner and exercise all reasonable steps to shield or screen the Equipment from public view. Tenant’s Equipment shall not unreasonably interfere with any other tenants’ or licensees’ installation, operation and maintenance or repair of antennae or satellite equipment. Tenant shall operate the Equipment in compliance with all applicable Laws, including all building and zoning requirements. Landlord shall perform all roof penetrations and modifications necessary Building for the installation, maintenance and operation of the Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or removal from the Rooftop Equipment and the presence of Tenant’s Equipmentany interference with such signals whether emanating from the Building or otherwise. The location, physical appearance, the size, the design and the weight of the Rooftop Equipment shall be subject to Landlord's reasonable approval, which approval will not be withheld so long as such Rooftop Equipment does not create a Design Problem. Tenant will reimburse Landlord for all reasonable costs shall maintain such Rooftop Equipment, at Tenant's sole cost and expenses incurred by Landlord in connection with such roof penetrations and modifications.
(c) Tenant shall be responsible for all costs and expenses associated with the Equipment and Tenant shall promptly repair any damage to the Building resulting from the installation, construction, repair or maintenance of the Equipmentexpense. In the event that Tenant fails elects to properly installexercise its right to install the Rooftop Equipment, constructthen Tenant shall give Landlord prior notice thereof. If the Rooftop Equipment constitutes a Specialty Alteration, repair, maintain or Tenant shall remove the such Rooftop Equipment or any damage to the Building resulting from such work, Landlord shall have the right, but not the obligation, to perform such work and Tenant shall, upon thirty (30) days prior written notice from Landlord, reimburse Landlord for all costs and expenses incurred by Landlord to perform such work.
(d) Upon the expiration or earlier termination of this Lease, or upon the termination of Tenant's rights under this Section 29.34, and shall repair any damage caused by such removal. Tenant shall, at Tenant’s expense, promptly remove the Equipment and restore any portion of the Building affected by the shall not be entitled to license its Rooftop Equipment to substantially any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the same condition existing prior to the installation use of the Equipment, normal wear and tear and casualty damage exceptedsuch Rooftop Equipment by an unrelated third party.
Appears in 1 contract
Samples: Lease Agreement (Cytokinetics Inc)
Roof Rights. So long Provided that Tenant is then in occupancy of the Premises, then, subject to availability, in accordance with, and subject to, this Section 29.37 (including Tenant's obtaining all requisite permits and compliance with Landlord's reasonable construction rules and conditions as this Lease is well as Landlord's reasonable approval of the contractors, vendors and materialmen in full force connection with the same, and effectconfirmation from Landlord and its roofing contractor that such installation (including maintenance, repair, replacement and/or removal thereof) will not invalidate or otherwise adversely affect Landlord's roof warranty), Tenant shall have the exclusive right, at its no additional fee (but subject to Landlord's reasonable approval as provided in this Section 29.37), to install and maintain, at Tenant's sole cost and expense, to erecttelecommunications antennas, install microwave dishes and maintain an antennaother communications equipment, including a standard-size DIRECTV dish or similar communications device and related equipment on the roof of the PremisesBuilding (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as well opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as cabling and related equipment from the "Telecommunications Equipment") upon the roof of the Premises Building. Landlord makes no representations or warranties whatsoever with respect to the Premises (the “Equipment”), subject to the following terms and conditions:
(a) The type, location, method of attachment, size, shape, height, color and general appearance condition of the Equipment shall be approved by Landlord, which approval shall not be unreasonably delayed, conditioned or withheld, prior to Tenant’s installation roof of the Equipment. Tenant shall deliver to Landlord Tenant’s plans and specifications for Building, or the installation fitness or suitability of the Equipment and the surrounding screening for review and approval by Landlord’s engineer not less than fifteen (15) business days prior to commencing installation roof of the Equipment. Tenant shall reimburse Landlord for all reasonable costs and expenses incurred by Landlord in connection with Landlord or its designated agent’s review and approval of such plans and specifications as well as ensuring Tenant’s compliance with this provision.
(b) Tenant shall install the Equipment in an aesthetically pleasing manner and exercise all reasonable steps to shield or screen the Equipment from public view. Tenant’s Equipment shall not unreasonably interfere with any other tenants’ or licensees’ installation, operation and maintenance or repair of antennae or satellite equipment. Tenant shall operate the Equipment in compliance with all applicable Laws, including all building and zoning requirements. Landlord shall perform all roof penetrations and modifications necessary Building for the installation, maintenance and operation of the Telecommunications Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or removal from the Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance, the size, the design and the weight of the Telecommunications Equipment shall be subject to Landlord's reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Landlord subject to Tenant’s 's reasonable approval and Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant's sole cost and expense, as reasonably designated by Landlord. Tenant will shall maintain such Telecommunications Equipment, at Tenant's sole cost and expense. In the event Tenant elects to 795678.02/WLA376514-00007/1-28-19/ctl/ctl -54- 630 ROSEVILLE PARKWAY[Penumbra, Inc.] exercise its right to install the Telecommunications Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord for all reasonable the actual costs and expenses reasonably incurred by Landlord in connection with approving such roof penetrations and modifications.
(c) Telecommunications Equipment. Tenant shall be responsible for all costs and expenses associated with the remove such Telecommunications Equipment and Tenant shall promptly repair any damage to the Building resulting from the installation, construction, repair or maintenance of the Equipment. In the event that Tenant fails to properly install, construct, repair, maintain or remove the Equipment or any damage to the Building resulting from such work, Landlord shall have the right, but not the obligation, to perform such work and Tenant shall, upon thirty (30) days prior written notice from Landlord, reimburse Landlord for all costs and expenses incurred by Landlord to perform such work.
(d) Upon the expiration or earlier termination of this Lease, or, in the event Tenant shallno longer occupies the Premises, at then upon the termination of Tenant’s expense's rights under this Section 29.37, promptly remove and shall return the affected portion of the rooftop and the Premises to the condition the rooftop and the Premises would have been in had no such Telecommunications Equipment been installed (reasonable wear and restore tear excepted). Such Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditioned, or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of the Building affected by the roof or roof membrane, specifically including any penetrations, in connection with Tenant's installation, use, maintenance and/or repair of such Telecommunications Equipment, and Landlord shall have no liability therewith. Such Telecommunications equipment shall, in all instances, comply with Applicable Laws. Tenant shall not be entitled to license its Telecommunications Equipment to substantially any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the same condition existing prior to the installation use of the Equipment, normal wear and tear and casualty damage exceptedsuch Telecommunications Equipment by an unrelated third party.
Appears in 1 contract
Samples: Office Lease (Penumbra Inc)
Roof Rights. So long Provided that Tenant is then in occupancy of the Premises, then, subject to availability, in accordance with, and subject to, this Section 29.38 (including Tenant’s obtaining all requisite permits and compliance with Landlord’s reasonable construction rules and conditions as this Lease is well as Landlord’s reasonable approval of the contractors, vendors and materialmen in full force connection with the same, and effectconfirmation from Landlord and its roofing contractor that such installation (including maintenance, repair, replacement and/or removal thereof) will not invalidate or otherwise adversely affect Landlord’s roof warranty), Tenant shall have the exclusive right, at its no additional fee (but subject to Landlord’s reasonable approval as provided in this Section 29.38), to install and maintain, at Tenant’s sole cost and expense, to erecttelecommunications antennas, install microwave dishes and maintain an antennaother communications equipment, including a standard-size DIRECTV dish or similar communications device and related equipment on the roof of the PremisesBuilding (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as well opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as cabling and related equipment from the “Telecommunications Equipment”) upon the roof of the Premises Building. Landlord makes no representations or warranties whatsoever with respect to the Premises (the “Equipment”), subject to the following terms and conditions:
(a) The type, location, method of attachment, size, shape, height, color and general appearance condition of the Equipment shall be approved by Landlord, which approval shall not be unreasonably delayed, conditioned or withheld, prior to Tenant’s installation roof of the Equipment. Tenant shall deliver to Landlord Tenant’s plans and specifications for Building, or the installation fitness or suitability of the Equipment and the surrounding screening for review and approval by Landlord’s engineer not less than fifteen (15) business days prior to commencing installation roof of the Equipment. Tenant shall reimburse Landlord for all reasonable costs and expenses incurred by Landlord in connection with Landlord or its designated agent’s review and approval of such plans and specifications as well as ensuring Tenant’s compliance with this provision.
(b) Tenant shall install the Equipment in an aesthetically pleasing manner and exercise all reasonable steps to shield or screen the Equipment from public view. Tenant’s Equipment shall not unreasonably interfere with any other tenants’ or licensees’ installation, operation and maintenance or repair of antennae or satellite equipment. Tenant shall operate the Equipment in compliance with all applicable Laws, including all building and zoning requirements. Landlord shall perform all roof penetrations and modifications necessary Building for the installation, maintenance and operation of the Telecommunications Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or removal from the Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance, the size, the design and the weight of the Telecommunications Equipment shall be subject to 35654\12546889.9 06907\011\8493037.v6 Landlord’s reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Landlord subject to Tenant’s reasonable approval and Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant’s sole cost and expense, as designated by Landlord in Landlord’s sole discretion. Tenant will shall maintain such Telecommunications Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Telecommunications Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord for all reasonable the actual costs and expenses reasonably incurred by Landlord in connection with approving such roof penetrations and modifications.
(c) Telecommunications Equipment. Tenant shall be responsible for all costs and expenses associated with the remove such Telecommunications Equipment and Tenant shall promptly repair any damage to the Building resulting from the installation, construction, repair or maintenance of the Equipment. In the event that Tenant fails to properly install, construct, repair, maintain or remove the Equipment or any damage to the Building resulting from such work, Landlord shall have the right, but not the obligation, to perform such work and Tenant shall, upon thirty (30) days prior written notice from Landlord, reimburse Landlord for all costs and expenses incurred by Landlord to perform such work.
(d) Upon the expiration or earlier termination of this Lease, or, in the event Tenant shallno longer occupies the Premises, at then upon the termination of Tenant’s expenserights under this Section 29.38, promptly remove and shall return the affected portion of the rooftop and the Premises to the condition the rooftop and the Premises would have been in had no such Telecommunications Equipment been installed (reasonable wear and restore tear excepted). Such Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditioned, or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of the Building affected by roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment, and Landlord shall have no liability therewith. Such Telecommunications equipment shall, in all instances, comply with Applicable Laws and the Declaration. Tenant shall not be entitled to license its Telecommunications Equipment to substantially any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the same condition existing prior to the installation use of the Equipment, normal wear and tear and casualty damage exceptedsuch Telecommunications Equipment by an unrelated third party.
Appears in 1 contract
Samples: Lease (Penumbra Inc)
Roof Rights. So long as this Lease is in full force and effect, A. Tenant shall have the rightright to its allocation of space on the roof of the Science Building for the purpose of installing (in accordance with Section IX.C of the Lease), operating and maintaining an emergency generator and/ or a satellite dish solely for Tenant's business activities in the Premises and not for use by third parties, as approved by the Landlord (the "Rooftop Equipment"). The exact location of the space on the roof to be leased by Tenant shall be designated by Landlord and shall not exceed 344 square feet (the "Roof Space"), and shall be in the location designated in EXHIBIT A. Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term at Landlord's expense, with a minimum of disruption to Tenant's business activities in the Premises. Landlord's designation shall take into account Tenant's use of the Rooftop Equipment. Notwithstanding the foregoing, Tenant's right to install the Rooftop Equipment shall be subject to the approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Rooftop Equipment, the manner in which the Rooftop Equipment is attached to the roof of the Building, the compliance of the Rooftop Equipment with applicable governmental requirements, including air quality requirements and the requirements of the City of Cambridge with respect to noise and screening, and the manner in which any cables and utility service are run to and from the Rooftop Equipment. The precise specifications and a general description of the Rooftop Equipment along with all documents Landlord reasonably requires to review the installation of the Rooftop Equipment (the "Plans and Specifications") shall be submitted to Landlord for Landlord's written approval no later than 20 days before Tenant commences to install the Rooftop Equipment. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Rooftop Equipment. Tenant shall notify Landlord upon completion of the installation of the Rooftop Equipment. If Landlord determines that the Rooftop Equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Rooftop Equipment or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time, Landlord, in its sole discretion, deems it necessary,Tenant shall provide and install, at Tenant's sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Rooftop Equipment.
B. Landlord agrees that Tenant, upon reasonable prior written notice to Landlord, shall have access to the roof of the Science Building and the Roof Space for the purpose of installing, maintaining, repairing and removing the Rooftop Equipment, and its appurtenances, if any, all of which shall be performed by Tenant or Tenant's authorized representative or contractors, which shall be approved by Landlord, at Tenant's sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant or persons under their direct supervision will be permitted to have access to the roof of the Science Building and the Roof Space. Tenant further agrees to exercise firm control over the people requiring access to the roof of the Science Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Science Building and the Roof Space and the frequency of their visits.
C. It is further understood and agreed that the installation, maintenance, operation and removal of the Rooftop Equipment and any appurtenances is not permitted to damage the Science Building or the roof thereof, or interfere with the use of the Science Building and roof by Landlord. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Science Building, which may be caused by Tenant or any of its agents or representatives.
D. Tenant agrees to install only equipment which will not cause unreasonable interference to Landlord or existing tenants of the Building. In the event Tenant's equipment causes such interference, Tenant will take any steps necessary to eliminate the interference. If said interference cannot be eliminated within a reasonable period of time, in the judgment of Landlord, then Tenant agrees to remove the Rooftop Equipment from the Roof Space.
E. Tenant shall, at its sole cost and expense, to erectand at its sole risk, install install, operate and maintain an antenna, dish or similar communications device and related equipment on the roof of the Premises, as well as cabling and related equipment from the roof of the Premises to the Premises (the “Equipment”), subject to the following terms and conditions:
(a) The type, location, method of attachment, size, shape, height, color and general appearance of the Equipment shall be approved by Landlord, which approval shall not be unreasonably delayed, conditioned or withheld, prior to Tenant’s installation of the Equipment. Tenant shall deliver to Landlord Tenant’s plans and specifications for the installation of the Equipment and the surrounding screening for review and approval by Landlord’s engineer not less than fifteen (15) business days prior to commencing installation of the Equipment. Tenant shall reimburse Landlord for all reasonable costs and expenses incurred by Landlord in connection with Landlord or its designated agent’s review and approval of such plans and specifications as well as ensuring Tenant’s compliance with this provision.
(b) Tenant shall install the Rooftop Equipment in an aesthetically pleasing manner a good and exercise all reasonable steps to shield or screen the Equipment from public view. Tenant’s Equipment shall not unreasonably interfere with any other tenants’ or licensees’ installationworkmanlike manner, operation and maintenance or repair of antennae or satellite equipment. Tenant shall operate the Equipment in compliance with all applicable LawsBuilding, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, and of the state, city and county in which the Building is located, including without limitation, all building requirements of the City of Cambridge. Under this Lease, the Landlord and zoning requirements. Landlord shall perform all roof penetrations and modifications necessary its agents assume no responsibility for the installationlicensing, operation and/or maintenance or removal of Tenant’s Equipment's equipment. Tenant will reimburse Landlord for all reasonable costs and expenses incurred by Landlord in connection with such roof penetrations and modifications.
(c) Tenant The Rooftop Equipment shall be responsible connected to Landlord's power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for all costs and expenses associated with any stoppages or shortages of electrical power furnished to the Rooftop Equipment or the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall promptly repair not be entitled to any damage to rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the Building resulting from the installation, construction, repair conduct or maintenance safety of the Equipment. In the event that Tenant fails to properly install, constructany of Tenant's representatives, repair, maintain maintenance and engineering personnel while in or remove the Equipment or on any damage to part of the Building resulting from such work, Landlord shall have or the right, but not the obligation, to perform such work and Tenant shall, upon thirty (30) days prior written notice from Landlord, reimburse Landlord for all costs and expenses incurred by Landlord to perform such workRoof Space.
(d) Upon F. Except for the generator, the Rooftop Equipment and any appurtenances thereto 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 LeaseLease or Tenant's right to possession hereunder. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant's equipment placed on or about the roof or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to appearance and safety in Landlord's sole discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees that at all times during the Term, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant's agents, employees or contractors. It is expressly agreed that the generator shall remain on the Roof Space and shall become the property of Landlord upon the expiration of the Term or earlier termination thereof.
G. In light of the specialized nature of the Rooftop Equipment, Tenant shallshall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Rooftop Equipment and its appurtenances, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant’s expense's option, promptly remove to perform such work in conjunction with Tenant's contractor.
H. Tenant shall not allow any provider of generators or satellite dishes or related services ("Rooftop Equipment Services") to locate any equipment on the Equipment and restore any portion roof of the Science Building affected by or in the Roof Space for any purpose whatsoever, nor may Tenant use the Roof Space and/or Rooftop Equipment to substantially provide Rooftop Equipment Services to an unaffiliated tenant, occupant or licensee of another building, or to facilitate the same condition existing prior provision of Rooftop Equipment Services on behalf of another Rooftop Equipment Services provider to an unaffiliated tenant, occupant or licensee of the Science Building or any other building.
I. Tenant acknowledges that Landlord may at some time establish a standard license agreement (the "License Agreement") with respect to the installation use of roof space by tenants of the EquipmentBuilding. Tenant, normal wear upon request of Landlord, shall enter into such License Agreement with Landlord provided that such agreement does not materially alter the rights of Tenant hereunder with respect to the Roof Space.
J. Tenant specifically acknowledges and tear agrees that the terms and casualty damage exceptedconditions of Article XIV of the Lease (Indemnity and Waiver of Claims) shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or utilized by Tenant, its representatives, agents, employees or contractors.
K. If Tenant defaults under any of the terms and conditions of this Section, and Tenant fails to cure said default within the time allowed by Article XIX of the Lease, Landlord shall be permitted to exercise all remedies provided under the terms of the Lease. EXHIBIT F FORM OF NOTICE OF LEASE NOTICE OF LEASE Notice is hereby given, pursuant to the provisions of Chapter 183, Section 4 and Chapter 185, Section 71 of the Massachusetts General Laws, of the following Lease: LANDLORD: MA - Riverview/245 First Street, L.L.C. c/o Equity Office Properties Trust 000 Xxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxxxxxxx 00000 TENANT: Viacell, Inc. 000 Xxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxxxxxxx 00000 DATE OF EXECUTION: As of December ___, 2003 PREMISES: 42,944 square feet of rentable floor area located on the 15th floor of the building known as the Xxxxxx Xxxxxxxx, 000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000, ("Office Building") and suite numbers 1000 and 2000 on the 1st and 2nd floors of the building known as the Science Building, 000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000 ("Science Building") together with the right in common with others to use the Common Areas (as defined in the Lease) of the buildings known as the Office Building and the Science Building in the Cambridge Science Center, 000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000 (collectively, the "Buildings"), the parcel(s) of land on which the Buildings are located and, the garage and other improvements serving the Buildings, if any, and the parcel(s) of land on which they are located. Tenant has rights to expand the Premises as described in the Option to Expand, below. For Landlord's title see _________________________. TERM: Commencing on the Lab Rent Commencement Date and continuing for a period of ten (10) years, subject to the Options to Extend both described below.
Appears in 1 contract
Samples: Office and Laboratory Lease Agreement (Viacell Inc)
Roof Rights. So long In accordance with, and subject to, this Section 24.45 (including Tenant's obtaining all requisite permits and compliance with Landlord's reasonable construction rules and conditions as this Lease is well as Landlord's reasonable approval of the contractors, vendors and materialmen in full force and effectconnection with the same), Tenant shall have the non‑exclusive right, at its no additional fee (but subject to Landlord's reasonable approval as provided in this Section 24.45), to install and maintain, at Tenant's sole cost and expense, rooftop chillers, mechanical equipment relating to erectthe conduct of business within the Premises, install telecommunications antennas, microwave dishes and maintain an antennaother communications equipment, including a reasonable sized dish or similar communications device and related equipment on the roof of the PremisesBuilding (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as well opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as cabling and related equipment from the "Rooftop Equipment") upon the roof of the Premises Building. Tenant's use of the roof of the Building shall be non‑exclusive. Landlord makes no representations or warranties whatsoever with respect to the Premises (the “Equipment”), subject to the following terms and conditions:
(a) The type, location, method of attachment, size, shape, height, color and general appearance condition of the Equipment shall be approved by Landlord, which approval shall not be unreasonably delayed, conditioned or withheld, prior to Tenant’s installation roof of the Equipment. Tenant shall deliver to Landlord Tenant’s plans and specifications for Building, or the installation fitness or suitability of the Equipment and the surrounding screening for review and approval by Landlord’s engineer not less than fifteen (15) business days prior to commencing installation roof of the Equipment. Tenant shall reimburse Landlord for all reasonable costs and expenses incurred by Landlord in connection with Landlord or its designated agent’s review and approval of such plans and specifications as well as ensuring Tenant’s compliance with this provision.
(b) Tenant shall install the Equipment in an aesthetically pleasing manner and exercise all reasonable steps to shield or screen the Equipment from public view. Tenant’s Equipment shall not unreasonably interfere with any other tenants’ or licensees’ installation, operation and maintenance or repair of antennae or satellite equipment. Tenant shall operate the Equipment in compliance with all applicable Laws, including all building and zoning requirements. Landlord shall perform all roof penetrations and modifications necessary Building for the installation, maintenance and operation of the Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or removal from the Rooftop Equipment and the presence of Tenant’s Equipmentany interference with such signals whether emanating from the Building or otherwise. The location, physical appearance, the size, the design and the weight of the Rooftop Equipment shall be subject to Landlord's reasonable approval, which approval will not be withheld so long as such Rooftop Equipment does not create a Design Problem. Tenant will reimburse Landlord for all reasonable costs shall maintain such Rooftop Equipment, at Tenant's sole cost and expenses incurred by Landlord in connection with such roof penetrations and modifications.
(c) Tenant shall be responsible for all costs and expenses associated with the Equipment and Tenant shall promptly repair any damage to the Building resulting from the installation, construction, repair or maintenance of the Equipmentexpense. In the event that Tenant fails elects to properly installexercise its right to install the Rooftop Equipment, constructthen Tenant shall give Landlord prior notice thereof. If the Rooftop Equipment constitutes a Specialty Alteration, repair, maintain or Tenant shall remove the such Rooftop Equipment or any damage to the Building resulting from such work, Landlord shall have the right, but not the obligation, to perform such work and Tenant shall, upon thirty (30) days prior written notice from Landlord, reimburse Landlord for all costs and expenses incurred by Landlord to perform such work.
(d) Upon the expiration or earlier termination of this Lease, or upon the termination of Tenant's rights under this Section 24.45, and shall repair any damage caused by such removal. Tenant shall, at Tenant’s expense, promptly remove the Equipment and restore any portion of the Building affected by the shall not be entitled to license its Rooftop Equipment to substantially any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the same condition existing prior to the installation use of the Equipment, normal wear and tear and casualty damage exceptedsuch Rooftop Equipment by an unrelated third party.
Appears in 1 contract
Samples: Lease (Janux Therapeutics, Inc.)
Roof Rights. So long as this Lease is (a) Tenant will operate, repair, maintain or replace all of the following equipment currently located on the external roof areas of the Building: (i) air conditioning and ventilation units serving the Building, including all related connections, ducts, vents, installation frames and related equipment, (ii) emergency power generation systems and equipment serving the Building and/or the Building Systems, including all related wiring, cables, power connectors, installation frames and related equipment, and (iii) any other similar mechanical equipment serving all or any portion of the Building (collectively, the “Rooftop Equipment”), all in full force a manner consistent with the Operating Standard.
(b) Subject to applicable Legal Requirements and effectto Landlord’s reasonable screening requirements, Tenant shall have the rightTenant, at its Tenant’s sole cost and expense, shall have the right to erectinstall on the roof, install operate, repair and maintain an antennaand may remove from and on the roof supplemental HVAC, dish or telecommunications and similar communications device equipment and apparatus, including, without limitation, antennae, microwave dishes and radio antenna and satellite communication dishes and apparatus, together with all related ducts, wiring, cables, power connectors, installation frames and related equipment on the roof of the Premises, as well as cabling and related equipment from the roof of the Premises to the Premises (the “Additional Rooftop Equipment”), subject to the following terms and conditions:
(a) The type, location, method of attachment, size, shape, height, color and general appearance of the Equipment shall be approved by Landlord, which approval shall not be unreasonably delayed, conditioned or withheld, prior to Tenant’s installation of the Equipment. Tenant shall deliver to Landlord Tenant’s plans and specifications for the installation of the Equipment and the surrounding screening for review and approval by Landlord’s engineer not less than fifteen (15) business days prior to commencing installation of the Equipment. Tenant shall reimburse Landlord for all reasonable costs and expenses incurred by Landlord in connection with Landlord or its designated agent’s review and approval of such plans and specifications as well as ensuring Tenant’s compliance with this provision.
(b) Tenant shall install the Equipment in an aesthetically pleasing manner and exercise all reasonable steps to shield or screen the Equipment from public view. Tenant’s Equipment shall not unreasonably interfere with any other tenants’ or licensees’ installation, operation and maintenance or repair of antennae or satellite equipment. Tenant shall operate the Equipment in compliance with all applicable Laws, including all building and zoning requirements. Landlord shall perform all roof penetrations and modifications necessary for the installation, maintenance or removal of Tenant’s Equipment. Tenant will reimburse Landlord for all reasonable costs and expenses incurred by Landlord in connection with such roof penetrations and modifications.
(c) Tenant shall be responsible for procuring all costs licenses or permits as may be required from Governmental Authorities for the use or operation of the Additional Rooftop Equipment. All Additional Rooftop Equipment shall be installed, operated, repaired, maintained, replaced and expenses associated with removed so as not to void any roof warranty. All such Additional Rooftop Equipment shall, upon the Equipment Expiration Date, be deemed the property of Tenant and Tenant shall promptly repair any damage to the Building resulting from the installation, construction, repair or maintenance of the Equipment. In the event that Tenant fails to properly install, construct, repair, maintain or remove the Equipment or any damage to the Building resulting from such work, Landlord shall have the right, but not the obligation, to perform such work and Tenant shall, upon thirty (30) days prior written notice from Landlord, reimburse Landlord for all costs and expenses incurred by Landlord to perform such work.
(d) Upon at the expiration or earlier termination of this Leasethe Term hereof, Tenant shallremove all such Additional Rooftop Equipment in accordance with all Legal Requirements and Section 23.2, at Tenant’s expense, promptly remove the Equipment repairing all damage caused by such removal and restore without voiding or adversely affecting any portion of the Building affected by the Equipment to substantially the same condition existing prior to the installation of the Equipment, normal wear and tear and casualty damage exceptedroof warranty then in effect.
Appears in 1 contract
Samples: Deed of Lease (Verisign Inc/Ca)