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Common use of Roof Rights Clause in Contracts

Roof Rights. During the Term of the Lease (as it may be extended), Tenant shall have the right to install and maintain, on the roof of the Building, microwaves, satellite dishes, television antennas, related receiving equipment., related cable connections and any and all other related equipment (collectively, “Satellite Dish”) required in connection with Tenant’s communications and data transmission network and further, Tenant shall have the right to construct and maintain a patio area on the roof of the Building (“Patio Area”) provided that the design shall be subject to prior written approval by Landlord, which shall not be withheld unless a Design Problem exists. Prior to any such installation of any satellite dish by Tenant, Tenant shall furnish detailed plans and specifications for the installation, including the proposed location and method of attachment, to Landlord for approval, which approval shall not be withheld unless a Design Problem exists. Any such installation shall be attractively screened as may be required by Landlord or applicable governmental requirements. If reasonably requested by Landlord, a roofing company acceptable to Landlord shall at Tenant’s expense install an appropriate base upon which Tenant’s installation shall be mounted. All aspects and phases of Tenant’s installation, including any antenna or camera, and any associated electronic or other equipment, wiring, conduit, roof mount and base, shall at all times be subject to approval by Landlord not to be withheld unless a Design Problem exists. All approval and supervision rights of Landlord are intended solely to protect Landlord’s interests; Landlord shall have no obligation to Tenant to exercise any such power of supervision or approval. If Landlord fails to respond to a request for approval submitted in writing by Tenant within ten (10) business days of the request for approval, Landlord shall be deemed to have granted its approval. Tenant shall be responsible for procuring prior to any installation and maintaining in force at all times thereafter any and all consents, approvals, licenses and permits as may be required for the lawful installation, use and operation of Tenant’s system. Landlord makes no warranties or representations as to the permissibility or efficacy of any such installation by Tenant. Tenant shall have the right to use “risers” in the Building (and to install additional risers if necessary) as long as there is no adverse affect on the Building Structure or Building System. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). The proposed construction and installation and general appearance of the Satellite Dish and HVAC Unit shall be installed and maintained in compliance with Applicable Laws. Furthermore, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to Landlord and Tenant and Tenant shall have secured any necessary approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits to Landlord (if any), prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall pay for any and all costs and expenses in connection with the installation, approval, maintenance, use and removal of the Satellite Dish, Patio Area and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any rental for that portion of the roof of the Building on which the Satellite Dish, the Patio Area and the HVAC Unit shall be located. Furthermore, Tenant shall repair and maintain the Satellite Dish and the HVAC Unit in good order and repair at all times and shall repair and restore the Roof at the end of the Tenn. Any installations and the roof area on which they are located shall be deemed to be part of the Premises for purposes of Tenant’s insurance and indemnification obligations under this Lease. The right to use the roof shall be exclusive to Tenant or its permitted assignees or subtenants only (subject to all existing leases and options as of the Commencement Date) but Landlord may continue to use the roof to the extent necessary to provide services and utilities to the Building.

Appears in 1 contract

Samples: Sublease Agreement (Responsys Inc)

Roof Rights. During Subject to the Term satisfaction, in Landlord's reasonable judgment, of all of the Lease (as it may be extended)conditions set forth in this Section, Tenant shall have the right to 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 sole expense, reasonable amounts and types of equipment (a) to support Tenant's Telecommunications Services (the "Communications Equipment"), and/or (b) supplemental HVAC equipment ("HVAC Equipment") on the roof roofs of the Buildings for use in connection with Tenant's business in the Premises. Notwithstanding anything in this Section to the contrary, Tenant shall not be permitted to install the Communications Equipment and/or HV AC Equipment, as applicable, unless (i) Tenant's Communications Equipment and/or HVAC Equipment, as applicable, shall not interfere with any other satellite dish or antenna of any other current tenant in the Buildings as of the date of this Lease~ (ii) (A) such Communications Equipment conforms to the specifications and requirements set forth in the drawings and specifications prepared by a licensed professional (the "Communications Equipment Drawings"), which Communications Equipment Drawings shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and/or (B) such HV AC Equipment conforms to the specifications and 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) Landlord approves, which approval shall not be unreasonably conditioned, withheld or delayed, the size, capacity, power, location and proposed placement and method of installation of such Communications Equipment and/or HV AC Equipment, as applicable, an4 (iv) Tenant obtains, at its sole cost and expense, and provides copies to Landlord of all necessary governmental permits and approvals, including, without limitation, special exception permits, if applicable, for the installation of the Communications Equipment and/or HVAC Equipment, as applicable, upon the Buildings. Tenant, at Landlord's discretion, shall cause the Communications Equipment and/or HVAC Equipment, as applicable, to be painted in a nonmetallic paint to match the materials on the roof. In addition, Tenant· shall not be permitted to install the Communications Equipment and/or HV AC Equipment, as applicable, unless (I) Tenant contracts with Landlord's roofing contractor to retain the warranties and guaranties for the roofs to the extent that Landlord will lose the warranties and guaranties with respect to the roofs, 30 (II) Landlord approves, in writing, any such effect on the Buildings' Structure or Buildings' Systems or any such structural alteration, which approval may be granted or withheld by Landlord in its reasonable discretion, and (III) Tenant pays the cost of any structural support or alterations necessary to secure the Communications Equipment and/or HVAC Equipment, as applicable, to the Buildings. The Communications Equipment and/or HVAC Equipment, as applicable, shall be installed by a contractor reasonably acceptable to both Landlord and Tenant and thereafter shall be properly maintained by Tenant, all at Tenant's sole expense. On or prior to the expiration or earlier termination of the Lease Term (or the earlier termination of this Lease with respect to either Building), microwavesunless otherwise specifically designated to remain on the Premises by Landlord at the time of Landlord's approval thereof, satellite dishesthe Communications Equipment and the HVAC Equipment shall be removed from the roof(s) of the applicable Building(s) at Tenant's sole cost and expense and those portions of the roofs of the Buildings that have been affected by the Communications Equipment and the HV AC Equipment shall be returned to the condition they were in prior to the installation of the Communications Equipment and the BVAC Equipment. Tenant shall pay all subscription fees, television antennasusage charges and hookup and disconnection fees associated with Tenant's use of the Communications Equipment and/or HV AC Equipment, related receiving equipment.as applicable, related cable connections and Landlord shall have no liability therefor. All of the provisions of this Lease, including, without limitation, the insurance, maintenance, repair, release and indemnification provisions shall apply and be applicable to Tenant's installation, operation, maintenance and removal of the Communications Equipment and the HVAC Equipment. Except as shown on the Communications Equipment Drawings and/or HVAC Equipment Drawings, as applicable, as reasonably approved by Landlord, Tenant shall not make any and all other related equipment (collectivelymodification to the design, “Satellite Dish”) structure or systems ofthe Buildings required in connection with the installation of the Communications Equipment and/or HV AC Equipment, as applicable, without Landlord's prior written approval of such modification and the plans therefor, which approval may be granted, conditioned or withheld by Landlord in its reasonable discretion. Tenant agrees that, in addition to any indemnification provided Landlord in this Lease, Tenant shall indemnify and shall hold Landlord and Landlord's managing agent, and their employees, shareholders, partners, 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 Tenant’s communications 's use of the Communications Equipment, the HV AC Equipment and/or access to .the roof (including, without limitation, Emergency Roof Access (defined below)), as applicable, and/or the conduits to connect the Premises to the Communications Equipment and/or the BVAC Equipment, as applicable. In addition, Tenant shall be liable to Landlord for any actual damages suffered by Landlord for any cessation or shortages of electrical power or any other systems failure arising from Tenant's use of the conduits to connect the Premises to the Communications Equipment and/or HV AC Equipment, as applicable. The terms of the two immediately preceding sentences will survive the expiration or termination of this Lease. Tenant, at its sole cost and data transmission network expense, shall secure all necessary permits and furtherapprovals from all applicable governmental agencies with respect to the size, placement and installation of the Communications Equipment and/or BVAC Equipment, as applicable. In the event Tenant is unable to obtain the necessary approvals and permits from any applicable party, including federal, state, county or other local governing authorities for the Communications Equipment and/or HV AC Equipment, as applicable, Tenant shall have no remedy, claim, cause of action or recourse against Landlord, nor shall such failure or inability to obtain any necessary permits or approvals provide Tenant the opportUnity to terminate this Lease. Landlord makes no representations or warranties concerning the suitability of the roofs of the Buildings for the installation operation, maintenance and repair of the Communications Equipment and/or HV AC Equipment, as applicable, Tenant having satisfied itself concerning such matters. Tenant's access to the roof shall be subject to reasonable rules and regulations relating thereto established from time to time by Landlord, including, without limitation, rules and regulations prohibiting such access unless Tenant is accompanied by Landlord's representative and Tenant's agreement to reimburse Landlord for costs incurred by Landlord to make Landlord's representative available to accompany Tenant if after normal business hours. Notwithstanding the preceding sentence, solely in the event of an emergency after normal business hours and if a building engineer is not then reasonably available, then provided that Tenant has given notice to Landlord that it intends to access the access the roof without being accompanied (which notice may be telephonic) Tenant shall have the right to construct and maintain a patio area on access the roof of a Building without being accompanied for the Building sole purpose of remedying such emergency (“Patio Area”"Emergencv Roof Access"). Upon at least thirty (30) provided that the design shall be subject to days' prior written approval by Landlord, which shall not be withheld unless a Design Problem exists. Prior notice to any such installation of any satellite dish by Tenant, Tenant shall furnish detailed plans and specifications for the installation, including the proposed location and method of attachment, to Landlord for approval, which approval shall not be withheld unless a Design Problem exists. Any such installation shall be attractively screened as may be required by Landlord or applicable governmental requirements. If reasonably requested by Landlord, a roofing company acceptable to Landlord shall at Tenant’s expense install an appropriate base upon which Tenant’s installation shall be mounted. All aspects and phases of Tenant’s installation, including any antenna or camera, and any associated electronic or other equipment, wiring, conduit, roof mount and base, shall at all times be subject to approval by Landlord not to be withheld unless a Design Problem exists. All approval and supervision rights of Landlord are intended solely to protect Landlord’s interests; Landlord shall have no obligation to Tenant to exercise any such power of supervision or approval. If Landlord fails to respond to a request for approval submitted in writing by Tenant within ten (10) business days of the request for approval, Landlord shall be deemed to have granted its approval. Tenant shall be responsible for procuring prior to any installation and maintaining in force at all times thereafter any and all consents, approvals, licenses and permits as may be required for the lawful installation, use and operation of Tenant’s system. Landlord makes no warranties or representations as to the permissibility or efficacy of any such installation by Tenant. Tenant shall have the right to use “risers” require Tenant to relocate the Communications Equipment and/or BVAC Equipment, as applicable, if in Landlord's opinion the Communications Equipment and/or HV AC Equipment, as applicable, is interfering with any other satellite dish or antenna of any other tenant in the Building (Buildings occupying a portion of the Buildings as of the Effective Date. Landlord shall use commercially reasonable efforts to cause any other tenant's communication equipment and/or HVAC equipment installed after Tenant's Communication Equipment that is interfering with Tenant's Communications Equipment to promptly relocate the same or otherwise cease such interference. In all events 31 Tenant will reasonably cooperate to initially locate all Communication Equipment and to install additional risers if necessary) as long as there is no adverse affect HV AC Equipment in a manner that will reasonably limit the potential interference with any other communication or HV AC equipment on the Building Structure roof; and accordingly, Landlord shall use reasonable efforts to cause any other tenant installing communication or Building SystemHVAC equipment· on the roof to initially locate the same in a manner that will minimize the potential interference. Nothing in this Section shall be construed as granting Tenant any line of sight easement with respect to such Communications Equipment and/or HV AC Equipment, as applicable. By granting Tenant the rights under this Section, Landlord makes no representation as to the legality of such Communications Equipment and/or HV AC Equipment, as applicable, or its/their installation. In addition to the foregoingevent that any federal, state, county, regulatory or other authority requires the removal or relocation of such Communications Equipment and/or HV AC Equipment, as applicable, Tenant shallshall remove or relocate the same at Tenant's sole cost and expense, at its option exercisable and Landlord shall under no circumstances be liable to Tenant therefor. The Communications Equipment and/or HV AC Equipment, as applicable, may be used by Tenant only in the conduct ofTen ant's customary business in the Premises and shall not be made available by Tenant for use by any other tenant in the Buildings or unrelated parties (e.g., a thirty cellular telecommunications provider). No assignee or subtenant (30other than a Permitted Transferee) days’ notice or any other tenant in the Buildings shall have any rights pursuant to Landlordthis Section, except that any approved sublessee or assignee of Tenant that occupies more than twenty thousand (20,000) rentable square feet of the Premises shall have the benefit of Ten ant's express rights under the terms of this Section 25(t) (but in no event will any subtenant or assignee have the right to use additional space on install telecommunications equipment for unrelated parties. Landlord and Tenant agree that Tenant's rights under the terms of this Section 25(t) to access the roof of the "Buildings" applies to both Buildings so long as Tenant is leasing space in both Buildings, but if Tenant is only leasing space in one (1) Building, then "Buildings" hereunder is deemed to mean the one (1) specific Building for Tenant’s additional HVAC equipment in which Tenant is leasing space. Except as expressly set forth to the contrary, the provisions of this Section 25(t) are personal to Ciena Corporation and any and Permitted Transferee that has assumed in writing all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). The proposed construction and installation and general appearance of the Satellite Dish and HVAC Unit shall be installed and maintained in compliance with Applicable Laws. Furthermore, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to Landlord and Tenant and Tenant shall have secured any necessary approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits to Landlord (if any), prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall pay for any and all costs and expenses in connection with the installation, approval, maintenance, use and removal of the Satellite Dish, Patio Area and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any rental for that portion of the roof of the Building on which the Satellite Dish, the Patio Area and the HVAC Unit shall be located. Furthermore, Tenant shall repair and maintain the Satellite Dish and the HVAC Unit in good order and repair at all times and shall repair and restore the Roof at the end of the Tenn. Any installations and the roof area on which they are located shall be deemed to be part of the Premises for purposes of Tenant’s insurance and indemnification Ciena Corporation's obligations under this LeaseLease in its entirety, and may be exercised only by Ciena Corporation and such Permitted Transferee and not by any assignee or other subtenant of Ciena Corporation. The right to use the roof shall be exclusive to Tenant or its permitted assignees or subtenants only (subject to all existing leases and options as of the Commencement Date) but Landlord may continue to use the roof to the extent necessary to provide services and utilities to the Building.u)

Appears in 1 contract

Samples: Lease Agreement

Roof Rights. During the Term of the Lease (as it may be extended), a) Tenant shall have the non-exclusive right to install use certain rooftop and maintainantenna space and certain related vertical penetrations in the rooftop and related interior space, as designated by Landlord on and within the Building (“Antenna Space”) for the use of communications antennas and/or satellite dishes for Tenant’s business (“Permitted Equipment”) and for no other purposes. Tenant shall have access to the rooftop upon twenty-four (24) hours prior notice to Landlord and when accompanied by a representative of Landlord. The location of all of such communications antennas and/or satellite dishes shall be at locations reasonably designated by Landlord provided that such locations will allow Tenant to transmit and receive reception without interference (“Interference Free Location”). If from time to time a location designated by Landlord, which initially is acceptable to Tenant as an Interference Free Location, subsequently becomes unacceptable because of conditions which create interference, Landlord shall designate and make available to Tenant a new Interference Free Location. The installation and any costs relating thereto, and the maintenance, repair, insurance obligations and liability, with respect to such communications antennas and/or satellite dishes, shall be borne completely by Tenant. (b) Tenant shall, at its sole cost and expense, obtain and maintain any and all permits, approvals and/or licenses required by the CC&Rs and any and all governmental agencies having jurisdiction over the Building for the construction, installation and operation of the Permitted Equipment. Tenant shall not use the Antenna Space in any way that interferes (electronically or otherwise) with the use of the Building by Landlord or by any third party office tenants or licensees of Landlord. Upon written notice from Landlord to Tenant of any such interference, Tenant shall immediately eliminate or mitigate such interference to the reasonable satisfaction of Landlord. If such interference cannot be eliminated or mitigated to the reasonable satisfaction of Landlord within five (5) business days following such notice, Tenant shall immediately cease operating the equipment or portion thereof causing such interference. Tenant shall not perform any maintenance, repairs, alterations or other work on the Permitted Equipment in any manner that disrupts or interferes with the use of the Building by Landlord or by other tenants or licensees of Landlord. Tenant shall not make any improvement or alteration or take any other action that affects the integrity of the roof of the Building, microwaves, satellite dishes, television antennas, related receiving equipment., related cable connections and any and all other related equipment (collectively, “Satellite Dish”) required in connection with Tenant’s communications and data transmission network and further, Tenant shall have the right to construct and maintain a patio area on the roof of the Building (“Patio Area”) provided that the design shall be subject to prior written approval by Landlord, which shall not be withheld unless a Design Problem exists. Prior to any such installation of any satellite dish by Tenant, Tenant shall furnish detailed plans and specifications for the installation, including the proposed location and method of attachment, to Landlord for approval, which approval shall not be withheld unless a Design Problem exists. Any such installation shall be attractively screened as may be required by Landlord or applicable governmental requirements. If reasonably requested by Landlord, a roofing company acceptable to Landlord shall at Tenant’s expense install an appropriate base upon which Tenant’s installation shall be mounted. All aspects and phases of Tenant’s installation, including any antenna or camera, and any associated electronic or other equipment, wiring, conduit, roof mount and base, shall at all times be subject to approval by Landlord not to be withheld unless a Design Problem exists. All approval and supervision rights of Landlord are intended solely to protect Landlord’s interests; Landlord shall have no obligation to Tenant to exercise any such power of supervision or approval. If Landlord fails to respond to a request for approval submitted in writing by Tenant within ten (10) business days of the request for approval, Landlord shall be deemed to have granted its approval. Tenant shall be responsible for procuring prior any damage, which Tenant or its agents or invitees may cause to any installation and maintaining in force at all times thereafter the roof. (c) Tenant shall cooperate with Landlord with respect to any and all consents, approvals, licenses and permits as may be required for the lawful installation, use and operation of Tenant’s system. maintenance and/or repair work performed by Landlord makes no warranties on or representations as to the permissibility or efficacy of any such installation by Tenant. Tenant shall have the right to use “risers” in the Building (and to install additional risers if necessary) as long as there is no adverse affect on the Building Structure or Building System. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC UnitRoof Work)) during the term, as the same may be extended. The proposed construction and installation and general appearance of the Satellite Dish and HVAC Unit shall be installed and maintained in compliance In connection with Applicable Laws. Furthermoresuch cooperation, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to Landlord and Tenant and Tenant shall have secured any necessary approval of all governmental authorities temporarily move and/or relocate, at Landlord’s sole cost and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unitexpense, and shall provide copies of such approvals and permits to Landlord (if any), prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall pay for any and all costs and expenses in connection with the installation, approval, maintenance, use and removal portions of the Satellite Dish, Patio Area Permitted Equipment and Tenant’s improvements on or to the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any rental for that portion of the roof of the Building Antenna Space located on which the Satellite Dish, the Patio Area and the HVAC Unit shall be located. Furthermore, Tenant shall repair and maintain the Satellite Dish and the HVAC Unit in good order and repair at all times and shall repair and restore the Roof at the end of the Tenn. Any installations and the roof area on which they are located shall be deemed to be part of the Premises for purposes of Tenant’s insurance and indemnification obligations under this Lease. The right to use the roof shall be exclusive to Tenant or its permitted assignees or subtenants only (subject to all existing leases and options as of the Commencement Date) but Landlord may continue to use the roof to the extent and for the duration reasonably necessary to provide services and utilities accommodate any Roof Work. Landlord shall notify Tenant not less than fifteen (15) business days prior to the Buildingcommencement of any Roof Work. Landlord shall use commercially reasonable efforts to prevent any interference with or to the use and operation of the Permitted Equipment by Tenant during the performance of any Roof Work. In the event that Landlord desires to remodel, improve or otherwise alter the Building so as to require the relocation of the Permitted Equipment, then upon sixty (60) days prior notice to Tenant, Tenant shall cooperate with Landlord in relocating the Permitted Equipment provided that (a) such relocation is at Landlord’s expense, and (b) such relocation does not have any adverse effect on the continued operation of the Permitted Equipment. (d) Upon termination of this Lease, Tenant shall (a) remove all of the Permitted Equipment and any and all other equipment, fixtures and personal property of Tenant from the Antenna Space, (b) repair any damage caused by such removal, and (c) surrender the Antenna Space to Landlord free and clear of all debris.

Appears in 1 contract

Samples: Building Lease Agreement (Artes Medical Inc)

Roof Rights. During Landlord hereby grants to Tenant an exclusive license (the Term of the Lease (as it may be extended), Tenant shall have the right to install and maintain, on the roof of the Building, microwaves, satellite dishes, television antennas, related receiving equipment., related cable connections and any and all other related equipment (collectively, Satellite DishLicense”) required in connection with Tenant’s communications to install, maintain and data transmission network and further, Tenant shall have the right to construct and maintain a patio area operate on the roof of the Building antenna or satellite dish equipment not exceeding four hundred square feet of roof space (the Patio AreaAntenna Equipment”) provided that in accordance with and subject to the design terms and conditions set forth below. The Antenna Equipment shall be subject installed at a location(s) designated by Landlord and reasonably acceptable to prior written approval by Landlord, which shall not be withheld unless a Design Problem exists. Prior to any Tenant (such installation of any satellite dish by Tenant, Tenant shall furnish detailed plans and specifications for location(s) as the installation, including the proposed location and method of attachment, to Landlord for approval, which approval shall not be withheld unless a Design Problem exists. Any such installation shall be attractively screened as same may be required by Landlord or applicable governmental requirements. If reasonably requested by Landlordexpanded from time to time, a roofing company acceptable to Landlord shall at Tenant’s expense install an appropriate base upon which Tenant’s installation shall be mounted. All aspects and phases of Tenant’s installation, including any antenna or camera, and any associated electronic or other equipment, wiring, conduit, roof mount and base, shall at all times be subject to approval by Landlord not to be withheld unless a Design Problem exists. All approval and supervision rights of Landlord are intended solely to protect Landlord’s interests; Landlord shall have no obligation to Tenant to exercise any such power of supervision or approval. If Landlord fails to respond to a request for approval submitted in writing by Tenant within ten (10) business days of being the request for approval, Landlord shall be deemed to have granted its approval. Tenant shall be responsible for procuring prior to any installation and maintaining in force at all times thereafter any and all consents, approvals, licenses and permits as may be required for the lawful installation, use and operation of Tenant’s system. Landlord makes no warranties or representations as to the permissibility or efficacy of any such installation by Tenant. Tenant shall have the right to use risers” in the Building (and to install additional risers if necessary) as long as there is no adverse affect on the Building Structure or Building System. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC UnitLicensed Area”). The proposed construction and installation and general appearance of the Satellite Dish and HVAC Unit Licensed Area shall be installed and maintained in compliance with Applicable Laws. Furthermore, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to Landlord and Tenant and Tenant shall have secured any necessary approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits to Landlord (if any), prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall pay for any and all costs and expenses in connection with the installation, approval, maintenance, use and removal of the Satellite Dish, Patio Area and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any rental for that portion of the roof of the Building on which the Satellite Dish, the Patio Area and the HVAC Unit shall be located. Furthermore, Tenant shall repair and maintain the Satellite Dish and the HVAC Unit in good order and repair at all times and shall repair and restore the Roof at the end of the Tenn. Any installations and the roof area on which they are located shall be deemed considered to be a part of the Premises for all purposes under the Lease, and except as otherwise expressly provided in this Paragraph all provisions applicable to the use of the Premises under the Lease shall apply to the Licensed Area and its use by Tenant. (i) The Term of the License shall be coterminous with this Lease, as it may be extended or renewed; (ii) Tenant shall not be obligated to pay any license fee for the use of the Licensed Area pursuant to this Paragraph 43 during the Term of this Lease, as the same may be extended or renewed. (iii) Tenant shall use the Licensed Area only for the installation, operation, repair, replacement and maintenance of the Antenna Equipment and the necessary mechanical and electrical equipment to service said Antenna Equipment, and for no other use or purpose. The installation of the Antenna Equipment, and all equipment and facilities related thereto, including any required screening for the Antenna Equipment and any required conduit from the Premises to the Antenna Equipment, shall be deemed to constitute an Alteration subject to the provisions of Paragraph 13 of this Lease, provided that Landlord shall not unreasonably withhold, condition or delay its approval of the same. Landlord may require appropriate screening for the Antenna Equipment as a condition of Landlord’s approval of the installation of the Antenna Equipment in a particular location. Tenant may have access to the Licensed Area for such uses at all times upon reasonable prior notice to Landlord and shall reimburse Landlord for any reasonable out-of-pocket expenses incurred by Landlord in connection therewith; (iv) The Antenna Equipment shall be used only for transmitting and/or receiving data, audio and/or video signals to and from Tenant’s facilities within the Premises for Tenant’s use, and shall not be used or permitted to be used by Tenant for purposes of broadcasting signals to the public or to provide telecommunications or other communications transmitting or receiving services to any third parties; (v) Landlord reserves the right upon reasonable prior written notice to Tenant to require the removal of the Antenna Equipment should Landlord reasonably determine that its presence results in material damage to the Building unless Tenant makes satisfactory arrangements to protect Landlord therefrom; (vi) Tenant shall require its employees, when using the Licensed Area, to stay within the immediate vicinity thereof. In addition, in the event any communications system or broadcast or receiving facilities are operating in the area, Tenant shall at all times during the term of the License conduct its operations so as to ensure that such system or facilities shall not be subjected to harmful interference as a result of such operations by Tenant. Upon notification from Landlord of any such interference, Tenant agrees to promptly take the necessary steps to correct such situation, and Tenant’s failure to do so shall be deemed a default under the terms of this Lease. (vii) During the term of the License, Tenant shall comply with any standards promulgated by applicable governmental authorities or otherwise reasonably established by Landlord regarding the generation of electromagnetic fields. Should Landlord determine in good faith at any time that the Antenna Equipment poses a health or safety hazard to occupants of the Building, Landlord may require Tenant to make arrangements satisfactory to Landlord to mitigate such hazard or, if Tenant either fails or is unable to make such satisfactory arrangements, to remove the Antenna Equipment. Any claim or liability resulting from the use of the Antenna Equipment or the Licensed Area shall be subject to the indemnification provisions of this Lease applicable to Tenant’s use of the Premises; (viii) During the term of the License, Tenant shall pay all taxes attributable to the Antenna Equipment and other equipment owned and installed by Tenant, and Tenant shall assure and provide Landlord with reasonable evidence that the Licensed Area and Tenant’s use thereof are subject to the insurance coverages otherwise required to be maintained by Tenant as to the Premises pursuant to Paragraph 8.2 above; (ix) Upon the expiration or sooner termination of the Lease, Tenant shall remove the Antenna Equipment and indemnification all related equipment and facilities, including any conduit from the Premises to the Antenna Equipment, from the Licensed Area and any other portions of the Building within or upon which the same may be installed, and shall restore the Licensed Area and all other areas affected by such removal to their original condition, reasonable wear and tear, casualty, condemnation and Landlord’s maintenance, repair, replacement and restoration obligations excepted, all at its sole cost and expense. (x) Tenant’s rights under this Lease. The right Paragraph 43 belong solely to use the roof Bloom Energy Corporation, a Delaware corporation, and to any Permitted Transferee to which this Lease is assigned or transferred, and any other attempted assignment or transfer of such rights shall be exclusive to Tenant or its permitted assignees or subtenants only (subject to all existing leases void and options as of the Commencement Date) but Landlord may continue to use the roof to the extent necessary to provide services no force and utilities to the Buildingeffect.

Appears in 1 contract

Samples: Net Lease Agreement (Bloom Energy Corp)

Roof Rights. During Subject to availability, Tenant shall be permitted, at its sole cost and expense, to install equipment for telecommunications, data transmission, antennas and satellite dishes, Tenant-specific dunnage, mechanical equipment, heat exchangers and HVAC equipment (“Tenant’s Rooftop Equipment”) on the Term rooftop of the Lease Building. The exact specifications of Tenant’s Rooftop Equipment, the method of installing the Tenant’s Rooftop Equipment and the location on the rooftop for Tenant’s Rooftop Equipment shall all be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed; however, Landlord’s determination of matters relating to the Base Building shall be in Landlord’s sole discretion. Tenant and Tenant’s contractors shall, upon reasonable prior notice to Landlord, have reasonable access to the roof in order to inspect, service, repair, maintain and replace any Tenant’s Rooftop Equipment located thereon, subject to Landlord’s reasonable rules and regulations relative to the access to and use of the rooftop. Tenant shall use Landlord’s roof contractor for the installation of flashing for any rooftop penetrations necessary for the placement of Tenant’s Rooftop Equipment on the rooftop of the Building. Tenant’s use of Tenant’s Rooftop Equipment shall be upon all of the conditions of the Lease, except as modified below: A. It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing all necessary connections (the “Connections”) between Tenant’s Rooftop Equipment and the Premises. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install or operate the Connections in any portion of the Building until (x) Tenant shall have obtained Landlord’s prior written approval, which approval will not be unreasonably withheld, conditioned or delayed (however, Landlord’s determination of matters relating to the Base Building shall be in Landlord’s sole discretion), of Tenant’s plans and specifications for the placement and installation of the Connections, and (y) Tenant shall have obtained and delivered to Landlord copies of all required governmental and quasi-governmental permits, approvals, licenses and authorizations necessary for the lawful installation, operation and maintenance of the Connections. Landlord shall inform Tenant at the time of its review of the Connections whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Lease. B. Except as it may be extended)otherwise set forth in this Lease, Landlord shall have no liability to Tenant for the installation and subsequent operation of Tenant’s Rooftop Equipment. C. Landlord shall have no obligation to provide any services to Tenant’s Rooftop Equipment, provided, however, Tenant shall have the right to install access telephone/data closets and maintainshafts and conduits in the Building, on plenum areas and other pathways in the roof Building in order to connect the Tenant’s Rooftop Equipment to the Premises, subject to Landlord’s right to reasonably approve such connections and to Landlord’s reasonable rules and regulations relative to the access to and the use of such areas within the Building. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 9.28, arrange for all utility services required for the operation of Tenant’s Rooftop Equipment. D. Tenant shall, at its sole cost and expense, be solely responsible for all maintenance and repair to Tenant’s Rooftop Equipment and the Connections. E. Tenant shall have no right to make any changes, alterations, signs, or other improvements to Tenant’s Rooftop Equipment or the Connections without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; however, Landlord’s determination of matters relating to the Base Building shall be in Landlord’s sole discretion. F. Tenant shall be responsible for the cost of repairing any damage to the Building caused by its use of Tenant’s Rooftop Equipment and the Connections or any work related thereto. G. Except for assignees of this Lease or subtenants of all or a portion of the Premises, no other person, firm or entity (including, without limitation, other tenants, licensees or occupants of the Building, microwaves, satellite dishes, television antennas, related receiving equipment., related cable connections and any and all other related equipment (collectively, “Satellite Dish”) required in connection with Tenant’s communications and data transmission network and further, Tenant shall have the right to construct connect to Tenant’s Rooftop Equipment other than Tenant. H. To the maximum extent permitted by law, but except to the extent resulting from the negligence or willful misconduct of Landlord or any of Landlord’s agents, employees or contractors, Tenant’s use of Tenant’s Rooftop Equipment and maintain a patio area the Connections shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that Tenant’s Rooftop Equipment and the Connections are damaged for any reason. I. Tenant shall comply with all applicable laws, ordinances and regulations in Tenant’s use of Tenant’s Rooftop Equipment and the Connections. J. Tenant’s Rooftop Equipment and the Connections shall not interfere with the maintenance, use, occupancy or operation of the Building by Landlord or any other tenant, occupant or licensee of the Building (including, without limitation, interference with any communications equipment, telephones, radios, CATV, MATV, televisions, HVAC systems, elevators or computers in place as of the date Tenant installs Tenant’s Rooftop Equipment and Connections). In the event any such interference is not cured by Tenant within thirty (30) days after written notice thereof from Landlord to Tenant, Landlord shall have the right to require Tenant to relocate or remove Tenant’s Rooftop Equipment causing such disturbance. K. Landlord shall have the right, upon no less than ninety (90) days’ notice to Tenant and at Landlord’s sole cost and expense, to relocate any of Tenant’s Rooftop Equipment and the Connections to another location on the roof of the Building (“Patio Area”) reasonably acceptable to Tenant provided that the design shall be subject to prior written approval by Landlord, which shall such relocation does not be withheld unless a Design Problem exists. Prior to any such installation of any satellite dish by Tenant, Tenant shall furnish detailed plans and specifications for the installation, including the proposed location and method of attachment, to Landlord for approval, which approval shall not be withheld unless a Design Problem exists. Any such installation shall be attractively screened as may be required by Landlord or applicable governmental requirements. If reasonably requested by Landlord, a roofing company acceptable to Landlord shall at adversely affect Tenant’s expense install an appropriate base upon which Tenant’s installation shall be mounted. All aspects and phases use of Tenant’s installation, including any antenna or camera, Rooftop Equipment and any associated electronic or other equipment, wiring, conduit, roof mount Landlord makes temporary arrangements for Tenant’s Rooftop Equipment to continue to operate during such relocation. L. Tenant’s Rooftop Equipment and base, shall at all times be subject to approval by Landlord not to be withheld unless a Design Problem exists. All approval and supervision rights of Landlord are intended solely to protect Landlord’s interests; Landlord shall have no obligation to Tenant to exercise any such power of supervision or approval. If Landlord fails to respond to a request for approval submitted in writing by Tenant within ten (10) business days of the request for approval, Landlord Connections shall be deemed to have granted its approval. Tenant shall be responsible for procuring prior to any installation and maintaining in force at all times thereafter any and all consents, approvals, licenses and permits as may be required a part of the Premises for the lawful installation, use purposes of the indemnity and operation insurance provisions of Tenant’s system. Landlord makes no warranties or representations as to the permissibility or efficacy of any such installation by Tenant. Tenant shall have the right to use “risers” in the Building (and to install additional risers if necessary) as long as there is no adverse affect on the Building Structure or Building SystemArticle VIII above. In addition to and not in limitation of the foregoing, Tenant shall, at its option exercisable to the maximum extent permitted by a thirty (30) days’ notice to law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from Tenant’s use of Tenant’s Rooftop Equipment and the Connections. M. Landlord shall have the right to use additional space designate or identify Tenant’s Rooftop Equipment and any related components or conduits with or by a lease or license number (or other marking) and to place such number (or marking) on or near such Tenant’s Rooftop Equipment. N. To the roof extent such removal requirement was specified by Landlord to Tenant at the time Landlord approved Tenant’s plans therefor, Tenant shall be required to remove Tenant’s Rooftop Equipment and the Connections upon the expiration or earlier termination of this Lease and to repair any damage caused by the installation or removal of the same and restore the impacted portions of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). The proposed construction and installation and general appearance of the Satellite Dish and HVAC Unit shall be installed and maintained condition they were in compliance with Applicable Laws. Furthermore, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to Landlord and Tenant and Tenant shall have secured any necessary approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits to Landlord (if any), prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall pay for any and all costs and expenses in connection with the installation, approval, maintenance, use and removal of the Satellite Dish, Patio Area and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any rental for that portion of the roof of the Building on which the Satellite Dish, the Patio Area and the HVAC Unit shall be located. Furthermore, Tenant shall repair and maintain the Satellite Dish and the HVAC Unit in good order and repair at all times and shall repair and restore the Roof at the end of the Tenn. Any installations and the roof area on which they are located shall be deemed to be part of the Premises for purposes of Tenant’s insurance and indemnification obligations under this Lease. The right to use the roof shall be exclusive to Tenant or its permitted assignees or subtenants only (subject to all existing leases and options as of the Commencement Date) but Landlord may continue to use the roof to the extent necessary to provide services and utilities to the Building.

Appears in 1 contract

Samples: Lease Agreement (Allovir, Inc.)

Roof Rights. During the Term of the Lease (as it may be extended), a) Tenant shall have a license, which is revocable only in accordance with the right provisions of this Section 10.9 and upon the Expiration Date (at no cost to install Tenant, other than as set forth herein) to utilize roof space for the installation and maintainoperation of one or more communications antennae, microwave or satellite dishes, together with related equipment, mountings, and supports (collectively, “Telecommunications Equipment”), and Landlord shall provide Tenant with such space on the roof of the Building as is reasonably necessary for the installation and operation of Tenant’s Telecommunications Equipment (but in no event shall the aggregate amount of such space exceed at any point in time Tenant’s proportionate share of space on the roof of the Building allocated by Landlord to office tenants, so long as Tenant demonstrates, to the reasonable satisfaction of Landlord, that Tenant requires such roof space; it being agreed that in no event shall Tenant be entitled to less than sixteen (16) square feet of such roof space), subject to the terms of this Section 10.9. Tenant acknowledges and agrees that any use of the roof space by Tenant for the installation and operation of Tenant’s Telecommunications Equipment shall be on a non-exclusive basis, except as to that portion of the roof space provided by Landlord to Tenant as aforesaid. Tenant may use the roof space solely for Tenant’s own use and for the use of Tenant’s permitted subtenants, provided that Landlord shall not charge such subtenants any fee, rent or other direct or indirect charge for such usage (and not for resale purposes); provided, however, that Tenant shall be entitled to license a portion of its roof space and riser space to a third party carrier for the provision of communications and data services solely within the Premises, subject to Landlord’s reasonable approval (provided that no fee, rent or other direct or indirect charge shall be charged to the licensee therefor). The height, diameter, design and installation of the satellite dishes or other telecommunications equipment shall be subject to Landlord’s approval, which shall not be unreasonably withheld or delayed. In connection therewith, Landlord shall make available to Tenant access to the roof space for the construction, installation, maintenance, repair, operation and use of Tenant’s Telecommunications Equipment. All work in connection with the installation of Tenant’s Telecommunications Equipment, including core drilling, if required, shall be performed at Tenant’s sole cost and expense, including the cost of a fire watch and related supervisory costs relating to any core drilling, which shall be performed in such a manner and at such times as Landlord shall reasonably prescribe. References in this Section 10.9 to the Telecommunications Equipment shall be deemed to include access to the Risers (subject to the provisions of Sections 10.17 and 10.18 hereof) and the electrical and telecommunication conduits therein so as to allow Tenant’s Telecommunications Equipment to function properly. (b) Tenant shall use and maintain Tenant’s Telecommunications Equipment so as not to cause any damage to or interference with (i) the operation of the Building or Building systems or (ii) any Telecommunications Equipment installed on the roof space by licensees, occupants and other tenants in the Building. The installation of any Telecommunications Equipment by Tenant shall constitute a Non-Standard Alteration and shall be performed at Tenant’s sole cost and expense (including any costs and expenses in connection with reinforcing the roof of the Building, microwavesif required) in accordance with and subject to the provisions of Article 4. All of the provisions of this Lease shall apply to the installation, satellite dishesuse and maintenance of the Tenant’s Telecommunications Equipment, television antennasincluding all provisions relating to compliance with Legal Requirements (including all FCC rules and regulations), related receiving insurance, indemnity, repairs and maintenance. Tenant’s Telecommunications Equipment shall not be used or occupied by others (except by Tenant’s permitted subtenants, provided that Landlord shall not charge such subtenants any fee, rent or other direct or indirect charge for such usage), and this license shall not be assignable, sublet or otherwise transferable by Tenant separately from this Lease, except as provided herein. Tenant’s Telecommunications Equipment shall be treated for all purposes of this Lease as Tenant’s Property. (c) If Landlord shall determine, in its reasonable judgment, that any Tenant’s Telecommunications Equipment (i) will cause a health hazard or danger to property, (ii) will not be in accordance with applicable Legal Requirements, or (iii) interferes with the operation of the Building or the Building Systems or Landlord’s use of the roof, including the use of the roof by Landlord or other tenants, licensees or occupants of the Building of data transmission equipment thereon installed prior to the installation of Tenant’s Telecommunications Equipment (other than in the case of any modification of or addition to any of Tenant’s Telecommunications Equipment that is made subsequent to the installation of such other Person’s data transmission equipment.), related cable connections then, if Tenant is unable to promptly cause such Telecommunications Equipment to comply with such Legal Requirements, xxxxx such health hazard, danger to property or interference, Tenant, at its sole cost and expense, shall remove such Telecommunications Equipment from the roof of the Building (subject to the proviso set forth below) and, Tenant may, at Tenant’s option, but subject to Landlord’s approval as provided in Section 10.9(a), replace such Telecommunications Equipment with Telecommunications Equipment which complies with such Legal Requirements and/or does not cause such health hazard, danger to property or interference (provided that solely with respect to any such interference under clause (iii) above, if Tenant’s Telecommunications Equipment initially installed interferes with telecommunications equipment of Landlord or other tenants subsequently installed, then Tenant shall not be required to remove such Telecommunications Equipment, but shall, at Landlord’s request, use reasonable efforts to minimize such interference). Notwithstanding the foregoing, Landlord may at its option, at any time during the Term after reasonable prior notice to Tenant (except in the event of an emergency) require Tenant, using Landlord’s roofing contractor and any other contractors reasonably required by Landlord, to relocate Tenant’s Telecommunications Equipment to another area on the roof designated by Landlord, at Landlord’s sole cost and expense; provided that such relocation of Tenant’s Telecommunications Equipment does not cause the transmission or reception of communication signals to be materially interrupted or impaired other than temporarily during the process of relocating such Telecommunications Equipment. Landlord agrees that it shall not exercise its option to relocate Tenant’s Telecommunications Equipment, as set forth in the previous sentence, more than (A) four (4) times during the initial Term and (B) four (4) times in the aggregate during all other related equipment (collectively, “Satellite Dish”) required of the Renewal Term(s); provided that any relocations in connection with Tenant’s communications and data transmission network and furtherLegal Requirements or emergency situations shall not be governed by such limitations. Landlord shall use commercially reasonable efforts to include provisions substantially similar to this Section 10.9(c) in all leases for space in the Building entered into by Landlord after the date hereof. (d) If during the Term, Tenant shall have the right cease to construct and maintain a patio area use any Tenant’s Telecommunications Equipment located on the roof of the Building (“Patio Area”) provided that the design shall be subject to prior written approval by Landlord, which shall not be withheld unless a Design Problem exists. Prior to any such installation of any satellite dish by Tenant, Tenant shall furnish detailed plans and specifications for the installation, including the proposed location and method of attachment, to Landlord for approval, which approval shall not be withheld unless a Design Problem exists. Any such installation shall be attractively screened as may be required by Landlord or applicable governmental requirements. If reasonably requested by Landlord, a roofing company acceptable to Landlord shall at other than Tenant’s expense install an appropriate base upon which Tenant’s installation shall be mounted. All aspects Telecommunications Equipment located in not more than sixteen (16) square feet of roof space) for a period of time in excess of three hundred sixty-five (365) days and phases of Tenant’s installation, including any antenna or camera, and any associated electronic or other equipment, wiring, conduit, roof mount and base, shall at all times be subject Landlord delivers to approval by Landlord not to be withheld unless Tenant a Design Problem exists. All approval and supervision rights of Landlord are intended solely to protect notice setting forth Landlord’s interests; Landlord shall have no obligation intention to Tenant to exercise any take such power of supervision or approval. If Landlord fails to respond to a request for approval submitted in writing by Tenant within ten (10) business days of the request for approval, Landlord shall be deemed to have granted its approval. Tenant shall be responsible for procuring prior to any installation and maintaining in force at all times thereafter any and all consents, approvals, licenses and permits as may be required for the lawful installation, use and operation of Tenant’s system. Landlord makes no warranties or representations as to the permissibility or efficacy of any such installation by Tenant. Tenant shall have the right to use “risers” in the Building (and to install additional risers if necessary) as long as there is no adverse affect space on the Building Structure or Building System. In addition to the foregoingroof back from Tenant, Tenant shall, at its sole cost and expense, remove such Telecommunications Equipment from the roof of the Building within sixty (60) days after receipt of such notice from Landlord and Tenant shall have no further rights under this Section 10.9 unless Tenant (i) notifies Landlord within such sixty (60) day period of its intention to reinstitute use of such Telecommunications Equipment or replace same, (ii) takes significant steps to reinstitute use of such Telecommunications Equipment or replace same within ninety (90) days after delivery by Tenant of such notice and (iii) actually reinstitutes use of such Telecommunications Equipment or replaces same within one hundred eighty (180) days after delivery by Tenant of such notice. (e) Other than as set forth in this Section 10.9, Landlord shall not have any obligations with respect to Tenant’s Telecommunications Equipment or compliance with any Legal Requirements (including the obtaining of any required permits or licenses, or the maintenance thereof) relating thereto. Landlord makes no representation that Tenant’s Telecommunications Equipment will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof) and Tenant agrees that Landlord shall not be liable to Tenant therefor, except for such disruption or interference solely caused by the gross negligence or willful misconduct of Landlord. Landlord shall use commercially reasonable efforts to include provisions substantially similar to this Section 10.9 in all leases for space in the Building entered into by Landlord after the date hereof to provide that Landlord will relocate (at no cost to Tenant) the telecommunications equipment of Landlord or another tenant, licensee or occupant if same interferes with Tenant’s Telecommunications Equipment installed prior to such other Person’s telecommunications equipment (except with respect to any modifications to Tenant’s Telecommunications Equipment made subsequent to the installation of such other Person’s telecommunications equipment). (f) Tenant shall (i) be solely responsible for any damage caused as a result of the use of Tenant’s Telecommunications Equipment, (ii) subject to the provisions of Section 8.2 and this Section 10.9, promptly pay any tax, license, permit or other fees or charges imposed pursuant to any Legal Requirements or insurance requirements relating to the installation, maintenance or use of such Telecommunications Equipment, (iii) promptly comply with all precautions and safeguards reasonably required by Landlord’s insurance company and all Governmental Authorities, and (iv) perform all necessary repairs or replacements to, or maintenance of, such Telecommunications Equipment, provided, however, that if Tenant’s failure to so repair, replace or maintain such Telecommunications Equipment jeopardizes the property of Landlord or any other tenant located on the roof or within the Building, Landlord may, at Landlord’s option exercisable by a thirty and after twenty (3020) days’ notice to LandlordTenant (except in an emergency, have the right in which case such notice shall be oral, with written notice to use additional space on the roof of the Building for follow reasonably promptly thereafter), elect to perform such repairs, replacements or maintenance at Tenant’s additional HVAC equipment sole cost and expense. Landlord shall give Tenant reasonable prior notice of its election to perform such repairs to the extent Landlord is granted such rights pursuant to the terms of this Section 10.9(f), except in an emergency, in which case such notice shall be oral, with written notice to follow reasonably promptly thereafter. (g) Tenant acknowledges and agrees that the privileges granted Tenant under this Section 10.9 shall not, now or at any and all related equipment to accommodate time after the installation of Tenant’s excess HVAC requirements (collectivelyTelecommunications Equipment, “HVAC Unit”). The proposed construction and installation and general appearance of the Satellite Dish and HVAC Unit shall be installed and maintained in compliance with Applicable Laws. Furthermore, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to Landlord and Tenant and Tenant shall have secured any necessary approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits to Landlord (if any), prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall pay for any and all costs and expenses in connection with the installation, approval, maintenance, use and removal of the Satellite Dish, Patio Area and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any rental for that portion of the roof of the Building on which the Satellite Dish, the Patio Area and the HVAC Unit shall be located. Furthermore, Tenant shall repair and maintain the Satellite Dish and the HVAC Unit in good order and repair at all times and shall repair and restore the Roof at the end of the Tenn. Any installations and the roof area on which they are located shall be deemed to grant Tenant a leasehold or other real property interest in the Building or any portion thereof, including the Building’s roof. The license granted to Tenant in this Section 10.9 shall automatically terminate and expire upon the expiration or earlier termination of this Lease (including renewals) and the termination of such license shall be part of self-operative and no further instrument shall be required to effect such termination. Notwithstanding the Premises for purposes foregoing, upon request by Landlord, Tenant, at Tenant’s reasonable expense, shall promptly execute and deliver to Landlord, in recordable form, any certificate or other document reasonably required by Landlord confirming the termination of Tenant’s insurance and indemnification obligations under this Lease. The right to use the roof of the Building. Any dispute between Landlord and Tenant under this Section 10.9 shall be exclusive submitted to Tenant or its permitted assignees or subtenants only (subject arbitration pursuant to all existing leases and options as of the Commencement Date) but Landlord may continue to use the roof to the extent necessary to provide services and utilities to the BuildingArticle 34.

Appears in 1 contract

Samples: Lease Agreement (Moodys Corp /De/)

Roof Rights. During (a) Subject to the Term requirements of this Section 19.01, Tenant may install, maintain and operate, at Tenant’s sole cost and expense, satellite dishes, antennas and other telecommunications equipment and infrastructure (collectively, the “Roof Equipment”) in an area up to 25 square feet on the portion of the Lease roof of the Building initially as shown on the plan attached hereto as Exhibit EE (“Tenant’s Roof Space”) and vertically mounted antennae in the locations shown on Exhibit EE, subject to relocation as it may provided in this Article 19 or as agreed by the parties, but there shall be extended), Tenant shall have no increase in the Fixed Rent payable for Tenant’s right to install use such area of the roof as permitted under this Article 19. Tenant may, at Tenant’s sole cost and maintainexpense, run a cable from the area in which the Roof Equipment is located into the Premises through conduit space shown on Exhibit EE attached hereto (subject to Landlord’s right to perform such work in areas outside the Premises in accordance with Section 4.05(a)). The size of the Roof Equipment, and the location thereof on the structure provided therefor on the roof of the Building, microwavesshall be subject to Landlord’s approval, satellite dishessuch approval not to be unreasonably withheld, television antennas, related receiving equipment., related cable connections and any and all other related equipment conditioned or delayed. Tenant acknowledges that (collectively, “Satellite Dish”i) required in connection with Tenant’s communications and data transmission network and further, Tenant shall have the right to construct and maintain a patio area on use of the roof of the Building (“Patio Area”) provided that the design shall be subject to prior written approval by Landlord, which shall not be withheld unless is a Design Problem exists. Prior to any such installation of any satellite dish by Tenant, Tenant shall furnish detailed plans and specifications for the installation, including the proposed location and method of attachment, to Landlord for approval, which approval shall not be withheld unless a Design Problem exists. Any such installation shall be attractively screened as may be required by Landlord or applicable governmental requirements. If reasonably requested by Landlord, a roofing company acceptable to Landlord shall at Tenant’s expense install an appropriate base upon which Tenant’s installation shall be mounted. All aspects and phases of Tenant’s installation, including any antenna or camera, and any associated electronic or other equipment, wiring, conduit, roof mount and base, shall at all times be subject to approval by Landlord not to be withheld unless a Design Problem exists. All approval and supervision rights of Landlord are intended solely to protect Landlord’s interests; Landlord shall have no obligation to Tenant to exercise any such power of supervision or approval. If Landlord fails to respond to a request for approval submitted in writing by Tenant within ten (10) business days of the request for approval, Landlord shall be deemed to have granted its approval. Tenant shall be responsible for procuring prior to any installation and maintaining in force at all times thereafter any and all consents, approvals, licenses and permits as may be required for the lawful installation, non-exclusive use and operation of Tenant’s system. Landlord makes no warranties or representations as to the permissibility or efficacy of may permit any such installation by Tenant. Tenant shall have the right Person to use “risers” in the Building (and to install additional risers if necessary) as long as there is no adverse affect on the Building Structure or Building System. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). The proposed construction and installation and general appearance of the Satellite Dish and HVAC Unit shall be installed and maintained in compliance with Applicable Laws. Furthermore, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to Landlord and Tenant and Tenant shall have secured any necessary approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits to Landlord (if any), prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall pay for any and all costs and expenses in connection with the installation, approval, maintenance, use and removal of the Satellite Dish, Patio Area and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any rental for that other portion of the roof of the Building on which for any use (provided that Tenant’s use of the Satellite Dish, the Patio Area and the HVAC Unit Tenant Roof Space shall be located. Furthermore, Tenant shall repair and maintain exclusive to Tenant); (ii) the Satellite Dish and the HVAC Unit in good order and repair at all times and shall repair and restore installation of the Roof at the end of the Tenn. Any installations and the roof area on which they are located Equipment shall be deemed to be part an Alteration; (iii) if Landlord’s structural engineer recommends that there be structural reinforcement of the Premises for purposes roof of the Building in connection with the installation of the Roof Equipment, Landlord shall, prior to any installation of the Roof Equipment, perform the same at Tenant’s insurance sole cost and indemnification obligations under expense of Landlord’s Actual Costs, plus Landlord’s 3% fee and 3% overhead (except with respect to Tenant’s Generator Equipment); (iv) without limiting the other conditions set forth in this Lease. The Section 19.01, such installation (including, without limitation, any structural reinforcements performed in connection therewith) shall be performed in compliance with all of the provisions of Section 4.02 and the other provisions of this Lease applicable to Alterations; (v) Tenant, at Tenant’s expense, shall comply with all Laws including, without limitation, any requirement to install screening surrounding such installations, and shall 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 Roof Equipment on the roof of the Building by any governmental authority having jurisdiction thereof); (vi) Tenant shall promptly repair any damage (whether structural or non-structural) caused to the roof or any other portion of the Building or its fixtures, equipment and appurtenances by reason of the installation, maintenance or operation of the Roof Equipment (or, at Landlord’s election, Landlord shall perform such repairs and Tenant shall reimburse Landlord for the Actual Costs incurred by Landlord in connection with such performance (plus Landlord’s 3% fee and 3% overhead) within 30 days after rendition of a reasonably detailed xxxx therefor); (vii) the installation, operation and maintenance of the Roof Equipment shall not interfere with the operation and maintenance of any installations existing on the date Tenant installs the Roof Equipment, and the installation, operation and maintenance of any installations on the roof made by Landlord or by other tenants or occupants of the Building after the date Tenant installs the Roof Equipment (except those the location of which is mandated by Laws or another like circumstance as to which Landlord has no control) shall not interfere with the operation and maintenance of the Roof Equipment; (viii) if Tenant’s installation, operation or maintenance of the Roof Equipment shall interfere with Landlord’s rights (including, without limitation, Landlord’s right to use any other portion of the roof of the Building for any purposes) or the rights of other present or future tenants or occupants in the Building, or if Landlord’s or another user’s installation, operation or maintenance of equipment on the roof shall interfere with Tenant’s rights under this Section 19.01, then, in any of the foregoing cases, the parties shall cooperate with one another in eliminating such interference; provided that the cost of remedying such interference shall be exclusive borne by the party which is suffering such interference, unless such party’s equipment was installed on the roof of the Building prior to the installation on the roof of the Building of the interfering equipment by the interfering party, in which case the cost of remedying such interference shall be borne by the interfering party; (ix) Tenant shall pay any additional or its permitted assignees or subtenants only increased Actual Costs of insurance premiums incurred by Landlord, and shall obtain and pay Actual Costs of 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 Roof Equipment; and (x) no Roof Equipment shall violate the terms of any restrictive covenant and/or light and air easement recorded against the Land. Landlord shall use commercially reasonable efforts to obtain the right for Tenant to use space on the roof of other buildings in Xxxxxx Yards to install antennae and related equipment with a southern view, subject to all existing leases and options as availability of space, provided that the parties shall agree on Tenant’s specific rights with respect to such rooftop (b) If the installation, maintenance or operation of the Commencement Date) but Roof Equipment shall revoke, negate or in any manner impair or limit any roof warranty or guaranty for the Building, then Tenant shall reimburse Landlord may continue for the Actual Costs incurred by Landlord as a result thereof. Tenant shall remove the Roof Equipment upon the expiration or earlier termination of the Term, repair any damage to use the roof of the Building caused by the installation or removal of the Roof Equipment and restore the rooftop or any other portions of the Building to their condition existing immediately prior to Tenant’s installation of the Roof Equipment, all at Tenant’s expense (or, at Landlord’s election, Landlord shall perform such repairs and restoration and Tenant shall reimburse Landlord for the reasonable Actual Costs thereof within 30 days after rendition of a reasonably detailed xxxx therefor). Landlord shall have no liability to repair or maintain the Roof Equipment, nor shall Landlord be liable for any damage to the Roof Equipment, except to the extent necessary to provide services and utilities such damage is caused by the negligence or willful misconduct of Landlord or any Landlord Indemnified Party. (c) For the purpose of installing, operating, repairing, replacing, inspecting or maintaining the Roof Equipment, Tenant shall have access to the Buildingroof of the Building at all times, and Landlord shall have the right to require, as a condition to such access, that Tenant (or Tenant’s employee, contractor or other representative) at all times be supervised by the appropriate operations personnel who Landlord shall make available upon reasonable notice, and Tenant agrees to pay, within 30 days after demand therefor, the Actual Cost for such operations personnel. Landlord will install on the roof (i) a security card reader to restrict access to persons holding access cards issued by Landlord, and (ii) one or more security cameras, and, in each case, Tenant agrees to pay, within 30 days after demand therefor delivered together with reasonably detailed supporting documentation, the Actual Cost of such equipment and installation, plus Landlord’s 3% fee and 3% overhead.

Appears in 1 contract

Samples: Lease (BlackRock Inc.)

Roof Rights. During (a) Subject to the Term provisions of Article 8 of this Lease, if sufficient space is available (it being understood that space shall not be “available” to the extent Landlord reserves space for other tenants or occupants of the Lease (as it may be extendedBuilding), Landlord shall not unreasonably withhold its consent to the installation by Tenant shall have the right to install of one or more communications antennae, microwave or satellite dishes, together with related equipment, mountings, and maintainsupports (collectively, “Telecommunications Equipment”), on the roof of the Building, microwaves, satellite dishes, television antennas, related receiving equipment., related cable connections and any and all other related equipment (collectively, “Satellite Dish”) required Building in connection with Tenant’s communications and data transmission network and further, Tenant shall have the right an area to construct and maintain a patio area on the roof of the Building (“Patio Area”) provided that the design shall be subject to prior written approval identified by Landlord, Landlord which shall not be withheld unless a Design Problem exists. Prior to any such installation of any satellite dish by Tenant, Tenant shall furnish detailed plans and specifications is practicable for the installation, including the proposed location and method operation of attachment, to Landlord for approval, which approval shall not be withheld unless a Design Problem existsTelecommunications Equipment. Any such installation shall be attractively screened as may be required by Landlord or applicable governmental requirements. If reasonably requested by Landlord, a roofing company acceptable to Landlord shall at Tenant’s expense install an appropriate base upon which Tenant’s installation shall be mounted. All aspects and phases provide Tenant with a reasonable amount of Tenant’s installation, including any antenna or camera, and any associated electronic or other equipment, wiring, conduit, roof mount and base, shall at all times be subject to approval by Landlord not to be withheld unless a Design Problem exists. All approval and supervision rights of Landlord are intended solely to protect Landlord’s interests; Landlord shall have no obligation to Tenant to exercise any such power of supervision or approval. If Landlord fails to respond to a request for approval submitted in writing by Tenant within ten (10) business days of the request for approval, Landlord shall be deemed to have granted its approval. Tenant shall be responsible for procuring prior to any installation and maintaining in force at all times thereafter any and all consents, approvals, licenses and permits as may be required for the lawful installation, use and operation of Tenant’s system. Landlord makes no warranties or representations as to the permissibility or efficacy of any such installation by Tenant. Tenant shall have the right to use “risers” in the Building (and to install additional risers if necessary) as long as there is no adverse affect on the Building Structure or Building System. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building to install Tenant’s Telecommunications Equipment (but in no event shall the aggregate amount of such space exceed at any point in time twenty-five (25) square feet) and a pathway for two (2) two conduits of two (2) inches each from the Premises to the roof of the Building in connection therewith, subject to the terms of this Article. Tenant acknowledges and agrees that any use of the roof space by Tenant for the installation and operation of Tenant’s Telecommunications Equipment shall be on a non-exclusive basis, except as to that portion of the roof space provided by Landlord to Tenant as aforesaid. Tenant may use the roof space and Telecommunications Equipment solely for Tenant’s additional HVAC equipment own use (and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”not for resale purposes). The proposed construction height, diameter, design and installation and general appearance of the Satellite Dish and HVAC Unit satellite dishes or other Telecommunications Equipment shall be subject to Landlord’s approval, which shall not be unreasonably withheld or delayed. In connection therewith, Landlord shall make available to Tenant reasonable adjacent space for access to the roof space for the construction, installation, maintenance, service, repair, operation and use of Tenant’s Telecommunications Equipment. All work in connection with the installation of Tenant’s Telecommunications Equipment, including core drilling and reinforcing the roof of the Building, if required, shall be performed at Tenant’s sole cost and expense, including the cost of a fire watch and related reasonable, out-of-pocket supervisory costs relating to any core drilling, which shall be performed in such a manner and at such times as Landlord shall reasonably prescribe. References in this Article to the Telecommunications Equipment shall be deemed to include such riser and the electrical and telecommunication conduits therein. Subject to Section 8.3(d) of this Lease, there shall be no charge for the installation and use by Tenant of Tenant’s Telecommunications System pursuant hereto. (b) Tenant shall use and maintain Tenant’s Telecommunications Equipment so as not to cause any damage to or interference with (i) the operation of the Building or Building systems or (ii) any Telecommunications Equipment installed on the roof space by licensees, occupants and maintained other tenants in compliance with Applicable Lawsthe Building prior to the installation of Tenant’s Telecommunications Equipment. Furthermore, the exact location The installation of any such Satellite Dish or HVAC Unit Telecommunications Equipment shall constitute a Specialty Alteration and shall be mutually acceptable to Landlord performed at Tenant’s sole cost and Tenant and Tenant shall have secured expense (including any necessary approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits to Landlord (if any), prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall pay for any and all costs and expenses in connection with reinforcing the roof of the Building, if required) in accordance with and subject to the provisions of Article 8. All of the provisions of this Lease shall apply to the installation, approval, maintenance, use and removal maintenance of Tenant’s Telecommunications Equipment, including all provisions relating to compliance with Laws (including all FCC rules and regulations), insurance, indemnity, repairs and maintenance. The roof space and Telecommunications Equipment shall not be used or occupied by others, and the license granted by this Article shall be personal to Original Tenant and shall not be transferred, assigned, sublicensed or exercised by any other party. Tenant’s Telecommunications Equipment shall be treated for all purposes of this Lease as Tenant’s Property. (c) If any of Tenant’s Telecommunications Equipment interferes with or disturbs Landlord’s use of the Satellite Dishroof, Patio Area and including the HVAC Unituse by Landlord or other tenants, but in no event licensees or occupants of the Building of their Telecommunications Equipment installed prior to the installation of Tenant’s Telecommunications Equipment, or the operation of the Building or the Building systems, then following demand by Landlord, Tenant shall Tenant be obligated to pay Landlord any rental for that promptly relocate all or a portion of the Telecommunications Equipment to another area on the roof designated by Landlord which is practicable for the operation of Telecommunications Equipment. Such relocation shall be at Tenant’s sole cost and expense. If Landlord shall determine, in its reasonable judgment, that any Tenant’s Telecommunications Equipment (i) will cause a health hazard or danger to property, (ii) will not be in accordance with applicable Laws, or (iii) interferes with or disturbs Landlord’s use of the roof, including the use by Landlord or other tenants or occupants of the Building of data transmission equipment thereon installed prior to the installation of Tenant’s Telecommunications Equipment, or the operation of the Building or the Building Systems, then, if Tenant is unable to promptly cause such Telecommunications Equipment to comply with such Laws, xxxxx such health hazard, danger to property or interference, Tenant, at its sole cost and expense, shall remove such Telecommunications Equipment from the roof of the Building and, Tenant may, at Tenant’s option, but subject to Landlord’s approval as provided in (a) above, replace such Telecommunications Equipment with Telecommunications Equipment which complies with such Laws and/or does not cause such health hazard, danger to property or interference. Notwithstanding the foregoing, Landlord may at its option, at any time during the Term after reasonable prior notice to Tenant (except in the event of an emergency) require Tenant, using Landlord’s roofing contractor and any other contractors reasonably required by Landlord, to relocate Tenant’s Telecommunications Equipment to another area on the roof designated by Landlord which is practicable for the Satellite Dishoperation of Telecommunications Equipment, the Patio Area at Landlord’s sole cost and the HVAC Unit expense. Any such relocation shall be located. Furthermoredone with the least practicable interference with Tenant’s use of Tenant’s Telecommunications Equipment, it being understood that the foregoing shall in no event require the use of “overtime” unless such work will materially interfere with Tenant’s business operations in the Premises. (d) If during the Lease Term, Tenant shall repair and maintain cease to use any Tenant’s Telecommunications Equipment located on the Satellite Dish and the HVAC Unit in good order and repair at all times and shall repair and restore the Roof at the end roof of the Tenn. Any installations Building for a period of time in excess of two (2) years, Tenant shall, at its sole cost and expense, remove such Telecommunications Equipment from the roof area of the Building within ninety (90) days after receipt of notice from Landlord to so remove such Telecommunications Equipment, and Tenant shall have no further rights to use any space on which they are the roof of the Building under this Article 23. (e) Other than as set forth in this Article, Landlord shall not have any obligations with respect to Tenant’s Telecommunications Equipment or compliance with any Laws (including the obtaining of any required permits or licenses, or the maintenance thereof) relating thereto. Landlord makes no representation that Tenant’s Telecommunications Equipment will be permitted by Laws or be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof) and Tenant agrees that Landlord shall not be liable to Tenant therefor. (f) Tenant shall (i) be solely responsible for any damage caused as a result of the use of Tenant’s Telecommunications Equipment, (ii) promptly pay any tax, license, permit or other fees or charges imposed pursuant to any Laws or insurance requirements relating to the installation, maintenance or use of such Telecommunications Equipment, (iii) promptly comply with all precautions and safeguards reasonably required by Landlord’s insurance company and all governmental authorities, and (iv) perform all necessary repairs or replacements to, or maintenance of, such Telecommunications Equipment, provided, however, that if Tenant’s failure to so repair, replace or maintain such Telecommunications Equipment jeopardizes the property of Landlord or any other tenant located on the roof or within the Building, Landlord may, at Landlord’s option and after ten (10) days’ notice to Tenant (except in an emergency), elect to perform such repairs, replacements or maintenance at Tenant’s sole cost and expense. (g) Tenant acknowledges and agrees that the privileges granted Tenant under this Article shall not, now or at any time after the installation of Tenant’s Telecommunications Equipment, be deemed to grant Tenant a leasehold or other real property interest in the Building or any portion thereof, including the Building’s roof. The license granted to Tenant in this Article shall automatically terminate and expire upon the expiration or earlier termination of this Lease (including extensions or renewals) and the termination of such license shall be part of self-operative and no further instrument shall be required to effect such termination. Notwithstanding the Premises for purposes foregoing, upon request by Landlord, Tenant, at Tenant’s reasonable expense, shall promptly execute and deliver to Landlord, in recordable form, any certificate or other document reasonably required by Landlord confirming the termination of Tenant’s insurance and indemnification obligations under this Lease. The right to use the roof shall be exclusive to Tenant or its permitted assignees or subtenants only (subject to all existing leases and options as of the Commencement Date) but Landlord may continue to use the roof to the extent necessary to provide services and utilities to the Building. (h) Tenant, at Tenant’s sole cost and expense, shall paint or otherwise obtain and maintain Tenant’s Telecommunications Equipment in white or such other color as Landlord shall determine (other than the antenna itself if paint would interfere with the operation of same, or if the same is not reasonably available in the color specified by Landlord) and shall install such lightning rods, air terminals or screening on or about Tenant’s Telecommunications Equipment as Landlord may reasonably require. EXECUTED in one or more counterparts by persons or officers hereunto duly authorized on the Date set forth in Section 1.2 above. LANDLORD: BP 000 XXXX XXXXXX LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Vice President TENANT: EPOCH INVESTMENT PARTNERS, INC. By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Chief Executive Officer Solely as to Section 11.12: THE 000 XXXX XXXXXX CONDOMINIUM By: Its Board of Managers By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: President ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the northerly side of 00xx Xxxxxx with the easterly side of Park Avenue; running thence easterly along the northerly side of 00xx Xxxxxx 405 feet to the corner formed by the intersection of the northerly side of 00xx Xxxxxx with the westerly side of Lexington Avenue; thence northerly along the westerly side of Lexington Avenue 200 feet 10 inches to the corner formed by the intersection of the westerly side of Lexington Avenue with the southerly side of 54th street; thence westerly along the southerly side of 54th Street, 405 feet to the corner formed by the intersection of the southerly side of 00xx Xxxxxx with the easterly side of Park Avenue; thence southerly along the easterly side of Park Avenue 200 feet 10 inches to the corner formed by the intersection of the easterly side of Park Avenue with the northerly side of 00xx Xxxxxx at the point or place of BEGINNING. The portion of the Building demised to Tenant pursuant to the Lease (the “Premises”) shall mean the 31st Floor Premises and the 32nd Floor Suite A Premises, and, if leased by Tenant pursuant to the terms of this Lease, the 32nd Floor Suite B Premises and/or the 32nd Floor Suite C Premises, all as shown on the floor plans annexed to this Exhibit B and forming a part hereof, in each case within the outside walls of the Building, excluding the area occupied by Building stairs, fire towers, elevator shafts, core lavatories, flues, vents, stacks, pipe shafts and vertical ducts, with their enclosing walls (but including the area occupied by the shafts and machinery for any private elevators, pneumatic tubes, conveyors, mail chutes and the like installed by Tenant, and the interior walls and partitions enclosing such shafts and machinery). The following is a schedule of rentable area (in square feet) of each relevant floor or space in the Building, as agreed by Landlord and Tenant: FLOOR RENTABLE AREA 31st Floor Premises 25,097 32nd Floor Suite A Premises 14,376 32nd Floor Suite B Premises 4,928 32nd Floor Suite C Premises 5,792 Landlord and Tenant agree that the total rentable area of Unit 1 for purposes of calculating Tenant’s Share is 564,012 square feet.

Appears in 1 contract

Samples: Office Lease (Epoch Holding Corp)