Common use of Roof Space Clause in Contracts

Roof Space. A. Tenant shall have the right to lease space on the roof of the Building for the purpose of installing (in accordance with Section 9.C of the Lease), operating and maintaining a thirty (30) inch dish/antenna or other communication device approved by the Landlord, such approval not to be unreasonably withheld, conditioned or delayed (the “Dish/Antenna”), free of monthly rental charge during the initial Term. The exact location of the space on the roof to be leased by Tenant shall be designated by Landlord and shall not exceed 100 square feet (the “Roof Space”). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term; provided, however that Landlord shall use reasonable efforts to minimize any interference to the operation of the Dish/Antenna associated with any such relocation, including that the area to which the Dish/Antenna shall be relocated shall be an area in which the Dish/Antenna is able to function properly. Landlord’s designation shall take into account Tenant’s use of the Dish/Antenna. Notwithstanding the foregoing, Tenant’s right to install the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord’s architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the “Plans and Specifications”) shall be submitted to Landlord for Landlord’s written approval no later than twenty (20) days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord determines that the Dish/Antenna equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord reasonably deems it necessary, Tenant shall provide and install, at Tenant’s sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Dish/Antenna (the “Aesthetic Screening”).

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Solarcity Corp)

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Roof Space. A. (a) Subject to the requirements of this Section 6.03, Tenant shall have the right, at no additional charge, to use the portion of the roof of the Building substantially as shown on Schedule P attached hereto in order to install, maintain and operate, at Tenant's sole cost and expense, telecommunications equipment, cooling equipment and equipment related thereto (collectively the "Roof Equipment"). Tenant shall furnish detailed plans and specifications for the Roof Equipment (or any modification thereof) to Landlord for its approval. Tenant shall have the right to lease run a cables, conduits, pipes, wiring, lines, risers and similar equipment from the Roof Equipment into the Premises through conduit space provided by Landlord in such locations as Landlord may in its reasonable discretion designate. There shall be no additional rent payable by Tenant for the use of such conduit space. Tenant acknowledges that Tenant's use of the roof of the Building is a non-exclusive use and Landlord may itself use or permit any person or entity to use any other portion of the roof of for any use subject to the remaining provisions of this clause (a). Tenant hereby covenants and agrees that: (i) if Landlord's structural engineer recommends that there be structural reinforcement of the roof of the Building in connection with the installation of any Roof Equipment, Tenant shall, prior to any installation of such Roof Equipment, perform the same at Tenant's sole cost and expense in accordance with plans and specifications approved by Landlord (or, at Landlord's election, Landlord shall perform the same and Tenant shall reimburse Landlord for the reasonable costs thereof within 30 days after rendition of a bill therefor); (ii) without limiting the other conditions set forth xx this Section 6.03, such installation (including, without limitation, any structural reinforcements performed in connection therewith) shall be performed in compliance with all of the provisions of Section 7.02 and the other provisions of this Lease applicable to Alterations; (iii) Tenant shall, at its sole cost and expense, comply with all Laws and procure and maintain all necessary permits and approvals required therefor, including, without limitation, providing all screening for the Roof Equipment required by Law (Tenant hereby acknowledging that Landlord is making no representations as to the permissibility of the Roof Equipment on the roof of the Building for by any Governmental Authority having jurisdiction thereof); (iv) Tenant shall promptly repair any damage (whether structural or non-structural) caused to the purpose of installing (in accordance with Section 9.C roof or any other portion of the Lease)Building or its fixtures, operating equipment and maintaining a thirty (30) inch dish/antenna or other communication device approved appurtenances by the Landlord, such approval not to be unreasonably withheld, conditioned or delayed (the “Dish/Antenna”), free of monthly rental charge during the initial Term. The exact location reason of the space on the roof to be leased by Tenant shall be designated by Landlord and shall not exceed 100 square feet (the “Roof Space”). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term; providedinstallation, however that Landlord shall use reasonable efforts to minimize any interference to the maintenance or operation of the Dish/Antenna associated Roof Equipment (or, at Landlord's election, Landlord shall perform such repairs and Tenant shall reimburse Landlord for the reasonable costs thereof within 10 days after rendition of a bill therefor); (v) the installation, operation and maintenance of txx Xoof Equipment shall not interfere with the operation and maintenance of any such relocationinstallations existing on the date Tenant installs the Roof Equipment; (vi) if Tenant's installation, including that the area to which the Dish/Antenna shall be relocated shall be an area in which the Dish/Antenna is able to function properly. Landlord’s designation shall take into account Tenant’s use operation or maintenance of the Dish/Antenna. Notwithstanding the foregoingRoof Equipment shall interfere with Landlord's rights (including, Tenant’s without limitation, Landlord's right to install use the Dish/Antenna shall be subject to the approval rights remainder of Landlord and Landlord’s architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and for any purposes) or other future tenants in the manner Building, Tenant shall cooperate with Landlord or such other tenants in eliminating such interference; provided however, the cost or remedying such interference shall be borne by the party which is suffering such interference, unless (A) Tenant was using the affected equipment prior to the use of such other party (in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the “Plans and Specifications”) shall be submitted to Landlord for Landlord’s written approval no later than twenty (20) days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for case the cost of installing, operating, maintaining and removing remedying such interference shall be borne by such other party) or (B) such party was using the Dish/Antenna. Tenant shall notify Landlord upon completion affected equipment prior to the use of the installation Roof Equipment by Tenant (in which case the cost of the Dish/Antenna. If Landlord determines that the Dish/Antenna equipment does not comply with the approved Plans remedying such interference shall be borne by Tenant); and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, (vii) Tenant shall pay to Landlord upon demand the cost, as reasonably determined any additional or increased insurance premiums incurred by Landlord, of correcting and shall obtain and pay for any defects and repairing any damage to the Building caused by such installation. If at any time Landlord reasonably deems it necessary, Tenant shall provide and install, at Tenant’s sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, additional insurance coverage for the Dish/Antenna (benefit of Landlord in such amount and of such type of Landlord may reasonably require in connection with the “Aesthetic Screening”)Roof Equipment.

Appears in 1 contract

Samples: Lease (Instinet Group Inc)

Roof Space. A. Landlord hereby grants to Tenant shall have the non-exclusive right to lease space on use the roof of the Building for the purpose of installing (in accordance with Section 9.C of the Lease), operating and maintaining a thirty (30) inch dish/antenna or other communication device approved by the Landlord, such approval not to be unreasonably withheld, conditioned or delayed (the “Dish/Antenna”), free of monthly rental charge during the initial Term. The exact location of the space on the roof to be leased by Tenant shall be designated by Landlord and shall not exceed 100 square feet (the “Roof Space”). Landlord reserves the right to relocate the Roof Space as reasonably necessary ) during the Term; provided, however that Landlord shall use reasonable efforts to minimize any interference to the operation Term of this Lease in common with other tenants of the Dish/Antenna associated with any such relocation, including that the area to which the Dish/Antenna shall be relocated shall be an area in which the Dish/Antenna is able to function properlyBuilding. Landlord’s designation shall take into account Tenant’s use of the Dish/AntennaRoof Space shall be in accordance with the terms, covenants and conditions of this Lease, including without limitation, the provisions of Article 9 and Article 37 above. Tenant agrees to observe all rules and regulations, which Landlord may impose regarding the use of the Roof Space. Tenant shall be expressly prohibited from using the Roof Space for meetings, gatherings, events and/or parties. Notwithstanding the foregoing, nothing contained herein shall limit Tenant’s right to install employees from having informal meetings and/or gatherings on the Dish/Antenna shall be subject to Roof Space provided such use complies with the approval rights terms, covenants and conditions of Landlord this Lease and Landlordthis Subsection S. During Tenant’s architect and/or engineer with respect to the plans and specifications use of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the “Plans and Specifications”) shall be submitted to Landlord for Landlord’s written approval no later than twenty (20) days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord determines that the Dish/Antenna equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defectsRoof Space, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord reasonably deems it necessary, Tenant shall provide and installshall, at Tenant’s its sole cost and expense, appropriate aesthetic screeningkeep the Roof Space broom clean solely with respect to Tenant’s use of the Roof Space and free from Tenant’s debris. For the avoidance of doubt, reasonably satisfactory Tenant shall not be responsible for cleaning or removing debris from the Roof Space with respect to Landlordany other tenant’s use of the Roof Space. Tenant shall also be responsible for any damage to the Roof Space that is caused by Tenant or any Tenant Party. The Roof Space, or any portion thereof, is, without Tenant's consent, subject to (i) expansion, contraction, modification or other changes to the Roof Space (the "Changes"); (ii) closure of all or any portion of the Roof Space for repairs or for Changes; (iii) such other acts in the Roof Space which may be desirable for the Dish/Antenna use thereof; and/or (iv) closure of all or any portion of the “Aesthetic Screening”)Roof Space if deemed necessary or desirable by the Landlord in Landlord’s sole discretion. No action taken by Landlord with respect to the Roof Space shall be deemed either an eviction, in whole or in part, actual or constructive, or result in any claim by Tenant for a diminution or abatement of Rent, be a default under this Lease or effect a termination of this Lease.

Appears in 1 contract

Samples: Agreement of Lease (Snap Interactive, Inc)

Roof Space. A. Tenant shall have the right to lease space on the roof of the Building for the purpose of installing (in accordance with Section 9.C of the Lease), operating and maintaining a thirty thirty-one (3031) inch dish/antenna or other communication device approved by the Landlord, such approval not to be unreasonably withheld, conditioned or delayed Landlord (the “Dish/Antenna”), free of monthly rental charge during the initial Term. The exact location of the space on the roof to be leased by Tenant shall be designated by Landlord in its reasonably discretion and shall not exceed 100 thirty-six (36) square feet (the “Roof Space”). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term; , provided, however that however, that, if Landlord relocates the Roof Space, Landlord shall use reasonable efforts to minimize be solely responsible for all costs and expenses associated with the removal, relocation and reinstallation of any interference to the operation of the Dish/Antenna and associated with any such relocationlines, including that the area to which the Dish/Antenna shall be relocated shall be an area in which the Dish/Antenna is able to function properlypipes, cables and appurtenances. Landlord’s designation shall take into account Tenant’s use of the Dish/Antenna. Notwithstanding the foregoing, Tenant’s right to install the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord’s architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna, which approvals shall not be unreasonably withheld, conditioned or delayed. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the “Plans and Specifications”) shall be submitted to Landlord for Landlord’s written approval (not to be unreasonably withheld, conditioned or delayed) no later than twenty (20) days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord determines in its reasonable discretion that the Dish/Antenna equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defectsdefects as promptly as reasonably practicable. If the Tenant fails to immediately cure the defectsdefects as promptly as reasonably practicable, Landlord shall have the right to cure the same and Tenant shall pay to Landlord upon demand (accompanied by reasonable supporting documentation) the cost, as reasonably determined cost actually paid by Landlord, Landlord of correcting any defects and repairing any damage to the Building caused by such installation. If at any the time Landlord reasonably approves the plans and specifications of the Dish/Antenna, Landlord, in its reasonable discretion, deems it necessary, then Tenant shall provide and install, at Tenant’s sole cost and expense, such appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Dish/Antenna (the “Aesthetic Screening”).

Appears in 1 contract

Samples: Office Lease Agreement (Akamai Technologies Inc)

Roof Space. A. Tenant shall have acknowledges and agrees that Landlord makes ---------- no representation or warranty, express or implied, regarding the right to lease space on the roof suitability, tenantability or habitability of the Building Roof Space. Tenant intends to use the Roof Space for the general office purposes, and for no other business or purpose of installing (in accordance with Section 9.C 2.3 ("Tenant's Intended Use of the LeaseRoof Space"), operating and maintaining a thirty (30) inch dish/antenna or other communication device approved by . Tenant --------------------------------------- acknowledges that the Landlord, such approval Roof Space may not to be unreasonably withheld, conditioned or delayed (the “Dish/Antenna”), free of monthly rental charge during the initial Term. The exact location developable for Tenant's Intended Use of the space Roof Space; however, if the Roof Space may be so developed and used by Tenant, Landlord hereby grants Tenant the right to design, construct and install improvements on the roof Roof Space and to be leased by use the Roof Space only for Tenant's Intended Use of the Roof Space. If improvements are required to the Building, other than the Premises, to permit development of the Roof Space for Tenant's Intended Use of the Roof Space, Tenant shall be designated by responsible for all costs related to the design and construction of such improvements; however, Landlord and shall have no obligation to make or approve any such improvements, even if Landlord's failure to make such improvements results in Tenant not exceed 100 square feet (the “Roof Space”). Landlord reserves the right being able to relocate use the Roof Space as reasonably for Tenant's Intended Use of the Roof Space. If Tenant is unable to develop or use the Roof Space for any reason whatsoever, including Landlord's failure to make improvements necessary during for the Termdevelopment of the Roof Space, such failure shall not be a default by Landlord under this Lease. If Tenant elects to develop or use the Roof Space, Tenant shall do so in compliance all provisions of this Lease; providedhowever, however Tenant agrees that Landlord shall use reasonable efforts to minimize have no obligations of any interference to the operation of the Dish/Antenna associated with any such relocation, including that the area to which the Dish/Antenna shall be relocated shall be an area in which the Dish/Antenna is able to function properly. Landlord’s designation shall take into account Tenant’s use of the Dish/Antenna. Notwithstanding the foregoing, Tenant’s right to install the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord’s architect and/or engineer kind whatsoever with respect to the plans and specifications Roof Space. Any improvements or alterations to the Roof Space shall be in accordance with Section 6.1(b). For purposes of the Dish/AntennaRoof Space, the manner indemnity in which Section 6.5 shall also include the Dish/Antenna is attached development, design, and construction of improvements in the Roof Space. Prior to the roof development of the Building and the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the “Plans and Specifications”) shall be submitted to Landlord for Landlord’s written approval no later than twenty (20) days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord determines that the Dish/Antenna equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord reasonably deems it necessaryRoof Space, Tenant shall provide and installLandlord an engineering report from a registered structural engineer stating that the construction of a deck in the Roof Space is structurally feasible. Upon completion of the deck, at Tenant’s sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for Tenant shall provide Landlord an engineering report from a registered structural engineer stating the Dish/Antenna (maximum load capacity of the “Aesthetic Screening”)completed deck.

Appears in 1 contract

Samples: Lease Agreement (Naviant Inc)

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Roof Space. A. Tenant shall have the right right, at no additional rent to Tenant, to lease space on the roof of the Building for the purpose of installing (in accordance with Section 9.C 8 of the Lease), operating and maintaining a thirty satellite dish with a diameter of twenty-four inches (3024”) inch dish/antenna or other communication device approved by the Landlord, such approval not to be unreasonably withheld, conditioned or delayed less (the “Dish/Antenna”), free of monthly rental charge during the initial Term. The exact location of the space on the roof to be leased by Tenant shall be designated by Landlord and shall not exceed 100 four (4) square feet (the “Roof Space”). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Lease Term; provided, however that Landlord shall use reasonable efforts to minimize any interference to the operation of the Dish/Antenna associated with any such relocation, including that the area to which the Dish/Antenna shall be relocated shall be an area in which the Dish/Antenna is able to function properly. Landlord’s designation shall take into account Tenant’s use of the Dish/Antenna. Notwithstanding the foregoing, Tenant’s right to install the Dish/Antenna Dish shall be subject to the approval rights of Landlord and Landlord’s architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna Dish is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna. The Dish must be tagged with weatherproof labels showing manufacturer, model, frequency range, and name of Tenant. In addition, the cable between the Dish and the Premises must be tagged in the telecom closet on each floor with a label showing Tenant’s name, phone number and suite number. The precise specifications and a general description of the Dish/Antenna Dish along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna Dish (the “Dish Plans and Specifications”) shall be submitted to Landlord for Landlord’s written approval no later than twenty (20) 20 days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord determines that the Dish/Antenna Dish equipment does not comply with the approved Dish Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna Dish or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord reasonably Landlord, in its sole discretion, deems it necessary, Tenant shall provide and install, at Tenant’s sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Dish/Antenna Dish (the “Aesthetic Screening”). If, in the twelve (12) month period following the Effective Date, Tenant does not install the Dish in accordance with this Section 20, then Tenant’s rights under this Section 20 shall become null and void.

Appears in 1 contract

Samples: Lease (Jive Software, Inc.)

Roof Space. A. Subject to Landlord’s structural engineer’s (“Landlord’s Structural Engineer”) review and approval, in the same manner as described in Exhibit C to the Lease, Tenant shall have the nonexclusive right to lease space on throughout the roof of the Building for the purpose of installing (in accordance with Section 9.C term of the Lease), operating and maintaining a thirty (30) inch dish/antenna or other communication device approved by the Landlord, such approval not to be unreasonably withheld, conditioned or delayed (the “Dish/Antenna”), free of monthly rental charge during the initial Term. The exact location of the use certain space on the roof to be leased by Tenant shall be designated by Landlord and shall not exceed 100 square feet (the “Roof Space”). Landlord reserves ) on the right to relocate the Roof Space as reasonably necessary during the Term; provided, however that Landlord shall use reasonable efforts to minimize any interference to the operation roof of the Dish/Antenna associated with any such relocationBuilding, including that the area to which the Dish/Antenna shall be relocated shall be in an area in which containing approximately 1,500 square feet, at the Dish/Antenna is able to function properly. Landlord’s designation shall take into account rate of $1.00 per square foot per month, for the installation of equipment required for Tenant’s use of the Dish/AntennaPremises, such as supplemental HVAC, antenna or other equipment. Notwithstanding This is in addition to the foregoing, Tenant’s right roof space referred to install in Article 40 of the Dish/Antenna Lease. The installation of such equipment shall be subject to the approval rights of Landlord and Landlord’s architect and/or engineer prior written approval and Tenant’s compliance with respect to the plans all requirements and specifications regulations of the Dish/AntennaCity of Los Angeles or other applicable governmental agency, as to location and manner of installation, and shall be subject to Tenant providing Landlord with reasonable evidence that such installation will not interfere with the manner in which the Dish/Antenna is attached to the roof structural integrity or water tightness of the Building and roof, or in the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the “Plans and Specifications”) shall be submitted to Landlord for Landlord’s written approval no later than twenty (20) days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord determines that the Dish/Antenna equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defectsalternative, Tenant shall pay make such additional improvements, reasonably satisfactory to Landlord upon demand the costLandlord, as reasonably determined by Landlordmay be required to insure the structural integrity and water tightness of the roof. Tenant hereby agrees to indemnify, of correcting any defects defend, protect and repairing hold Landlord harmless from and against any damage to the Building caused and any Claims, including reasonable attorneys’ fees, expenses and liabilities incurred by Landlord in connection with any such Claim, arising out of Tenant’s installation, use and/or removal of the aforementioned equipment of Tenant located on the roof of the Building, including, without limitation, any damage to the roof or other portions of the Building. If Landlord may, in its sole discretion, at any time Landlord reasonably deems it necessary, Tenant shall provide and installthe expiration or termination of the Lease require Tenant, at Tenant’s sole cost and expense, appropriate aesthetic screeningto remove any dry cooler, reasonably satisfactory condenser units, antennas, and/or other such equipment installed by or for Tenant in or on the Roof Space. Tenant shall repair any damage to Landlordthe Building, for Premises and Roof Space occasioned by the Dish/Antenna (installation, construction, operation and/or removal of any fixtures, trade fixtures, equipment, additions, repairs, improvements and/or appurtenances pursuant to this section. If Tenant shall fail to complete such removal and repair such damage, Landlord may do and may charge the “Aesthetic Screening”)reasonable cost thereof to Tenant.

Appears in 1 contract

Samples: Lease (Equinix Inc)

Roof Space. A. Subject to Landlord’s structural engineer’s (“Landlord’s Structural Engineer’) review and aoproval and the rights of tenants under pre-existing leases, Tenant shall have the non-exclusive right to lease space on throughout the roof term of the Building for the purpose of installing (in accordance with Section 9.C of the Lease)lease, operating and maintaining a thirty (30) inch dish/antenna or other communication device approved by the Landlord, such approval not to be unreasonably withheld, conditioned or delayed (the “Dish/Antenna”), free of monthly rental charge during the initial Term. The exact location of the use certain available space on the roof to be leased by Tenant shall be designated by Landlord and shall not exceed 100 square feet (the “Roof Space”). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term; provided, however that Landlord shall use reasonable efforts to minimize any interference to the operation of the Dish/Antenna associated with any such relocation, including that the area to which the Dish/Antenna shall be relocated shall be an area in which the Dish/Antenna is able to function properly. Landlord’s designation shall take into account Tenant’s use of the Dish/Antenna. Notwithstanding the foregoing, Tenant’s right to install the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord’s architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to ) on the roof of the Building and the manner in which any cables are run to and from the Dish/AntennaBuilding. The precise specifications Roof Space shall be used by Tenant only for the installation and operation of a general description Tenant-serving antennae in a space not exceeding 100 square feet and of approximately 300 tons of HVAC for the switch equipment on the roof, plus appropriate HVAC equipment that meets the tonnage requirement for the office use, in an area approximately 1,500 square feet. The installation and operation of equipment in the Roof Space shall be at the sole cost and expense of Tenant (including, but not limited to, costs of electrical supply, which, if Landlord so elects, shall be metered separately to Tenant at Tenant’s expense). Such installation and operation shall be done in compliance with the other provisions of this Lease and shall require Landlord’s prior written approval of the Dish/Antenna along with all documents items listed in Section 29.3. Such approval may be conditioned, among other things, upon Tenant’s making or paying for any reinforcement to the Roof Space reasonably deemed necessary by Landlord reasonably requires to review the installation of the Dish/Antenna (the “Plans and Specifications”) shall be submitted to Landlord for and/or Landlord’s written approval no later than twenty (20) days before Tenant commences Structural Engineer to install the Dish/Antennasupport Tenant’s equipment. Tenant shall be solely responsible reimburse Landlord for obtaining all necessary governmental and regulatory approvals and any reasonable costs incurred for the cost review of installing, operating, maintaining and removing Tenant’s plans for work proposed to be performed on the Dish/AntennaRoof Space performed by Landlord’s Structural Engineer or other third party consultants to Landlord. Any such equipment constructed or installed by Tenant pursuant to this section shall notify Landlord upon completion be for the exclusive use of Tenant during the term of the installation Lease. Landlord may, in its sole discretion, at the expiration or termination of the Dish/Antenna. If Landlord determines that the Dish/Antenna equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord reasonably deems it necessary, Tenant shall provide and installLease require Tenant, at Tenant’s sole cost and expense, appropriate aesthetic screeningto remove any such antennae and HVAC equipment. Tenant Shall repair any damage to the Building, reasonably satisfactory Premises and Roof Space occasioned by the installation, construction, operation and/or removal of any fixtures, trade fixtures, equipment, additions, repairs, improvements and/or appurtenances pursuant to Landlordthis section. If Tenant shall fail to complete such removal and repair such damage, for Landlord may do so and may charge the Dish/Antenna (the “Aesthetic Screening”)reasonable cost thereof to Tenant.

Appears in 1 contract

Samples: Lease (Equinix Inc)

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