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”). B. Tenant, upon reasonable prior written notice to Landlord, shall have access to the roof of the Building and the Roof Space for the purpose of installing, maintaining, repairing and removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, all of which shall be performed by Tenant or Tenant’s authorized representative or contractors, which shall be approved by Landlord, at Tenant’s sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant, FCC (defined below) inspectors, or persons under their direct supervision will be permitted to have access to the roof of the Building and the Roof Space. Tenant further agrees to exercise firm control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits. C. The installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof, or interfere with the use of the Building and roof by Landlord. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives. D. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Building. In the event Tenant’s equipment causes such interference, Tenant will change the frequency on which it transmits and/or receives and take any other steps necessary to eliminate the interference. If said interference cannot be eliminated within a reasonable period of time, in the judgment of Landlord, then Tenant agrees to remove the Dish/Antenna from the Roof Space. E. Tenant shall, at its sole cost and expense, and at its sole risk, install, operate and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission (the “FCC”), the Federal Aviation Administration (“FAA”) or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under this Lease, the Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant’s equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna shall be connected to Landlord’s power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant’s representatives, repair, maintenance and engineering personnel while in or on any part of the Building or the Roof Space. F. The Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease or Tenant’s right to possession hereunder. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant’s equipment placed on or about the roof or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to appearance and safety in Landlord’s sole discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees that at all times during the Term, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant’s agents, employees or contractors. G. In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant’s option, to perform such work in conjunction with Tenant’s contractor. In the event the Landlord contemplates roof repairs that could affect Tenant’s Dish/Antenna, or which may result in an interruption of the Tenant’s telecommunication service, Landlord shall formally notify Tenant at least thirty (30) days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order to allow Tenant to make other arrangements for such service. H. Tenant shall not allow any provider of telecommunication, video, data or related services (“Communication Services”) to locate any equipment on the roof of the Building or in the Roof Space for any purpose other than to serve the Premises, nor may Tenant use the Roof Space and/or Dish/Antenna to provide Communication Services to an unaffiliated tenant, occupant or licensee of another building, or to facilitate the provision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, occupant or licensee of the Building or any other building. I. Tenant acknowledges that Landlord may at some time establish a commercially reasonable standard license agreement (the “License Agreement”) with respect to the use of roof space by tenants of the Building. Tenant, upon request of Landlord, shall enter into such License Agreement with Landlord provided that such agreement does not adversely alter the rights of Tenant hereunder with respect to the Roof Space or impose any additional material obligations on Tenant with respect to the Roof Space. J. Tenant specifically acknowledges and agrees that the terms and conditions of Article 14 above (Indemnity and Waiver of Claims) shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or utilized by Tenant, its representatives, agents, employees or contractors. K. If Tenant is in Default, Landlord shall be permitted to exercise all remedies provided under the terms of the Lease, including removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and restoring the Building and the Roof Space to the condition that existed prior to the installation of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any. If Landlord removes the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, as a result of a Default, Tenant shall be liable for all costs and expenses Landlord incurs in removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and repairing any damage to the Building, the roof of the Building and the Roof Space caused by the installation, operation or maintenance of the Dish/Antenna, the appurtenances, and the Aesthetic Screening, if any.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Solarcity Corp)
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”).
B. Tenant, upon reasonable prior written notice to Landlord, shall have access to the roof of the Building and the Roof Space for the purpose of installing, maintaining, repairing and removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, all of which shall be performed by Tenant or Tenant’s authorized representative or contractors, which shall be approved by Landlord, at Tenant’s sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant, FCC (defined below) inspectors, or persons under their direct supervision will be permitted to have access to the roof of the Building and the Roof Space. Tenant further agrees to exercise firm control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits.
C. The installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof, or interfere with the use of the Building and roof by Landlord. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives.
D. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Building. In the event Tenant’s equipment causes such interference, Tenant will change the frequency on which it transmits and/or receives and take any other steps necessary to eliminate the interference. If said interference cannot be eliminated within a reasonable period of timeIf, in the judgment of Landlordtwelve (12) month period following the Effective Date, Tenant does not install the Dish in accordance with this Section 20, then Tenant agrees to remove the Dish/Antenna from the Roof Space.
E. Tenant shall, at its sole cost and expense, and at its sole risk, install, operate and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission (the “FCC”), the Federal Aviation Administration (“FAA”) or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under this Lease, the Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant’s equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna rights under this Section 20 shall be connected to Landlord’s power supply in strict compliance with all applicable Building, electrical, fire become null and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant’s representatives, repair, maintenance and engineering personnel while in or on any part of the Building or the Roof Spacevoid.
F. The Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease or Tenant’s right to possession hereunder. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant’s equipment placed on or about the roof or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to appearance and safety in Landlord’s sole discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees that at all times during the Term, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant’s agents, employees or contractors.
G. In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant’s option, to perform such work in conjunction with Tenant’s contractor. In the event the Landlord contemplates roof repairs that could affect Tenant’s Dish/Antenna, or which may result in an interruption of the Tenant’s telecommunication service, Landlord shall formally notify Tenant at least thirty (30) days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order to allow Tenant to make other arrangements for such service.
H. Tenant shall not allow any provider of telecommunication, video, data or related services (“Communication Services”) to locate any equipment on the roof of the Building or in the Roof Space for any purpose other than to serve the Premises, nor may Tenant use the Roof Space and/or Dish/Antenna to provide Communication Services to an unaffiliated tenant, occupant or licensee of another building, or to facilitate the provision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, occupant or licensee of the Building or any other building.
I. Tenant acknowledges that Landlord may at some time establish a commercially reasonable standard license agreement (the “License Agreement”) with respect to the use of roof space by tenants of the Building. Tenant, upon request of Landlord, shall enter into such License Agreement with Landlord provided that such agreement does not adversely alter the rights of Tenant hereunder with respect to the Roof Space or impose any additional material obligations on Tenant with respect to the Roof Space.
J. Tenant specifically acknowledges and agrees that the terms and conditions of Article 14 above (Indemnity and Waiver of Claims) shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or utilized by Tenant, its representatives, agents, employees or contractors.
K. If Tenant is in Default, Landlord shall be permitted to exercise all remedies provided under the terms of the Lease, including removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and restoring the Building and the Roof Space to the condition that existed prior to the installation of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any. If Landlord removes the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, as a result of a Default, Tenant shall be liable for all costs and expenses Landlord incurs in removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and repairing any damage to the Building, the roof of the Building and the Roof Space caused by the installation, operation or maintenance of the Dish/Antenna, the appurtenances, and the Aesthetic Screening, if any.
Appears in 1 contract
Roof Space. A. (a) Tenant shall have the right to lease space on use an area of the roof of the Building designated by Landlord (the "Roof Space") for the purpose of installing (in accordance with Section 9.C the terms and conditions of the this Lease), operating and maintaining a thirty satellite dish antenna, not larger than 18 inches in diameter, and the necessary equipment related thereto for Tenant's own use (30) inch dish/antenna or other communication device approved by collectively the Landlord"Communications Equipment"). Tenant shall pay Landlord annual rent for the Roof Space at the rate of $300.00 per month, such approval not to be unreasonably withheldpayable at the same time and in the same manner as the Annual Fixed Rent for the Premises, conditioned or delayed (the “Dish/Antenna”), free of monthly rental charge during the initial Term. The exact location and all of the space on the roof other provisions of this Lease shall apply 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 if it were part 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 Premises.
(b) Tenant’s use of the Dish/Antenna. Notwithstanding the foregoing, Tenant’s 's right to install the Dish/Antenna Communications Equipment shall be subject to the reasonable approval rights of Landlord and Landlord’s 's architect and/or engineer with respect to the plans and specifications for the Communications Equipment, including, without limitation, the size, height and dimensions of the Dish/AntennaCommunications Equipment, the manner in which the Dish/Antenna Communications Equipment is attached to the roof of the Building and the manner in which any cables are run to and from Premises and 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/AntennaCommunications Equipment. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the 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”)Communications Equipment.
B. (c) Landlord agrees that Tenant, upon reasonable prior written notice to Landlord, shall have access to the roof of the Building and the Roof Space for the purpose of installing, maintaining, repairing and removing the Dish/AntennaCommunications Equipment, provided that, in the appurtenances and event of an emergency, Landlord will use reasonable efforts to provide Tenant with immediate access to the Aesthetic Screening, if any, all of which shall be performed by Tenant or Tenant’s authorized representative or contractors, which shall be approved by Landlord, at Tenant’s sole cost and riskRoof Space. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant, FCC (defined below) inspectors, inspectors or persons under their direct supervision will be permitted to have access to the roof of the Building and the Roof Space. Tenant further agrees to exercise firm control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits.
C. The (d) Tenant shall be responsible for assuring that the installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is not permitted to Communications Equipment will in no way damage the Building or the roof thereof, or interfere with the use of the Building and roof by LandlordLandlord or any other tenants. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives.
D. (e) Tenant agrees to install only equipment of types and frequencies operate the Communications Equipment in a manner which will not cause unreasonable material interference to Landlord or existing other tenants of the Building. For purposes hereof, interference from the operation of the Communications Equipment shall be deemed to be material if it reduces the operating efficiency or utility of any equipment or if it adversely affects the purity of any frequency or signal then used by Landlord or any tenant of the Building for transmission or receiving purposes. In the event Tenant’s equipment the Communications Equipment causes such material interference, Tenant will shall change the frequency on which it transmits and/or receives and take any other steps necessary to eliminate the interference. If said interference cannot be eliminated within a reasonable period of time, in the judgment of Landlord, then the Tenant agrees to remove the Dish/Antenna portion of the Communications Equipment from the Roof Space.Space that is causing such interference and Tenant's right to use the Roof Space for such portion of the Communications Equipment shall then terminate without further obligation on either party, other than Tenant's obligation to remove such Communications Equipment and repair any damages as a result thereof. 50
E. (f) All installations and operations in connection with this Lease by Tenant shall, at its sole cost and expense, and at its sole risk, install, operate and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance shall meet with all Building, electric, communication, applicable rules and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission (the “"FCC”"), the Federal Aviation Administration (“"FAA”") or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and all applicable codes and regulations of the statecity, city county and county in which the Building is locatedstate concerned. Under this Lease, the Landlord and its agents assume assumes no responsibility for the licensing, operation and/or maintenance of Tenant’s 's equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna .
(g) Tenant shall be connected to Landlord’s power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability responsible for the conduct or safety cost of any of Tenant’s representativesinstallation, repairoperation, cleanliness, maintenance and engineering personnel while in or on any part removal of the Building or the Roof Space.
F. The Dish/AntennaCommunications Equipment and appurtenances, the appurtenances and the Aesthetic Screening, if any, all of which shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease or Tenant’s right to possession hereunderLease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant’s equipment placed on or about the roof or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to appearance and safety in Landlord’s sole discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees to maintain all of Tenant's equipment placed on or about the roof in proper operating condition and maintain same in satisfactory condition as to appearance and safety. Tenant agrees that at all times during the Termterm of this Lease, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant’s agents, employees or contractors.
G. (h) In light of the specialized nature of the Dish/AntennaCommunications Equipment, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of LandlordCommunications Equipment. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting effecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant’s 's option, to perform such work in conjunction with Tenant’s 's contractor. In the event the Landlord contemplates roof repairs that could affect Tenant’s Dish/Antennarequire temporary removal or relocation of the Communications Equipment, or which may result in an interruption of the Tenant’s 's telecommunication service, Landlord shall formally notify Tenant at least thirty ten (3010) days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order to allow Tenant to make other arrangements for such service.
H. Tenant shall not allow any provider of telecommunicationservices, videoprovided that, data or related services (“Communication Services”) to locate any equipment on the roof of the Building or in the Roof Space for any purpose other than to serve the Premises, nor may Tenant use the Roof Space and/or Dish/Antenna to provide Communication Services to event of an unaffiliated tenant, occupant or licensee of another building, or to facilitate the provision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, occupant or licensee of the Building or any other building.
I. Tenant acknowledges that Landlord may at some time establish a commercially reasonable standard license agreement (the “License Agreement”) with respect to the use of roof space by tenants of the Building. Tenant, upon request of Landlord, shall enter into such License Agreement with Landlord provided that such agreement does not adversely alter the rights of Tenant hereunder with respect to the Roof Space or impose any additional material obligations on Tenant with respect to the Roof Space.
J. Tenant specifically acknowledges and agrees that the terms and conditions of Article 14 above (Indemnity and Waiver of Claims) shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or utilized by Tenant, its representatives, agents, employees or contractors.
K. If Tenant is in Defaultemergency, Landlord shall not be permitted required to exercise all remedies provided under give Tenant ten (10) days notice but, in good faith, shall give Tenant as much notice as is reasonably possible considering the terms nature of the Lease, including removing the Dish/Antenna, the appurtenances and the Aesthetic Screeningemergency. In addition, if any, and restoring the Building and the Roof Space to the condition that existed prior to the installation of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any. If Landlord removes the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, as a result of a Default, Tenant shall be liable for all costs and expenses Landlord incurs in removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and repairing any damage to the Building, the roof repairs are not of the Building an emergency nature and the Roof Space caused by the installationTenant reasonably requires more than ten (10) days in which to make alternative service arrangements, operation or maintenance Landlord will work together in good faith with Tenant to agree upon an arrangement that allows Landlord to perform such roof repairs on a timely basis without additional cost and allows Tenant an adequate amount of the Dish/Antenna, the appurtenances, and the Aesthetic Screening, if anytime to make alternative service arrangements.
Appears in 1 contract
Samples: Lease (Breakaway Solutions 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 screening, reasonably satisfactory to Landlord, for the Dish/Antenna (the “Aesthetic Screening”).
B. Tenant, upon reasonable prior written notice to Landlord, shall have access to the roof of the Building and the Roof Space for the purpose of installing, maintaining, repairing and removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, all of which shall be performed by Tenant or Tenant’s authorized representative or contractors, which shall be approved by Landlord, at Tenant’s sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant, FCC (defined below) inspectors, or persons under their direct supervision will be permitted to have access to the roof of the Building and the Roof Space. Tenant further agrees to exercise firm control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits.
C. The installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof, or interfere with the use of the Building and roof by Landlord. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives.
D. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Building. In the event Tenant’s equipment causes such interference, Tenant will change the frequency on which it transmits and/or receives and take any other steps necessary to eliminate the interference. If said interference cannot be eliminated within a reasonable period of time, in the judgment of Landlord, then Tenant agrees to remove the Dish/Antenna from the Roof Space.
E. Tenant shall, at its sole cost any such antennae and expense, and at its sole risk, install, operate and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission (the “FCC”), the Federal Aviation Administration (“FAA”) or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under this Lease, the Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant’s HVAC equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna shall be connected to Landlord’s power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant’s representatives, repair, maintenance and engineering personnel while in or on any part of the Building or the Roof Space.
F. The Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease or Tenant’s right to possession hereunder. Tenant shall Shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant’s equipment placed on or about the roof or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to appearance and safety in Landlord’s sole discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees that at all times during the Term, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant’s agents, employees or contractors.
G. In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant’s option, to perform such work in conjunction with Tenant’s contractor. In the event the Landlord contemplates roof repairs that could affect Tenant’s Dish/Antenna, or which may result in an interruption of the Tenant’s telecommunication service, Landlord shall formally notify Tenant at least thirty (30) days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order to allow Tenant to make other arrangements for such service.
H. Tenant shall not allow any provider of telecommunication, video, data or related services (“Communication Services”) to locate any equipment on the roof of the Building or in the Roof Space for any purpose other than to serve the Premises, nor may Tenant use the Roof Space and/or Dish/Antenna to provide Communication Services to an unaffiliated tenant, occupant or licensee of another building, or to facilitate the provision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, occupant or licensee of the Building or any other building.
I. Tenant acknowledges that Landlord may at some time establish a commercially reasonable standard license agreement (the “License Agreement”) with respect to the use of roof space by tenants of the Building. Tenant, upon request of Landlord, shall enter into such License Agreement with Landlord provided that such agreement does not adversely alter the rights of Tenant hereunder with respect to the Roof Space or impose any additional material obligations on Tenant with respect to the Roof Space.
J. Tenant specifically acknowledges and agrees that the terms and conditions of Article 14 above (Indemnity and Waiver of Claims) shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or utilized by Tenant, its representatives, agents, employees or contractors.
K. If Tenant is in Default, Landlord shall be permitted to exercise all remedies provided under the terms of the Lease, including removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and restoring the Building and the Roof Space to the condition that existed prior to the installation of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any. If Landlord removes the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, as a result of a Default, Tenant shall be liable for all costs and expenses Landlord incurs in removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and repairing any damage to the Building, the roof of the Building Premises and the Roof Space caused occasioned by the installation, construction, operation or maintenance 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 so and may charge the Dish/Antenna, the appurtenances, and the Aesthetic Screening, if anyreasonable cost thereof to Tenant.
Appears in 1 contract
Samples: Lease (Equinix Inc)
Roof Space. A. 86.1 Tenant shall have the right be entitled, without charge, to lease space on the roof utilize a portion of the Building for Building’s roof (the purpose of installing (in accordance with Section 9.C dimensions of the Lease), operating area of which 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 which 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 ) solely for 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 installTenant, at Tenant’s sole cost and expense, appropriate aesthetic screeningof Tenant’s satellite dish and Tenant’s equipment for Tenant’s supplemental air-conditioning system. Tenant, reasonably satisfactory before installing any roof installations, shall submit to Landlord for Landlord’s approval (not to be unreasonably withheld or delayed) detailed plans and specifications therefor, showing the size and location thereof and the manner in which the roof installations shall be secured to the roof. Any roof installations shall be installed in a manner so as not to damage the roof or roof membrane or void any roof warranty. Without limiting the generality of the foregoing, the roof installations shall not be placed on the roof in a manner that would interfere with or diminish the views from the interior of the Building (other than from the Premises) or diminish the light entering into the Building (other than into the Premises). Tenant shall obtain all requisite permits and approvals for such installations (including, without limitation, from the Dish/Antenna (Landmarks Commission) and shall install the “Aesthetic Screening”)same in accordance with applicable laws and building codes.
B. 86.2 Landlord makes no representation as to the condition of the roof included within the Premises, including, without limitation, as to whether the roof is capable of supporting any structure(s), improvement(s) or installation(s) Tenant desires or intends to erect thereon.
86.3 The privileges granted hereunder shall constitute a license and shall not be deemed to grant Tenant a leasehold estate in the roof or any portion thereof. At the expiration or sooner termination of the term of this Lease, such license shall automatically terminate and Tenant shall remove, at Tenant’s expense, upon reasonable the roof installations from the roof area included within the Premises (unless, at least sixty (60) days prior written notice to the Expiration Date, Landlord notifies Tenant that such installations shall remain in place) and shall repair any damage to the roof caused by such removal using a contractor designated by Landlord.
86.4 Tenant and its employees, representatives, contractors, licensees and invitees (i) shall use such roof area in accordance with and to the extent permitted by all applicable laws, (ii) shall use and have access to such roof area at Tenant’s own risk. Subject to Article 9 and Paragraphs 51.4 and 51.5, Tenant shall indemnify and hold Landlord harmless from and against any damage to property or injuries to person, or any other loss, liability, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) resulting from (x) the use or occupancy of such roof area by Tenant and/or its employees, representatives, contractors, licensees and invitees, or (y) from the installation of the roof installation(s). Landlord shall have no liability for any damage that may result to any such roof installations, irrespective of the cause.
86.5 If Tenant requires riser space in the Building for a conduit connecting the Premises to such satellite dish or air-conditioning equipment, Landlord shall make such riser space available to Tenant in a location and of a size to be designated by Landlord in its discretion. Such conduit shall be installed by Tenant at Tenant’s sole cost and expense in a manner and at such times as Landlord shall prescribe.
86.6 Tenant’s installation of the satellite dish and air-conditioning equipment shall comply with all the requirements and the insurance, indemnity, repair and maintenance provisions of this Lease. Anything in this Lease to the contrary notwithstanding, all alterations and subsequent repairs or other work relating to the rooftop installations must be performed at Tenant’s expense. The satellite dish shall be installed in compliance with all federal, state and local laws, ordinances, rules and regulations, including those of the Federal Communications Commission (“FCC”). Tenant shall obtain, at Tenant’s expense, all permits, variances, licenses and approvals required with respect to the installation and maintenance of the satellite dish and air-conditioning equipment.
86.7 Tenant shall use the rooftop installations so as not to cause any interference (except to a deminimis extent) to Landlord’s use of the roof, including the use by Landlord or other tenants or occupants of the Building and of other equipment thereon (including data transmission or other similar or dissimilar equipment), or damage to or interference with the Roof Space for operation of the purpose of installing, maintaining, repairing and removing Building or the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, all of which shall be performed by Tenant or Building systems. If in Landlord’s reasonable judgment Tenant’s authorized representative satellite dish interferes with any equipment installed by Landlord or contractorsany other tenant in the Building, which shall be approved by Landlordor interferes with the operation of the Building or the Building systems, causes a health hazard or danger to the Building or any of its occupants, then Tenant, at Tenant’s sole cost and risk. It is agreedexpense, howevershall promptly take all commercially reasonable steps necessary to eliminate such interference, that only authorized engineersand if Tenant shall fail to eliminate such interference, employees or properly authorized contractors of Tenant, FCC (defined below) inspectorsat Tenant’s expense, or persons under their direct supervision will be permitted shall relocate the satellite dish to have access to another area on the roof of the Building and the Roof Space. Tenant further agrees to exercise firm control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits.
C. The installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof, or interfere with the use of the Building and roof designated by Landlord. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives.
D. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Building. In the event Tenant fails, within ten (10) days after notice, to relocate or remove the satellite dish, Landlord may do so, and Tenant shall promptly reimburse Landlord for any costs and expenses incurred by Landlord in connection therewith.
86.8 Landlord may, at its option, at any time during the Term upon not less than thirty (30) days’ prior notice to Tenant (except in the event of an emergency), relocate Tenant’s equipment causes such interference, Tenant will change roof installations to another area on the frequency on which it transmits and/or receives and take any other steps necessary to eliminate the interference. If said interference cannot be eliminated within a reasonable period of time, in the judgment of roof designated by Landlord, then or to cause Tenant agrees to remove the Dish/Antenna from the Roof Space.
E. Tenant shallsame for a period not in excess of one hundred twenty (120) days, and except as set forth in this Article 86, such relocation or removal shall be performed at its Landlord’s sole cost and expense, and at its sole risk, install, operate and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission (the “FCC”), the Federal Aviation Administration (“FAA”) or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under this Lease, the Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant’s equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna shall be connected to Landlord’s power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and but Tenant shall not be entitled to any rental a rent abatement for any such stoppage or shortage by reason of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety Landlord’s exercise of any of TenantLandlord’s representatives, repair, maintenance and engineering personnel while in or on any part of the Building or the Roof Spacerights under this Section 86.8.
F. The Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease or Tenant’s right to possession hereunder. 86.9 Tenant shall repair (i) be solely responsible for any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all a result of the Tenant’s equipment placed on or about use of the roof installations installed and used by Tenant, (ii) pay when due any tax, license, permit or in other fees or charges imposed pursuant to any other part legal requirements relating to the installation, maintenance or use of the Building in proper operating condition roof installations installed and maintain same in satisfactory condition as to appearance used by Tenant, (iii) promptly comply with all precautions and safety in safeguards that are mandatory recommendations by Landlord’s sole discretion. Such maintenance insurance company and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees that at all times during the Term, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant’s agents, employees or contractors.
G. In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord governmental authorities with respect to such installations, and (iv) promptly and diligently perform all necessary repairs or replacements to, or maintenance of, the rooftop installations installed and used by Tenant; provided, however, that if Tenant’s failure to commence and thereafter to diligently prosecute to completion such repair, replacement or maintenance of the rooftop installations jeopardizes in any way Landlord’s or any other tenant’s property located on the roof. If necessary, Tenantor elsewhere within the Building, Landlord may, at its Landlord’s option, elect to perform such repairs, replacements or maintenance at Tenant’s sole cost and expense, . Landlord shall retain any contractor having a then existing warranty in effect on the roof give Tenant ten (10) days’ prior notice of its election to perform such work (to the extent that it involves the roof)repairs, or, at Tenant’s option, to perform such work in conjunction with Tenant’s contractor. In the event the Landlord contemplates roof repairs that could affect Tenant’s Dish/Antenna, or which may result except in an interruption of the Tenant’s telecommunication service, Landlord shall formally notify Tenant at least thirty (30) days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order to allow Tenant to make other arrangements for such service.
H. Tenant shall not allow any provider of telecommunication, video, data or related services (“Communication Services”) to locate any equipment on the roof of the Building or in the Roof Space for any purpose other than to serve the Premises, nor may Tenant use the Roof Space and/or Dish/Antenna to provide Communication Services to an unaffiliated tenant, occupant or licensee of another building, or to facilitate the provision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, occupant or licensee of the Building or any other building.
I. Tenant acknowledges that Landlord may at some time establish a commercially reasonable standard license agreement (the “License Agreement”) with respect to the use of roof space by tenants of the Building. Tenant, upon request of Landlord, shall enter into such License Agreement with Landlord provided that such agreement does not adversely alter the rights of Tenant hereunder with respect to the Roof Space or impose any additional material obligations on Tenant with respect to the Roof Space.
J. Tenant specifically acknowledges and agrees that the terms and conditions of Article 14 above (Indemnity and Waiver of Claims) shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or utilized by Tenant, its representatives, agents, employees or contractors.
K. If Tenant is in Default, Landlord shall be permitted to exercise all remedies provided under the terms of the Lease, including removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and restoring the Building and the Roof Space to the condition that existed prior to the installation of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any. If Landlord removes the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, as a result of a Default, Tenant shall be liable for all costs and expenses Landlord incurs in removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and repairing any damage to the Building, the roof of the Building and the Roof Space caused by the installation, operation or maintenance of the Dish/Antenna, the appurtenances, and the Aesthetic Screening, if any.
Appears in 1 contract
Samples: Office Lease (PCI Media, 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 the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord’s architect employees from having informal meetings 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”).
B. Tenant, upon reasonable prior written notice to Landlord, shall have access to the roof of the Building and gatherings on the Roof Space for provided such use complies with the purpose terms, covenants and conditions of installing, maintaining, repairing this Lease and removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, all of which shall be performed by Tenant or this Subsection S. During Tenant’s authorized representative or contractors, which shall be approved by Landlord, at Tenant’s sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors use of Tenant, FCC (defined below) inspectors, or persons under their direct supervision will be permitted to have access to the roof of the Building and the Roof Space. Tenant further agrees to exercise firm control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits.
C. The installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof, or interfere with the use of the Building and roof by Landlord. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives.
D. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Building. In the event Tenant’s equipment causes such interference, Tenant will change the frequency on which it transmits and/or receives and take any other steps necessary to eliminate the interference. If said interference cannot be eliminated within a reasonable period of time, in the judgment of Landlord, then Tenant agrees to remove the Dish/Antenna from the Roof Space.
E. Tenant shall, at its sole cost and expense, and at its sole risk, install, operate and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission (the “FCC”), the Federal Aviation Administration (“FAA”) or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under this Lease, the Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant’s equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna shall be connected to Landlord’s power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or keep the Roof Space because of any act, omission or requirement broom clean solely with respect to Tenant’s use of the public utility serving Roof Space and free from Tenant’s debris. For the Buildingavoidance of doubt, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled responsible for cleaning or removing debris from the Roof Space with respect to any rental abatement for any such stoppage or shortage other tenant’s use of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant’s representatives, repair, maintenance and engineering personnel while in or on any part of the Building or the Roof Space.
F. The Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease or Tenant’s right to possession hereunder. Tenant shall repair also be responsible for any damage to the Roof Space that is caused by such removalTenant or any Tenant Party. The Roof Space, including or any portion thereof, is, without Tenant's consent, subject to (i) expansion, contraction, modification or other changes to the patching Roof Space (the "Changes"); (ii) closure of all or any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all portion of the Tenant’s equipment placed on Roof Space for repairs or about for Changes; (iii) such other acts in the roof Roof Space which may be desirable for the use thereof; and/or (iv) closure of all or in any other part portion of the Building in proper operating condition and maintain same in satisfactory condition as to appearance and safety Roof Space if deemed necessary or desirable by the Landlord in Landlord’s sole discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees that at all times during the Term, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced No action taken by Tenant or Tenant’s agents, employees or contractors.
G. In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant’s option, to perform such work in conjunction with Tenant’s contractor. In the event the Landlord contemplates roof repairs that could affect Tenant’s Dish/Antenna, or which may result in an interruption of the Tenant’s telecommunication service, Landlord shall formally notify Tenant at least thirty (30) days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order to allow Tenant to make other arrangements for such service.
H. Tenant shall not allow any provider of telecommunication, video, data or related services (“Communication Services”) to locate any equipment on the roof of the Building or in the Roof Space for any purpose other than to serve the Premises, nor may Tenant use the Roof Space and/or Dish/Antenna to provide Communication Services to an unaffiliated tenant, occupant or licensee of another building, or to facilitate the provision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, occupant or licensee of the Building or any other building.
I. Tenant acknowledges that Landlord may at some time establish a commercially reasonable standard license agreement (the “License Agreement”) with respect to the use of roof space by tenants of the Building. Tenant, upon request of Landlord, shall enter into such License Agreement with Landlord provided that such agreement does not adversely alter the rights of Tenant hereunder with respect to the Roof Space or impose any additional material obligations on Tenant with respect to the Roof Space.
J. Tenant specifically acknowledges and agrees that the terms and conditions of Article 14 above (Indemnity and Waiver of Claims) shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or utilized by Tenant, its representatives, agents, employees or contractors.
K. If Tenant is in Default, Landlord shall be permitted to exercise all remedies provided 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 the terms this Lease or effect a termination of the this Lease, including removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and restoring the Building and the Roof Space to the condition that existed prior to the installation of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any. If Landlord removes the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, as a result of a Default, Tenant shall be liable for all costs and expenses Landlord incurs in removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and repairing any damage to the Building, the roof of the Building and the Roof Space caused by the installation, operation or maintenance of the Dish/Antenna, the appurtenances, and the Aesthetic Screening, if any.
Appears in 1 contract
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”).
B. Landlord agrees that Tenant, upon reasonable prior written notice to Landlord, shall have access to the roof of the Building and the Roof Space for the purpose of installing, maintaining, repairing and removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, all of which shall be performed by Tenant or Tenant’s authorized representative or contractors, which shall be reasonably approved by Landlord, at Tenant’s sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant, FCC (defined below) inspectors, or persons under their direct supervision will be permitted to have access to the roof of the Building and the Roof SpaceSpace to the extent required to comply with applicable laws, codes, rules and regulations. Tenant further agrees to exercise firm control over the people requiring access to the roof of the Building and the Roof Space on behalf of Tenant in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits.
C. The It is further understood and agreed that the installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof, or unreasonably interfere with the use of the Building and roof by Landlord. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives.
D. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing other tenants or licensees of the BuildingProject. In the event Tenant’s equipment causes such interference, Tenant will change the frequency on which it transmits and/or receives and take any other Landlord shall reasonably cooperate to determine what steps are reasonably necessary to eliminate the interference. If said interference cannot be eliminated within a reasonable period of time, in the judgment of Landlord, then Tenant agrees to remove the Dish/Antenna from the Roof Space.
E. Tenant shall, at its sole cost and expense, and at its sole risk, install, operate and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance with all applicable Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission (the “FCC”), the Federal Aviation Administration (“FAA”) or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under this Lease, the Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant’s equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna shall be connected to Landlord’s power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant’s representatives, repair, maintenance and engineering personnel while in or on any part of the Building or the Roof Space, except to the extent of any injury arising due to the willful misconduct or gross negligence of Landlord or its employees, agents or independent contractors.
F. The Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease or Tenant’s right to possession hereunder. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as reasonably possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant’s equipment placed on or about the roof or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to appearance and safety in Landlord’s sole reasonable discretion. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees that at all times during the Term, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant’s agents, employees or contractors.
G. In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, under the terms of the roof warranty, Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant’s option, to perform such work in conjunction with Tenant’s contractor. In the event the Landlord contemplates roof repairs or maintenance that could affect Tenant’s Dish/Antenna, or which may result in an interruption of the Tenant’s telecommunication service, Landlord shall formally notify Tenant at least thirty (30) days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order to allow Tenant to make other arrangements for such service.
H. Tenant shall not allow any provider of telecommunication, video, data or related services (“Communication Services”) to locate any equipment on the roof of the Building or in the Roof Space for any purpose other than to serve the Premiseswhatsoever, nor may Tenant use the Roof Space and/or Dish/Antenna to provide Communication Services to an unaffiliated tenant, occupant or licensee of another building, or to facilitate the provision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, occupant or licensee of the Building or any other building.
I. Tenant acknowledges that Landlord may at some time establish a commercially reasonable standard license agreement (the “License Agreement”) with respect to the use of roof space by tenants of the Building. Tenant, upon request of Landlord, shall enter into such License Agreement with Landlord provided that such agreement is commercially reasonable and does not adversely materially alter the rights of Tenant hereunder with respect to the Roof Space or impose any additional material obligations on Tenant with respect to the Roof Space.
J. Tenant specifically acknowledges and agrees that the terms and conditions of Article Section 14 above of the Lease (Indemnity and Waiver of Claims) shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or utilized by Tenant, its representatives, agents, employees or contractors.
K. If Tenant is in Defaultdefaults under any of the terms and conditions of this Section or the Lease, and Tenant fails to cure said default within the time allowed by Section 19 of the Lease, Landlord shall be permitted to exercise all remedies provided under the terms of the Lease, including removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and restoring the Building and the Roof Space to the condition that existed prior to the installation of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any. If Landlord removes the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, as a result of a Defaultan uncured default, Tenant shall be liable for all costs and expenses Landlord incurs in removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and repairing any damage to the Building, the roof of the Building and the Roof Space caused by the installation, operation or maintenance of the Dish/Antenna, the appurtenances, and the Aesthetic Screening, if any.
Appears in 1 contract
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 to Landlordcondenser units, antennas, and/or other such equipment installed by or for the Dish/Antenna (the “Aesthetic Screening”).
B. Tenant, upon reasonable prior written notice to Landlord, shall have access to the roof of the Building and the Roof Space for the purpose of installing, maintaining, repairing and removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, all of which shall be performed by Tenant in or Tenant’s authorized representative or contractors, which shall be approved by Landlord, at Tenant’s sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant, FCC (defined below) inspectors, or persons under their direct supervision will be permitted to have access to the roof of the Building and on the Roof Space. Tenant further agrees to exercise firm control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits.
C. The installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof, or interfere with the use of the Building and roof by Landlord. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives.
D. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Building. In the event Tenant’s equipment causes such interference, Tenant will change the frequency on which it transmits and/or receives and take any other steps necessary to eliminate the interference. If said interference cannot be eliminated within a reasonable period of time, in the judgment of Landlord, then Tenant agrees to remove the Dish/Antenna from the Roof Space.
E. Tenant shall, at its sole cost and expense, and at its sole risk, install, operate and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission (the “FCC”), the Federal Aviation Administration (“FAA”) or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under this Lease, the Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant’s equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna shall be connected to Landlord’s power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant’s representatives, repair, maintenance and engineering personnel while in or on any part of the Building or the Roof Space.
F. The Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease or Tenant’s right to possession hereunder. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant’s equipment placed on or about the roof or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to appearance and safety in Landlord’s sole discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees that at all times during the Term, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant’s agents, employees or contractors.
G. In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant’s option, to perform such work in conjunction with Tenant’s contractor. In the event the Landlord contemplates roof repairs that could affect Tenant’s Dish/Antenna, or which may result in an interruption of the Tenant’s telecommunication service, Landlord shall formally notify Tenant at least thirty (30) days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order to allow Tenant to make other arrangements for such service.
H. Tenant shall not allow any provider of telecommunication, video, data or related services (“Communication Services”) to locate any equipment on the roof of the Building or in the Roof Space for any purpose other than to serve the Premises, nor may Tenant use the Roof Space and/or Dish/Antenna to provide Communication Services to an unaffiliated tenant, occupant or licensee of another building, or to facilitate the provision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, occupant or licensee of the Building or any other building.
I. Tenant acknowledges that Landlord may at some time establish a commercially reasonable standard license agreement (the “License Agreement”) with respect to the use of roof space by tenants of the Building. Tenant, upon request of Landlord, shall enter into such License Agreement with Landlord provided that such agreement does not adversely alter the rights of Tenant hereunder with respect to the Roof Space or impose any additional material obligations on Tenant with respect to the Roof Space.
J. Tenant specifically acknowledges and agrees that the terms and conditions of Article 14 above (Indemnity and Waiver of Claims) shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or utilized by Tenant, its representatives, agents, employees or contractors.
K. If Tenant is in Default, Landlord shall be permitted to exercise all remedies provided under the terms of the Lease, including removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and restoring the Building and the Roof Space to the condition that existed prior to the installation of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any. If Landlord removes the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, as a result of a Default, Tenant shall be liable for all costs and expenses Landlord incurs in removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and repairing any damage to the Building, the roof of the Building Premises and the Roof Space caused occasioned by the installation, construction, operation or maintenance 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 Dish/Antenna, the appurtenances, and the Aesthetic Screening, if anyreasonable cost thereof to Tenant.
Appears in 1 contract
Samples: Lease (Equinix Inc)
Roof Space. A. (a) Tenant shall have the right to lease presently occupies an area or areas of 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”), as set forth on the plan annexed hereto as Exhibit G, in connection with the conduct of Tenant’s business as permitted under this Lease, in order to accommodate Tenant’s HVAC System, Antenna Equipment and Tenant’s Generators (collectively, the “Roof Equipment”). 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 Subject to the operation rights of other tenants or occupants 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 defectiveBuilding, Landlord shall notify make available to 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”).
B. Tenant, upon reasonable prior written notice to Landlord, shall have access to the roof of the Building and the Roof Space for the purpose upgrade, maintenance, repair, operation and use of installingthe Roof Equipment. If any of the Roof Equipment generates noise likely, maintainingin Landlord’s judgment, repairing to disturb other tenants or occupants of the Building, then Tenant shall install sound attenuated acoustic enclosures satisfactory to Landlord designed to eliminate such noise or reduce such noise to acceptable levels. For purposes of this Lease, “acceptable levels” shall mean that the Roof Equipment produces a noise level of not more than 75 dB (A) at four (4) meters, but in no event greater than that permitted under applicable Laws. Landlord acknowledges that the Roof Equipment is currently connected to the Premises by conduit running from the Roof Space to the Premises through riser space. References herein to the Roof Equipment shall be deemed to include such riser space and removing any conduit therein.
(b) The installation of any new or replacement Roof Equipment shall constitute an Alteration and such installation, together with any changes thereto or to any of the Dish/Antennaexisting Roof Equipment, the appurtenances and the Aesthetic Screening, if any, all of which shall be performed by Tenant or Tenant’s authorized representative or contractors, which shall be approved by Landlord, at Tenant’s sole cost expense (including any costs and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant, FCC (defined below) inspectors, or persons under their direct supervision will be permitted to have access to expenses in connection with reinforcing the roof of the Building Building, if required) in accordance with and subject to the provisions of Article 4. All of the provisions of this Lease shall apply to the installation, upgrade, use and maintenance of the Roof Equipment, including all provisions relating to compliance with Laws, insurance, indemnity, repairs and maintenance. Tenant shall not be charged any rental for any new Roof Equipment (other than Antenna Equipment) or replacement Roof Equipment installed within the Roof Space, but Landlord may charge its Building Standard Rate if Tenant requests additional Roof Space.
(c) Landlord retains the right to use the portions of the Building adjacent to the Roof Space for any purpose whatsoever, provided such use shall not interfere with the functioning of the Roof Equipment. Tenant further agrees to exercise firm control over the people requiring shall have reasonable access to the roof of the Building Roof Equipment at all times, and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits.
C. The installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is Landlord shall not permitted to damage the Building or the roof thereof, or interfere with the use of the Roof Equipment so as to cause the operation thereof to be interrupted or impaired. Tenant shall use and operate the Roof Equipment so as not to cause any interference to Landlord’s use of the roof or any other portion of the Building, or damage to or interference with the operation of the Building or any Building Systems installed prior to the installation of the Roof Equipment. If the Roof Equipment materially interferes with any equipment installed by Landlord or any other tenant in the Building prior to the installation of the Roof Equipment, then Tenant, at its expense, shall take all steps necessary to eliminate such interference, and roof if Tenant shall fail to substantially eliminate such interference, Tenant shall relocate the Roof Equipment to another area on the Building designated by Landlord. In the event Tenant agrees fails, within ninety (90) days after notice (or such shorter period as shall be reasonably required in the event of an emergency), to relocate or remove the Roof Equipment, Landlord may do so, and Tenant shall promptly reimburse Landlord for any costs and expenses incurred by Landlord in connection therewith.
(d) Landlord may at its option, at any time during the Term upon not less than one hundred twenty (120) days prior notice to Tenant (except in the event of an emergency) relocate the Roof Equipment to another area in or on the Building designated by Landlord and reasonably satisfactory to Tenant, provided that such relocation (i) is performed at Landlord’s expense, and (ii) shall not result in any interruption of the operation of the Roof Equipment that interferes with or prevents Tenant from using the Premises for the conduct of its business. Without limiting the foregoing, if required in order to prevent any such interruption of the operation of the Roof Equipment, Landlord shall provide substantially equivalent alternative or redundant services, at Landlord’s expense. Landlord shall pay the costs of transferring Tenant’s systems from the Roof Equipment to alternative systems, and shall indemnify Tenant against all actual out-of-pocket Losses resulting from any material interruption of or interference with Tenant’s business due to any relocation of the Roof Equipment by Landlord pursuant to this Section 10.10(d), but excluding consequential damages of any kind or nature whatsoever, such as loss of profits or loss of business opportunities.
(e) Landlord shall not have any obligations with respect to the Roof Equipment or compliance with any Laws (including the obtaining of any required permits or licenses, or the maintenance thereof) relating thereto, nor shall Landlord be responsible for any damage that may be caused to Tenant or the roof or Roof Equipment by any other part tenant or occupant of the Building, which may except for damage caused by the gross negligence or willful misconduct of Landlord or any Landlord Party.
(f) Tenant shall (i) be solely responsible for any damage caused as a result of the use of the Roof Equipment by Tenant or any of its agents Tenant Party, (ii) promptly pay any tax, license, permit or representatives.
D. Tenant agrees other fees or charges imposed pursuant to install only equipment of types and frequencies which will not cause unreasonable interference any Laws relating to Landlord the installation, maintenance or existing tenants use of the Building. In Roof Equipment, and (iii) promptly perform all necessary repairs or replacements to, or maintenance of, the event Roof Equipment, provided that if Tenant’s equipment causes such interferencefailure after thirty (30) days’ notice from Landlord to so repair, Tenant will change replace or maintain the frequency on which it transmits and/or receives and take Roof Equipment jeopardizes in any way Landlord’s or any other steps necessary to eliminate tenant’s property located on the interference. If said interference cannot be eliminated roof or within a reasonable period of time, in the judgment of Landlord, then Tenant agrees to remove the Dish/Antenna from the Roof Space.
E. Tenant shall, at its sole cost and expense, and at its sole risk, install, operate and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission (the “FCC”), the Federal Aviation Administration (“FAA”) or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under this Lease, the Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant’s equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna shall be connected to Landlord’s power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the public utility serving the Building, Landlord may, at Landlord’s option, elect to perform such repairs, replacements or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of maintenance at Tenant’s representativesexpense. Landlord shall give Tenant thirty (30) days’ prior notice of its election to perform such repairs, repairexcept in an emergency.
(g) The privileges granted Tenant under this Section 10.10 merely constitute a license and shall not, maintenance and engineering personnel while now or at any time after the installation of the Roof Equipment, be deemed to grant Tenant a leasehold or other real property interest in or on any part of the Building or any portion thereof, including the Roof Space.
F. Building’s roofs. The Dish/Antenna, the appurtenances license granted to Tenant in this Section 10.10 shall continue until and the Aesthetic Screening, if any, shall remain the personal property of Tenant, automatically terminate and shall be removed by Tenant at its own expense at expire upon the expiration or earlier termination of this Lease and the termination of such license shall be self-operative and no further instrument shall be required to effect such termination. Upon request by Landlord following the expiration or sooner termination of this Lease and the license granted to Tenant in this Section 10.10, Tenant, at Tenant’s 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 right to possession hereunder. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant’s equipment placed on or about the roof or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to appearance and safety in Landlord’s sole discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees that at all times during the Term, it will keep use the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant’s agents, employees or contractorsBuilding.
G. In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant’s option, to perform such work in conjunction with Tenant’s contractor. In the event the Landlord contemplates roof repairs that could affect Tenant’s Dish/Antenna, or which may result in an interruption of the Tenant’s telecommunication service, Landlord shall formally notify Tenant at least thirty (30) days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order to allow Tenant to make other arrangements for such service.
H. Tenant shall not allow any provider of telecommunication, video, data or related services (“Communication Services”) to locate any equipment on the roof of the Building or in the Roof Space for any purpose other than to serve the Premises, nor may Tenant use the Roof Space and/or Dish/Antenna to provide Communication Services to an unaffiliated tenant, occupant or licensee of another building, or to facilitate the provision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, occupant or licensee of the Building or any other building.
I. Tenant acknowledges that Landlord may at some time establish a commercially reasonable standard license agreement (the “License Agreement”) with respect to the use of roof space by tenants of the Building. Tenant, upon request of Landlord, shall enter into such License Agreement with Landlord provided that such agreement does not adversely alter the rights of Tenant hereunder with respect to the Roof Space or impose any additional material obligations on Tenant with respect to the Roof Space.
J. Tenant specifically acknowledges and agrees that the terms and conditions of Article 14 above (Indemnity and Waiver of Claims) shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or utilized by Tenant, its representatives, agents, employees or contractors.
K. If Tenant is in Default, Landlord shall be permitted to exercise all remedies provided under the terms of the Lease, including removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and restoring the Building and the Roof Space to the condition that existed prior to the installation of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any. If Landlord removes the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, as a result of a Default, Tenant shall be liable for all costs and expenses Landlord incurs in removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and repairing any damage to the Building, the roof of the Building and the Roof Space caused by the installation, operation or maintenance of the Dish/Antenna, the appurtenances, and the Aesthetic Screening, if any.
Appears in 1 contract
Samples: Lease Agreement (Telx Group, Inc.)
Roof Space. A. Tenant shall have the right (a) Landlord hereby leases to lease Tenant, without charge, one hundred (100) square feet of space on the roof rooftop of the Building for the purpose of installing (in accordance with Section 9.C of the Lease), operating as shown on Schedule 6 annexed hereto and maintaining made a thirty (30) inch dish/antenna or other communication device approved by the Landlord, such approval not to be unreasonably withheld, conditioned or delayed part hereof (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”Premises"). Landlord reserves the right Tenant may elect 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”).
B. Tenant, upon reasonable prior written notice to Landlord, shall have access to the roof of the Building and the Roof Space for the purpose of installing, maintaining, repairing and removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, all of which shall be performed by Tenant or Tenant’s authorized representative or contractors, which shall be approved by Landlord, at Tenant’s sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant, FCC (defined below) inspectors, or persons under their direct supervision will be permitted to have access to the roof of the Building and the Roof Space. Tenant further agrees to exercise firm control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits.
C. The installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof, or interfere with the use of the Building and roof by Landlord. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives.
D. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Building. In the event Tenant’s equipment causes such interference, Tenant will change the frequency on which it transmits and/or receives and take any other steps necessary to eliminate the interference. If said interference cannot be eliminated within a reasonable period of time, in the judgment of Landlord, then Tenant agrees to remove the Dish/Antenna from the Roof Space.
E. Tenant shall, Premises at its sole cost and expenseexpenses so long as it does not interfere with the penthouse tenant's use and occupancy of its premises and the Building systems.
(b) Tenant shall use the Roof Premises for the installation, operation and at its sole riskmaintenance of telecommunication equipment, installassociated antenna, operate base stations, dishes, switches, power supplies, batteries and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission accessories (the “FCC”"Installation"), the Federal Aviation Administration (“FAA”) or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under this Lease, the Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant’s equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna shall be connected Installation or other property attached to Landlord’s power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or otherwise brought onto the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant Premises shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant’s representatives, repair, maintenance and engineering personnel while in or on any part of the Building or the Roof Space.
F. The Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease or Tenant’s right to possession hereunder. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant’s equipment placed on or about the roof or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to appearance and safety in Landlord’s sole discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees that at all times during the Term, it will keep the roof of the Building remain Tenant's personal property and the Roof Space free of all trash or waste materials produced by Tenant or Tenant’s agents, employees or contractors.
G. In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlordare not considered fixtures. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall retain be responsible for obtaining electrical service for the Roof Premises from the utility company servicing the Building and shall pay for such electricity, on a submetered basis, in accordance with the provisions of Article 12 of this Lease. Tenant shall be responsible, at its own cost and expense, to install and maintain any contractor having a then existing warranty in effect on submeters necessary for the roof to perform such work (to metering of the extent that it involves electric consumption of the roof), orInstallation. Landlord, at Tenant’s option's sole cost and expense, shall make available to perform such work Tenant the panel boards, feeders, conduits and risers in conjunction the Building as may be necessary in order to bring electric energy to the Roof Premises.
(c) The placement of the Installation on the Roof Premises shall be deemed to be an Alteration and shall be subject to the provisions of Article 6 hereof and to any other applicable provisions of this Lease. Landlord agrees to cooperate with Tenant’s contractor. In the event the Landlord contemplates roof repairs that could affect , at Tenant’s Dish/Antenna's expense, or in making application for, and obtaining, any local, state, and federal licenses, permits and any other approvals which may result in an interruption of the Tenant’s telecommunication service, Landlord shall formally notify Tenant at least thirty (30) days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order be required to allow Tenant to make other arrangements for such serviceuse the Roof Premises. Tenant shall employ due diligence to obtain said approvals within a timely manner.
H. (d) Landlord agrees to provide Tenant, Tenant's employees and authorized agents, at reasonable times and on reasonable notice (which may be oral), access to the Roof Premises.
(e) The Installation may be removed by Tenant at any time during the Term, and, in such event, Tenant shall not allow be responsible, at its sole cost and expense, to repair any provider damage to the Roof Premises resulting from Tenant's removal of telecommunicationthe Installation. Furthermore, videoTenant shall repair any damage to the Roof Premises caused by Tenant during the Term, data ordinary wear and tear and damage from the elements excepted, and said obligation shall survive the expiration or related services sooner termination of the Lease.
(“Communication Services”f) In the event that Landlord elects, in its sole discretion, to locate any equipment construct additional floors to the Building above the Roof Premises, Landlord shall provide Tenant with comparable space on the new roof of the Building (the "New Roof Premises") promptly following the completion of any such addition and Tenant may, at its sole cost and expense, move the Installation to the New Roof Premises. Landlord shall not be responsible or liable in any manner whatsoever, for any costs, damages, abatements and/or set-offs due to an interruption in the Roof Space for any purpose other than to serve the Premises, nor may Tenant use and occupancy of the Roof Space and/or Dish/Antenna Premises during such construction period.
(g) Tenant agrees not to provide Communication Services cause any unreasonable interference to an unaffiliated tenant, occupant or licensee the telecommunication operation of another building, or to facilitate the provision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, occupant or licensee of the Building Landlord or any other building.
I. Tenant acknowledges that Landlord may at some time establish a commercially reasonable standard license agreement (the “License Agreement”) with respect to the use of roof space by tenants of in the Building. TenantTenant shall operate the Installation in compliance with all applicable Federal Communications Commission (FCC) regulations.
(h) Notwithstanding any provision in this Lease to the contrary, upon request Tenant may not sublet or assign any portion of the Roof Premises (except in connection with an assignment of this Lease in accordance with the terms hereof) without the prior written consent of Landlord, shall enter into such License Agreement with which consent may be withheld by Landlord provided that such agreement does not adversely alter the rights of Tenant hereunder with respect to the Roof Space or impose any additional material obligations on Tenant with respect to the Roof Spacein its sole discretion.
J. Tenant specifically acknowledges and agrees that the terms and conditions of Article 14 above (Indemnity and Waiver of Claims) shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or utilized by Tenant, its representatives, agents, employees or contractors.
K. If Tenant is in Default, Landlord shall be permitted to exercise all remedies provided under the terms of the Lease, including removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and restoring the Building and the Roof Space to the condition that existed prior to the installation of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any. If Landlord removes the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, as a result of a Default, Tenant shall be liable for all costs and expenses Landlord incurs in removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and repairing any damage to the Building, the roof of the Building and the Roof Space caused by the installation, operation or maintenance of the Dish/Antenna, the appurtenances, and the Aesthetic Screening, if any.
Appears in 1 contract
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 acknowledges 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 agrees that Landlord shall use reasonable efforts to minimize any interference to makes ---------- no representation or warranty, express or implied, regarding the operation suitability, tenantability or habitability 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”).
B. Tenant, upon reasonable prior written notice to Landlord, shall have access to the roof of the Building and the Roof Space for the purpose of installing, maintaining, repairing and removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, all of which shall be performed by Tenant or Tenant’s authorized representative or contractors, which shall be approved by Landlord, at Tenant’s sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant, FCC (defined below) inspectors, or persons under their direct supervision will be permitted to have access to the roof of the Building and the Roof Space. Tenant further agrees intends to exercise firm control over the people requiring access to the roof of the Building and use the Roof Space for general office purposes, and for no other business or purpose in order to keep to a minimum the number of people having access to the roof accordance with Section 2.3 ("Tenant's Intended Use of the Building Roof Space"). Tenant --------------------------------------- acknowledges that the Roof Space may not be developable for Tenant's Intended Use of the 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 Space and to use the frequency of their visits.
C. The installation, maintenance, operation and removal Roof Space only for Tenant's Intended Use of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is not permitted Roof Space. If improvements are required to damage the Building or the roof thereof, or interfere with the use of the Building and roof by Landlord. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives.
D. Tenant agrees other than the Premises, to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants permit development of the Building. In the event Roof Space for Tenant’s equipment causes such interference, Tenant will change the frequency on which it transmits and/or receives and take any other steps necessary to eliminate the interference. If said interference cannot be eliminated within a reasonable period 's Intended Use of time, in the judgment of Landlord, then Tenant agrees to remove the Dish/Antenna from the Roof Space.
E. Tenant shall, at its sole cost and expense, and at its sole risk, install, operate and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission (the “FCC”), the Federal Aviation Administration (“FAA”) or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under this Lease, the Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant’s equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna shall be connected to Landlord’s power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant’s representatives, repair, maintenance and engineering personnel while in or on any part of the Building or the Roof Space.
F. The Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease or Tenant’s right to possession hereunder. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant’s equipment placed on or about the roof or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to appearance and safety in Landlord’s sole discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees that at all times during the Term, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant’s agents, employees or contractors.
G. In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice responsible for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject all costs related to the reasonable approval design and construction of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant’s option, to perform such work in conjunction with Tenant’s contractor. In the event the Landlord contemplates roof repairs that could affect Tenant’s Dish/Antenna, or which may result in an interruption of the Tenant’s telecommunication serviceimprovements; however, Landlord shall formally notify Tenant at least thirty (30) days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order to allow Tenant have no obligation to make other arrangements or approve any such improvements, even if Landlord's failure to make such improvements results in Tenant not being able to use the Roof Space for such service.
H. Tenant shall not allow any provider of telecommunication, video, data or related services (“Communication Services”) to locate any equipment on the roof Tenant's Intended Use of the Building Roof Space. If Tenant is unable to develop or in use the Roof Space for any purpose other than reason whatsoever, including Landlord's failure to serve make improvements necessary for the Premisesdevelopment of the Roof Space, nor may such failure shall not be a default by Landlord under this Lease. If Tenant elects to develop or use the Roof Space and/or Dish/Antenna to provide Communication Services to an unaffiliated tenantSpace, occupant or licensee Tenant shall do so in compliance all provisions of another buildingthis Lease; however, or to facilitate the provision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, occupant or licensee of the Building or any other building.
I. Tenant acknowledges agrees that Landlord may at some time establish a commercially reasonable standard license agreement (the “License Agreement”) with respect to the use shall have no obligations of roof space by tenants of the Building. Tenant, upon request of Landlord, shall enter into such License Agreement with Landlord provided that such agreement does not adversely alter the rights of Tenant hereunder with respect to the Roof Space or impose any additional material obligations on Tenant kind whatsoever with respect to the Roof Space.
J. Tenant specifically acknowledges and agrees that the terms and conditions of Article 14 above (Indemnity and Waiver of Claims) shall apply with full force and effect . Any improvements or alterations to the Roof Space and any other portions shall be in accordance with Section 6.1(b). For purposes of the roof accessed or utilized by TenantRoof Space, its representativesthe indemnity in Section 6.5 shall also include the development, agentsdesign, employees or contractors.
K. If Tenant is and construction of improvements in Default, Landlord shall be permitted the Roof Space. Prior to exercise all remedies provided under the terms development of the LeaseRoof Space, including removing Tenant shall provide Landlord an engineering report from a registered structural engineer stating that the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and restoring the Building and construction of a deck in the Roof Space to the condition that existed prior to the installation is structurally feasible. Upon completion of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any. If Landlord removes the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, as a result of a Defaultdeck, Tenant shall be liable for all costs and expenses provide Landlord incurs in removing an engineering report from a registered structural engineer stating the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and repairing any damage to the Building, the roof maximum load capacity of the Building and the Roof Space caused by the installation, operation or maintenance of the Dish/Antenna, the appurtenances, and the Aesthetic Screening, if anycompleted deck.
Appears in 1 contract
Samples: Lease Agreement (Naviant Inc)
