Common use of Roof Terrace Clause in Contracts

Roof Terrace. Tenant shall have the right, at Tenant’s sole cost and expense, to construct a roof terrace on the roof of the Building (“Roof Terrace”), provided that (a) no Default of Tenant has occurred and remains uncured hereunder, (b) Landlord approves in writing the location, size and appearance of the Roof Terrace, which approval may be withheld or conditioned at Landlord’s sole discretion, (c) the Roof Terrace is in compliance with all applicable laws, codes and ordinances and Tenant has obtained all governmental permits and approvals required in connection therewith, (d) the installation, maintenance and removal of the Roof Terrace (including, without limitation, the repair and cleaning of the roof of the Building upon removal of the Roof Terrace) is performed at Tenant’s expense in accordance with the terms and conditions governing alterations pursuant to Section 5.2 of the Lease and Landlord’s reasonable regulations. If Landlord has approved same, Landlord agrees to cooperate with Tenant for the construction and permitting of the Roof Terrace. Landlord shall have the right to prescribe reasonable rules and regulations for Tenant’s use of the Roof Terrace from time to time. Such rules shall in any event include, without limitation, that no cooking of any sort shall be permitted on the Roof Terrace, that no one shall lean over the edge of the Roof Terrace at any time, that nothing shall be hung on or displayed from the Roof Terrace railings, that no one shall throw, sweep, shovel or otherwise dispose of anything over the edge of the Roof Terrace, and that all items placed in the Roof Terrace shall be secured such that the same cannot be blown off the Roof Terrace by high winds. If Landlord notifies Tenant in writing that a violation of the Roof Terrace rules and regulations has occurred, and thereafter the same or a similar violation occurs beyond applicable notice and cure periods, Landlord shall have the right to revoke Tenant’s right to use the Roof Terrace. If Tenant constructs the Roof Terrace, Tenant shall, at Tenant’s cost and expense, be responsible for (i) cleaning, repairing and maintaining the Roof Terrace throughout the Term of the Lease and (ii) for performing any maintenance, repairs, or replacement to the Building made necessary or advisable by reason of the presence thereon of the Roof Terrace or the installation of same.

Roof Terrace. Tenant shall have sole and exclusive use of the roof top “penthouse” and the exterior portions of the roof; provided that Landlord shall have the right to use and access the Roof Terrace to perform or exercise any of its rights under this Lease. Subject to Landlord’s reasonable approval (not to be unreasonably withheld, conditioned or delayed), and; provided that both Landlord and Tenant reasonably agree that the same is feasible and will not cause any material damage or degradation of value to the Building or Building Systems, Tenant shall have the rightright to install a deck on the roof of the Building (the “Roof Terrace”), at Tenant’s sole cost and expense, in a mutually agreeable location and based on mutually agreeable dimensions for the deck. At Tenant’s request, Landlord agrees to construct a roof terrace on contract for the roof of the Building (“Roof Terrace”), provided that (a) no Default of Tenant has occurred installation and remains uncured hereunder, (b) Landlord approves in writing the location, size and appearance maintenance of the Roof Terrace, which approval may be withheld or conditioned at Landlord’s sole discretion, (c) the Roof Terrace is in compliance with all applicable laws, codes and ordinances ; provided that Landlord and Tenant has obtained all governmental permits and approvals required in connection therewith, (d) the installation, maintenance and removal of the Roof Terrace (including, without limitation, the repair and cleaning of the roof of the Building upon removal of the Roof Terrace) is performed at Tenant’s expense in accordance with mutually agree on the terms and conditions governing alterations pursuant to Section 5.2 procedures for payment of the Lease and Landlord’s reasonable regulationssame by Tenant. If Landlord has approved same, Landlord agrees to cooperate with Tenant for the The construction and permitting of the Roof Terrace. Landlord shall have the right to prescribe reasonable rules and regulations for Tenant’s use of the Roof Terrace from time to time. Such rules shall in any event include, without limitation, that no cooking of any sort shall be permitted on the Roof Terrace, that no one shall lean over the edge of the Roof Terrace at any time, that nothing shall be hung on or displayed from the Roof Terrace railings, that no one shall throw, sweep, shovel or otherwise dispose of anything over the edge of the Roof Terrace, and that all items placed in the Roof Terrace shall be secured such governed by Article IX (Alterations) hereof; provided that at all times all work on the same cannot roof shall be blown off the Roof Terrace controlled and supervised by high winds. If Landlord notifies Tenant in writing that a violation of the Roof Terrace rules and regulations has occurred, and thereafter the same or a similar violation occurs beyond applicable notice and cure periods, Landlord shall have the right to revoke Tenant’s right to use the Roof Terrace. If Tenant constructs the Roof Terrace, Tenant shallLandlord, at Tenant’s cost and expense. In no event shall Tenant make or cause to be made any penetration through the roof without the prior written reasonable consent of Landlord. Should Landlord consent to Tenant’s penetration through the roof, be responsible for (i) cleaning, repairing Tenant shall use Landlord’s roofing contractor to repair or re-flash Tenant’s roofing penetrations. Tenant shall deliver to Landlord a certification letter from such roofing contractor stating that all roof repairs and maintaining penetrations have been made in compliance with the roof warranty. Tenant’s right to install the Roof Terrace throughout shall be subject to applicable Requirements, as well as Landlord’s review and reasonable approval of Tenant’s plans and specifications therefor. Following construction of the Term Roof Terrace, provided the rentable square footage of the Premises does not fall below the rentable square footage of the Initial Premises as of the Effective Date (in which event, at Landlord’s election, such right shall be non-exclusive, in common with other tenants of the Building), Tenant shall have the exclusive right to use the Roof Terrace, in accordance with all rules and regulations adopted by Landlord, in its reasonable discretion, in connection therewith. Tenant shall indemnify and hold Landlord harmless from any claims, injury or damage that results from Tenant’s installation and use of the Roof Terrace, however, Tenant shall either carry or reimburse Landlord for the appropriate insurance addressing such rooftop installation. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove the Roof Terrace at the expiration or earlier termination of the Lease and (ii) for performing any maintenanceTerm, repairs, or replacement to the Building made necessary or advisable by reason of the presence thereon of the provided such Roof Terrace or the installation of samehas been maintained by Tenant and is in good condition, reasonable wear and tear accepted.

Roof Terrace. Tenant Landlord shall have install a terrace (the right, at Tenant’s sole cost and expense, to construct a roof terrace on the roof of the Building (“Roof Terrace”)) as generally depicted on Exhibit 7 attached hereto, provided that (a) no Default of Tenant has occurred and remains uncured hereunder, (b) Landlord approves in writing the location, size and appearance of the Roof Terrace, which approval may be withheld or conditioned at Landlord’s sole discretion, (c) the Roof Terrace is in compliance with all applicable laws, codes and ordinances and Tenant has obtained all governmental permits and approvals required in connection therewith, (d) the installation, maintenance and removal of the Roof Terrace (including, without limitation, the repair and cleaning on a portion of the roof of the Building upon removal for the general use of the Building’s tenants (including Tenant). Landlord shall open the Roof TerraceTerrace to the Building’s tenants on or before February 1, 2015, subject to Unavoidable Delay. Subject to the provisions of this Subsection I, once the Roof Terrace is constructed and open for tenants’ use, Tenant and its employees shall have the non-exclusive right to use the Roof Terrace between the hours of 8:00 a.m. and midnight, seven (7) is performed at days per week, provided that any parties, events or other gatherings on the Roof Terrace shall require Landlord’s prior approval. Notwithstanding the foregoing, Tenant acknowledges that Landlord shall not be required to provide maintenance or security services to the Roof Terrace outside of Ordinary Building Hours. Tenant further acknowledges that Landlord shall have no liability to Tenant or any Tenant Party as a result of any accident, injury or damage arising from or relating to Tenant’s expense in accordance with the terms and conditions governing alterations pursuant to Section 5.2 of the Lease and Landlordor any Tenant Party’s reasonable regulations. If Landlord has approved same, Landlord agrees to cooperate with Tenant for the construction and permitting use of the Roof Terrace. Landlord shall have the right to prescribe reasonable rules and regulations for Tenant’s Any use of the Roof Terrace from time to timemust be in accordance with any rules, regulations and security procedures that Landlord may adopt in connection therewith. Such rules shall in any event include, without limitation, that no cooking of any sort shall No smoking will be permitted on the Roof Terrace, that no one shall lean over . Landlord reserves the edge right to restrict the use of the Roof Terrace at any time, that nothing shall be hung on or displayed from during the Roof Terrace railings, that no one shall throw, sweep, shovel or otherwise dispose of anything over the edge of the Roof Terracewinter and in inclement weather, and that all items placed in to discontinue the Roof Terrace shall be secured such that the same cannot be blown off common use of the Roof Terrace by high winds. If the tenants if Landlord notifies Tenant in writing that a violation of is prohibited by applicable Legal Requirements from maintaining the Roof Terrace rules and regulations has occurredfor the common use of the Building’s tenants. Landlord shall also have the right to close the Roof Terrace for the general use of the Building’s tenants on a temporary basis (e.g., and thereafter for a particular evening) after Ordinary Building Hours, in each case upon at least two (2) business days’ posted notice to the same or a similar violation occurs beyond applicable notice and cure periodstenants of the Building, in order for Landlord to host private events and/or to allow tenants of the Building (including Tenant) to do so. Landlord agrees that Tenant shall have the right to revoke Tenant’s right to exclusively use the Roof TerraceTerrace after Ordinary Building Hours once per Roof Season (as hereinafter defined), with no fee (but otherwise in accordance with Landlord’s rules and regulations) (the “Annual Roof Exclusive”), provided that Tenant requests the date for its Annual Roof Exclusive by April 15th of the applicable year, TIME OF THE ESSENCE. If In the event that Tenant constructs does not submit a date to Landlord for its Annual Roof Exclusive by April 15th of the applicable year, Tenant shall lose its right to the Annual Roof Exclusive for such year. As used herein, the term “Roof Season” shall mean the period between June 1st and September 30th, during each calendar year during the Term. Tenant acknowledges that reservations of the Roof Terrace will be taken by Landlord on a first-come, first-served basis. In the event that Tenant wishes to serve liquor on the Roof Terrace to Tenant’s guests or employees (or to any other party), which service shall be free of charge, Tenant shall be required to obtain host liquor liability insurance that is reasonably acceptable to Landlord, naming Landlord and the Landlord Indemnitees as additional insureds, and provide evidence of such insurance to Landlord. Notwithstanding the foregoing, Landlord may restrict Tenant’s ability to serve alcohol on the Roof Terrace if the same is resulting in damage to the Building or noise complaints, or is otherwise impacting other tenants’ use or enjoyment of their premises or the Roof Terrace, Tenant shallor is, at Tenantin Landlord’s cost and expensereasonable discretion, be responsible for (i) cleaning, repairing and maintaining increasing Landlord’s costs in connection with the Roof Terrace throughout the Term of the Lease and (ii) for performing any maintenance, repairs, or replacement to the Building made necessary or advisable by reason of the presence thereon maintenance of the Roof Terrace or the installation of sameTerrace.

Roof Terrace. Tenant shall have the rightSubject to applicable Laws, at Landlord hereby consents to Tenant’s sole cost and expense, to construct construction of a roof terrace on the north portion of the roof above the 17th floor of the Building including an access corridor along the west side of the roof leading from the emergency egress stairway to the terrace, all in the areas shown on Exhibit A-3 attached hereto (collectively, the “Roof Terrace”). Tenant shall have the non-exclusive right to use the emergency egress stairs in the Building (the “Emergency Egress Stairs”) for the purpose of access between the 17th floor of the Premises and the Roof Terrace, provided that (a) no Default of Tenant has occurred such use shall be permitted by, and remains uncured hereunderat all times be in accordance with, all applicable Laws; (b) Landlord approves in writing the location, size and appearance of the Roof Terrace, which approval may be withheld or conditioned at Tenant shall comply with Landlord’s sole discretion, reasonable rules and regulations adopted from time to time with respect thereto; and (c) Tenant shall, at its sole cost and expense, and in a manner reasonably satisfactory to Landlord and in compliance with applicable Laws, coordinate Tenant’s security system with the Building life safety systems and the Building’s key card access system installed on all doors between the Emergency Egress Stairs and the 17th floor of the Premises. Subject to applicable Laws, with Xxxxxxxx’s prior consent, which consent may be granted or withheld in Landlord’s reasonable discretion, Tenant shall have the right to make Cosmetic Changes to the portions of the Emergency Egress Stairs serving the Roof Terrace is in compliance with all applicable laws, codes and ordinances and Tenant has obtained all governmental permits and approvals required in connection therewith, (d) as well as to the installation, maintenance and removal access corridor located along the east side of the roof. Tenant’s construction of the Roof Terrace shall be subject to the requirements for any Alterations made by Tenant set forth in this Lease (including, without limitation, Section 9.2); provided, however, that notwithstanding anything contained in this Lease to the contrary, Tenant shall use Skanska USA Building, Inc. as the contractor for the Roof Terrace and any cosmetic changes to the Emergency Egress Stairs and/or access corridors. The Roof Terrace shall be constructed in accordance with plans and specifications approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed; provided it shall not be unreasonable for Landlord to withhold its approval of any plans and specifications for the Roof Terrace which Landlord determines in its sole and absolute discretion are inconsistent with the architectural character of the Building or are not compatible with the first-class appearance, quality and operation of the Building. The Roof Terrace will be available for the exclusive use of Tenant and Tenant’s employees and invitees, except in the event of emergency requiring such access to be restricted or limited. Landlord shall be responsible for the repair and cleaning maintenance of the roof Roof Terrace as provided in Section 8.2, the cost of which shall be reimbursed to Landlord by Tenant and shall not be part of Operating Charges (except to the extent such costs are attributable to Landlord’s obligations under this Lease with respect to the repair and maintenance of the Building upon removal Structure and Systems), provided that Tenant shall be responsible for the maintenance, repair and replacement of any furnishings, equipment or other personally placed on the Roof Terrace) is performed at Terrace by Tenant’s expense , its Agents and vendors, or its employees. Except in accordance with the terms and conditions governing alterations pursuant to Section 5.2 event of the Lease and Landlord’s reasonable regulations. If Landlord has approved samean emergency, Landlord agrees shall give Tenant at least twenty four (24) hours’ advance notice (which may be made by telephone or email) prior to cooperate with Tenant for the construction Landlord making any such repair and permitting maintenance of the Roof Terrace. Landlord Tenant shall be responsible for obtaining and maintaining any and all licenses, permits, consents or approvals that may be required by applicable Laws in connection with Tenant’s use of Roof Terrace. Tenant may use the Roof Terrace for outdoor seating, social events and other uses ancillary to Tenant’s use of the Premises, including the service of food and beverages, and shall have the right to prescribe reasonable rules install tables, chairs and regulations other furniture to facilitate outdoor seating and use of the Roof Terrace. The Roof Terrace is a non-smoking area. Tenant shall use the Roof Terrace and Emergency Egress Stairs at its own risk and Landlord shall not be liable to Tenant or any of its invitees for injuries received while using the Roof Terrace, Emergency Egress Stairs, access corridors and adjacent areas except if same are due to the gross negligence or willful misconduct of Landlord and/or Landlord’s Representatives. All of the provisions of this Lease shall apply to the installation, use and maintenance of the Roof Terrace, including all provisions relating to compliance with Law, insurance, and indemnity, except that the Roof Terrace is not included in the Premises for the purposes of calculating Tenant’s Proportionate Share and Tenant shall not be required to pay any Base Rent to Landlord in connection with Tenant’s use of the Roof Terrace from time or the Emergency Egress Stairs. Tenant shall not be required to time. Such rules shall in any event include, without limitation, that no cooking of any sort shall be permitted on remove the Roof Terrace, that no one shall lean over the edge of Alterations comprising the Roof Terrace at any timethe expiration or earlier termination of the Term, that nothing shall be hung on or displayed from except as specified by Landlord at this time the Alterations comprising the Roof Terrace railings, that no one shall throw, sweep, shovel or otherwise dispose of anything over the edge of the Roof Terrace, and that all items placed in the Roof Terrace shall be secured such that the same cannot be blown off the Roof Terrace are approved by high winds. If Landlord notifies Tenant in writing that a violation of the Roof Terrace rules and regulations has occurred, and thereafter the same or a similar violation occurs beyond applicable notice and cure periods, Landlord shall have the right to revoke Tenant’s right to use the Roof Terrace. If Tenant constructs the Roof Terrace, Tenant shall, at Tenant’s cost and expense, be responsible for (i) cleaning, repairing and maintaining the Roof Terrace throughout the Term of the Lease and (ii) for performing any maintenance, repairs, or replacement to the Building made necessary or advisable by reason of the presence thereon of the Roof Terrace or the installation of sameLandlord.

Roof Terrace. Tenant Landlord shall have install a terrace (the right, at Tenant’s sole cost and expense, to construct a roof terrace on the roof of the Building (“Roof Terrace”)) as generally depicted on Exhibit 7 attached hereto, provided that (a) no Default of Tenant has occurred and remains uncured hereunder, (b) Landlord approves in writing the location, size and appearance of the Roof Terrace, which approval may be withheld or conditioned at Landlord’s sole discretion, (c) the Roof Terrace is in compliance with all applicable laws, codes and ordinances and Tenant has obtained all governmental permits and approvals required in connection therewith, (d) the installation, maintenance and removal of the Roof Terrace (including, without limitation, the repair and cleaning on a portion of the roof of the Building upon removal for the general use of the Building’s tenants (including Tenant). Landlord shall open the Roof TerraceTerrace to the Building’s tenants on or before February 1, 2015, subject to Unavoidable Delay. Subject to the provisions of this Subsection I, once the Roof Terrace is constructed and open for tenants’ use, Tenant and its employees shall have the non-exclusive right to use the Roof Terrace between the hours of 8:00 a.m. and midnight, seven (7) is performed at days per week, provided that any parties, events or other gatherings on the Roof Terrace shall require Landlord’s prior approval. Notwithstanding the foregoing, Tenant acknowledges that Landlord shall not be required to provide maintenance or security services to the Roof Terrace outside of Ordinary Building Hours. Tenant further acknowledges that Landlord shall have no liability to Tenant or any Tenant Party as a result of any accident, injury or damage arising from or relating to Tenant’s expense in accordance with the terms and conditions governing alterations pursuant to Section 5.2 of the Lease and Landlordor any Tenant Party’s reasonable regulations. If Landlord has approved same, Landlord agrees to cooperate with Tenant for the construction and permitting use of the Roof Terrace. Landlord shall have the right to prescribe reasonable rules and regulations for Tenant’s Any use of the Roof Terrace from time to timemust be in accordance with any rules, regulations and security procedures that Landlord may adopt in connection therewith. Such rules shall in any event include, without limitation, that no cooking of any sort shall No smoking will be permitted on the Roof Terrace, that no one shall lean over . Landlord reserves the edge right to restrict the use of the Roof Terrace at any time, that nothing shall be hung on or displayed from during the Roof Terrace railings, that no one shall throw, sweep, shovel or otherwise dispose of anything over the edge of the Roof Terracewinter and in inclement weather, and that all items placed in to discontinue the Roof Terrace shall be secured such that the same cannot be blown off common use of the Roof Terrace by high winds. If the tenants if Landlord notifies Tenant in writing that a violation of is prohibited by applicable Legal Requirements from maintaining the Roof Terrace rules and regulations has occurredfor the common use of the Building’s tenants. Landlord shall also have the right to close the Roof Terrace for the general use of the Building’s tenants on a temporary basis (e.g., and thereafter for a particular evening) after Ordinary Building Hours, in each case upon at least two (2) business days’ posted notice to the same or a similar violation occurs beyond applicable notice and cure periodstenants of the Building, in order for Landlord to host private events and/or to allow tenants of the Building (including Tenant) to do so. Landlord agrees that Tenant shall have the right to revoke exclusively use the Roof Terrace after Ordinary Building Hours once per Roof Season (as hereinafter defined), with no fee (but otherwise in accordance with Landlord’s rules and regulations) (the “Annual Roof Exclusive”), provided that Tenant requests the date for its Annual Roof Exclusive by April 15th of the applicable year, TIME OF THE ESSENCE. In the event that Tenant does not submit a date to Landlord for its Annual Roof Exclusive by April 15th of the applicable year, Tenant shall lose its right to the Annual Roof Exclusive for such year. As used herein, the term “Roof Season” shall mean the period between June 1st and September 30th, during each calendar year during the Term. Tenant acknowledges that reservations of the Roof Terrace will be taken by Landlord on a first-come, first-served basis. In the event that Tenant wishes to serve liquor on the Roof Terrace to Tenant’s right guests or employees (or to any other party), which service shall be free of charge, Tenant shall be required to obtain host liquor liability insurance that is reasonably acceptable to Landlord, naming Landlord and the Landlord Indemnitees as additional insureds, and provide evidence of such insurance to Landlord. Notwithstanding the foregoing, Landlord may restrict Tenant’s ability to serve alcohol on the Roof Terrace if the same is resulting in damage to the Building or noise complaints, or is otherwise impacting other tenants’ use or enjoyment of their premises or the Roof Terrace, or is, in Landlord’s reasonable discretion, increasing Landlord’s costs in connection with the maintenance of the Roof Terrace. If Tenant constructs the Roof TerraceConfidential Treatment Requested by Compass, Tenant shall, at Tenant’s cost and expense, be responsible for (i) cleaning, repairing and maintaining the Roof Terrace throughout the Term of the Lease and (ii) for performing any maintenance, repairs, or replacement Inc. Pursuant to the Building made necessary or advisable by reason of the presence thereon of the Roof Terrace or the installation of same.17 C.F.R. Section 200.83