Common use of ROOF TOP EQUIPMENT Clause in Contracts

ROOF TOP EQUIPMENT. Subject to applicable Requirements and rights of any licensees, Landlord, and existing tenants, Tenant may, without charge, install and maintain on available space on the roof of the Building, antennas and satellite dishes and associated cabling, equipment and roof mount and base (collectively the “System”) for data communications and video used in the conduct of Tenant’s business. Tenant’s right to install and maintain any such System shall be exclusive, if and so long as Tenant leases the entire Building, but subject to the rights of any licensees that exist during such period and provided further that Tenant shall coordinate with Landlord regarding any rooftop uses required by Landlord for the continuing operation and maintenance of the Building. Prior to any such installation, Tenant shall furnish detailed plans and specifications for the installation to Landlord for approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant’s installation, including of the antenna or satellite dish, any associated electronic or other equipment, wiring, roof mount and base, shall at all times be subject to supervision and reasonable approval by Landlord. Tenant shall be responsible for procuring whatever consents, approvals, licenses or permits that may be required for the use and operation of the System. Provided that such access is coordinated with Landlord and pre-approved, Tenant shall at all times be permitted access to the area on the roof where any such installation may be made as necessary for the installation, maintenance, repair and replacement thereof. Tenant shall at all times, and at Tenant’s sole expense, be responsible for proper maintenance of any such installation and all governmental permits and approvals required in connection therewith (including compliance with any and all conditions attached thereto). Any such installation shall be deemed to be part of the Premises for purposes of Tenant’s insurance and indemnification obligations hereunder. Tenant may at any time, and shall at expiration or earlier termination of the Term, remove the System, restore the Building to the condition existing prior to Tenant’s installation to the extent reasonably practicable, and repair any damage caused by Tenant’s installation or removal.

ROOF TOP EQUIPMENT. Subject Tenant, at its sole cost and expense, shall have the right to applicable Requirements and rights of any licenseesinstall, Landlordmaintain, and existing tenants, Tenant may, without charge, install and maintain on available space from time to time replace one or more satellites dishes or other equipment (the “Roof Top Equipment”) on the roof of the Building, antennas and satellite dishes and associated cabling, equipment and roof mount and base (collectively the “System”) for data communications and video used in the conduct of Tenant’s business. Tenant’s right provided that prior to install and maintain commencing any such System shall be exclusive, if and so long as Tenant leases the entire Building, but subject to the rights of any licensees that exist during such period and provided further that Tenant shall coordinate with Landlord regarding any rooftop uses required by Landlord for the continuing operation and maintenance of the Building. Prior to any such installationinstallation or maintenance, Tenant shall furnish detailed plans (i) obtain Landlord’s prior approval of the proposed size, weight and specifications location of the Roof Top Equipment and method for fastening all such equipment to the installation to Landlord for approvalroof, which approval shall not be unreasonably withheldwithheld (ii) such installation and/or replacement shall comply strictly with all Laws and the conditions of any bond or warranty maintained by Landlord on the roof, conditioned or delayed. and (iii) obtain, at Tenant’s sole cost and expense, any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to Landlord. Landlord may supervise or perform any roof penetration related to the installation of all Roof Top Equipment, and Landlord may charge the cost thereof to Tenant. Tenant agrees that all installation, including construction and maintenance shall be performed in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements as shall be imposed by Landlord. Tenant further agrees to label each cable or wire placed by Tenant in the telecommunications pathways of the antenna or satellite dishBuilding, any associated electronic or other equipment, wiring, roof mount and base, shall at all times be subject to supervision and reasonable approval with identification information as reasonably required by Landlord. Tenant shall be responsible for procuring whatever consents, approvals, licenses or permits that may be required for the use and operation of the System. Provided that such access is coordinated with Landlord and pre-approved, Tenant shall at all times be permitted access repair any damage to the area on the roof where any such installation may be made as necessary for the Building caused by Tenant’s installation, maintenance, repair replacement, use or removal of the Roof Top Equipment. The Roof Top Equipment shall remain the property of Tenant, and replacement Tenant may remove the Roof Top Equipment at its cost at any time during the Term. Tenant shall remove the Roof Top Equipment at Tenant’s cost and expense upon the expiration or termination of this Lease. Landlord makes no warranty or representation that the Building or any portions thereof are suitable for the use any Roof Top Equipment, it being assumed that Tenant has satisfied itself thereof. Tenant shall at all timesprotect, defend, indemnify and at Tenanthold harmless Landlord and Landlord’s sole expenseAgents from and against claims, be responsible for proper maintenance damages, liabilities, costs and expenses of any such installation every kind and all governmental permits and approvals required in connection therewith (nature, including compliance with any and all conditions attached thereto). Any such installation shall be deemed to be part of the Premises for purposes reasonable attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s insurance and indemnification obligations hereunder. Tenant may at any timeinstallation, and shall at expiration maintenance, replacement, use or earlier termination removal of the Term, remove the System, restore the Building to the condition existing prior to Tenant’s installation to the extent reasonably practicable, and repair any damage caused by Tenant’s installation or removalRoof Top Equipment.

ROOF TOP EQUIPMENT. Subject Tenant shall have the nonexclusive right to applicable Requirements and rights use a portion of any licensees, Landlord, and existing tenants, Tenant may, without charge, install and maintain on the roof of the Building (such portion to be no greater than Tenant’s Share of the available space on the roof for tenant operated equipment) to install, maintain, repair, and replace satellite dishes or antenna and related equipment (the “Antenna”) at Tenant’s sole cost and expense. Tenant may also install, maintain, remove and replace cables or lines within the Building outside the Premises (at locations designated by Landlord) to connect any Antenna to the Premises. Tenant may use the Antenna only for Tenant’s general business purposes and may not grant any other party any right to use the Antenna for any purpose whatsoever. The Antenna may not be used for providing cellular phone service or commercial broadcasts. The Antenna may not interfere with the operation of any equipment used by Landlord or its service providers, or any equipment used by other occupants of the Building, antennas and satellite dishes and associated cabling, equipment and roof mount and base (collectively Building that is in place prior to the “System”) for data communications and video used in placement of the conduct of Tenant’s businessAntenna. If any interference occurs Landlord may immediately revoke Tenant’s right to install use the Antenna determined to be causing such interference. The design, appearance, size, location and maintain any such System method of installation of the Antenna, and the use thereof shall be exclusive, if and so long as Tenant leases the entire Building, but subject to the rights of any licensees that exist during such period all applicable Laws and provided further that Tenant shall coordinate with Landlord regarding any rooftop uses required by Landlord for the continuing operation and maintenance of the Building. Prior to any such installation, Tenant shall furnish detailed plans and specifications for the installation to Landlord for Landlord’s prior approval, which approval shall not be unreasonably withheldwithheld or conditioned provided that all terms and conditions of this Section have been satisfied. Tenant shall ensure that installation and maintenance of the Antenna do not void or limit any warranty Landlord may have on the roof or roof membrane. Tenant shall provide Landlord with full plans and specifications for any Antenna for Landlord’s approval prior to installation thereof including details regarding Tenant’s proposed method of installation. Tenant shall ensure that the Antenna is designed, conditioned installed and operated in a manner that complies with all Laws and in a manner that is compatible with the design of the Building and other equipment located on the roof of the Building and including appropriate screening as may be required by Law or delayedby Landlord to protect the integrity of the Building design. Prior to commencement of any work under this Section, Tenant shall obtain and deliver to Landlord all necessary governmental permits. Landlord makes no representation or warranty concerning (i) the use of the roof by Tenant, or (ii) the safety thereof, or (iii) that the installation of the Antenna will be permitted under applicable Laws, or (iv) that such use or Antenna will function as intended. If Tenant’s use of the roof or the Antenna ceases to be permitted under applicable Laws, Tenant’s rights under this Section shall terminate and be of no further force or effect. Upon termination of Tenant’s rights under this Section or upon Lease termination, Tenant at its sole cost and expense shall promptly remove the Antenna and all related improvements, wiring, plumbing, and equipment from the Building and shall restore the Building to its condition existing prior to such installation. Tenant acknowledges and agrees that Landlord has not represented or warranted that Tenant will have unlimited access to riser space or other space outside the Premises to accommodate Tenant’s needs. Tenant shall indemnify and hold harmless Landlord from any claims, liabilities, suits, losses, loss of rents, liens, damages, penalties, costs or expenses, including reasonable attorneys’ and consultants’ fees and court costs, demands, causes of action, or judgments, directly or indirectly relating to or arising out of or in connection with any use by Tenant of the roof and in connection with Tenant’s installation, maintenance, use or removal of any improvement, including any Antenna and related equipment in the Building, except to the extent arising from the gross negligence or willful misconduct of the antenna or satellite dish, any associated electronic or other equipment, wiring, roof mount and base, shall at all times be subject to supervision and reasonable approval by Landlord. Tenant shall be responsible for procuring whatever consents, approvals, licenses or permits that may be required for If Landlord needs to do any work on the use and operation of the System. Provided that such access is coordinated with Landlord and pre-approvedroof, Tenant shall at all times be permitted access to the area on the roof where any such installation may be made relocate its Antenna as necessary for the installation, maintenance, repair and replacement thereof. Tenant shall at all times, and directed by Landlord at Tenant’s sole expense, be responsible for proper maintenance of any such installation and all governmental permits and approvals required in connection therewith (including compliance with any and all conditions attached thereto). Any such installation shall be deemed to be part of the Premises for purposes of Tenant’s insurance and indemnification obligations hereunder. Tenant may at any time, and shall at expiration or earlier termination of the Term, remove the System, restore the Building to the condition existing prior to Tenant’s installation to the extent reasonably practicable, and repair any damage caused by Tenant’s installation or removalcost.

ROOF TOP EQUIPMENT. Subject to applicable Requirements and rights of any licensees, Landlord, and existing tenantsspace availability, Tenant may, without charge, install and maintain on shall have the nonexclusive right to use a portion of the roof of the Building (such portion to be no greater than Tenant’s Proportionate Share of the available space on the roof for tenant-operated equipment) to install, maintain, repair, and replace satellite dishes or antenna and related equipment (the “Antenna”) at Tenant’s sole cost and expense. The Antenna shall be installed in a location designated by Landlord. Tenant may also install, maintain, remove and replace cables or lines within the Building outside the Premises (at locations designated by Landlord) to connect any Antenna to the Premises. Tenant may use the Antenna only for Tenant’s general business purposes and may not grant any other party any right to use the Antenna for any purpose whatsoever. The Antenna may not be used for providing cellular phone service or commercial broadcasts. The Antenna may not interfere with the operation of any equipment used by Landlord or its service providers, or any equipment used by other occupants of the Building, antennas and satellite dishes and associated cabling, equipment and roof mount and base (collectively Building that is in place prior to the “System”) for data communications and video used in placement of the conduct of Tenant’s businessAntenna. If any interference occurs Landlord may immediately revoke Tenant’s right to install use the Antenna determined to be causing such interference unless and maintain any until Tenant causes the cessation of such System interference. The design, appearance, size, location and method of installation of the Antenna, and the use thereof shall be exclusive, if and so long as Tenant leases the entire Building, but subject to the rights of any licensees that exist during such period all applicable Laws and provided further that Tenant shall coordinate with Landlord regarding any rooftop uses required by Landlord for the continuing operation and maintenance of the Building. Prior to any such installation, Tenant shall furnish detailed plans and specifications for the installation to Landlord for Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant’s installation, including delayed provided that all terms and conditions of the antenna or satellite dish, any associated electronic or other equipment, wiring, roof mount and base, shall at all times be subject to supervision and reasonable approval by Landlordthis Section have been satisfied. Tenant shall be responsible ensure that installation and maintenance of the Antenna do not void or limit any warranty Landlord may have on the roof or roof membrane. Tenant shall provide Landlord with full plans and specifications for procuring whatever consentsany Antenna for Landlord’s approval prior to installation thereof including details regarding Tenant’s proposed method of installation. Tenant shall ensure that the Antenna is designed, approvals, licenses or permits installed and operated in a manner that complies with all Laws and in a manner that is compatible with the design of the Building and other equipment located on the roof of the Building and including appropriate screening as may be required for by Law or by Landlord to protect the use and operation integrity of the SystemBuilding design. Provided that such access is coordinated with Landlord and pre-approvedPrior to commencement of any work under this Section, Tenant shall at obtain and deliver to Landlord all times necessary governmental permits. Landlord makes no representation or warranty concerning (i) the use of the roof by Tenant, or (ii) the safety thereof, or (iii) that the installation of the Antenna will be permitted access to the area on the roof where any such installation may be made as necessary for the installationunder applicable Laws, maintenance, repair and replacement thereof. Tenant shall at all times, and at Tenant’s sole expense, be responsible for proper maintenance of any such installation and all governmental permits and approvals required in connection therewith (including compliance with any and all conditions attached thereto). Any such installation shall be deemed to be part of the Premises for purposes of Tenant’s insurance and indemnification obligations hereunder. Tenant may at any time, and shall at expiration or earlier termination of the Term, remove the System, restore the Building to the condition existing prior to Tenant’s installation to the extent reasonably practicable, and repair any damage caused by Tenant’s installation or removal.or

ROOF TOP EQUIPMENT. Subject (a) During the initial Term and any extension thereof, Tenant shall have the right to applicable Requirements and rights install upon the roof of any licensees, Landlordthe Building (in accordance with Article 4 of this Lease), and existing tenants, Tenant may, without charge, install operate and maintain on available a dish/antenna or other communication and/or data transmission equipment (the “Roof Equipment”), subject to Landlord’s prior written approval. The location of the space on the roof of the Building, antennas and satellite dishes and associated cabling, equipment and roof mount and base (collectively the “System”) reasonably designated by Landlord for data communications and video used in the conduct installation of Tenant’s businessRoof Equipment is referred to herein as the “Roof Space”. Landlord reserves the right to reasonably relocate the Roof Space as reasonably necessary during the Term, provided such relocation does not disrupt the use of Tenant’s Roof Equipment. Landlord’s designation shall take into account Tenant’s use of the Roof Equipment. Notwithstanding the foregoing, Tenant’s right to install and maintain any such System the Roof Equipment shall be exclusive, if and so long as Tenant leases the entire Building, but subject to the reasonable approval rights of Landlord and Landlord’s architect and/or engineer with respect to the plans and specifications of the Roof Equipment, the size of the Roof Equipment, the manner in which the Roof Equipment is attached to the roof of the Building and the manner in which any licensees that exist during such period cables are run to and provided further that from the Roof Equipment. The precise specifications and a general description of the Roof Equipment, or any replacements thereof, along with all documents Landlord reasonably requires to review the installation of the Roof Equipment (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 Roof Equipment. Tenant (with Landlord’s reasonable cooperation) shall be solely responsible for obtaining and maintaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Roof Equipment. Tenant shall coordinate with notify Landlord regarding any rooftop uses required by Landlord for the continuing operation and maintenance upon completion of the Buildinginstallation of the Roof Equipment. Prior If Landlord reasonably determines that the Roof Equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Roof Equipment or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If Tenant fails to any such installationimmediately and reasonably cure the defects after written notice from Landlord, Tenant shall furnish detailed plans and specifications for the installation pay to Landlord for approvalupon written demand (accompanied by reasonably detailed and itemized statement) the cost, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant’s installation, including of the antenna or satellite dish, any associated electronic or other equipment, wiring, roof mount and base, shall at all times be subject to supervision and reasonable approval as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. Tenant shall be responsible for procuring whatever consentsIf at any time Landlord, approvalsin its sole discretion, licenses or permits that may be required for the use and operation of the System. Provided that such access is coordinated with Landlord and pre-approveddeems it necessary, Tenant shall at all times be permitted access to the area on the roof where any such installation may be made as necessary for the installationprovide and install, maintenance, repair and replacement thereof. Tenant shall at all times, and at Tenant’s sole cost and expense, be responsible appropriate aesthetic screening, reasonably satisfactory to Landlord, for proper maintenance of any such installation and all governmental permits and approvals required in connection therewith the Roof Equipment (including compliance with any and all conditions attached theretothe “Aesthetic Screening”). Any such installation shall be deemed to be part of the Premises for purposes of Tenant’s insurance and indemnification obligations hereunder. Tenant may at any time, and shall at expiration or earlier termination of the Term, remove the System, restore the Building to the condition existing prior to Tenant’s installation to the extent reasonably practicable, and repair any damage caused by Tenant’s installation or removal.