Rooftop. If Tenant desires to use the rooftop of the Project for any purpose, including the installation of communication equipment to be used from the Premises, such rights will be granted in Landlord’s sole discretion and Tenant must negotiate the terms of any rooftop access with Landlord or the rooftop management company or lessee holding rights to the rooftop from time to time. Any rooftop access granted to Tenant will be at prevailing rates and will be governed by the terms of a separate written agreement or an amendment to this Lease.
Rooftop. COMMUNICATIONS EQUIPMENT
Rooftop. Tenant shall have the non-exclusive right to place communications equipment such as an antenna, dish or other device on the roof of the Buildings on the following terms and conditions: (a) Landlord shall have the right to approve Tenant’s plans for any such installation in Landlord’s reasonable discretion, (b) such installation shall not void any warranty relating to the roofs of the Buildings, or if required by the warranty, Tenant shall use the roof contractor required by the warranty for such installation and (c) at the end of the Term of this Lease, Tenant shall remove Tenant’s communications equipment and repair any damage to the roofs of the Buildings caused by such removal. Tenant shall have the right to use the roofs of the Buildings, subject to applicable local laws (if any) and subject to Landlord’s prior approval of Tenant’s plans for any such use, such approval not to be unreasonably withheld, delayed or conditioned, which approval may include a screening plan to be paid for by Tenant. Landlord shall not grant any other party the right to use the rooftop for telecommunications equipment other than tenants of the Buildings. Landlord agrees that the use of the roof by Landlord and any of the other tenants of the relevant Building will be limited to communications equipment and such equipment shall not interfere with the Premises, with Tenant’s use of the roof, or with visibility of Tenant’s signage. Tenant shall be solely responsible for and agrees to promptly make any repairs or replacements to the roof necessitated by any use of the roof by Tenant or Tenant’s agents, contractors, employees or invitees pursuant to this Section 4.3. In no event shall any tenant or any other party be permitted to place signage on either Building’s rooftop.
Rooftop. Subject to the following and the rest of this Article and this Lease, Tenant may maintain its existing telecommunications equipment on the roof of the Building (or replace with equivalent equipment), provided that in all cases the equipment and associated installations are fully screened in a manner reasonably satisfactory to Landlord and in keeping with the rest of the Building. Tenant will be responsible for all Liabilities in connection with this equipment and associated installations, including, without limitation, installation, removal, operation, repair, maintenance, insurance, taxes and other costs and fees. Tenant also will be solely responsible for securing all federal, state and local permits in connection with the installation and operation of this equipment. For these and any other installations undertaken by or for Tenant on the roof, or any other penetrations of the roof or the roof membrane by or for Tenant, Tenant will secure from the membrane roofing manufacturer certification that the installations or penetrations are compatible with all design requirements and will not void the existing roof warranty. This certification must be delivered to Landlord before installation begins. Tenant also will use only a manufacturer-authorized roofing contractor for any work that requires the penetration of the roof or the membrane roofing system. Upon the expiration or earlier termination of this Lease, Tenant, at its expense, will remove this equipment and associated installations and repair all damage to the roof caused thereby or otherwise caused by Tenant or its Affiliates. Notwithstanding anything to the contrary, Landlord will have no Liabilities in connection with this equipment and associated installations and/or any penetrations of the roof by or for Tenant, and Tenant will indemnify Landlord for and hold it free and harmless from all Liabilities arising out of or in connection therewith.
Rooftop. To install antennae, satellite dishes and other communications devices on the rooftop of the Building for its own benefit or for the benefit of third party licensees of Tenant subject only to compliance with applicable laws. In connection therewith, Tenant shall have the exclusive right during the Term to grant licenses to third parties respecting the provision of telecommunications services at the Premises and the installation of telecommunications equipment within the Premises to serve the occupants of the Premises and any third parties acceptable to Tenant; provided, however, that all of such license agreements shall provide that they are terminable by Landlord upon sixty (60) days notice at any time following the end of the Term or sooner termination of this Lease. Tenant shall be responsible for the maintenance, repair and removal of any such items.
Rooftop. If Tenant desires to use the roof of the Project to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at the time of Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Project for such equipment, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain a reasonable number of so-called “satellite dishes” or other similar devices, such as antennae (collectively, “Communication Equipment”) no greater than one (1) meter in diameter for each such piece of equipment, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at a location on the roof of the Project designated by Landlord. Landlord shall have the right to require Tenant to relocate the Communication Equipment at any time to another location on the roof of the Project reasonably approved by Tenant. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s roof warranty. Tenant’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
Rooftop. Lessee has been informed that the rooftop which is accessible from the fourth (4th) floor penthouse, has not been built for, and does not have the necessary permits for use as, a patio or useable area of any kind. Lessee shall not use the rooftop or any adjacent exterior portion of the Building for any purpose unless Lessee first (i) obtains Lessor's prior written approval; (ii) installs a deck to protect the roof, and installs walls or barriers for safety and other necessary improvements, at Lessee's sole cost; (iii) obtains all required permits and governmental approvals; and (iv) complies with all other Lease terms relating to such construction. Lessor has made no representations that the roof area may be used or is legally permitted to be used for any purpose. Lessor shall have no liability or responsibility (and Lessee hereby releases Lessor from all costs, damages, liabilities and expenses) relating to any use of the roof area by Lessee.
Rooftop. At no additional cost to Lessee, Lessor agrees to lease to Lessee the rooftop of the building for the installation, operation and maintenance of radio transmitting and receiving equipment, microwave, satellite or antennae communication system devices along with other electronic equipment associated with such installations, and will allow access and any alterations needed to install and run such equipment. Any such rooftop work on behalf of Lessee shall be performed by a licensed contractor. Prior to commencing any such work on the rooftop, Lessee shall submit work plans with respect to such work to Lessor for its prior approval, provided if Lessor fails to approve or disapprove such plans within 15 days after receipt thereof, such plans shall be deemed approved. Lessee shall be responsible for all roof repairs made necessary by such equipment installations and operation by Lessee. Lessee agrees to remove all installed equipment upon vacancy of premises and to restore the rooftop to its condition at the commencement date of the Lease, ordinary wear and tear and damage by casualty excepted.
Rooftop. Tenant shall have the right to install equipment including, without limitation, cable, wiring, rooftop antennae, and other equipment associated with Tenant's use of the Premises on the roof of the Building (the "Rooftop Equipment") and in the pathways, shafts, risers, raceways, telephone closets, service areas and utility connections and entries into and through the Building to serve Tenant's needs within the Building. Any such installation shall be performed at Tenant's sole cost and expense, pursuant to the terms and conditions of Article 8 of this Lease, and in compliance with all applicable laws, ordinances, regulations and requirements. Tenant shall keep all such Rooftop Equipment in good order, condition and repair, at Tenant's sole cost and expense. Tenant's installation of the Rooftop Equipment shall be done in such a manner as not to void any existing roof warranty in place at the Building (and Tenant shall indemnify and hold Landlord harmless in the event any such warranty is voided as a result of the installation of any Rooftop Equipment by Tenant for any costs and losses incurred by Landlord to the extent such costs or losses are attributable to the voiding of such warranty). Tenant shall, at Tenant's sole cost and expense, be responsible to repair any damage to the Building, including the roof and roof membrane, caused by the installation of any Rooftop Equipment. At the expiration or earlier termination of this Lease, Tenant shall remove any Rooftop Equipment installed by or on behalf of Tenant and repair any damage to the roof or roof membrane caused by the installation or removal of the Rooftop Equipment by Tenant.
