Common use of Rooftop Antenna Clause in Contracts

Rooftop Antenna. Landlord agrees that, subject to availability of space, Tenant may install, at Tenant’s expense and for its own internal business use (and not for the purpose of granting access to others, whether or not for profit), a microwave, satellite or other antenna communications system on the roof of the Building at a location chosen by Landlord. so long as Tenant executes, and complies with all of the terms and conditions of, Landlord’s then standard form of license agreement (which may provide for the reimbursement of costs, but there shall be no additional rent or license fee). Without limiting the generality of the foregoing, the installation, size and location of such system must comply with all governmental requirements (local, state and federal). Prior to installation of such system, Tenant shall furnish plans and specifications for such system and its location and installation (which installation shall not involve any penetration of the roof) to Landlord for its approval, which approval shall not be unreasonably withheld or delayed. In addition, prior to installation of such system, Tenant shall obtain all necessary governmental permits and approvals and deliver copies thereof to Landlord. All costs related to such system shall be paid by Tenant, including all costs of installation, screening (if required by Landlord or any governmental entity), maintenance, repair, restoration and removal. If requested by Landlord, Tenant will, at Tenant’s expense, move the system to another location on the roof selected by Landlord and reasonably acceptable to Tenant. Tenant acknowledges that Landlord may also install or grant to others the right to install microwave, satellite or other antenna communications systems on the roof. Upon the expiration or sooner termination of the Term, Tenant shall, at Tenant’s sole cost, remove the antenna and all appurtenances and related equipment, and repair any damage caused by such removal. Tenant shall be responsible for any damage to the roof, or any impairment of any existing roof warranty, resulting from the installation, use, maintenance, operation or removal of the antenna and related equipment. Tenant shall be responsible for any damage to the roof, or any impairment of any existing roof warranty, resulting from the installation, use, maintenance, operation or removal of the antenna and related equipment. Tenant shall also be responsible for all cost and coordination of temporary removal or relocation of Tenant’s equipment to the extent required in connection with roof or Building maintenance or repairs. Tenant shall be responsible for any interference with any existing systems located at the Building caused by Tenant’s equipment.

Rooftop Antenna. Landlord agrees thatSubject to the terms and provisions of this Article, subject so long as no default in the performance of any of the terms, covenants and conditions to availability of spacebe performed or satisfied by Tenant under this Lease has occurred and subsists beyond any applicable cure period expressly set forth in this Lease, Tenant may installmay, after obtaining all necessary approvals of all governmental authorities having jurisdiction thereof and at Tenant’s expense 's sole cost and for its own internal business use (and not for the purpose of granting access to othersexpense, whether or not for profit), install a microwave, satellite or other communications antenna communications system on the roof of the Building at Building, together with cabling and wiring and equipment used in connection with, or related to, such antenna (collectively, any such antenna, cabling, wiring and equipment is herein referred to as the "ANTENNA FACILITIES"), all in a location chosen reasonably approved by Landlord. so long as Tenant executes, and complies with all of the terms and conditions of, Landlord’s then standard form of license agreement (which may provide for the reimbursement of costs, but there shall be no additional rent or license fee). Without limiting the generality of the foregoing, cause the installation, size operation and location removal of such system must Antenna Facilities to comply with all governmental requirements (localapplicable laws, state ordinances, rules and federal)regulations and with all applicable terms and provisions of this Lease. Prior to installation of Any such system, Tenant shall furnish plans and specifications for such system and its location and installation (which installation shall not involve any penetration of the roof) to Landlord for its approval, which approval shall not be unreasonably withheld or delayed. In addition, prior to installation of such system, Tenant shall obtain all necessary governmental permits and approvals and deliver copies thereof to Landlord. All costs related to such system shall be paid by Tenant, including all costs of installation, screening (if required by Landlord or any governmental entity), maintenance, repair, restoration and removal. If requested by Landlord, Tenant will, at Tenant’s expense, move the system to another location Antenna Facilities located on the roof selected must be screened from view by Landlord the parapet of the Building and reasonably acceptable shall be deemed "alterations to Tenantthe Premises" and shall be subject to ARTICLE 8, notwithstanding that portions of such Antenna Facilities will not be located within the Premises. Tenant acknowledges that Landlord may also install On or grant to others the right to install microwave, satellite or other antenna communications systems on the roof. Upon before the expiration of the Term or sooner the earlier termination of the Termthis Lease, Tenant shall, at Tenant’s sole costits expense, remove any Antenna Facilities installed by or on behalf of Tenant and shall repair any resulting damage to the antenna roof or any other portion of the Building through or to which any portion of the Antenna Facilities were installed or affixed. Tenant hereby (i) waives any and all appurtenances claims of any nature whatsoever against Landlord for damage or injury to any person or property, (ii) agrees to indemnify and related equipmenthold harmless Landlord against and from any and all claims, loss, costs and damages, and (iii) agrees to repair any damage caused by such removal. Tenant shall be responsible for any damage to the roofBuilding or other property, arising out of, by reason of or in connection with any impairment of any existing roof warranty, resulting from such Antenna Facilities or the installation, use, maintenance, operation or removal thereof. No portion of the antenna and related equipment. Tenant roof or the roof membrane shall be responsible for any damage to the roof, or any impairment of any existing roof warranty, resulting from the installation, use, maintenance, operation or removal of the antenna and related equipment. Tenant shall also be responsible for all cost and coordination of temporary removal or relocation of Tenant’s equipment to the extent required penetrated in connection with roof the installation or Building maintenance operation of any Antenna Facilities or repairs. Tenant otherwise in connection therewith, notwithstanding anything to the contrary contained herein or depicted on any plans or specifications or other materials submitted to Landlord in connection with such Antenna Facilities (it being acknowledged and agreed that Landlord's consent to any such plans and specifications or other materials shall not be responsible for any interference with any existing systems located at the Building caused by Tenant’s equipmentdeemed to be a consent to such penetration unless Landlord specifically and expressly agrees in writing to such penetration).

Rooftop Antenna. (a) be mutually agreed upon between Landlord agrees thatand Tenant. Landlord shall use commercially reasonable efforts to make available to Tenant such portion of the rooftop of the Building as shall afford satisfactory "lines of sight" required for antennae located on a rooftop and to accommodate Tenant's reasonable requirements. The parties agree that Tenant's use of the rooftop of the Building is a nonexclusive use, subject and Landlord may permit the use of any other portion of the roof to availability any other person, firm or corporation for any use, including the installation of spaceother antennae and support equipment, Landlord agreeing to use commercially reasonable efforts to ensure that all such antennae of all tenants of the Building (including Tenant) do not interfere with or disturb the reception or transmission of communication signals from each tenant's respective antennae. Landlord shall include a similar provision permitting only a nonexclusive use in the lease of each tenant to which Landlord shall grant antenna rights. (b) Tenant may install, at Tenant’s expense and for its own internal business use (and not shall have reasonable access to the rooftop of the Building upon prior reasonable request of Landlord for the purpose of granting installing, servicing or repairing the Antenna and related equipment. In addition, Tenant shall have reasonable access to others, whether or not for profit), a microwave, satellite or other antenna communications system on the roof existing shaft ways of the Building at a location chosen by Landlord. so long as Tenant executesupon prior reasonable request of Landlord for the purpose of installing, servicing or repairing the Antenna and related equipment, which access shall be non-exclusive, and complies Landlord may permit the use of any portion of the existing shaft ways to any other person, firm or corporation for any use, Landlord agreeing to use commercially reasonable efforts to ensure that any such use by all tenants of the Building (including Tenant) does not interfere with or disturb the use by any other tenant or with the use of any tenant's antennae. Landlord represents that, as of the date hereof, to its actual knowledge, there is no asbestos 66 -54- located in the existing shaft ways or rooftop areas available for such antennae. In the event of a breach of the foregoing representation, Landlord, at Landlord's cost and expense, shall remove all asbestos from such areas in accordance with all then applicable legal requirements. (c) Tenant agrees promptly and faithfully to obey, observe and comply with all applicable laws, ordinances, regulations, requirements and rules of all duly constituted public authorities in any manner affecting or relating to Tenant's use of the terms and conditions ofroof or shaft ways, Landlord’s then standard form of license agreement (which may provide for the reimbursement of costs, but there shall be no additional rent or license fee). Without limiting the generality of the foregoing, including with respect to the installation, size repair, maintenance and location operation of any support structures and the Antenna and related equipment erected or installed by Tenant pursuant to the provisions of this Section 9. Tenant shall secure all permits and licenses required for the installation and operation of the Antenna and any support structures and related equipment erected or installed by Tenant pursuant to the provisions of this Section 9, as well as all permits and licenses required for the use and operation of the Antenna, support structures or related equipment, including, without limitation, any approval, license or permit required from the Federal Communications Commission. In no event shall the maximum level of microwave emissions from the Antenna exceed a reasonable amount of the total microwave emissions allowable for the Building as determined by the governmental authorities having jurisdiction thereof taking into account the needs of all tenant's reasonable requirements (including those of Tenant). (d) by separate meter installed by Landlord for Tenant, at Tenant's sole cost and expense, if requested by Tenant and, further, if the same does not exist and if feasible, or, if not by meter, by a survey prepared by an independent electrical engineer or utility consultant selected by Landlord (which Landlord shall have the right to do from time to time) of the electrical energy so required by Tenant for Tenant's use of the Antenna and related equipment so erected or installed by Tenant. In the event of any dispute between Landlord and Tenant of the findings of any such system must comply survey or any other matter relating to the reasonable sum so required to be paid by Tenant for all such electrical service, then the dispute shall be resolved by arbitration under Section 26.02 of the Lease, as modified by this Seventeenth Amendment. (e) Tenant promptly shall repair any and all damage and/or make any replacements, as required, to the rooftop of the Building and to any other part of the Building, including the shaft ways, caused by or resulting from the installation, maintenance and repair, operation or removal of the Antenna, support structures and related equipment erected or installed by Tenant pursuant to the provisions of this Section 9. (f) Tenant agrees that Landlord shall not be required to provide any services whatsoever, except electricity, to the rooftop or the shaft ways of the Building; provided, however, that the foregoing shall not impair, abrogate or otherwise diminish Landlord's other obligations as are expressly set forth elsewhere in the Lease, as modified by this Seventeenth Amendment. (g) Landlord nor Landlord's agents or employees shall be liable for any damage or injury thereto caused in any manner (other than if caused by the willful misconduct or the negligent act or omission of Landlord or Landlord's agents or employees). Tenant further covenants and agrees that the Antenna, support structures and any related equipment erected or installed by Tenant pursuant to the provisions of this Section 9 shall be erected, installed, repaired, maintained and operated by Tenant at the sole cost and expense of Tenant and without charge, cost or expense to Landlord. (h) Tenant shall, and does hereby, indemnify and save harmless Landlord from and against: (i) any and all claims, actions, causes of action, demands, damages, costs, expenses (including, without limitation, reasonable attorneys' fees and expenses) and losses by reason of any liens, materials or supplies furnished in connection with the fabrication, erection, installation, maintenance and operation of the Antenna, support structures and any related equipment installed by Tenant pursuant to the provisions of this Section 9; and (ii) any and all claims, actions, causes of action, demands, damages, costs, expenses (including, without limitation, reasonable attorneys' fees and expenses) and losses arising out of accidents, damage, injury or loss to any and all persons and property, or either, whomsoever or whatsoever resulting from or arising in connection with the erection, installation, maintenance, operation and repair of the Antenna, support structures and related equipment installed by Tenant pursuant to the provisions of this Section 9 (other than if caused by the willful misconduct or the negligent act or omission of Landlord or Landlord's agents or employees). (i) Tenant covenants and agrees that all work and installations (including, without limitation, any 69 -57- electrical equipment) to be done and made by Tenant pursuant to the provisions of this Section 9 shall be done and made in compliance with all applicable law, ordinances, regulations, requirements and rules of all governmental requirements (localauthorities having jurisdiction thereof, state and, further, in accordance with the covenants, conditions and federal)agreements of the Lease, as modified by this Seventeenth Amendment. Prior to installation of such system, Tenant shall furnish All plans and specifications for such system of Tenant's work and its location installations to be done and installation (which installation made by Tenant pursuant to the provisions of this Section 9 shall not involve any penetration be subject to the prior approval of the roof) to Landlord for its approvalLandlord, which approval shall not be unreasonably withheld or delayeddelayed by Landlord. (j) The Antenna, support structures and related equipment and the installation of any electrical lines and equipment in connection with the installation and operation of the Antenna shall be subject to the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed by Landlord. The Antenna, support structures and related equipment and electrical equipment shall be Tenant's personal property and shall be maintained and kept in repair by Tenant. Upon the expiration of the Term or upon its earlier termination in any manner, if Landlord so directs by written notice to Tenant, Tenant shall promptly remove the Antenna, support structures and related equipment and electrical equipment as designated in such notice, and Tenant shall repair any damage to the rooftop of the Building or to any other portion or portions of the Building, including the shaft ways, caused by or resulting from said removal by Tenant. In addition, prior to installation of such system, Tenant shall obtain all necessary governmental permits and approvals and deliver copies thereof to Landlord. All costs related to such system shall be paid by Tenant, including all costs of installationat its option, screening (if required by Landlord or any governmental entity), maintenance, repair, restoration and removal. If requested by Landlord, Tenant will, at Tenant’s expense, move the system to another location on the roof selected by Landlord and reasonably acceptable to Tenant. Tenant acknowledges that Landlord may also install or grant to others shall have the right to install microwaveremove the Antenna, satellite support structures and related equipment and electrical equipment at or other antenna communications systems on the roof. Upon any time prior to the expiration or sooner termination of the Term, Tenant shall, at Tenant’s sole cost, remove the antenna and all appurtenances and related equipment, and repair any damage caused by such removal. in which event Tenant shall be responsible for repair any damage to the roofrooftop of the Building or to any other portion or portions of the Building, including the shaft ways, 70 -58- caused by or resulting from said removal by Tenant. (k) Tenant covenants and agrees that neither the Antenna nor any electrical equipment to be installed by Tenant shall interfere with or adversely affect any equipment, installations, lines or machinery of the Building, including, without limitation, in the shaft ways, or any impairment of any existing roof warranty, resulting from the installation, use, maintenance, operation or removal other tenant of the Building. Landlord shall include a similar prohibitory provision in the lease of each tenant to which Landlord shall grant antenna rights. The installation of the Antenna and related equipment. Tenant electrical equipment shall be responsible for subject to inspection and reasonable supervision by Landlord, but Landlord shall not charge any damage to the roofsupervisory fees, surcharges or any impairment of any existing roof warranty, resulting from the installation, use, maintenance, operation or removal of the antenna and related equipment. Tenant shall also be responsible for all cost and coordination of temporary removal or relocation of Tenant’s equipment to the extent required other charges in connection with roof the initial installation, inspection or Building maintenance or repairs. supervision of the Antenna and electrical equipment. (l) an appropriate share of the costs of maintaining the same. (m) To the extent Tenant is receiving non-proprietary information, Tenant shall be responsible for any interference with any existing systems located at make its satellite resource available to other tenants in the Building caused provided that (i) making its satellite resource available to other tenants shall not diminish the quality of service provided by Tenant’s equipmentsuch satellite resource, (ii) that such tenants reimburse Tenant for an allocable share of the expense of the installation and operation of the Antenna and (iii) Tenant in the exercise of its reasonable judgment is otherwise satisfied with the terms and conditions by which it shall make such satellite resource available.

Rooftop Antenna. Landlord agrees thatSubject to the satisfaction, subject to availability in Landlord’s reasonable judgment, of spaceall applicable provisions of the Lease and the conditions set forth in this Paragraph, Tenant may installTenant, at Tenant’s sole cost and expense and for its own internal business use (and not for the purpose of granting access but without any obligation to others, whether or not for profitpay Landlord a license fee therefor), shall have the right to install, maintain, operate, repair, replace and remove one (1) or more satellite dishes and/or microwave antennae (collectively, “Antennae”) and/or supplemental HVAC units (collectively, “Supplemental HVAC”) that are approved in writing by Landlord in accordance with the terms of this Section (all such Antennae and Supplemental HVAC are collectively referred to as the “Rooftop Equipment”) on a microwave, satellite or other antenna communications system on portion of the roof of the Building at a location chosen mutually agreed to by Landlord. so long as Tenant executesLandlord and Tenant, and complies not to exceed Tenant’s pro rata share of roof space available for tenants’ equipment, for use in connection with all of Tenant’s business in the terms and conditions of, Landlord’s then standard form of license agreement (which may provide for Premises. A. Notwithstanding anything in this Section to the reimbursement of costs, but there shall be no additional rent or license fee). Without limiting the generality of the foregoing, the installation, size and location of such system must comply with all governmental requirements (local, state and federal). Prior to installation of such systemcontrary, Tenant shall furnish plans not be permitted to install the Rooftop Equipment unless (i) intentionally omitted; (ii) such Rooftop Antenna conforms to the specifications and requirements set forth in the drawings and specifications for such system and its location and installation prepared by a licensed professional (the “Rooftop Equipment Drawings”), which installation Rooftop Equipment Drawings shall not involve any penetration be subject to the prior written approval of the roof) to Landlord for its approvalLandlord, which approval shall not be unreasonably withheld withheld, conditioned or delayed. In addition; (iii) Landlord approves, prior to installation which approval shall not be unreasonably withheld, conditioned or delayed, the size, capacity, power, location and proposed placement of such systemRooftop Equipment (it being agreed that it shall be reasonable for Landlord to consider, among other things, the sight lines of the buildings adjacent to the Building); and (iv) Tenant shall obtain obtains, at its sole cost and expense, and provides copies to Landlord of all necessary governmental permits and approvals approvals, including, without limitation, special exception permits, if applicable, for the installation of the Rooftop Equipment upon the Building. Tenant shall have reasonable access during normal business hours to the Building’s conduits and deliver copies thereof risers as may be necessary for Tenant to connect the Rooftop Equipment to Tenant’s equipment in the Premises. Tenant, at Landlord’s discretion, shall cause the Rooftop Equipment to be painted in a nonmetallic paint. All costs related In addition, if the installation of the Rooftop Equipment on the roof of the Building would penetrate the roof of the Building, then Tenant shall not be permitted to install the Rooftop Equipment unless Tenant warrants and guaranties the roof to the extent that Landlord will lose its existing roof warranty or guaranty and unless Landlord approves, in writing, any such system effect on the Building’s structure or service systems or any such structural alteration, which approval may be granted or withheld by Landlord in its sole discretion. The Rooftop Equipment shall be paid installed by a contractor reasonably acceptable to both Landlord and Tenant and thereafter shall be properly maintained by Tenant, including all costs at Tenant’s sole expense. At the expiration or earlier termination of installationthe Lease Term, screening (if the Rooftop Equipment shall be removed from the roof of the Building at Tenant’s sole cost and expense and that portion of the roof of the Building that has been affected by the Rooftop Equipment shall be repaired to the condition it was in prior to the installation of the Rooftop Equipment. Tenant shall pay all subscription fees, usage charges and hookup and disconnection fees associated with Tenant’s use of the Rooftop Equipment and Landlord shall have no liability therefor. Tenant shall not be required by to pay to Landlord or any governmental entity)rental for the installation and use of the Rooftop Equipment during the initial Lease Term. All of the provisions of the Lease, including, without limitation, the insurance, maintenance, repair, restoration release and removal. If requested indemnification provisions shall apply and be applicable to Tenant’s installation, operation, maintenance and removal of the Rooftop Equipment. B. Except as shown on the Rooftop Equipment Drawings, as reasonably approved by Landlord, Tenant willshall not make any modification to the design, at Tenantstructure or systems of the Building, required in connection with the installation of the Rooftop Equipment without Landlord’s expenseprior written approval of such modification and the plans therefor, move the system to another location on the roof selected which approval may be granted, conditioned or withheld by Landlord and reasonably acceptable to Tenantin its sole but reasonable discretion. Tenant acknowledges that agrees that, in addition to any indemnification provided Landlord may also install or grant to others in the right to install microwave, satellite or other antenna communications systems on the roof. Upon the expiration or sooner termination of the TermLease, Tenant shall, except to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Related Parties, indemnify and shall hold Landlord and the Landlord Related Parties, harmless from and against all costs, damages, claims, liabilities and expenses (including reasonable attorney’s fees and any costs of litigation) suffered by or claimed against Landlord, directly or indirectly, based on, arising out of or resulting from Tenant’s use of the Rooftop Equipment and/or the conduits to connect the Premises to the Rooftop Equipment. In addition, Tenant shall be liable to Landlord for any actual damages suffered by Landlord or any other tenant or occupant of the Building for any cessation or shortages of electrical power or any other systems failure arising from Tenant’s use of the conduits to connect the Premises to the Rooftop Equipment. C. Tenant, at its sole cost and expense, shall secure all necessary permits and approvals from all. applicable governmental and quasi-governmental agencies with respect to the size, placement and installation of the Rooftop Equipment. In the event Tenant is unable to obtain the necessary approvals and permits from any applicable federal, state, county or other local governing authorities for the Rooftop Equipment, Tenant shall have no remedy, claim, cause of action or recourse against Landlord, nor shall such failure or inability to obtain any necessary permits or approvals provide Tenant the opportunity to terminate the Lease. D. Landlord makes no representations or warranties concerning the suitability of the roof of the Building for the installation, operation, maintenance and repair of the Rooftop Equipment, Tenant having satisfied itself concerning such matters. E. Except in the event of emergency (in which case Tenant shall notify Landlord thereof as soon as possible), Tenant shall not have access to the Rooftop Equipment without Landlord’s prior written consent, which consent shall be granted to the extent necessary for Tenant to perform its maintenance obligations hereunder during normal business hours and if Tenant is accompanied by Landlord’s representative (if Landlord so requests). Any such access by Tenant shall be subject to reasonable rules and regulations relating thereto established from time to time by Landlord, including without limitation rules and regulations prohibiting such access unless Tenant is accompanied by Landlord’s representative and Tenant’s agreement to reimburse Landlord for costs incurred by Landlord to make Landlord’s representative available to accompany Tenant if after normal business hours. F. Upon at least thirty (30) days’ prior written notice to Tenant, Landlord shall have the right to require Tenant to relocate the Rooftop Equipment, if in Landlord’s opinion such relocation is necessary or desirable. Any such relocation shall be performed by Tenant at Landlord’s expense, and in accordance with all of the requirements of this Section. Nothing in this Section shall be construed as granting Tenant any line of sight easement with respect to such Antennae. G. It is expressly understood that by granting Tenant the right hereunder, Landlord makes no representation as to the legality of such Rooftop Equipment or its installation. In the event that any federal, state, county, regulatory or other authority requires the removal or relocation of such Rooftop Equipment, Tenant shall remove or relocate such Rooftop Equipment at Tenant’s sole costcost and expense, remove and Landlord shall under no circumstances be liable to Tenant therefor. H. The Rooftop Equipment may be used by Tenant only in the antenna conduct of Tenant’s customary business in the Premises. No assignee or subtenant (other than an Affiliated Entity or a Permitted Successor) shall have any rights pursuant to this Section, unless such entity (and such entity’s right to exercise Tenant’s rights under this Paragraph) is approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed with respect to approved or permitted subtenants or assignees with whom Tenant is engaged in commercial activity as part of its core business and for which the Rooftop Equipment is utilized. Landlord shall have the right to receive any and all appurtenances compensation or other consideration payable to Tenant from any other entity (other than an Affiliated Entity or a Permitted Successor but including any other entity approved by Landlord) on account of Tenant’s rights set forth in this Section. I. Tenant shall maintain such insurance as is appropriate with respect to the installation, operation and related equipment, and repair maintenance of the Rooftop Equipment. Landlord shall have no liability on account of any damage caused by such removalto or interference with the operation of the Rooftop Equipment and Landlord expressly makes no representations or warranties with respect to the capacity for an antenna or satellite dish placed on the roof of the Building to receive or transmit signals. The operation of the Rooftop Equipment shall be at Tenant’s sole and absolute risk. Tenant shall be responsible for in no event interfere with the use of any damage other communications antenna located on the roof of the Building prior to the roofinstallation of Tenant’s Rooftop Equipment, or any impairment of any existing roof warranty, resulting from the installation, use, maintenance, such equipment thereafter installed by Landlord in connection with operation or removal of the antenna Building. J. Intentionally omitted. K. So long as Tenant has installed and related equipment. Tenant is using the Rooftop Equipment and no Event of Default exists under the Lease, Landlord shall be responsible for any damage not grant to non-Building tenants (other than communication providers servicing the roof, Building) rights to use the rooftop in such a manner so as to diminish or any impairment of any existing roof warranty, resulting from dilute the installation, use, maintenance, operation use or removal of the antenna and related equipment. Tenant shall also be responsible for all cost and coordination of temporary removal or relocation utility of Tenant’s equipment to the extent required in connection with roof or Building maintenance or repairs. Tenant shall be responsible rights hereunder for any interference with any existing systems located at the Building caused by Tenant’s equipmentRooftop Equipment.

Rooftop Antenna. Landlord agrees that, subject to availability of space, Tenant may install, at Tenant’s expense and for its own internal business use (and not for the purpose of granting access to others, whether or not for profit), a microwave, satellite or other antenna communications system erect on the roof of the Building at a location chosen by Landlord. so long as Tenant executesTenant=s sole cost and expense, and complies with all of one (1) satellite antenna/transmission device (the “Antenna”) subject to the terms and conditions ofset forth in Article 8 of the Lease and subject further to the terms and conditions set forth hereinafter. Prior to installing the Antenna, Tenant shall provide Landlord with plans and specifications therefor, as well as structural calculations and such other information pertaining to the Antenna as Landlord may reasonably require. Landlord’s then standard form =s prior consent to such plans and specifications, as well as the location, manner of license agreement (which may provide for installation and control of the reimbursement of costs, but there Antenna shall be no additional rent required, such consent not to be unreasonably withheld, conditioned or license fee)delayed. Without limiting the generality Tenant shall, within ten (10) days of being billed therefor by Landlord, reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review of the foregoing, the installation, size and location of such system must comply with all governmental requirements (local, state and federal). Prior to installation of such system, Tenant shall furnish plans obtain, at its sole cost and specifications for such system and its location and installation (which installation shall not involve any penetration of the roof) to Landlord for its approvalexpense, which approval shall not be unreasonably withheld or delayed. In addition, prior to installation of such system, Tenant shall obtain all necessary governmental permits and approvals required for the installation and deliver copies thereof to use of the Antenna and if necessary, Landlord shall reasonably cooperate with Tenant in the application for such permits and approvals. Tenant shall install the Antenna in a good and workmanlike manner using a roofing contractor reasonably approved by Landlord. All costs related to such system Once installed, the Antenna shall be paid by Tenant, including all costs of installation, screening (if required by Landlord or any governmental entity), maintenance, repair, restoration and removal. If requested by Landlord, Tenant will, at Tenant’s expense, move the system deemed to another location on the roof selected by Landlord and reasonably acceptable to Tenant. Tenant acknowledges that Landlord may also install or grant to others the right to install microwave, satellite or other antenna communications systems on the roof. Upon the expiration or sooner termination be a part of the TermPremises and all references in the Lease to the Premises shall include said Antenna. Without limitation, Tenant shall, at Tenant’s its sole costcost and expense, remove procure all policies of insurance for the antenna and all appurtenances and related equipmentpurpose of insuring the Antenna in accordance with the terms set forth in the Lease. In addition, and repair any damage caused by such removal. Tenant shall be responsible solely responsible, at its sole cost and expense, for any the maintenance and repair of the Antenna, and shall indemnify and hold harmless Landlord from and against all liability, claims or costs, including reasonable legal fees arising from the installation and/or use of the Antenna. Subject to the terms and provisions of this Article 45, Landlord shall allow Tenant’s qualified antenna technician access to the roof for the purpose of maintaining and repairing the Antenna, provided that such qualified antenna technician shall maintain all required insurance protecting against injury to persons or damage to the roofproperty arising in connection with such access, or any impairment of any existing roof warranty, resulting from the installation, use, maintenance, operation or removal of the antenna and related equipment. Tenant shall be responsible for any damage to the roof, or any impairment of any existing roof warranty, resulting from the installation, use, maintenance, operation or removal of the antenna and related equipmentmaintenance and/or repair. Tenant shall also be responsible for all the repair of any damage to the Building or the roof caused by the installation and/or use of the Antenna. Upon such installation, Tenant shall assume full responsibility for the cost of repair and/or replacement of that portion of the roof affected by Tenant=s installation of the Antenna. Landlord reserves the right, at Tenant=s sole cost and coordination expense, to have the roof inspected by Landlord=s roofing contractor and Tenant agrees that in the event that any repair or replacement of temporary removal the roof is required, Tenant will use the roofing contractor reasonably approved by Landlord to perform such repair or relocation replacement to the whole or a portion of the roof as may be reasonably required in accordance with roofing standards accepted in the industry. Under no circumstances shall Landlord be liable for any damage to or vandalism of the Antenna, unless due to Landlord’s gross negligence or wilful misconduct. In addition, Landlord shall in no event be responsible if, for any reason whatsoever, the Antenna does not perform to the expectations of Tenant’s equipment . In using the Antenna, Tenant agrees: (i) not to disrupt, adversely affect or interfere with any other tenant=s or other occupant=s use and enjoyment of its leased premises or the Common Areas of the Building, and (ii) not to disrupt, adversely affect or interfere with any other providers of telecommunications services to the extent required in connection with roof or Building maintenance or repairsBuilding. Tenant shall be responsible for agrees not to grant any interference with third parties the right to utilize in any existing systems located at manner, or otherwise benefit from, the Building caused Antenna. Tenant further agrees that Landlord may install and operate, and may permit the installation and operation by Tenant’s equipmentothers of, additional satellite antenna transmission/reception devices on the roof of the Building.