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.
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Samples: Lease (Alnylam Pharmaceuticals, Inc.), Lease (Alnylam Pharmaceuticals, Inc.)
Rooftop Antenna. Landlord agrees that, subject to availability of space, Section 1. (a) 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.
Appears in 1 contract
Samples: Office Lease Agreement (Audible Inc)
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).
Appears in 1 contract
Samples: Lease Agreement (GBC Bancorp Inc)