Common use of Rooftop Communications Equipment Clause in Contracts

Rooftop Communications Equipment. Tenant shall be granted the non-exclusive right to install on the roof of the Building up to four (4) satellite dishes (including associated communications equipment), each of which shall be no larger than forty-eight (48) inches in diameter, and up to four (4) antennae, the size and dimensions of which are subject to Landlord’s prior written approval (collectively, the “Communications Equipment”), in location(s) approved in writing in advance by Landlord (such approval not to be unreasonably withheld, conditioned or delayed). The weight of the Communications Equipment shall not exceed the load factor of the roof. Prior to the installation of the Communications Equipment on the roof of the Building, Tenant shall submit plans and specifications relative to the type, size and proposed location (including proposed screening) of the Communications Equipment to Landlord for review and written approval, not to be unreasonably withheld, conditioned or delayed, The Communications Equipment must be properly screened as determined by Landlord (in Landlord’s sole discretion), at Tenant’s sole cost. In connection with Tenant’s installation of the Communications Equipment on the roof, Landlord shall permit Tenant to install wires, conduits, and similar appurtenant facilities in the Building-Specific Common Areas (including using the Building’s risers, conduits and towers, subject to reasonable space limitations and Landlord’s requirements for use of such areas, for purposes of installing cabling from the Communications Equipment to the Premises) to connect the Communications Equipment with Tenant’s communications equipment located in the Premises, provided (i) such installation shall be completed pursuant to plans and specifications approved in writing in advance by Landlord and (ii) such installation and maintenance shall be at Tenant’s sole cost and expense and shall be completed in a good and workmanlike manner and pursuant to all other relevant terms and provisions in the Lease. Notwithstanding the foregoing to the contrary, any activities by Tenant or Tenant’s agents, employees, licensees, contractors or subcontractors under this Section 2 that will involve venting, opening, sealing, waterproofing or altering the roof shall be performed by Landlord’s roofing contractor or other roofing contractor approved in writing in advance by Landlord (in Landlord’s sole discretion), at Tenant’s expense, and Tenant shall ensure that any use of the roof by Tenant and Tenant’s agents, employees, contractors, invitees and guests shall be conducted in a manner that does not void or impair Landlord’s roof warranty. All costs associated with the installation, maintenance, use, repair and removal of the Communications Equipment shall be paid by Tenant, and Tenant shall install, maintain and operate the Communications Equipment in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including, without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Communications Equipment by any governmental authority having jurisdiction (including, without limitation, the Federal Communication Commission and the Federal Aviation Administration). Tenant also shall comply with all reasonable rules and regulations that Landlord may adopt from time to time governing the use of Communications Equipment on the roof of the Building. Additionally, Tenant shall repair, or, at Landlord’s option, reimburse Landlord for the cost of repairing, any damage to the roof or any other part of the Building caused by the installation, maintenance, repair, use or removal of the Communications Equipment. Tenant shall use and operate the Communications Equipment so as not to interfere with the use of communications equipment placed on the roof by Landlord (including Landlord’s licensee(s)) or other tenants and occupants in the Building, or interfere with the operation of the Building by Landlord or the use of adjoining properties by persons entitled thereto. Any claims for bodily injury, including death, or property damage resulting from the installation, maintenance, use, repair or removal of the Communications Equipment shall be covered by Tenant’s indemnity and insurance obligations under the Lease; and, without limiting the foregoing, Tenant shall cause the area of the roof used by Tenant for its Communications Equipment to be covered under Tenant’s commercial general liability insurance policy required under the Lease. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof) under the Lease) the right to use the Communications Equipment without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s sole discretion); and in any event, the Communications Equipment may be used by Tenant and its subtenants and assignees exclusively for the purpose of serving the business(es) conducted in the Premises by such parties from time to time. Upon reasonable advance notice to Tenant, Landlord shall be entitled to cause the Communications Equipment to be moved to another location on the roof, at Landlord’s cost and expense. Landlord and Tenant agree that the Communications Equipment shall remain the personal property of Tenant and shall not become a fixture. Accordingly, the Communications Equipment and appurtenances shall be removed by Tenant, at Tenant’s sole cost and expense, at the termination or any earlier expiration of the Lease Term, and the relevant portion of the roof and any other portions of the Building (including Building-Specific Common Areas) affected by the removal of the Communications Equipment and appurtenances shall be restored to their original condition, reasonable wear and tear excepted. Subject to the foregoing terms and conditions, Landlord shall provide Tenant with reasonable, non-exclusive access to the roof of the Building for the installation, maintenance, use, repair or removal of the Communications Equipment.

Rooftop Communications Equipment. a. Tenant shall be granted have the non-exclusive right to use a portion of the roof of the Building designated by Landlord in Landlord's sole discretion for the installation of one (1) of the following types of equipment: satellite dish, antenna and/or telecommunications and fiber optic equipment (collectively, the "Communications Equipment"), provided that (i) the Communications Equipment sought to be installed by Tenant is permitted under, and conforms to the requirements of, the laws, rules and regulations of the Town of Herndon, Virginia, Fairfax County, the Commonwealth of Virginia and any other governmental or quasi-governmental authorities having appropriate jurisdiction over the Building; (ii) Tenant obtains and maintains all permits, licenses, variances, authorizations and approvals that may be required in order to install such Communications Equipment; (iii) Tenant shall obtain insurance coverages reasonably required by Landlord relating to the installation and operation of such Communications Equipment; (iv) Tenant shall install any screen or other covering for the Communications Equipment that Landlord may require in order to camouflage or conceal the Communications Equipment; (v) Landlord shall have approved in its sole discretion the dimensions and specifications for the Communications Equipment, and the proposed method of attaching the Communications Equipment to the roof of the Building; (vi) the diameter of any Communications Equipment installed by Tenant shall not exceed twenty-four (24) inches; (vii) Landlord's engineer determines in its reasonable discretion that the portion of the roof on which Tenant desires to install the Communications Equipment is capable of bearing the weight of the Communications Equipment; and (viii) Landlord's engineer determines in its reasonable discretion that there is space available on the roof of the Building up to four accommodate Tenant's Communication Equipment. Tenant shall pay to Landlord monthly rent for the roof rights provided to Tenant in this Section 28 (4"Communications Rent") satellite dishes in an amount equal to Two Hundred Fifty Dollars (including associated communications equipment$250.00), each of which . Communications Rent hereunder shall be no larger than forty-eight increased as of the first day of the second (482nd) inches in diameter, Lease Year and up each Lease Year thereafter during the Term by an amount equal to four three percent (43%) antennae, the size and dimensions of which are subject to Landlord’s prior written approval (collectively, the “Communications Equipment”), in location(s) approved in writing in advance by Landlord (such approval not to be unreasonably withheld, conditioned or delayed). The weight of the Communications Equipment shall not exceed Rent in effect during the load factor last calendar month of the roofprevious Lease Year. Prior to Communications Rent shall be paid by Tenant, in advance, beginning on the installation date on which Tenant installs the Communications Equipment, and thereafter on the first day of each and every calendar month of the Term during which such Communications Equipment is located on the roof of the Building, Tenant shall submit plans and specifications relative to the type, size and proposed location (including proposed screening) of the Communications Equipment to Landlord for review and written approval, not to be unreasonably withheld, conditioned or delayed, The Communications Equipment must be properly screened as determined by Landlord (in Landlord’s sole discretion), at Tenant’s sole cost. In connection with Tenant’s installation of the Communications Equipment on the roof, Landlord shall permit Tenant to install wires, conduits, and similar appurtenant facilities in the Building-Specific Common Areas (including using the Building’s risers, conduits and towers, subject to reasonable space limitations and Landlord’s requirements for use of such areas, for purposes of installing cabling from the Communications Equipment to the Premises) to connect the Communications Equipment with Tenant’s communications equipment located in the Premises, provided (i) such installation shall be completed pursuant to plans and specifications approved in writing in advance by Landlord and (ii) such installation and maintenance shall be at Tenant’s sole cost and expense and shall be completed in a good and workmanlike manner and pursuant to all other relevant terms and provisions in the Lease. Notwithstanding the foregoing to the contrary, any activities by Tenant or Tenant’s agents, employees, licensees, contractors or subcontractors under this Section 2 that will involve venting, opening, sealing, waterproofing or altering the roof shall be performed by Landlord’s roofing contractor or other roofing contractor approved in writing in advance by Landlord (in Landlord’s sole discretion), at Tenant’s expense, and Tenant shall ensure that any use of the roof by Tenant and Tenant’s agents, employees, contractors, invitees and guests shall be conducted in a manner that does not void or impair Landlord’s roof warranty. All costs associated with the installation, maintenance, use, repair and removal of the Communications Equipment shall be paid by Tenant, and Tenant shall install, maintain and operate the Communications Equipment in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including, without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Communications Equipment by any governmental authority having jurisdiction (including, without limitation, the Federal Communication Commission and the Federal Aviation Administration). Tenant also shall comply with all reasonable rules and regulations that Landlord may adopt from time to time governing the use of Communications Equipment on the roof of the Building. Additionally, Tenant shall repair, or, at Landlord’s option, reimburse Landlord for the cost of repairing, any damage to the roof or any other part of the Building caused by the installation, maintenance, repair, use or removal of the Communications Equipment. Tenant shall use and operate the Communications Equipment so as not to interfere with the use of communications equipment placed on the roof by Landlord (including Landlord’s licensee(s)) or other tenants and occupants in the Building, or interfere with the operation of the Building by Landlord or the use of adjoining properties by persons entitled thereto. Any claims for bodily injury, including death, or property damage resulting from the installation, maintenance, use, repair or removal of the Communications Equipment shall be covered by Tenant’s indemnity and insurance obligations under the Lease; and, without limiting the foregoing, Tenant shall cause the area of the roof used by Tenant for its Communications Equipment to be covered under Tenant’s commercial general liability insurance policy required under the Lease. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof) under the Lease) the right to use the Communications Equipment without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s sole discretion); and in any event, the Communications Equipment may be used by Tenant and its subtenants and assignees exclusively for the purpose of serving the business(es) conducted in the Premises by such parties from time to time. Upon reasonable advance notice to Tenant, Landlord shall be entitled to cause the Communications Equipment to be moved to another location on the roof, at Landlord’s cost and expense. Landlord and Tenant agree that the Communications Equipment shall remain the personal property of Tenant and shall not become a fixture. Accordingly, the Communications Equipment and appurtenances shall be removed by Tenant, at Tenant’s sole cost and expense, at the termination or any earlier expiration of the Lease Term, and the relevant portion of the roof and any other portions of the Building (including Building-Specific Common Areas) affected by the removal of the Communications Equipment and appurtenances shall be restored to their original condition, reasonable wear and tear excepted. Subject to the foregoing terms and conditions, Landlord shall provide Tenant with reasonable, non-exclusive access to the roof of the Building for the installation, maintenance, use, repair or removal of the Communications Equipment.

Rooftop Communications Equipment. Tenant shall have the right, at its sole cost and expense, which right shall not be granted the non-exclusive right exclusive, to install and maintain an antenna or satellite dish or other communications receiving/sending equipment (the "Equipment") on the roof of the Building up Building, subject to four (4) satellite dishes (including associated communications equipment)the terms and conditions of this paragraph. Further, each of which such work shall be no larger than fortyaesthetically pleasing, not visible to the extent reasonably required by Landlord and of a first-eight class nature. The roof shall be resealed and repaired following the installation of such equipment. In the event Tenant desires to install and operate the Equipment, Tenant shall provide prior written notice thereof to Landlord, which notice shall include the plans and specifications (48the "Plans") inches in diameterfor the Equipment prepared by qualified engineers showing all aesthetic, structural, mechanical, and up electrical details thereof and of the necessary structural and other changes to four (4) antennaethe Building required to accommodate the same. Tenant shall not install or operate the Equipment unless and until Landlord shall have approved the Plans, the size and dimensions of which are subject to Landlord’s prior written approval (collectively, the “Communications Equipment”), in location(s) approved in writing in advance by Landlord (such approval will not to be unreasonably withheld, conditioned or delayed). The weight of the Communications Equipment shall not exceed the load factor of the roof. Prior Any and all structural, electrical or other mechanical changes to the installation of the Communications Equipment on the Building and any and all roof of the Building, Tenant shall submit plans and specifications relative to the type, size and proposed location (including proposed screening) of the Communications Equipment to Landlord for review and written approval, not to be unreasonably withheld, conditioned or delayed, The Communications Equipment wall penetrations must be properly screened as determined by Landlord (in Landlord’s sole discretion), at Tenant’s sole cost. In connection with Tenant’s installation of the Communications Equipment on the roof, Landlord shall permit Tenant to install wires, conduits, and similar appurtenant facilities in the Building-Specific Common Areas (including using the Building’s risers, conduits and towers, subject to reasonable space limitations and Landlord’s requirements for use of such areas, for purposes of installing cabling from the Communications Equipment to the Premises) to connect the Communications Equipment with Tenant’s communications equipment located in the Premises, provided (i) such installation shall be completed pursuant to plans and specifications specifically approved in writing in advance by the Landlord and (ii) such installation and maintenance shall be at Tenant’s sole cost and expense and shall be completed performed by a contractor or contractors approved in writing by Landlord. The Equipment shall be installed and operated in accordance with the approved Plans, in a good and workmanlike manner and pursuant to all other relevant terms and provisions in the Lease. Notwithstanding the foregoing to the contrary, any activities by Tenant or Tenant’s agents, employees, licensees, contractors or subcontractors under this Section 2 that will involve venting, opening, sealing, waterproofing or altering the roof shall be performed by Landlord’s roofing contractor or other roofing contractor approved in writing in advance by Landlord (in Landlord’s sole discretion), at Tenant’s expense, and Tenant shall ensure that any use of the roof by Tenant and Tenant’s agents, employees, contractors, invitees and guests shall be conducted in a manner that does not void or impair Landlord’s roof warranty. All costs associated with the installation, maintenance, use, repair and removal of the Communications Equipment shall be paid by Tenant, and Tenant shall install, maintain and operate the Communications Equipment in accordance compliance with all applicable federal, state, and local laws, statutes, ordinances, rules codes and regulations, including, without limitation, obtaining ordinances and maintaining any and shall be properly licensed by all permits, approvals and licenses required to install and operate the Communications Equipment by any applicable governmental authority having jurisdiction (including, without limitation, the Federal Communication Commission and the Federal Aviation Administration)authorities. Tenant also shall comply with all reasonable rules be solely responsible and regulations that Landlord may adopt from time to time governing liable for the use of Communications Equipment on the roof maintenance of the BuildingEquipment, including the rooftop area it is installed on, during the Term. AdditionallyTenant shall be responsible for any damage to said roof or other parts of the Building due to the installation, inspection, maintenance, or operation of such Equipment. Tenant's installation, operation and maintenance of the Equipment shall not in any way impair Landlord's roof warranty. Upon the expiration or earlier termination of this Lease, Tenant shall repairimmediately remove the Equipment from the Building, or, at Landlord’s option, reimburse Landlord for the cost of repairing, and Tenant shall repair any damage to the roof or any other part of the Building caused by the installation, maintenance, repair, use or removal of the Communications Equipment. Tenant shall use and operate the Communications Equipment so as not to interfere with the use of communications equipment placed on the roof by Landlord (including Landlord’s licensee(s)) or other tenants and occupants in the Building, or interfere with the operation of the Building by Landlord or the use of adjoining properties by persons entitled thereto. Any claims for bodily injury, including death, or property damage resulting from the installation, maintenance, use, repair or removal of the Communications Equipment shall be covered by Tenant’s indemnity and insurance obligations under the Lease; and, without limiting the foregoing, Tenant shall cause the area of the roof used by Tenant for its Communications Equipment to be covered under Tenant’s commercial general liability insurance policy required under the Lease. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof) under the Lease) the right to use the Communications Equipment without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s sole discretion); and in any event, the Communications Equipment may be used by Tenant and its subtenants and assignees exclusively for the purpose of serving the business(es) conducted in the Premises by such parties from time to time. Upon reasonable advance notice to Tenant, Landlord shall be entitled to cause the Communications Equipment to be moved to another location on the roof, at Landlord’s cost and expense. Landlord and Tenant agree that the Communications Equipment shall remain the personal property of Tenant thereof and shall not become a fixture. Accordingly, restore the Communications Equipment and appurtenances shall be removed by Tenant, at Tenant’s sole cost and expense, at the termination or any earlier expiration of the Lease Term, and the relevant portion of the roof and any other portions of the Building (including Building-Specific Common Areas) affected by the removal Equipment to the condition existing prior to the installation thereof (ordinary wear and tear, other than as caused by the equipment, excepted). In the event Tenant fails to so remove the Equipment and repair and restore the Building and dispose of the Communications Equipment and appurtenances shall be restored to their original condition, reasonable wear and tear excepted. Subject to the foregoing terms and conditionsEquipment, Landlord may do so, at the sole risk and expense of Tenant, and Tenant shall provide Tenant with reasonable, non-exclusive access to the roof of the Building reimburse Landlord for the installation, maintenance, use, repair or removal of the Communications Equipmentall costs and expenses incurred in connection therewith upon thirty (30) days written notice.

Rooftop Communications Equipment. Notwithstanding the provisions of Section 7.A above, Tenant shall be granted have the non-exclusive right right, at its sole cost and expense, to install antennae, satellite dishes and other communications systems and equipment (“Rooftop Communications Systems”) on the roof of the Building up at no additional rent cost to four (4) satellite dishes (including Tenant and at a location reasonably acceptable to Tenant and consistent with the intended use of the equipment while at the same time reasonably minimizing its visibility. All permits, application fees, and all costs associated communications equipment), each of which with the Rooftop Communications Systems shall be no larger than forty-eight (48) inches in diameterTenant’s responsibility. Tenant, at its sole cost and expense, shall have the exclusive right to install, maintain, and up from time to four time replace all or a portion of the Rooftop Communications Systems on the roof of the Building, provided that prior to commencing any installation or maintenance, Tenant shall (4i) antennae, the size and dimensions of which are subject to obtain Landlord’s prior written approval (collectively, the “Communications Equipment”), in location(s) approved in writing in advance by Landlord (such which approval shall not to be unreasonably withheld, conditioned or delayed). The weight of the Communications Equipment shall not exceed the load factor of the roof. Prior to the installation of the Communications Equipment on the roof of the Building, Tenant shall submit plans and specifications relative to the type, size and proposed location (including proposed screening) of the proposed size, weight and location of such Rooftop Communications Equipment Systems and method for fastening such Rooftop Communications Systems to Landlord for review and written approval, not to be unreasonably withheld, conditioned or delayed, The Communications Equipment must be properly screened as determined by Landlord (in Landlord’s sole discretion), at Tenant’s sole cost. In connection with Tenant’s installation of the Communications Equipment on the roof, Landlord shall permit Tenant to install wires, conduits, and similar appurtenant facilities in the Building-Specific Common Areas (including using the Building’s risers, conduits and towers, subject to reasonable space limitations and Landlord’s requirements for use of such areas, for purposes of installing cabling from the Communications Equipment to the Premises) to connect the Communications Equipment with Tenant’s communications equipment located in the Premises, provided (i) such installation shall be completed pursuant to plans and specifications approved in writing in advance by Landlord and (ii) such installation and/or replacement shall comply strictly with all Laws and maintenance shall be at Tenant’s sole cost and expense and shall be completed in a good and workmanlike manner and pursuant to all other relevant terms and provisions in the Lease. Notwithstanding the foregoing to the contrary, conditions of any activities by Tenant bond or Tenant’s agents, employees, licensees, contractors or subcontractors under this Section 2 that will involve venting, opening, sealing, waterproofing or altering the roof shall be performed by Landlord’s roofing contractor or other roofing contractor approved in writing in advance warranty maintained by Landlord (in Landlord’s sole discretion), at Tenant’s expense, and Tenant shall ensure that any use of the roof by Tenant and Tenant’s agents, employees, contractors, invitees and guests shall be conducted in a manner that does not void or impair Landlord’s roof warranty. All costs associated with the installation, maintenance, use, repair and removal of the Communications Equipment shall be paid by Tenant, and Tenant shall install, maintain and operate the Communications Equipment in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including, without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Communications Equipment by any governmental authority having jurisdiction (including, without limitation, the Federal Communication Commission and the Federal Aviation Administration). Tenant also shall comply with all reasonable rules and regulations that Landlord may adopt from time to time governing the use of Communications Equipment on the roof of the Building. Additionally, Tenant shall repair, or, at Landlord’s option, reimburse Landlord for the cost of repairing, any damage to the roof or any other part of the Building caused by the installation, maintenance, repair, use or removal of the Communications Equipment. Tenant shall use and operate the Communications Equipment so as not to interfere with the use of communications equipment placed on the roof by Landlord (including Landlord’s licensee(s)) or other tenants and occupants in the Building, or interfere with the operation of the Building by Landlord or the use of adjoining properties by persons entitled thereto. Any claims for bodily injury, including death, or property damage resulting from the installation, maintenance, use, repair or removal of the Communications Equipment shall be covered by Tenant’s indemnity and insurance obligations under the Lease; and, without limiting the foregoing, Tenant shall cause the area of the roof used by Tenant for its Communications Equipment to be covered under Tenant’s commercial general liability insurance policy required under the Lease. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof) under the Lease) the right to use the Communications Equipment without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s sole discretion); and in any event, the Communications Equipment may be used by Tenant and its subtenants and assignees exclusively for the purpose of serving the business(es) conducted in the Premises by such parties from time to time. Upon reasonable advance notice to Tenant, Landlord shall be entitled to cause the Communications Equipment to be moved to another location on the roof, at Landlord’s cost and expense. Landlord and Tenant agree that the Communications Equipment shall remain the personal property of Tenant and shall not become a fixture. Accordingly, the Communications Equipment and appurtenances shall be removed by Tenant(iii) obtain, at Tenant’s sole cost and expense, at the termination or any earlier expiration of the Lease Termnecessary federal, state, and the relevant portion of the roof municipal permits, licenses and approvals, and deliver copies thereof to Landlord. Tenant agrees that all installation, 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 shall repair any other portions of damage to the Building (including Building-Specific Common Areas) affected caused by the removal of the Communications Equipment and appurtenances shall be restored to their original condition, reasonable wear and tear excepted. Subject to the foregoing terms and conditions, Landlord shall provide Tenant with reasonable, non-exclusive access to the roof of the Building for the Tenant’s installation, maintenance, usereplacement, repair use or removal of the Rooftop Communications EquipmentSystems. The Rooftop Communications Systems shall remain the property of Tenant, and Tenant may remove the Rooftop Communications Systems at its cost at any time during the Term. Tenant shall remove the Rooftop Communications Systems at Tenant’s cost and expense upon the expiration or termination of this Lease and shall repair any damage to the Building caused by such removal. Landlord makes no warranty or representation that the Building or any portions thereof are suitable for the use of the Rooftop Communications Systems. Except to the extent caused by Landlord’s gross negligence or willful misconduct, Tenant shall protect, defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, shareholders, directors, officers, trustees, partners, affiliates, contractors, subtenants or invitees (“Landlord’s Agents”) from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Rooftop Communications Systems.

Rooftop Communications Equipment. Subject to the terms and conditions of this Paragraph 19(gg), Landlord’s approval of Tenant’s plans, and all applicable governmental laws and regulations, Tenant shall be granted have the non-exclusive right to install on the roof of the Building up to four (4) satellite dishes (including associated communications equipment), each of which shall be no larger than forty-eight (48) inches in diameter, and up to four (4) antennae, the size and dimensions of which are subject to Landlord’s prior written approval (collectively, the “Communications Equipment”), in location(s) approved in writing in advance by Landlord (such approval not to be unreasonably withheld, conditioned or delayed). The weight of the Communications Equipment shall not exceed the load factor of the roof. Prior to the installation of the Communications Equipment on the roof of the Building, Tenant shall submit plans and specifications relative to the type, size and proposed location (including proposed screening) of the Communications Equipment to Landlord for review and written approval, not to be unreasonably withheld, conditioned or delayed, The Communications Equipment must be properly screened as determined by Landlord (in Landlord’s sole discretion), at Tenant’s sole cost. In connection with Tenant’s installation of the Communications Equipment on the roof, Landlord shall permit Tenant to install wires, conduits, and similar appurtenant facilities in the Building-Specific Common Areas (including using the Building’s risers, conduits and towers, subject to reasonable space limitations and Landlord’s requirements for use of such areas, for purposes of installing cabling from the Communications Equipment to the Premises) to connect the Communications Equipment with Tenant’s communications equipment located in the Premises, provided (i) such installation shall be completed pursuant to plans and specifications approved in writing in advance by Landlord and (ii) such installation and maintenance shall be at Tenant’s sole cost and expense and shall be completed in a good and workmanlike manner and pursuant to all other relevant terms and provisions in the Lease. Notwithstanding the foregoing to the contrary, any activities by Tenant or Tenant’s agents, employees, licensees, contractors or subcontractors under this Section 2 that will involve venting, opening, sealing, waterproofing or altering the roof shall be performed by Landlord’s roofing contractor or other roofing contractor approved in writing in advance by Landlord (in Landlord’s sole discretion), at Tenant’s expense, and Tenant shall ensure that any use of the roof by Tenant and Tenant’s agents, employees, contractors, invitees and guests shall be conducted in a manner that does not void or impair Landlord’s roof warranty. All costs associated with the installation, maintenance, use, repair and removal of the Communications Equipment shall be paid by Tenant, and Tenant shall install, maintain and operate the Communications Equipment in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including, without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Communications Equipment by any governmental authority having jurisdiction (including, without limitation, the Federal Communication Commission and the Federal Aviation Administration). Tenant also shall comply with all reasonable rules and regulations that Landlord may adopt from time to time governing the use of Communications Equipment on the roof of the Building. Additionally, Tenant shall repair, or, at Landlord’s option, reimburse Landlord for the cost of repairing, any damage to the roof or any other part of the Building caused by the installation, maintenance, repair, use or removal of the Communications Equipment. Tenant shall use and operate the Communications Equipment so as not to interfere with the use of communications equipment placed on the roof by Landlord (including Landlord’s licensee(s)) or other tenants and occupants in the Building, or interfere with the operation of the Building by Landlord or the use of adjoining properties by persons entitled thereto. Any claims for bodily injury, including death, or property damage resulting from the installation, maintenance, use, repair or removal of the Communications Equipment shall be covered by Tenant’s indemnity and insurance obligations under the Lease; and, without limiting the foregoing, Tenant shall cause the area of the roof used by Tenant for its Communications Equipment to be covered under Tenant’s commercial general liability insurance policy required under the Lease. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof) under the Lease) the right to use the Communications Equipment without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s sole discretion); and in any event, the Communications Equipment may be used by Tenant and its subtenants and assignees exclusively for the purpose of serving the business(es) conducted in the Premises by such parties from time to time. Upon reasonable advance notice to Tenant, Landlord shall be entitled to cause the Communications Equipment to be moved to another location on the roof, at Landlord’s cost and expense. Landlord and Tenant agree that the Communications Equipment shall remain the personal property of Tenant and shall not become a fixture. Accordingly, the Communications Equipment and appurtenances shall be removed by Tenantoperate, at Tenant’s sole cost and expense, at the termination up to a maximum of one antenna or any earlier expiration of the Lease Termsatellite dish, including base site cabinet and the relevant portion of the roof appurtenant conduits and any other portions of the Building cabinets (including Building-Specific Common Areas“Antennae Equipment”) affected by the removal of the Communications Equipment and appurtenances shall be restored to their original condition, reasonable wear and tear excepted. Subject to the foregoing terms and conditions, Landlord shall provide Tenant with reasonable, non-exclusive access to on the roof of the Building for the installation, maintenance, use, repair or removal in a location approved by Landlord. Use of the Communications Equipmentroof top space shall be at no charge to Tenant and shall be for Tenant’s internal purposes only. Tenant’s rights herein are subject to the rights of any existing occupants of the Building or the Building roof, and in no event shall Tenant’s Antennae Equipment interfere with the equipment of Landlord or other tenants or occupants of the Building or Building roof. Tenant reserves the right to run cabling, conduit or wiring across the roof of the portion of the Building which is above Tenant’s Premises to the appropriate conduit riser that will terminate within the Premises as set forth in plans and specifications, which shall be subject to Landlord’s approval including, without limitation, as to scope of work, timing for construction, plans and installation and restoration of improvements. [SIGNATURE PAGE TO FOLLOW] SIGNATURE PAGE TO OFFICE LEASE BY AND BETWEEN TREA PACIFIC PLAZA, LLC, AS LANDLORD, AND TANDEM DIABETES CARE, INC., AS TENANT

Rooftop Communications Equipment. Tenant shall have the right, at its sole cost and expense, which right shall not be granted the non-exclusive right exclusive, to install and maintain an antenna or satellite dish or other communications receiving/sending equipment (the "Equipment") on the roof of the Building up Building, subject to four (4) satellite dishes (including associated communications equipment)the terms and conditions of this paragraph. Further, each of which such work shall be no larger than fortyaesthetically pleasing, not visible to the extent reasonably required by Landlord and of a first-eight class nature. The roof shall be resealed and repaired following the installation of such equipment. In the event Tenant desires to install and operate the Equipment, Tenant shall provide prior written notice thereof to Landlord, which notice shall include the plans and specifications (48the "Plans") inches in diameterfor the Equipment prepared by qualified engineers showing all aesthetic, structural mechanical, and up electrical details thereof and of the necessary structural and other changes to four (4) antennaethe Building required to accommodate the same. Tenant shall not install or operate the Equipment unless and until Landlord shall have approved the Plans, the size and dimensions of which are subject to Landlord’s prior written approval (collectively, the “Communications Equipment”), in location(s) approved in writing in advance by Landlord (such approval will not to be unreasonably withheld, conditioned or delayed). The weight of the Communications Equipment shall not exceed the load factor of the roof. Prior Any and all structural, electrical or other mechanical changes to the installation of the Communications Equipment on the Building and any and all roof of the Building, Tenant shall submit plans and specifications relative to the type, size and proposed location (including proposed screening) of the Communications Equipment to Landlord for review and written approval, not to be unreasonably withheld, conditioned or delayed, The Communications Equipment wall penetrations must be properly screened as determined by Landlord (in Landlord’s sole discretion), at Tenant’s sole cost. In connection with Tenant’s installation of the Communications Equipment on the roof, Landlord shall permit Tenant to install wires, conduits, and similar appurtenant facilities in the Building-Specific Common Areas (including using the Building’s risers, conduits and towers, subject to reasonable space limitations and Landlord’s requirements for use of such areas, for purposes of installing cabling from the Communications Equipment to the Premises) to connect the Communications Equipment with Tenant’s communications equipment located in the Premises, provided (i) such installation shall be completed pursuant to plans and specifications specifically approved in writing in advance by the Landlord and (ii) such installation and maintenance shall be at Tenant’s sole cost and expense and shall be completed performed by a contractor or contractors approved in writing by Landlord. The Equipment shall be installed and operated in accordance with the approved Plans, in a good and workmanlike manner and pursuant to all other relevant terms and provisions in the Lease. Notwithstanding the foregoing to the contrary, any activities by Tenant or Tenant’s agents, employees, licensees, contractors or subcontractors under this Section 2 that will involve venting, opening, sealing, waterproofing or altering the roof shall be performed by Landlord’s roofing contractor or other roofing contractor approved in writing in advance by Landlord (in Landlord’s sole discretion), at Tenant’s expense, and Tenant shall ensure that any use of the roof by Tenant and Tenant’s agents, employees, contractors, invitees and guests shall be conducted in a manner that does not void or impair Landlord’s roof warranty. All costs associated with the installation, maintenance, use, repair and removal of the Communications Equipment shall be paid by Tenant, and Tenant shall install, maintain and operate the Communications Equipment in accordance compliance with all applicable federal, state, and local laws, statutes, ordinances, rules codes and regulations, including, without limitation, obtaining ordinances and maintaining any and shall be properly licensed by all permits, approvals and licenses required to install and operate the Communications Equipment by any applicable governmental authority having jurisdiction (including, without limitation, the Federal Communication Commission and the Federal Aviation Administration)authorities. Tenant also shall comply with all reasonable rules be solely responsible and regulations that Landlord may adopt from time to time governing liable for the use of Communications Equipment on the roof maintenance of the BuildingEquipment, including the rooftop area it is installed on, during the Term. AdditionallyTenant shall be responsible for any damage to said roof or other parts of the Building due to the installation, inspection, maintenance, or operation of such Equipment. Tenant's installation, operation and maintenance of the Equipment shall not in any way impair Landlord's roof warranty. Upon the expiration or earlier termination of this Lease, Tenant shall repairimmediately remove the Equipment from the Building, or, at Landlord’s option, reimburse Landlord for the cost of repairing, and Tenant shall repair any damage to the roof or any other part of the Building caused by the installation, maintenance, repair, use or removal of the Communications Equipment. Tenant shall use and operate the Communications Equipment so as not to interfere with the use of communications equipment placed on the roof by Landlord (including Landlord’s licensee(s)) or other tenants and occupants in the Building, or interfere with the operation of the Building by Landlord or the use of adjoining properties by persons entitled thereto. Any claims for bodily injury, including death, or property damage resulting from the installation, maintenance, use, repair or removal of the Communications Equipment shall be covered by Tenant’s indemnity and insurance obligations under the Lease; and, without limiting the foregoing, Tenant shall cause the area of the roof used by Tenant for its Communications Equipment to be covered under Tenant’s commercial general liability insurance policy required under the Lease. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof) under the Lease) the right to use the Communications Equipment without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s sole discretion); and in any event, the Communications Equipment may be used by Tenant and its subtenants and assignees exclusively for the purpose of serving the business(es) conducted in the Premises by such parties from time to time. Upon reasonable advance notice to Tenant, Landlord shall be entitled to cause the Communications Equipment to be moved to another location on the roof, at Landlord’s cost and expense. Landlord and Tenant agree that the Communications Equipment shall remain the personal property of Tenant thereof and shall not become a fixture. Accordingly, restore the Communications Equipment and appurtenances shall be removed by Tenant, at Tenant’s sole cost and expense, at the termination or any earlier expiration of the Lease Term, and the relevant portion of the roof and any other portions of the Building (including Building-Specific Common Areas) affected by the removal Equipment to the condition existing prior to the installation thereof (ordinary wear and tear, other than as caused by the equipment, excepted). In the event Tenant fails to so remove the Equipment and repair and restore the Building and dispose of the Communications Equipment and appurtenances shall be restored to their original condition, reasonable wear and tear excepted. Subject to the foregoing terms and conditionsEquipment, Landlord may do so, at the sole risk and expense of Tenant, and Tenant shall provide Tenant with reasonable, non-exclusive access to the roof of the Building reimburse Landlord for the installation, maintenance, use, repair or removal of the Communications Equipmentall costs and expenses incurred in connection therewith upon thirty (30) days written notice.

Rooftop Communications Equipment. Without obligation for rental or any other charges therefore, except as expressly stated hereunder, Tenant shall be granted permitted, at its sole cost and expense, during the non-exclusive right Term, to install on use the roof of the Building building to install and operate thereon up to four two (42) microwave dishes/earth satellite dishes (including associated communications equipment), each of which shall be no larger than forty-eight (48) inches in diameter, disks and up to four two (42) antennae, the size and dimensions of which are subject to Landlord’s prior written approval whip antennae (collectively, the “Communications Equipment”)"ROOFTOP COMMUNICATIONS EQUIPMENT") for the exclusive use of Tenant, in location(s) locations as selected by Tenant and approved in writing in advance by Landlord (such which approval not to be unreasonably withheld, conditioned or delayed). The weight of the Communications Equipment shall not exceed the load factor of the roof. Prior to the installation of the Communications Equipment on the roof of the Building, Tenant shall submit plans and specifications relative to the type, size and proposed location (including proposed screening) of the Communications Equipment to Landlord for review and written approval, not to be unreasonably withheld, conditioned or delayed, The Communications Equipment must be properly screened as determined provided the same complies with all applicable governmental rules, regulations, ordinances and codes and is approved by Landlord (in Landlord’s sole discretion)as to plans, at Tenant’s sole costspecifications, location, weight and size. In connection with Tenant’s installation of During the Communications Equipment on the roofTerm, Landlord shall permit Tenant to install wires, conduitsnot install, and similar appurtenant facilities in shall prohibit the Building-Specific Common Areas (including using the Building’s risers, conduits and towers, subject to reasonable space limitations and Landlord’s requirements for use of such areas, for purposes of installing cabling from the Communications Equipment to the Premises) to connect the Communications Equipment with Tenant’s communications equipment located in the Premises, provided (i) such installation shall be completed pursuant to plans and specifications approved in writing in advance and/or operation by Landlord and (ii) such installation and maintenance shall be at Tenant’s sole cost and expense and shall be completed in a good and workmanlike manner and pursuant to all any other relevant terms and provisions in the Lease. Notwithstanding the foregoing to the contraryparty of, any activities by Tenant or Tenant’s agentsadditional microwave dishes/earth satellite disks, employeeswhip antennae, licensees, contractors or subcontractors under this Section 2 that will involve venting, opening, sealing, waterproofing or altering the roof shall be performed by Landlord’s roofing contractor or towers and/or other roofing contractor approved in writing in advance by Landlord (in Landlord’s sole discretion), at Tenant’s expense, and Tenant shall ensure that any use of the roof by Tenant and Tenant’s agents, employees, contractors, invitees and guests shall be conducted in a manner that does not void or impair Landlord’s roof warranty. All costs associated with the installation, maintenance, use, repair and removal of the Communications Equipment shall be paid by Tenant, and Tenant shall install, maintain and operate the Communications Equipment in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including, without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Communications Equipment by any governmental authority having jurisdiction (including, without limitation, the Federal Communication Commission and the Federal Aviation Administration). Tenant also shall comply with all reasonable rules and regulations that Landlord may adopt from time to time governing the use of Communications Equipment structures on the roof of the Buildingbuilding which shall be reasonably deemed by Landlord (after reasonable consultation with Tenant) to interfere with the existing Rooftop Communications Equipment. AdditionallyDuring the Term, Tenant shall repair, or, at Landlord’s option, reimburse Landlord for be permitted to select a contractor of its choice to undertake the cost of repairing, any damage to the roof or any other part installation of the Building caused by the installationRooftop Communications Equipment, maintenancesubject to Landlord's approval, repairwhich approval shall not be unreasonably withheld, use conditioned or removal delayed. In addition, Tenant shall be permitted to construct equipment enclosures, if required, in locations, design and materials to be mutually agreed upon, between Landlord and Tenant, for accommodation of the Rooftop Communications Equipment. Tenant shall use also have the right to install necessary conduit and operate the Communications Equipment so as not to interfere with the use of communications equipment placed on sleeving from the roof by Landlord (including Landlord’s licensee(s)) or other tenants and occupants in to the Building, or interfere with points of connection within the operation of the Building by Landlord or the use of adjoining properties by persons entitled thereto. Any claims for bodily injury, including death, or property damage resulting from the installation, maintenance, use, repair or removal of the Communications Equipment shall be covered by Tenant’s indemnity and insurance obligations under the Lease; and, without limiting the foregoing, Tenant shall cause the area of the roof used by Tenant for its Communications Equipment to be covered under Tenant’s commercial general liability insurance policy required under the LeasePremises. Tenant shall not be entitled to grant or assign to any third party responsible for all costs of installation (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative including structural reinforcing), repair and maintenance and removal with respect to the Premises (or a portion thereof) under the Lease) the right to use the Communications Equipment without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s sole discretion); and in any event, the Communications Equipment may be used by Tenant and its subtenants and assignees exclusively for the purpose of serving the business(es) conducted in the Premises by such parties from time to time. Upon reasonable advance notice to Tenant, Landlord shall be entitled to cause the Communications Equipment to be moved to another location on the roof, at Landlord’s cost and expense. Landlord and Tenant agree that the Communications Equipment shall remain the personal property of Tenant and shall not become a fixture. Accordingly, the Communications Equipment and appurtenances shall be removed by Tenant, at Tenant’s sole cost and expense, at the termination or any earlier expiration of the Lease Term, and the relevant portion of the roof and any other portions of the Building (including Building-Specific Common Areas) affected by the removal of the Communications Equipment and appurtenances shall be restored to their original condition, reasonable wear and tear excepted. Subject to the foregoing terms and conditions, Landlord shall provide Tenant with reasonable, non-exclusive access to the roof of the Building for the installation, maintenance, use, repair or removal of the Rooftop Communications Equipment.

Rooftop Communications Equipment. Tenant shall be granted have the non-exclusive right (at Tenant’s sole cost and expense) at any time during the Term and subject to install on the provisions of this Section 17.02, to utilize a reasonable and available portion of the roof of the Building up to four for the installation of a microwave dish, or other communications equipment and antenna for Tenant’s use (4) satellite dishes (including associated communications equipment), each of which shall be no larger than forty-eight (48) inches in diameter, and up to four (4) antennae, the size and dimensions of which are subject to Landlord’s prior written approval (collectively, the “Communications Rooftop Equipment”), in location(s) approved in writing in advance by Landlord (such approval not . Tenant acknowledges and agrees that the Rooftop Equipment shall constitute a Tenant Change and shall be subject to be unreasonably withheld, conditioned or delayed)the terms and conditions of Article 12. The weight In furtherance of the Communications Equipment shall not exceed the load factor of the roof. Prior to the installation of the Communications Equipment on the roof of the Buildingforegoing, Tenant shall submit furnish detailed plans and specifications relative to for the typeRooftop Equipment, size and proposed location (including proposed screening) of all wires, lines, pipe conduits, and other apparatus in connection with the Communications Equipment Rooftop Equipment, to Landlord for review and written its prior approval, which approval shall not to be unreasonably withheld, conditioned or delayed, The Communications provided Landlord may condition its consent by requirement that the Rooftop Equipment must be properly adequately screened as determined by Landlord (in Landlord’s sole discretion), at Tenant’s sole cost. In connection with Tenant’s installation of the Communications Equipment on the roof, Landlord shall permit Tenant to install wires, conduits, and similar appurtenant facilities in the Building-Specific Common Areas (including using the Building’s risers, conduits and towers, subject to reasonable space limitations and Landlord’s requirements for use of such areas, for purposes of installing cabling from the Communications Equipment to the Premises) to connect the Communications Equipment with Tenant’s communications equipment located in the Premises, provided (i) such installation shall be completed pursuant to plans and specifications approved in writing in advance by Landlord and (ii) such installation and maintenance shall be at Tenant’s sole cost and expense) at such location(s) designated by Landlord on which Rooftop Equipment may be located. The Rooftop Equipment shall, upon approval of Tenant’s plans and specifications, be installed by Tenant, at Tenant’s expense. Such cost and expense shall include processing and obtaining any necessary permits and/or approvals required by governmental authorities in connection with such installation. Tenant shall comply with all applicable Laws in connection with the installation and maintenance of the Rooftop Equipment, and all lines, wiring, pipes, conduits, and other apparatus in connection therewith, and Tenant shall keep the Demised Premises, Building and Land free and clear from any liens arising from or related to the installation, maintenance and repair thereof. Any wires, lines, conduits, or other physical connections between the Rooftop Equipment and the Demised Premises shall be completed in a good concealed within the permanent walls, floors, columns and workmanlike manner ceilings of the Building and pursuant to all other relevant terms and provisions in the Leaseshafts of the Building provided for such installations, not damaging the appearance of the Building or reducing the usable or rentable space of the Building. Notwithstanding Upon completion of such installation, maintenance or repair (initially and from time to time), Tenant shall restore such portions of the foregoing Building to a condition reasonably comparable to that existing prior to such installation or maintenance. Tenant shall be responsible for procuring whatever approvals, licenses, or permits may be required for the installation and use of the Rooftop Equipment and the related support systems or operation of any equipment served thereby, and Landlord makes no warranties whatsoever as to the contrarypermissibility of such systems under applicable laws. Upon termination or expiration of this Lease, Tenant shall have the right to cause the Rooftop Equipment to remain at the Building, or to remove the Rooftop Equipment and any activities by Tenant or Tenant’s agentslines, employeeswires, licenseesconduits, contractors or subcontractors under this Section 2 that will involve venting, opening, sealing, waterproofing or altering the roof shall be performed by Landlord’s roofing contractor pipes or other roofing contractor approved apparatus installed in writing in advance by Landlord (in Landlord’s sole discretion)connection therewith, at Tenant’s expense, and Tenant shall ensure that any use repair and restore the Land and Building to a condition comparable to the existing prior to the installation of the roof by Tenant and Tenant’s agents, employees, contractors, invitees and guests shall be conducted in a manner that does not void or impair Landlord’s roof warrantyRooftop Equipment. All costs associated with Landlord reserves the installation, maintenance, use, repair and removal of right to relocate the Communications Rooftop Equipment shall be paid by Tenant, and Tenant shall install, maintain and operate the Communications Equipment in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including, without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Communications Equipment by any governmental authority having jurisdiction (including, without limitation, the Federal Communication Commission and the Federal Aviation Administration). Tenant also shall comply with all reasonable rules and regulations that Landlord may adopt from time to time governing the use of Communications Equipment on the roof of the Building. Additionally, Tenant shall repair, or, at Landlord’s optionsole expense, reimburse Landlord for provided such relocation shall have no adverse impact on the cost of repairing, any damage to the roof or any other part operations of the Building caused by the installation, maintenance, repair, use or removal of the Communications Equipment. Tenant shall use and operate the Communications Rooftop Equipment so as not to interfere with the use of communications equipment placed on the roof by Landlord (including Landlord’s licensee(s)) or other tenants and occupants in the Building, or interfere with the operation or availability of the Building by Landlord or the use of adjoining properties by persons entitled theretosame to Tenant. Any claims Tenant shall be solely responsible for bodily injuryall charges, including deathif any, or property damage resulting from the installation, maintenance, use, repair or removal operation of the Communications Equipment shall be covered by Tenant’s indemnity and insurance obligations under the Lease; and, without limiting the foregoingRooftop Equipment. In addition, Tenant shall cause have the area right, without additional charge, to use available vertical risers, horizontal pathways for the placement of the roof used by Tenant for its Communications Equipment to be covered under Tenant’s commercial general liability insurance policy required under the Lease. Tenant fiber and other telecommunications / security cables, and Landlord shall not be entitled to grant permit interference with reception or assign to any third party (other than a permitted assignee use of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof) under the Lease) the right to use the Communications Equipment without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s sole discretion); and in any event, the Communications Equipment may be used by Tenant and its subtenants and assignees exclusively for the purpose of serving the business(es) conducted in the Premises by such parties from time to time. Upon reasonable advance notice to Tenant, Landlord shall be entitled to cause the Communications Equipment to be moved to another location on the roof, at Landlord’s cost and expense. Landlord and Tenant agree that the Communications Equipment shall remain the personal property of Tenant and shall not become a fixture. Accordingly, the Communications Equipment and appurtenances shall be removed by Tenant, at Tenant’s sole cost and expense, at the termination or any earlier expiration of the Lease Term, and the relevant portion of the roof and any other portions of the Building (including Building-Specific Common Areas) affected by the removal of the Communications Equipment and appurtenances shall be restored to their original condition, reasonable wear and tear excepted. Subject to the foregoing terms and conditions, Landlord shall provide Tenant with reasonable, non-exclusive access to the roof of the Building for the installation, maintenance, use, repair or removal of the Communications Equipmentinstallations.

Rooftop Communications Equipment. Without liability for rental or any other charges therefor, except as expressly stated hereunder, Tenant shall be granted the non-exclusive right permitted, at its sole cost and expense, to install on use the roof of the Building to install and operate thereon up to four two (42) microwave dishes/earth satellite dishes disks (including associated communications equipment), each of which shall be no larger than forty-eight (48) inches not to exceed 10' in diameter, ) and up to four two (42) antennaewhip antennae (collectively as "Rooftop Communications Equipment"), in locations as selected by Tenant and approved by Landlord, provided the size same (a) complies with all applicable governmental rules and dimensions regulations as well as applicable codes, (b) is within the allowable structural loading of which are the Building, (c) will not, in Landlord's reasonable judgment, adversely effect the exterior appearance of the Building, and (d) does not require roof penetrations other than as may be expressly permitted by Landlord's roof contractor so as to not affect Landlord's roof warranty. Tenant may use the Rooftop Communications Equipment so long as in accordance with applicable laws and regulations. Tenant shall be permitted to select a contractor of its choice (subject to Landlord’s prior written approval (collectively, 's approval) to undertake the “installation of the Rooftop Communications Equipment”), in location(s) approved in writing in advance by except that Landlord (such approval not reserves the right to be unreasonably withheld, conditioned require Tenant to use or delayed). The weight of involve Landlord's roof contractor if Landlord deems it necessary to preserve the Communications Equipment shall not exceed roof warranty or to otherwise maintain the load factor integrity of the roof. Prior to the installation of the Communications Equipment on the roof of the BuildingIn addition, Tenant shall submit plans be permitted to construct equipment enclosures, if required, in locations and specifications relative in form approved by Landlord, for accommodation of the Rooftop Communications Equipment. Tenant shall also have the right to install necessary conduit and sleeving from the roof to the type, size and proposed location points of connection within the Premises. Tenant shall be responsible for all costs of installation (including proposed screening) of the Communications Equipment to Landlord for review and written approval, not to be unreasonably withheld, conditioned or delayed, The Communications Equipment must be properly screened as determined by Landlord (in Landlord’s sole discretionstructural reinforcing), at Tenant’s sole cost. In connection with Tenant’s installation of repairs and maintenance (to both the Communications Equipment on equipment and the Building itself, including the roof, Landlord shall permit Tenant to install wires, conduits, and similar appurtenant facilities in the Building-Specific Common Areas (including using the Building’s risers, conduits and towers, subject to reasonable space limitations and Landlord’s requirements for use of such areas, for purposes of installing cabling from the Communications Equipment ) with respect to the Premises) to connect the Rooftop Communications Equipment with Tenant’s communications equipment located in the Premises, provided (i) such installation shall be completed pursuant to plans and specifications approved in writing in advance by Landlord and (ii) such installation and maintenance shall be at Tenant’s sole cost and expense and shall be completed in a good and workmanlike manner and pursuant to all other relevant terms and provisions in the Equipment. Upon termination of this Lease. Notwithstanding the foregoing to the contrary, any activities by Tenant or Tenant’s agents, employees, licensees, contractors or subcontractors under this Section 2 that will involve venting, opening, sealing, waterproofing or altering the roof shall be performed by Landlord’s roofing contractor or other roofing contractor approved in writing in advance by Landlord (in Landlord’s sole discretion), at Tenant’s expense, and Tenant shall ensure that any use of the roof by Tenant and Tenant’s agents, employees, contractors, invitees and guests shall be conducted in a manner that does not void or impair Landlord’s roof warranty. All costs associated with the installation, maintenance, use, repair and removal of the Communications Equipment shall be paid by Tenant, and Tenant shall install, maintain and operate the Communications Equipment in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including, without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Communications Equipment by any governmental authority having jurisdiction (including, without limitation, the Federal Communication Commission and the Federal Aviation Administration). Tenant also shall comply with all reasonable rules and regulations that Landlord may adopt from time to time governing the use of Communications Equipment on the roof of the Building. Additionally, Tenant shall repair, or, at Landlord’s option, reimburse Landlord for the cost of repairing, remove such equipment and repair any damage to the roof or any other part of the Building caused by the installation, maintenance, repair, use or removal of the Communications Equipmentand Building. Tenant shall use indemnify, defend and operate hold Landlord harmless from and against any cost, expense, liability, damage or other obligation arising from or in connection with the Rooftop Communications Equipment so as (which indemnity shall survive the termination of this Lease). If said Rooftop Communications Equipment is not removed, and all damage repaired, within 30 days after termination of this Lease, then said equipment shall become the property of Landlord and Tenant shall pay Landlord the cost to interfere with the use of communications equipment placed on remove same and to repair any damage to the roof by and Building. In the event Landlord (including Landlord’s licensee(s)) or other tenants and occupants in is not able to provide either the Building, or interfere with the operation of the Building by Landlord or the use of adjoining properties by persons entitled thereto. Any claims for bodily injury, including death, or property damage resulting from the installation, maintenance, use, repair or removal of the Communications Equipment shall be covered by Tenant’s indemnity and insurance obligations under the Lease; and, without limiting the foregoing, Tenant shall cause the area of the roof used by Tenant for its Communications Equipment to be covered under Tenant’s commercial general liability insurance policy required under the Lease. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof) under the Lease) the right to use the Communications Equipment without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s sole discretion); and in any event, the Communications Equipment may be used by Tenant and its subtenants and assignees exclusively for the purpose of serving the business(es) conducted in the Premises by such parties from time to time. Upon reasonable advance notice to Tenantmicrowave dish/earth satellite disks and/or whip antennae capacities referenced above, Landlord shall be entitled obligated to cause the Communications Equipment use reasonable efforts (without cost to be moved Landlord) to provide such capability in another location on adequate to provide for Tenant's transmission requirements substantially in accordance with the roof, at Landlord’s cost and expense. Landlord and Tenant agree that the Communications Equipment shall remain the personal property of Tenant and shall not become a fixture. Accordingly, the Communications Equipment and appurtenances shall be removed by Tenant, at Tenant’s sole cost and expense, at the termination or any earlier expiration of the Lease Term, and the relevant portion of the roof and any other portions of the Building (including Building-Specific Common Areas) affected by the removal of the Communications Equipment and appurtenances shall be restored to their original condition, reasonable wear and tear excepted. Subject to the foregoing above terms and conditions, Landlord shall provide Tenant with reasonable, non-exclusive access to the roof of the Building for the installation, maintenance, use, repair or removal of the Communications Equipment.

Rooftop Communications Equipment. Without obligation for rental or any other charges therefore, except as expressly stated hereunder, Tenant shall be granted permitted, at its sole cost and expense, during the non-exclusive right Term, to install on use the roof of the Building building to install and operate thereon up to four two (42) microwave dishes/earth satellite dishes (including associated communications equipment), each of which shall be no larger than forty-eight (48) inches in diameter, disks and up to four two (42) antennae, whip antennae (collectively the size and dimensions "ROOFTOP COMMUNICATIONS EQUIPMENT") for the exclusive use of which are subject to Landlord’s prior written approval (collectively, the “Communications Equipment”)Tenant, in location(s) locations as selected by Tenant and approved in writing in advance by Landlord (such which approval not to be unreasonably withheld, conditioned or delayed). The weight of the Communications Equipment shall not exceed the load factor of the roof. Prior to the installation of the Communications Equipment on the roof of the Building, Tenant shall submit plans and specifications relative to the type, size and proposed location (including proposed screening) of the Communications Equipment to Landlord for review and written approval, not to be unreasonably withheld, conditioned or delayed, The Communications Equipment must be properly screened as determined provided the same complies with all applicable governmental rules, regulations, ordinances and codes and is approved by Landlord (in Landlord’s sole discretion)as to plans, at Tenant’s sole costspecifications, location, weight and size. In connection with Tenant’s installation of During the Communications Equipment on the roofTerm, Landlord shall permit Tenant to install wires, conduitsnot install, and similar appurtenant facilities in shall prohibit the Building-Specific Common Areas (including using the Building’s risers, conduits and towers, subject to reasonable space limitations and Landlord’s requirements for use of such areas, for purposes of installing cabling from the Communications Equipment to the Premises) to connect the Communications Equipment with Tenant’s communications equipment located in the Premises, provided (i) such installation shall be completed pursuant to plans and specifications approved in writing in advance and/or operation by Landlord and (ii) such installation and maintenance shall be at Tenant’s sole cost and expense and shall be completed in a good and workmanlike manner and pursuant to all any other relevant terms and provisions in the Lease. Notwithstanding the foregoing to the contraryparty of, any activities by Tenant or Tenant’s agentsadditional microwave dishes/earth satellite disks, employeeswhip antennae, licensees, contractors or subcontractors under this Section 2 that will involve venting, opening, sealing, waterproofing or altering the roof shall be performed by Landlord’s roofing contractor or towers and/or other roofing contractor approved in writing in advance by Landlord (in Landlord’s sole discretion), at Tenant’s expense, and Tenant shall ensure that any use of the roof by Tenant and Tenant’s agents, employees, contractors, invitees and guests shall be conducted in a manner that does not void or impair Landlord’s roof warranty. All costs associated with the installation, maintenance, use, repair and removal of the Communications Equipment shall be paid by Tenant, and Tenant shall install, maintain and operate the Communications Equipment in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including, without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Communications Equipment by any governmental authority having jurisdiction (including, without limitation, the Federal Communication Commission and the Federal Aviation Administration). Tenant also shall comply with all reasonable rules and regulations that Landlord may adopt from time to time governing the use of Communications Equipment structures on the roof of the Buildingbuilding which shall be reasonably deemed by Landlord (after reasonable consultation with Tenant) to interfere with the existing Rooftop Communications Equipment. AdditionallyDuring the Term, Tenant shall repair, or, at Landlord’s option, reimburse Landlord for be permitted to select a contractor of its choice to undertake the cost of repairing, any damage to the roof or any other part installation of the Building caused by the installationRooftop Communications Equipment, maintenancesubject to Landlord's approval, repairwhich approval shall not be unreasonably withheld, use conditioned or removal delayed. In addition, Tenant shall be permitted to construct equipment enclosures, if required, in locations, design and materials to be mutually agreed upon, between Landlord and Tenant, for accommodation of the Rooftop Communications Equipment. Tenant shall use also have the right to install necessary conduit and operate the Communications Equipment so as not to interfere with the use of communications equipment placed on sleeving from the roof by Landlord (including Landlord’s licensee(s)) or other tenants and occupants in to the Building, or interfere with points of connection within the operation of the Building by Landlord or the use of adjoining properties by persons entitled thereto. Any claims for bodily injury, including death, or property damage resulting from the installation, maintenance, use, repair or removal of the Communications Equipment shall be covered by Tenant’s indemnity and insurance obligations under the Lease; and, without limiting the foregoing, Tenant shall cause the area of the roof used by Tenant for its Communications Equipment to be covered under Tenant’s commercial general liability insurance policy required under the LeasePremises. Tenant shall not be entitled to grant or assign to any third party responsible for all costs of installation (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative including structural reinforcing), repair and maintenance and removal with respect to the Premises (or a portion thereof) under the Lease) the right to use the Communications Equipment without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s sole discretion); and in any event, the Communications Equipment may be used by Tenant and its subtenants and assignees exclusively for the purpose of serving the business(es) conducted in the Premises by such parties from time to time. Upon reasonable advance notice to Tenant, Landlord shall be entitled to cause the Communications Equipment to be moved to another location on the roof, at Landlord’s cost and expense. Landlord and Tenant agree that the Communications Equipment shall remain the personal property of Tenant and shall not become a fixture. Accordingly, the Communications Equipment and appurtenances shall be removed by Tenant, at Tenant’s sole cost and expense, at the termination or any earlier expiration of the Lease Term, and the relevant portion of the roof and any other portions of the Building (including Building-Specific Common Areas) affected by the removal of the Communications Equipment and appurtenances shall be restored to their original condition, reasonable wear and tear excepted. Subject to the foregoing terms and conditions, Landlord shall provide Tenant with reasonable, non-exclusive access to the roof of the Building for the installation, maintenance, use, repair or removal of the Rooftop Communications Equipment.

Rooftop Communications Equipment. Tenant shall be granted the non-exclusive right to install on the roof of the Building up to four (4) satellite dishes (including associated communications equipment), each of which shall be no larger than forty-eight (48) inches in diameter, and up to four (4) antennae, the size and dimensions of which are subject to Landlord’s prior written approval (collectively, the “Communications Equipment”), in location(s) approved in writing in advance by Landlord (such approval not to be unreasonably withheld, conditioned or delayed). The weight of the Communications Equipment shall not exceed the load factor of the roof. Prior to the installation of the Communications Equipment on the roof of the Building, Tenant shall submit plans and specifications relative to the type, size and proposed location (including proposed screening) of the Communications Equipment to Landlord for review and written approval, not to be unreasonably withheld, conditioned or delayed, The Communications Equipment must be properly screened as determined by Landlord (in Landlord’s sole discretion), at Tenant’s sole cost. In connection with Tenant’s installation of the Communications Equipment on the roof, Landlord shall permit Tenant to install wires, conduits, and similar appurtenant facilities in the Building-Specific Common Areas (including using the Building’s risers, conduits and towers, subject to reasonable space limitations and Landlord’s requirements for use of such areas, for purposes of installing cabling from the Communications Equipment to the Premises) to connect the Communications Equipment with Tenant’s communications equipment located in the Premises, provided (i) such installation shall be completed pursuant to plans and specifications approved in writing in advance by Landlord and (ii) such installation and maintenance shall be at Tenant’s sole cost and expense and shall be completed in a good and workmanlike manner and pursuant to all other relevant terms and provisions in the Lease. Notwithstanding the foregoing to the contrary, any activities by Tenant or Tenant’s agents, employees, licensees, contractors or subcontractors under this Section 2 that will involve venting, opening, sealing, waterproofing or altering the roof shall be performed by Landlord’s roofing contractor or other roofing contractor approved in writing in advance by Landlord (in Landlord’s sole discretion), at Tenant’s expense, and Tenant shall ensure that any use of the roof by Tenant and Tenant’s agents, employees, contractors, invitees and guests shall be conducted in a manner that does not void or impair Landlord’s roof warranty. All costs associated with the installation, maintenance, use, repair and removal of the Communications Equipment shall be paid by Tenant, and Tenant shall may install, maintain and operate the Communications Equipment in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including, without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Communications Equipment by any governmental authority having jurisdiction (including, without limitation, the Federal Communication Commission and the Federal Aviation Administration). Tenant also shall comply with all reasonable rules and regulations that Landlord may adopt from time to time governing the use of Communications Equipment on the roof of the Building. Additionally, Tenant shall repair, or, at Landlord’s option, reimburse Landlord for the cost of repairing, any damage to the roof or any other part of the Building caused by the installation, maintenance, repair, use or removal of the Communications Equipment. Tenant shall use and operate the Communications Equipment so as not to interfere with the use of communications equipment placed on the roof by Landlord (including Landlord’s licensee(s)) or other tenants and occupants in the Building, or interfere with the operation of the Building by Landlord or the use of adjoining properties by persons entitled thereto. Any claims for bodily injury, including death, or property damage resulting from the installation, maintenance, use, repair or removal of the Communications Equipment shall be covered by Tenant’s indemnity and insurance obligations under the Lease; and, without limiting the foregoing, Tenant shall cause the area of the roof used by Tenant for its Communications Equipment to be covered under Tenant’s commercial general liability insurance policy required under the Lease. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof) under the Lease) the right to use the Communications Equipment without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s sole discretion); and in any event, the Communications Equipment may be used by Tenant and its subtenants and assignees exclusively for the purpose of serving the business(es) conducted in the Premises by such parties from time to time. Upon reasonable advance notice to Tenant, Landlord shall be entitled to cause the Communications Equipment to be moved to another location on the roof, at Landlord’s cost and expense. Landlord and Tenant agree that the Communications Equipment shall remain the personal property of Tenant and shall not become a fixture. Accordingly, the Communications Equipment and appurtenances shall be removed by Tenant, at Tenant’s sole cost and expense, at but without the termination payment of any rent or any earlier expiration a license or similar fee or charge, a satellite or microwave dish or other communications, HVAC or other equipment servicing the business conducted by Tenant from within the Premises (all such equipment, including non-telecommunication equipment is, for the sake of convenience, defined collectively as the “Telecommunications Equipment”) upon the roof of the Lease TermBuilding, for Tenant’s personal use and not for any other commercial purpose. The physical appearance and the relevant size of the Telecommunications Equipment shall be subject to Landlord’s reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Tenant subject to Landlord’s reasonable approval and Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant’s sole cost and expense, as reasonably required by Landlord. Tenant shall maintain such Telecommunications Equipment at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Telecommunication Equipment, then Tenant shall give Landlord prior notice thereof. Such Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord, which approval will not be unreasonably withheld, conditioned, or delayed. Upon Landlord’s written demand, Tenant shall reimburse to Landlord the actual out-of pocket costs reasonably incurred by Landlord in approving such Telecommunications Equipment. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination of this Lease and shall return the affected portion of the roof rooftop and any other portions of the Building to the condition the rooftop and the Building would have been in had no such Telecommunications Equipment been installed (including Building-Specific Common Areas) affected by the removal of the Communications Equipment and appurtenances shall be restored to their original condition, reasonable wear and tear excepted). Subject to the foregoing terms and conditionsSuch Telecommunications Equipment shall, Landlord shall provide Tenant in all instances, comply with reasonable, non-exclusive access to the roof of the Building for the installation, maintenance, use, repair or removal of the Communications Equipmentapplicable Laws.