Common use of Rooftop Deck Clause in Contracts

Rooftop Deck. Subject to Tenant’s compliance with all applicable Laws and this Section 23.2, Tenant shall have the right to use a portion of the roof of the Building to install a deck (the “Roof Deck”) for the sole purpose of providing outside lounge space and meeting space for Tenant’s employees, invitees, guests, and visitors, and for receptions. Tenant shall not be entitled to use the Roof Deck for any other purpose whatsoever. Landlord makes no representation that necessary permits and approvals to install the Roof Deck can be obtained or that Tenant’s use of the Roof Deck is permitted by governmental laws, rules and regulations. The installation of the Roof Deck, if at all, shall be made after the completion of the Tenant Improvements and shall constitute an Alteration to be performed by Tenant, at Tenant’s sole cost and expense, in accordance with and subject to the provisions of Article 8 above. The portion of the roof of the Building where the Roof Deck is situated shall be deemed to be a portion of the Premises; consequently, all of the provisions of the Lease with respect to Tenant’s obligations hereunder shall apply to the installation, use, maintenance and cleaning of the Roof Deck, including without limitation, provisions relating to compliance with requirements as to insurance, indemnity, repairs and maintenance; provided, however, Tenant shall not be required to pay any Base Rent or Additional Rent for the use of the Roof Deck nor shall such area be included with any rentable area calculations for purposes of this Lease. Landlord may require that Tenant install, at Tenant’s expense, safety fencing or other perimeter boundary improvements to separate the Roof Deck from the remaining areas of the roof. The cost of installing and maintaining the Roof Deck shall be borne solely by Tenant. Tenant shall be responsible for all taxes and charges imposed for any of Tenant’s personal property in the Roof Deck and shall comply with all rules and regulations promulgated by Landlord with regard to Tenant’s use of the Roof Deck. Tenant shall not make any alterations to the Roof Deck without the prior written consent of Landlord, which consent may be withheld by Landlord in its sole and absolute discretion. Unless required as part of the governmental approvals for the installation and use of the Roof Deck, Tenant shall not be required to remove the Roof Deck at the expiration or earlier termination of this Lease.

Rooftop Deck. Subject to Tenant’s compliance with all applicable Laws and this Section 23.2, Tenant shall have the right to use a portion of the roof of the Building to install a deck (the “Roof Deck”) for the sole purpose of providing outside lounge space and meeting space for Tenant’s employees, invitees, guests, and visitors, and for receptions. Tenant shall not be entitled to use the Roof Deck for any other purpose whatsoever. Landlord makes no representation that necessary permits and approvals to install the Roof Deck can be obtained or that Tenant’s use of the Roof Deck is permitted by governmental laws, rules and regulations. The installation of the Roof Deck, if at all, shall be made after the completion of the Tenant Improvements and shall constitute an Alteration to be performed by Tenantinstall, at Tenant’s sole cost and expense, in accordance with a deck on the Building’s roof for exclusive use of Tenant and the Tenant Parties (the “Rooftop Deck”), subject to the provisions following terms and conditions: (i) the surface area of Article 8 above. The portion the Rooftop Deck shall not in any event exceed 28.62% of the total rooftop area that may be improved with rooftop decks under Applicable Laws, and must be located within the envelope of the area shown on Exhibit L, and (ii) the precise location, design, and layout of the Rooftop Deck and all means of access to the Rooftop Deck, and the plans and specifications therefor, are subject to Landlord’s prior written approval, pursuant to the procedures under which the Tenant Improvements are to be reviewed and approved by Landlord under the Work Letter (Tenant acknowledges and agrees that, without limiting the generality of the foregoing, it shall be reasonable for Landlord to disapprove any the Rooftop Deck if it exceeds roof load limitations, or if it exceeds the height of the roof parapet), (iii) Tenant shall, at Tenant’s sole cost, pursue all necessary governmental permits, and any approvals required under the Applicable Laws, to allow Tenant to construct and use the Rooftop Deck; provided, that, Landlord shall cooperate with Tenant to obtain necessary governmental permits, and any approvals; (iv) the Rooftop Deck shall be used only by Tenant’s employees and guests and not the general public (provided, however, that Landlord reserves, for itself and all other building occupants, invitees, and guests, the right to use the balance of the Building where roof); (v) Tenant shall, at its sole cost and expense, repair and maintain in good and attractive condition any planter boxes, wind barriers, space heaters, table, chairs, umbrellas and like equipment located on the Roof Rooftop Deck is situated (the “Rooftop Property”), and all of such Rooftop Property must be (1) approved by Landlord before being placed on the Rooftop Deck; and (2) safely attached or installed so as to not create a safety hazard; (vi) Tenant shall be deemed to be a portion not use the Rooftop Deck in violation of the Premises; consequently, all Applicable Laws (Landlord makes no representation or warranty as to the suitability or lawfulness of the provisions Rooftop Deck for the use contemplated by this Section); (vii) Tenant acknowledges that the waiver and release in Section 16.1 of the this Lease with respect to Tenant’s obligations hereunder shall apply to the installation, use, maintenance and cleaning of the Roof Rooftop Deck, including without limitation, provisions relating to compliance with requirements as to insurance, indemnity, repairs and maintenance; provided, however, Tenant shall not be required to pay any Base Rent or Additional Rent for the use of the Roof Deck nor shall such area be included with any rentable area calculations for purposes indemnification obligation set forth in Section 16.2 of this Lease. Lease shall include an obligation to indemnify Landlord may require that Tenant installagainst any liability, at Tenant’s expense, safety fencing injury or other perimeter boundary improvements to separate the Roof Deck from the remaining areas damage arising out of the roof. The cost of installing and maintaining the Roof Deck shall be borne solely by Tenant. Tenant shall be responsible for all taxes and charges imposed for any of Tenant’s personal property in the Roof Deck and shall comply with all rules and regulations promulgated by Landlord with regard to Tenant’s use of the Roof Rooftop Deck. , and that Tenant’s insurance obligations under Section 14 of this Lease shall apply to the Rooftop Deck (and Tenant assumes all risk of damage to the Rooftop Property, and waives any claims in respect thereto against Landlord); (viii) Tenant shall not make take such steps as necessary to keep the Rooftop Deck in good condition and repair, and clean and free of debris (or Landlord may elect, in its reasonable discretion following ten (10) business days’ notice to Tenant with Tenant’s failure to cure, to undertake some or all of such steps, in which case Tenant shall reimburse Landlord the reasonable cost thereof, within ten (10) days of receipt of a statement therefor); (ix) notwithstanding any contrary provision of this Lease, all costs relating to or any in manner associated with the installation, maintenance, use, or removal of the Rooftop Deck (including, without limitation, any roof repairs or modifications, any structural alterations to the Roof Deck without Building necessary to accommodate the prior written consent of Landlord, which consent may be withheld by Landlord in its sole and absolute discretion. Unless required as part of the governmental approvals for the installation and use of the Roof Rooftop Deck, and increased Building insurance costs) shall be borne entirely by Tenant; (x) Landlord may, at Landlord’s option, require Tenant shall not be required to remove the Roof Rooftop Deck at and repair all damage to the roof and Building caused by the installation and/or removal of the Rooftop Deck, not later than thirty (30) days after the expiration or earlier termination of this Lease; (xi) Tenant shall, at Tenant’s sole cost and expense, protect the roof from damage, and shall perform all installations, repairs and maintenance and use the roof in a manner so as to keep in full force and effect any warranty concerning the roof; (xii) in all cases, Tenant shall use the roofing contractor designated by Landlord to perform any roof penetration or other work that may affect the integrity of the roof or the roof warranty; (xiii) any damage to the roof or any other portion of the Building resulting from Tenant’s installation, operation, use, maintenance or removal of the Rooftop Deck, including leakage, water damage or damage to the roof membrane, shall be repaired by Landlord at Tenant’s sole cost and expense; (xiv) Tenant will not allow the Rooftop Deck to be used in any manner that creates a nuisance or is a safety hazard; (xv) there shall be no smoking, on the Rooftop Deck or roof; (xvi) there shall be no cooking or other food preparation on the Rooftop Deck or roof; (xvii) Tenant will not allow any music (or other noise), odors, lights, or other activities on the Rooftop Deck or roof that would unreasonably annoy other occupants of the Project; (xviii) during Building Standard Hours, there shall be no organized functions pursuant to which alcoholic beverages served or consumed on the Rooftop Deck or roof without Landlord’s prior consent, which consent may be withheld in Landlord’s reasonable discretion; (xix) the maximum occupancy level for the Rooftop Deck shall not exceed 28.62% of the total number of persons permitted to be on the roof under Applicable Laws; and (xx) Landlord and Landlord’s agents shall have the right to cross the Rooftop Deck if necessary to safely exit the roof. The Rooftop Deck shall be exclusive to Tenant and the Tenant Parties, Tenant’s subtenants and assigns and may not be used by Landlord or any other occupant of the Project.

Rooftop Deck. Subject to Tenant’s compliance with all applicable Laws and this Section 23.2, Tenant shall have the exclusive right to use install a portion of deck on the roof of the Building to install a deck (the “Roof Deck”) for the use of Tenant's employees as a "break" area. The deck shall not exceed six thousand (6,000) square feet in area and shall be located on the roof in an area approved by Landlord which approval Landlord shall not unreasonably withhold. Installation and maintenance of the deck shall be at Tenant's sole purpose of providing outside lounge space and meeting space for Tenant’s employees, invitees, guestsexpense, and visitors, and for receptionsshall be subject to all of the requirements with respect to alterations set forth in Section 11 of this Lease. Tenant shall not be entitled to use strictly liable for the Roof Deck repair of and payment for any other purpose whatsoever. Landlord makes no representation that necessary permits and approvals to install the Roof Deck can be obtained damages caused by or that Tenant’s resulting from roof damage caused by installation or use of the Roof Deck is permitted by governmental laws, rules deck. Construction and regulations. The installation use of the Roof Deckdeck shall comply with all applicable safety regulations, if at allbuilding codes, shall be made after and any requirements or restrictions imposed by any insurer issuing liability or property insurance in connection with the completion of the Building. Tenant Improvements and shall constitute an Alteration understands that access to be performed by Tenant, at Tenant’s sole cost and expense, in accordance with and subject to the provisions of Article 8 above. The portion of the roof of the Building where is limited. Landlord shall have no obligation to improve such access. In the Roof Deck event such access is situated required to be improved due to the application of the Americans with Disabilities Act or pursuant to any other law, Tenant shall at its sole expense effect such access improvements unless the improvements are required solely as a result of use of the rooftop by Landlord or another tenant of Landlord. If the access improvements are required due to a combination of the use by Tenant and other tenants or Landlord, then the cost to effect such access improvements will be equitably divided between the relevant parties in a manner determined by Landlord. If the access improvements would not be required if Tenant ceased use of the rooftop deck, then Tenant shall be relieved of any obligation to make such access improvements if Tenant agrees to cease use of the rooftop deck and complies with such requirements as may be imposed by the relevant governing agency as a condition of rescinding the requirement of access improvements. For all purposes under this Lease, the rooftop deck shall be deemed to be a portion part of the Premises; consequently, all of the provisions of the Lease with respect to Tenant’s obligations hereunder shall apply to the installation, use, maintenance and cleaning of the Roof Deck, including without limitation, provisions relating to compliance with requirements as to insurance, indemnity, repairs and maintenance; provided, however, Tenant shall not be required to pay any Base additional Basic Rent or Additional Rent for the use any greater Pro Rata Share of the Roof Deck nor shall Excess Operational Expenses as a result of such area be included with any rentable area calculations for purposes of this Lease. Landlord may require that Tenant install, at Tenant’s expense, safety fencing or other perimeter boundary improvements to separate the Roof Deck from the remaining areas of the roof. The cost of installing and maintaining the Roof Deck shall be borne solely by Tenant. Tenant shall be responsible for all taxes and charges imposed for any of Tenant’s personal property in the Roof Deck and shall comply with all rules and regulations promulgated by Landlord with regard to Tenant’s use of the Roof Deck. Tenant shall not make any alterations to the Roof Deck without the prior written consent of Landlord, which consent may be withheld by Landlord in its sole and absolute discretion. Unless required as part of the governmental approvals for the installation and use of the Roof Deck, Tenant shall not be required to remove the Roof Deck at the expiration or earlier termination of this Leaserooftop deck.

Rooftop Deck. Subject to Tenant’s compliance Provided there is no Tenant Default then in effect, and provided further that Tenant complies with all applicable Laws zoning and this Section 23.2other municipal and county rules and regulations, Tenant shall have the right right, at Tenant’s own cost and expense and subject to use the terms hereof, to construct a portion of deck on the roof of the Building to install a deck (the “Roof Rooftop Deck”) for the sole purpose use of providing outside lounge space and meeting space for Tenant’s employees, employees and their invitees, guests, and visitors, and ; the Rooftop Deck shall not be used for receptionspublic gatherings. Tenant shall not be entitled to use the Roof Deck solely responsible for obtaining any other purpose whatsoever. Landlord makes no representation that necessary permits and approvals licenses required to install construct and operate the Roof Deck can Rooftop Deck. Copies of all such permits and licenses shall be obtained or that Tenant’s use provided to Landlord prior to the start of construction on the Roof Deck is permitted by Rooftop Deck. All construction must comply with all Landlord and governmental lawssafety, rules security, and regulationsinsurance requirements. The installation of the Roof Deck, if at all, shall Rooftop Deck must be made after the completion of the Tenant Improvements maintained in good condition and shall constitute an Alteration to be performed by Tenantrepair, at Tenant’s sole cost and expense, and be kept in accordance with and subject a clean condition by Tenant at all times. Any increase in Landlord’s insurance costs due to the provisions of Article 8 above. The portion of the roof of the Building where the Roof Deck is situated shall be deemed to be a portion of the Premises; consequently, all of the provisions of the Lease with respect to Tenant’s obligations hereunder shall apply to the installation, use, maintenance and cleaning of the Roof Deck, including without limitation, provisions relating to compliance with requirements as to insurance, indemnity, repairs and maintenance; provided, however, Tenant shall not be required to pay any Base Rent construction or Additional Rent for the use of the Roof Deck nor shall such area be included with any rentable area calculations for purposes of this Lease. Landlord may require that Tenant install, at Tenant’s expense, safety fencing or other perimeter boundary improvements to separate the Roof Deck from the remaining areas of the roof. The cost of installing and maintaining the Roof Rooftop Deck shall be borne solely by the Tenant. The design and manner of installation of the Rooftop Deck shall be approved by Landlord prior to any work being performed on the Rooftop Deck, which approval shall not be unreasonably withheld, conditioned, or delayed. After obtaining written approval of Landlord, Tenant shall have reasonable access to the roof to construct the Rooftop Deck. However, unless otherwise approved by Landlord in writing, in no event shall Tenant be permitted to penetrate the roof membrane in connection with the construction of the Rooftop Deck. No permitted roof penetration shall be made so as to invalidate Landlord’s roof warranty. Tenant shall also be solely responsible to make (or reimburse Landlord, at Landlord’s option, for all taxes the making of) any repairs necessary to repair subsequent leaks occasioned by the construction and charges imposed installation of the Rooftop Deck. Notwithstanding the grant of this right, Landlord shall maintain control over the roof of the Building, and nothing herein shall be deemed Landlord’s consent for Tenant to use the roof for any of Tenant’s personal property in other purpose than the Roof Deck and shall comply with all rules and regulations promulgated by Landlord with regard to Tenant’s use of the Roof Deck. Tenant shall not make any alterations to the Roof Deck without the prior written consent of Landlordinstallation, which consent may be withheld by Landlord in its sole and absolute discretion. Unless required as part of the governmental approvals for the installation operation, maintenance, and use of the Roof Deck, Rooftop Deck in conjunction with Tenant’s lease of the Premises. Under no circumstances shall Tenant shall not rent the Rooftop Deck or cause it to be required available to remove the Roof Deck at the expiration or earlier termination of this Leasethird (3rd) parties.