Common use of Rooftop Deck Clause in Contracts

Rooftop Deck. Subject to the terms and conditions contained in this Section 1.1.4 and elsewhere in this Lease, commencing as of the Lease Commencement Date, Tenant shall have an exclusive license during the Lease Term to use that certain rooftop deck adjacent to and accessible from the Suite 700 Premises (the “Suite 700 Deck”) and that certain rooftop deck adjacent to and accessible from the Suite 900 Premises (the “Suite 900 Deck”) as more particularly shown on Exhibit A attached hereto (collectively, the “Rooftop Decks”). The Rooftop Decks shall be included in the rentable square feet of the Premises for purposes of this Lease. The license to use the Rooftop Decks granted to Tenant hereby is personal to the “Original Tenant,” as that term is defined in Section 1.3, and any “Permitted Transferee,” as that term is defined in Section 14.8 of this Lease, except as provided below. In the event that Tenant desires to “Transfer” (as that term is defined in Section 14.1 below) its license to use the Rooftop Deck to any party other than the “Original Tenant” (as that term is defined in Section 1.3, below), then such Transfer shall be subject to Landlord’s prior written consent in accordance with the terms of Article 14 below, except that a Transfer of the license to use the Rooftop Deck to a Permitted Transferee shall not require Landlord’s consent; provided, however, that Landlord’s consent to a Transfer of the license to use the Rooftop Deck shall be deemed given in connection with a Transfer approved by Landlord (or deemed approved by Landlord) in accordance with the TCCs of Article 14. Tenant shall accept the Rooftop Decks in their “as-is” condition (subject to improvements to be performed on the Roof Decks by Tenant pursuant to the Work Letter and the corresponding application of a portion of the “Suite 700 Allowance” and a portion of the “Suite 900 Allowance” as those terms are defined in Section 2.1 of the Tenant Work Letter), and Landlord shall not be obligated to provide or pay for any work or services related to the improvement of the Rooftop Decks. In the event the usable square footage, as permitted by Applicable Law, of the Rooftop Decks increase due to any improvements made to such Rooftop Decks by Tenant, then the size of the Premises shall be increased, Tenant shall be required to pay Base Rent on such increased square footage, and Landlord and Tenant shall enter into an amendment to this Lease documenting such increases. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Rooftop Decks or the compliance of the Rooftop Decks with any applicable laws, statutes, ordinances or other governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated. Tenant shall provide routine janitorial services to the Rooftop Decks as needed to maintain the same in good, clean condition. Tenant shall have no right to alter, change or make improvements to the Rooftop Decks (except pursuant to the terms of the Tenant Work Letter), other than cosmetic, non-structural alterations which shall be subject to Landlord’s prior written approval, in Landlord’s reasonable discretion (and in the event that Landlord approves such alterations (the “Approved Deck Alterations”) then the TCCs of Section 1.2 and Sections 8.2 through 8.5 below shall apply). Landlord, in its sole discretion, may require that automatic closures be installed, at Tenant’s sole cost and expense, and be used on any operable doors to the Rooftop Decks, and Tenant hereby agrees that Landlord shall be permitted to store certain equipment (such as window washing equipment) on the portions of the Roof Decks which are not usable by Tenant. Tenant shall keep the doors to the Rooftop Decks closed and shall not prop open the same. If the opening of the doors to the Rooftop Decks affects the balancing of the heating, air conditioning and ventilation system serving the Premises or serving any other portion of the Building, then any repairs which may be necessary as a result thereof shall be performed at Tenant’s sole cost and expense. Landlord shall maintain the Rooftop Decks as part of the “Building Structure,” as that term is defined in Section 7.1, below, in accordance with the TCCs of Section 7.1, below, and shall have the right to make any and all necessary repairs, replacements and improvements to the Rooftop Decks. Tenant shall not place on or affix to the Rooftop Decks any furniture, fixtures, plants or other items of any kind or nature whatsoever. Notwithstanding the foregoing, but subject to the TCCs of this Section 1.1.4 and the load requirements of the Rooftop Decks, Tenant shall have the right to place and maintain shrubbery and bushes (collectively, the “Deck Plants”) and furniture (including, without limitation, chairs, tables, and/or trash receptacles) (collectively, “Deck Furniture”) on the Rooftop Decks; provided that the same are appropriately secured in such a manner that does not penetrate the membrane of the Rooftop Decks or compromise its performance; and further provided that, all Deck Plants and Deck Furniture, and the method by which the same are secured, shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld. Notwithstanding Landlord’s review and approval of the Deck Plants, the Deck Furniture or the method by which the same are secured, Tenant shall remain solely liable for any liability arising out of the placement of the Deck Plants and/or the Deck Furniture on the Rooftop Decks, and Landlord shall have no liability in connection therewith. Tenant shall remove any Deck Plants and Deck Furniture from the Rooftop Decks upon the expiration or earlier termination of this Lease, or upon the termination of Tenant’s rights under this Section 1.1.4, and shall return the affected portion of the Rooftop Decks to the condition the Rooftop Decks would have been in had no such Deck Plants or Deck Furniture been installed, reasonable wear and tear excepted. Tenant shall not be permitted to display any graphics, signs or insignias or the like on the Rooftop Decks. Landlord shall have the right to make any improvements to the Rooftop Decks or display any graphics, plants or other items from the Rooftop Decks which it desires in its sole discretion in connection with overall Building or Project graphics or improvements. No smoking shall be permitted

Rooftop Deck. (i) Subject to the further terms of this Paragraph and conditions contained in this Section 1.1.4 all applicable laws, ordinances, restrictions, rules and elsewhere in this Leaseregulations, commencing as of well as all applicable covenants, restrictions or deed restrictions affecting the Lease Commencement Date, Tenant shall have an exclusive license during the Lease Term to use that certain rooftop deck adjacent to and accessible from the Suite 700 Premises (the “Suite 700 Deck”) and that certain rooftop deck adjacent to and accessible from the Suite 900 Premises (the “Suite 900 Deck”) as more particularly shown on Exhibit A attached hereto Project (collectively, the “Rooftop DecksApplicable Rules and Restrictions”). The , Tenant shall have the exclusive use of the Fifth Floor rooftop deck (the “Rooftop Decks Deck”), as further shown on Exhibit A-1 attached hereto and incorporated herein for all purposes, but all costs to design, engineer, permit, construct, structurally reinforce and provide proper exiting (including design and construction of additional and/or expanded stairs and/or any Staircase Work (as defined below)) for said Rooftop Deck (the “Rooftop Deck Work”) shall be included in the rentable square feet of the Premises for purposes of this LeaseTenant’s responsibility. The license to use the Rooftop Decks granted to Tenant hereby is personal has elected to the “Original Tenant,” as that term is defined in Section 1.3, and any “Permitted Transferee,” as that term is defined in Section 14.8 of this Lease, except as provided below. In the event that Tenant desires to “Transfer” (as that term is defined in Section 14.1 below) its license to use construct the Rooftop Deck and Landlord agrees to any party other than provide an additional allowance equal to $416,440.00 (which is equal to $5.00 per square foot of Rentable Area of the Premises) (the “Original Tenant” (as that term is Rooftop Allowance”) towards the cost of such Rooftop Deck Work, which such additional allowance shall be added to and considered to be part of the Tenant Improvement Allowance defined in Section 1.3Item 18 of the Basic Lease Provisions of the Lease. Except as set forth below with respect to the Staircase Work, belowthe plans for such Rooftop Deck Work shall be prepared by Tenant and approved by Landlord in accordance with the terms of Exhibit B attached hereto; provided, however, notwithstanding anything herein to the contrary, Landlord and its designated contractor shall construct, at Tenant’s cost and expense but subject to the application of the Rooftop Allowance, all infrastructure and other structural aspects of such Rooftop Deck Work (including, without limitation, any water proofing, exiting, life safety related work and other applicable code related work relating to such infrastructure or structural aspects) (the “Landlord Responsibility Rooftop Deck Work”) and the costs incurred by Landlord in connection with such Rooftop Deck Work and Landlord’s Responsibility Rooftop Deck Work (including a Landlord’s management fee with respect to such Rooftop Deck Work equal to two percent (2%) of the cost of the Landlord Responsibility Rooftop Deck Work and one percent (1%) of the cost of the portion of the Rooftop Deck Work being performed by Tenant) shall be deducted from the Rooftop Allowance and, if such allowance is insufficient to satisfy such costs, payable by Tenant within thirty (30) days after demand. All other Rooftop Deck Work not included within the Landlord Responsibility Rooftop Deck Work shall be performed by Tenant at its cost (but subject to the application of the Rooftop Allowance). In connection with the Landlord Responsibility Rooftop Deck Work, then Landlord agrees to enforce that the chosen contractor bid it to three (3) subcontractors per trade, with Tenant selecting one (1) of such Transfer subcontractors (which such subcontractor shall be subject to Landlord’s prior written consent reasonable approval) and Landlord selecting the other two (2) subcontractors per trade. Landlord shall utilize the lowest qualifying subcontract bid for each applicable trade. Tenant shall be permitted to utilize its own contractors (which are reasonably approved by Landlord and otherwise in compliance with the terms of Exhibit B hereof) for any cosmetic components of the Rooftop Work (which such cosmetic components shall be subject to Landlord’s reasonable approval) inclusive of finished deck wood/pedestals, deck railing and exterior window wall modifications. Landlord’s contractors and Tenant’s contractors may be performing their respective construction work concurrently and both parties agree to use reasonable efforts in order to minimize interference with the other party’s work. The disbursement of said additional allowance and the design, approval and construction of all such Rooftop Deck Work (including Landlord’s approval thereof) shall be performed in accordance with the terms of Article 14 below, except that a Transfer Exhibit B attached hereto and incorporated herein for all purposes with respect to the completion of the license Tenant Improvements. If Tenant fails to utilize such Rooftop Allowance within six (6) months after the Commencement Date (subject to extension on a day for day basis for Force Majeure Delays and Landlord Caused Delays) for the Rooftop Deck Work then Tenant shall forfeit all rights to said Rooftop Allowance. In no event shall Tenant be permitted to use such Rooftop Allowance for anything other than the Rooftop Deck Work, including all associated structural modifications and addition of the staircase required for egress. In the event any machinery, equipment or facilities of the Building are required to be modified or relocated as a result of Tenant’s use of the Rooftop Deck, Tenant shall be responsible for all costs associated with any such modifications or relocations. In no event, however, shall Tenant be permitted to use the Rooftop Deck to a Permitted Transferee shall not require Landlord’s consent; provided, however, that Landlord’s consent to a Transfer of the license to use or complete the Rooftop Deck shall be deemed given Work in connection a manner that would interfere with a Transfer approved by Landlord (any other tenant or deemed approved by Landlord) in accordance with the TCCs of Article 14. Tenant shall accept the Rooftop Decks in their “as-is” condition (subject to improvements to be performed on the Roof Decks by Tenant pursuant to the Work Letter and the corresponding application of a portion occupant of the “Suite 700 Allowance” and a portion of the “Suite 900 Allowance” as those terms are defined in Section 2.1 of the Tenant Work Letter), and Landlord shall not be obligated to provide or pay for any work or services related to the improvement of the Rooftop Decks. In the event the usable square footage, as permitted by Applicable Law, of the Rooftop Decks increase due to any improvements made to such Rooftop Decks by Tenant, then the size of the Premises shall be increased, Tenant shall be required to pay Base Rent on such increased square footage, and Landlord and Tenant shall enter into an amendment to this Lease documenting such increases. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Rooftop Decks or the compliance of the Rooftop Decks with any applicable laws, statutes, ordinances or other governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated. Tenant shall provide routine janitorial services to the Rooftop Decks as needed to maintain the same in good, clean condition. Tenant shall have no right to alter, change or make improvements to the Rooftop Decks (except pursuant to the terms of the Tenant Work Letter), other than cosmetic, non-structural alterations which shall be subject to Landlord’s prior written approval, in Landlord’s reasonable discretion (and in the event that Landlord approves such alterations (the “Approved Deck Alterations”) then the TCCs of Section 1.2 and Sections 8.2 through 8.5 below shall apply). Landlord, in its sole discretion, may require that automatic closures be installed, at Tenant’s sole cost and expense, and be used on any operable doors to the Rooftop Decks, and Tenant hereby agrees that Landlord shall be permitted to store certain equipment (such as window washing equipment) on the portions of the Roof Decks which are not usable by Tenant. Tenant shall keep the doors to the Rooftop Decks closed and shall not prop open the same. If the opening of the doors to the Rooftop Decks affects the balancing of the heating, air conditioning and ventilation system serving the Premises or serving any other portion of the Building, then any repairs which may be necessary as a result thereof shall be performed at Tenant’s sole cost and expense. Landlord shall maintain the Rooftop Decks as part of the “Building Structure,” as that term is defined in Section 7.1, below, in accordance with the TCCs of Section 7.1, below, and shall have the right to make any and all necessary repairs, replacements and improvements to the Rooftop Decks. Tenant shall not place on or affix to the Rooftop Decks any furniture, fixtures, plants or other items of any kind or nature whatsoever. Notwithstanding the foregoing, but subject to the TCCs of this Section 1.1.4 and the load requirements of the Rooftop Decks, Tenant shall have the right to place and maintain shrubbery and bushes (collectively, the “Deck Plants”) and furniture (including, without limitation, chairsany alteration or improvement that would be visible from or take any other tenant’s space or that would impact the space of any other tenant) with the exception of the access staircases which may impact other floors and may require modifications to the façade and interior spaces for fire rated walls (the “Staircase Work”). Tenant will indemnify and hold Landlord harmless from any claims arising from any existing tenants or occupants due to the installation of the Staircase Work. The Staircase Work shall be designed by Landlord’s architect and shall be considered part of the Landlord Responsibility Rooftop Deck Work; provided, however, notwithstanding anything herein to the contrary, Tenant shall pay for all costs associated with the Staircase Work as set forth in Exhibit O attached hereto (the “Baseline Staircase Work”) and in the event Landlord makes any changes to the Baseline Staircase Work that results in an aggregate increase cost to complete the Staircase Work, then Landlord shall pay for the incremental increase in costs arising from the modifications to the Baseline Staircase Work (however, it is acknowledged by Tenant that if Landlord makes any change or changes to the Baseline Staircase Work that are cost neutral or create a reduction in the costs then Tenant shall be responsible for all such costs even though it is a change in the Baseline Staircase Work and the determination of whether there are any increase in costs in the Baseline Staircase Work shall be made on an aggregate basis over all changes made rather than on an individual basis). The Staircase Work shall include a certain type of railing/deck stairs. Notwithstanding anything herein to the contrary, in no event shall Tenant be required to remove any portion of the Rooftop Deck Work at the expiration or earlier termination of the Lease; provided, however, Tenant shall remove its personal property, furniture, fixtures and equipment from the Rooftop Deck at the expiration or earlier termination of the Lease. Tenant shall be permitted to place a barbeque, cabanas, firepit, artificial lawn, decorations, tables, and/or trash receptacles) (collectivelychairs and furniture within such Rooftop Deck, “Deck Furniture”) on provided, however, the Rooftop Decks; provided that the same are appropriately secured in aesthetics, size and location of such a manner that does not penetrate the membrane of the Rooftop Decks or compromise its performance; barbeque, cabanas, firepit, artificial lawn, decorations, tables, chairs and further provided that, all Deck Plants and Deck Furniture, and the method by which the same are secured, furniture shall be subject to Landlord’s prior written approval, which such approval shall not be unreasonably withheld. Notwithstanding in Landlord’s review and approval of the Deck Plants, the Deck Furniture or the method by which the same are securedsole discretion. At all times, Tenant shall remain solely liable for use its commercially reasonable efforts and due diligence to keep the Rooftop Deck in a neat, clean and safe condition at Tenant’s sole cost and expense. No smoking of any liability arising out tobacco or other materials shall be permitted in the Rooftop Deck. For so long as Tenant is allowed the use of the placement Rooftop Deck, all provisions of this Lease (including, without limitation, the insurance and indemnity obligations of Tenant under this Lease), other than the payment of rent attributable to the square footage located within the Rooftop Deck, shall apply to the Rooftop Deck in the same manner and to the same extent as if said Rooftop Deck were included within the definition of the Deck Plants and/or the Deck Furniture on Premises. Tenant, at its cost, shall comply with all relevant state, municipal or local codes, ordinances and regulations applicable to its operations in the Rooftop Decks, and Landlord shall have no liability in connection therewith. Tenant shall remove any Deck Plants and Deck Furniture from the Rooftop Decks upon the expiration or earlier termination of this Lease, or upon the termination of Tenant’s rights under this Section 1.1.4Deck, and shall return obtain and maintain at its sole cost and expense all necessary permits or licenses for the affected portion same. In no event shall Tenant be charged any Base Rent with respect to the square footage of the Rooftop Decks to Deck and Tenant’s Proportionate Share of the condition Building and Project do not include the square footage of the Rooftop Decks would have been in had no such Deck Plants or Deck Furniture been installed, reasonable wear and tear excepted. Tenant shall not be permitted to display any graphics, signs or insignias or the like on the Rooftop Decks. Landlord shall have the right to make any improvements to the Rooftop Decks or display any graphics, plants or other items from the Rooftop Decks which it desires in its sole discretion in connection with overall Building or Project graphics or improvements. No smoking shall be permittedDeck.

Rooftop Deck. Subject to the terms and conditions contained in this Section 1.1.4 and elsewhere in this Lease, commencing as of the Lease Commencement Date, Tenant shall have an exclusive license during the Lease Term to use that certain rooftop deck adjacent to and accessible from the Suite 700 Premises (the “Suite 700 Deck”) and that certain rooftop deck adjacent to and accessible from the Suite 900 Premises (the “Suite 900 Deck”) as more particularly shown on Exhibit A attached hereto (collectively, the “Rooftop Decks”). The Rooftop Decks shall be included in the rentable square feet of the Premises for purposes of this Lease. The license to use the Rooftop Decks granted to Tenant hereby is personal to the “Original Tenant,” as that term is defined in Section 1.3, and any “Permitted Transferee,” as that term is defined in Section 14.8 of this Lease, except as provided below. In the event that Tenant desires to “Transfer” (as that term is defined in Section 14.1 below) its license to use the Rooftop Deck to any party other than the “Original Tenant” (as that term is defined in Section 1.3, below), then such Transfer shall be subject to Landlord’s prior written consent in accordance with the terms of Article 14 below, except that a Transfer of the license to use the Rooftop Deck to a Permitted Transferee shall not require Landlord’s consent; provided, however, that Landlord’s consent to a Transfer of the license to use the Rooftop Deck shall be deemed given in connection with a Transfer approved by Landlord (or deemed approved by Landlord) in accordance with the TCCs of Article 14. Tenant shall accept the Rooftop Decks in their “as-is” condition (subject to improvements to be performed on the Roof Decks by Tenant pursuant to the Work Letter and the corresponding application of a portion of the “Suite 700 Allowance” and a portion of the “Suite 900 Allowance” as those terms are defined in Section 2.1 of the Tenant Work Letter), and Landlord shall not be obligated to provide or pay for any work or services related to the improvement of the Rooftop Decks. In the event the usable square footage, as permitted by Applicable Law, of the Rooftop Decks increase due to any improvements made to such Rooftop Decks by Tenant, then the size of the Premises shall be increased, Tenant shall be required to pay Base Rent on such increased square footage, and Landlord and Tenant shall enter into an amendment to this Lease documenting such increases. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Rooftop Decks or the compliance of the Rooftop Decks with any applicable laws, statutes, ordinances or other governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated. Tenant shall provide routine janitorial services to the Rooftop Decks as needed to maintain the same in good, clean condition. Tenant shall have no right to alter, change or make improvements to the Rooftop Decks (except pursuant to the terms of the Tenant Work Letter), other than cosmetic, non-structural alterations which shall be subject to Landlord’s prior written approval, in Landlord’s reasonable discretion (and in the event that Landlord approves such alterations (the “Approved Deck Alterations”) then the TCCs of Section 1.2 and Sections 8.2 through 8.5 below shall apply). Landlord, in its sole discretion, may require that automatic closures be installedinstall, at Tenant’s sole cost and expense, a deck on the Building’s roof for exclusive use of Tenant and the Tenant Parties (the “Rooftop Deck”), subject to the following terms and conditions: (i) the surface area of the Rooftop Deck shall not in any event exceed 28.62% of the total rooftop area that may be used improved with rooftop decks under Applicable Laws, and must be located within the envelope of the area shown on any operable doors Exhibit L, and (ii) the precise location, design, and layout of the Rooftop Deck and all means of access to the Rooftop Decks, and Tenant hereby agrees that Landlord shall be permitted to store certain equipment (such as window washing equipment) on the portions of the Roof Decks which are not usable by Tenant. Tenant shall keep the doors to the Rooftop Decks closed and shall not prop open the same. If the opening of the doors to the Rooftop Decks affects the balancing of the heating, air conditioning and ventilation system serving the Premises or serving any other portion of the Building, then any repairs which may be necessary as a result thereof shall be performed at Tenant’s sole cost and expense. Landlord shall maintain the Rooftop Decks as part of the “Building Structure,” as that term is defined in Section 7.1, below, in accordance with the TCCs of Section 7.1, below, and shall have the right to make any and all necessary repairs, replacements and improvements to the Rooftop Decks. Tenant shall not place on or affix to the Rooftop Decks any furniture, fixtures, plants or other items of any kind or nature whatsoever. Notwithstanding the foregoing, but subject to the TCCs of this Section 1.1.4 and the load requirements of the Rooftop Decks, Tenant shall have the right to place and maintain shrubbery and bushes (collectively, the “Deck Plants”) and furniture (including, without limitation, chairs, tables, and/or trash receptacles) (collectively, “Deck Furniture”) on the Rooftop Decks; provided that the same are appropriately secured in such a manner that does not penetrate the membrane of the Rooftop Decks or compromise its performance; and further provided that, all Deck Plants and Deck FurnitureDeck, and the method by which the same plans and specifications therefor, are secured, shall be subject to Landlord’s prior written approval, pursuant to the procedures under which approval 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 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 Rooftop Deck (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 not be unreasonably withheld. Notwithstanding Landlord’s review and approval use the Rooftop Deck in violation of the Applicable Laws (Landlord makes no representation or warranty as to the suitability or lawfulness of the Rooftop Deck Plantsfor the use contemplated by this Section); (vii) Tenant acknowledges that the waiver and release in Section 16.1 of this Lease shall apply to the Rooftop Deck, the Deck Furniture indemnification obligation set forth in Section 16.2 of this Lease shall include an obligation to indemnify Landlord against any liability, injury or the method by which the same are secured, Tenant shall remain solely liable for any liability damage arising out of the placement Tenant’s use of the Deck Plants and/or the Deck Furniture on Rooftop Deck, and that Tenant’s insurance obligations under Section 14 of this Lease shall apply to the Rooftop DecksDeck (and Tenant assumes all risk of damage to the Rooftop Property, and Landlord shall have no liability waives any claims in connection therewith. respect thereto against Landlord); (viii) Tenant shall remove any Deck Plants and Deck Furniture from take such steps as necessary to keep the Rooftop Decks upon 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 Building necessary to accommodate the Rooftop Deck, and increased Building insurance costs) shall be borne entirely by Tenant; (x) Landlord may, at Landlord’s option, require Tenant to remove the Rooftop Deck 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, or upon the termination of at Tenant’s rights under this Section 1.1.4sole cost and expense, protect the roof from damage, and shall return perform all installations, repairs and maintenance and use the affected 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 Decks Deck, including leakage, water damage or damage to the condition roof membrane, shall be repaired by Landlord at Tenant’s sole cost and expense; (xiv) Tenant will not allow the Rooftop Decks would have been Deck to be used in had any manner that creates a nuisance or is a safety hazard; (xv) there shall be no such Deck Plants or Deck Furniture been installedsmoking, reasonable wear and tear excepted. Tenant shall not be permitted to display any graphics, signs or insignias or the like on the Rooftop Decks. 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 make any improvements to cross the Rooftop Decks or display any graphics, plants or other items from Deck if necessary to safely exit the roof. The Rooftop Decks which it desires in its sole discretion in connection with overall Building or Project graphics or improvements. No smoking Deck shall be permittedexclusive 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.