Rooftop Equipment. Provided that Tenant complies with the terms of ----------------- this Section, Tenant may, at its risk and expense, install a satellite dish and related communications equipment and wiring (collectively, the "Rooftop ------- Equipment") on the roof of the Building at a location approved by Landlord, --------- which equipment may be used solely by Tenant and its Permitted Transferees or Permitted Sublessees. Before installing the Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency of the Rooftop Equipment and (b) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)
Appears in 4 contracts
Samples: Commercial Lease Agreement (Metasolv Software Inc), Commercial Lease Agreement (Metasolv Software Inc), Commercial Lease Agreement (Metasolv Software Inc)
Rooftop Equipment. Provided that Tenant complies with shall have a non-exclusive right to use a portion of the terms of ----------------- this Section, Building’s roof in a location reasonably acceptable to both Landlord and Tenant mayfor installation and maintenance, at its risk Tenant’s sole cost and expenseexpense (subject to the Tl Allowance, install a if any), of (a) one satellite dish and related communications equipment and wiring (collectively, the "Rooftop ------- Equipment") dish/antennae on the roof of the Building at a location approved (and reasonable equipment and cabling related thereto), solely in connection with Tenant’s Permitted Use of the Premises and not for the use by Landlordany third parties whatsoever, --------- which for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) (all such equipment may be used solely by is defined collectively as the “Telecommunications Equipment”), and (b) HVAC equipment, conduit and other related equipment and hood venting, if and as allowed under the Tenant Improvements or as an Alteration (the “Ancillary Equipment”) (collectively, the Telecommunications Equipment and its Permitted Transferees or Permitted Sublesseesthe Ancillary Equipment are the “Rooftop Equipment”). Before Prior to installing the any Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (a) specify in detail for the design, location, size, and, Rooftop Equipment in the same manner required for Tenant Improvements or Alterations, as the case of a satellite dishmay be. Landlord shall have the right to limit or require modifications to the amount, frequency location and/or the size of the Rooftop Equipment and (b) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves or any other aspect of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Landlord’s reasonable judgment. The Rooftop Equipment in accordance with all Legal Requirements shall, at Landlord’s discretion and at Tenant’s sole cost and expense, be screened from street view and shall obtain all consents and permits required for be within allowable structural load capacities of the installation and operation thereof; copies of all such permits and evidence of such consents must Building. There shall be submitted to Landlord before Tenant begins to install no cabling running across the Rooftop Equipmentrooftop. Tenant The Telecommunications Equipment shall thereafter maintain all permits necessary for not interfere with the maintenance and transmission or operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility equipment located on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment Equipment, at Tenant’s sole cost and screening device in good repair and conditionexpense. Tenant shall, at its risk and expense, shall remove the Rooftop Equipment (including all wiring related thereto), within five days after upon the occurrence of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the expiration or earlier termination of the Lease; (3) , and shall return the expiration affected portion of the Term; rooftop abscicor Page 28 Vancouver, WA and the Premises to the condition the rooftop and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted, provided that the standard of acceptable normal wear and tear shall be determined as though no Rooftop Equipment had been located on the rooftop). Any and all work on the roof or any portion thereof in connection with the installation, maintenance, repair and/or removal of the Rooftop Equipment shall be performed by a roofing contractor, approved in advance by Landlord, at Tenant’s expense and all work performed in connection with the Rooftop Equipment shall be performed in such manner as to not invalidate Landlord’s roof warranty (4if any). Notwithstanding any review or approval by Landlord of any specifications, or the plans for installation, of Rooftop Equipment, Tenant shall remain solely liable for any damage to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, and Landlord shall have no liability therewith. The Rooftop Equipment shall, in all instances, comply with all Applicable Laws.
Appears in 2 contracts
Samples: AbSci Corp, AbSci Corp
Rooftop Equipment. Provided that 32.1 Tenant complies with shall have the terms of ----------------- this Section, Tenant maynon-exclusive right, at its risk sole cost and expense, install expense but without a satellite dish and related communications equipment and wiring (collectively, fee to Tenant for the "Rooftop ------- Equipment") on use of a portion of the roof of the Building at a location approved by Landlord (in Landlord’s reasonable discretion), --------- which to install satellite dishes, communications and other equipment may be used solely as needed for Tenant’s operations (collectively, the “Rooftop Equipment”) upon the roof of the Building for use by Tenant Tenant, provided, however, the size, location, design, manner and its Permitted Transferees or Permitted Sublessees. Before installing route of connection of each user to the Rooftop Equipment, and manner of attachment of the Rooftop Equipment to the Building, shall be conditioned upon and subject to following: (i) Tenant shall submit at all times adhere to Landlord for its approval all reasonable rules and regulations promulgated by Landlord; (which approval shall be in Landlord's sole discretionii) plans and specifications which (a) specify in detail the designproposed Rooftop Equipment, location, size, and, in the case manner of a satellite dish, frequency installation of the Rooftop Equipment and any subsequent alterations, additions or improvements to the Rooftop Equipment or the roof shall be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, provided that Landlord may withhold its consent in its sole discretion if such additions, alterations or improvements will materially and adversely affect the roof or structural portions of the Building or violate any of the requirements of this Lease; (biii) are sufficiently detailed intentionally omitted; (iv) prior to allow installation, Tenant shall obtain and provide Landlord a copy of any and all approvals, licenses or permits required by the City of Los Angeles and any other governmental or quasi-governmental authority for the construction and use of the Rooftop Equipment; (v) the Rooftop Equipment (including, without limitation, the installation and any alterations, additions, improvements or repairs thereto), at all times, shall comply with all applicable governmental codes, statutes and regulations, including those of the City of Los Angeles and the County of Los Angeles; (vi) Tenant shall not sell, license, lease or otherwise permit the use of or the transmissions from the Rooftop Equipment to or by other tenants or occupants of the Building except in connection with a Transfer permitted by this Lease; (vii) Tenant shall bear all reasonable costs, expenses and liability, including liability for roof leaks, which may arise by solely reason of the installation, operation or maintenance of any such Rooftop Equipment, and, to the extent permitted by Applicable Laws, and subject to Section 10.5.2, Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, liabilities, demands, costs or expenses (including reasonable attorneys’ fees) to the extent incurred by Landlord as a result of Tenant’s installation or operation of the Rooftop Equipment; (viii) Tenant shall be solely responsible for the maintenance and repair of the Rooftop Equipment; and (ix) the Rooftop Equipment shall not interfere with the transmissions of other tenants or occupants within the Building. Tenant shall use, at Tenant’s expense, Landlord’s designated roofing contractor for any work in connection with installation of the Rooftop Equipment in which affects or pertains to the roof, including roof penetration and installation of structural supports, curbing and flashing on or to the roof, provided that such designated roofing contractor charges commercially reasonable rates. Landlord shall have no obligation to reserve any specific portion of the roof for Tenant’s use, provided that Landlord shall make a good and workmanlike manner and in accordance with all Laws (portion of the "Legal Requirements"). If Landlord approves roof of such plansthe Building, Tenant ------------------ shall install (in a good and workmanlike manner)as reasonably determined by Landlord, maintain and available for Tenant’s non-exclusive use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Equipment for use by Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)provided herein.
Appears in 2 contracts
Samples: Lease Agreement (Sweetgreen, Inc.), Lease Agreement (Sweetgreen, Inc.)
Rooftop Equipment. Provided that If Tenant complies with desires to use the terms roof of ----------------- this Sectionthe 26642 Building and/or the 26672 Building to install communication and/or supplemental HVAC equipment to be used from the Premises, Tenant maymay so notify Landlord in writing (“Rooftop Equipment Notice”), which Rooftop Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at its risk and expensethe time of Landlord’s receipt of the Rooftop Equipment Notice, install a satellite dish and related communications equipment and wiring (collectively, the "Rooftop ------- Equipment") Landlord reasonably determines that space is available on the roof of the Building at a location applicable building for such equipment, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, --------- which repair, replace, remove, operate and maintain (i) supplemental HVAC equipment required for Tenant’s Supplemental Units (“Rooftop HVAC Equipment”) and/or (ii) one (1) so-called “satellite dish” or other similar device, such as antennae on either the 26642 Building or the 26672 Building, or both (collectively, “Communication Equipment”) no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at locations on the roof of the applicable building designated by Landlord. The Rooftop HVAC Equipment and the Communication Equipment may be used solely by Tenant and its Permitted Transferees or Permitted Sublessees. Before installing collectively referred to herein as the “Rooftop Equipment, ”. Landlord shall have the right to require Tenant shall submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency of relocate the Rooftop Equipment and (b) are sufficiently detailed at any time to allow for another location on the installation roof of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (applicable building reasonably approved by Tenant, provided that the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ cost thereof shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipmentborne by Landlord. Tenant shall thereafter maintain all permits retain Landlord’s designated roofing contractor to make any necessary for penetrations and associated repairs to the maintenance roof in order to preserve Landlord’s roof warranty. Tenant’s installation and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any of be governed by the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)terms and conditions:
Appears in 2 contracts
Samples: Standard Office Lease (loanDepot, Inc.), loanDepot, Inc.
Rooftop Equipment. Provided that If Tenant complies with desires to use the terms roof of ----------------- this Sectionthe Building to install communication equipment to be used from the Premises, Tenant maymay so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at the time of Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Building for such equipment, then Tenant, at its risk sole cost and expense, install shall have the nonexclusive right (it being understood that Landlord may grant, extend or renew similar rights to others) to install, maintain, and from time to time replace a satellite dish or antenna and related communications infrastructure and equipment and wiring (collectively, the "Rooftop ------- “Communication Equipment"”) on the roof of the Building at a location approved by LandlordBuilding, --------- which equipment may be used solely by Tenant and its Permitted Transferees provided that prior to commencing any installation or Permitted Sublessees. Before installing the Rooftop Equipmentmaintenance, Tenant shall submit (i) obtain Landlord’s prior written approval of the proposed size, weight and location of the Communication Equipment, the method for fastening the Communication Equipment to the roof, and any architectural screening as may be appropriate, which approval(s) may be granted or withheld in Landlord’s sole but good faith determination, (ii) such installation and/or replacement shall comply strictly with all applicable governmental laws, rules and regulations and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) use the Communication Equipment solely for its approval personal internal use, (which approval shall be in Landlord's sole discretioniv) plans and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency not grant any right to use of the Rooftop Communication Equipment to any other party, and (bv) are sufficiently detailed obtain, at Tenant’s sole cost and expense, any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to allow for Landlord. Landlord may supervise or perform any roof penetration related to the installation of any Communication Equipment, and Landlord may charge the Rooftop Equipment cost thereof to Tenant. Tenant agrees that all installation, construction and maintenance shall be performed in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plansneat, Tenant ------------------ shall install (in a good responsible, and workmanlike manner), maintain and use the Rooftop Equipment in accordance using generally acceptable construction standards, consistent with all Legal Requirements and such reasonable requirements as shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to imposed by Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk sole cost and expense, repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Communication Equipment. The Communication Equipment shall remain the property of Tenant, and Tenant may remove the Rooftop Communication Equipment (including all wiring related at its sole cost and expense at any time during the Term. Tenant shall remove the Communication Equipment at Tenant’s sole cost and expense on or prior to the Termination Date. Tenant agrees that the Communication Equipment, and any wires, cables or connections relating thereto), within five days after and the occurrence of any installation, maintenance and operation thereof shall in no way interfere with the use and enjoyment of the following events: Building, or the operation of communications (1including, without limitation, other satellite antenna) or computer devices by Landlord or by other tenants or occupants of the termination of Tenant's right to possess Project or surrounding buildings. If such interference shall occur, Landlord shall give Tenant written notice thereof and Tenant shall correct the Premises; same within two (2) business days of receipt of such notice. Landlord makes no warranty or representation that the termination Building or any portions thereof are suitable for the use of a Communication Equipment, it being assumed that Tenant has satisfied itself thereof. Tenant shall protect, defend, indemnify and hold harmless the Indemnitees 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 Lease; (3) the expiration of the Term; or (4)Communication Equipment.
Appears in 2 contracts
Samples: Lease (XOMA Corp), Lease (XOMA Corp)
Rooftop Equipment. Provided that Tenant complies with In accordance with, and subject to, the terms and conditions set forth in Article IX of ----------------- the Office Lease and this SectionSection 18, Tenant may, at its risk shall have the right to use a reasonable amount and expense, install a satellite dish and related communications equipment and wiring (collectively, the "Rooftop ------- Equipment") configuration of space on the roof of the Building (“Telecommunications Space”) in order to install and maintain, at a location approved by LandlordTenant’s sole cost and expense, --------- which one (1) or more satellite dishes and/or antennae on the roof of the Building (and reasonable equipment may be used solely and cabling related thereto), for receiving of broadcasts (as opposed to the generation or transmission of any such broadcasts) and receiving and generation of signals in connection with the business conducted by Tenant and its Permitted Transferees from within the Premises (all such equipment is defined collectively as the “Telecommunications Equipment”). Landlord makes no representations or Permitted Sublessees. Before installing warranties whatsoever with respect to the Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency condition of the Rooftop Equipment and (b) are sufficiently detailed to allow roof of the Building, or the fitness or suitability of the roof of the Building for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plansinstallation, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Telecommunications Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Telecommunications Equipment while it is on and the presence of any interference with such signals whether emanating from the Building or otherwise. The location, amount and operate configuration of the Telecommunications Space and maintain the Rooftop physical appearance, the size, and the weight of the Telecommunications Equipment in shall be subject to Landlord’s reasonable approval, the location of any such a manner so as not installation of the Telecommunications Equipment shall be designated by Landlord subject to unreasonably interfere with any other satelliteTenant’s reasonable approval, antennae, or other transmission facility on the Building's roof or in the Building. and Landlord may require that Tenant to install screening around such Telecommunications Equipment, at Tenant’s sole cost and expense, as reasonably required by applicable laws or as reasonably required by Landlord to screen the Rooftop such Telecommunications Equipment with a parapet or other screening device acceptable to Landlordfrom view. Tenant shall maintain such Telecommunications Equipment, as applicable, at Tenant’s sole cost and expense. In the Rooftop Equipment and screening device in good repair and conditionevent Tenant elects to exercise its right to install the Telecommunications Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall, at its risk and expense, 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 Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any expiration or earlier termination of the following events: (1) Lease as amended, or, in the event Tenant no longer occupies the Premises, then upon the termination of Tenant's ’s rights under this Section 18, and shall return the affected portion of the rooftop and the Building to the condition the rooftop and the Building would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear and casualty excepted). Such Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditioned, or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment, and Landlord shall have no liability therewith. Tenant shall obtain any and all necessary government approval to install the Telecommunications Equipment, and such Telecommunications Equipment shall, in all instances, comply with applicable laws. Tenant shall not be entitled to license its Telecommunications Equipment to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Telecommunications Equipment by an unrelated third party. Tenant’s right to possess install such Telecommunication Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any rooftop space, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the Premises; (2installation of) the termination of the Lease; (3) the expiration of the Term; or (4)Tenant’s Telecommunications Equipment.
Appears in 2 contracts
Samples: Office Lease, Office Lease (Splunk Inc)
Rooftop Equipment. Provided that a. Tenant complies with shall have the terms of ----------------- this Section, Tenant maynon-exclusive right, at its risk Tenant’s sole cost and expense, install to use a portion of the roof of the Building (the "Roof") no larger than one hundred (100) square feet and selected by Landlord in the exercise of Landlord’s reasonable discretion, for the installation of satellite dish dish(es), antenna(e) and related communications equipment the cabling and wiring associated therewith (collectively, the "Rooftop ------- Equipment"), provided that (i) on the roof Rooftop Equipment sought to be installed by Tenant is permitted under, and conforms to the requirements of, the laws, rules and regulations of the State of Maryland, any other governmental or quasi-governmental authorities having jurisdiction over the Building at a location approved by Landlordand any restrictive covenants or other documents governing the use of the Building; (ii) Tenant obtains and maintains all permits, --------- which equipment licenses, variances, authorizations and approvals that may be used solely required in order to install such Rooftop Equipment; (iii) Tenant shall obtain insurance coverages required by Landlord relating to the installation and operation of such Rooftop Equipment; (iv) Tenant and its Permitted Transferees shall install any screen or Permitted Sublessees. Before installing other covering for the Rooftop Equipment that Landlord may reasonably require in order to camouflage or conceal the Rooftop Equipment; (v) Landlord shall have approved in its reasonable discretion the number, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans dimensions and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency of for the Rooftop Equipment and (b) are sufficiently detailed to allow for the installation proposed method of attaching the Rooftop Equipment in a good to the Roof; and workmanlike manner and in accordance with all Laws (vi) Landlord's engineer determines that the "Legal Requirements"). If Landlord approves portion of such plans, the Roof on which Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins desires to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for Equipment is capable of bearing the maintenance and operation weight of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)Equipment.
Appears in 1 contract
Samples: Office Lease Agreement (Sucampo Pharmaceuticals, Inc.)
Rooftop Equipment. Provided that Tenant complies with (a) Subject to the terms provisions of ----------------- this Section, Tenant mayshall have the right, at no additional cost, to use for its risk own use only (and expense, install a satellite dish and related communications equipment and wiring not to transfer or assign to other third parties) up to the lesser of (collectively, i) approximately forty five percent (45%) of the "Rooftop ------- Equipment") available space on the roof of Tower 2 (which is anticipated to be approximately 5,000 square feet), or (ii) five thousand (5,000) square feet of area on the Building roof of Tower 2 to install in an area designated by Landlord on the roof of Tower 2, supplemental heating and air conditioning units, communications equipment and other equipment (collectively, “Tenant’s Equipment”). Tenant shall not be entitled to install such Tenant’s Equipment (i) if such installation would adversely affect (or in a manner that would adversely affect) any warranty with respect to the roof, (ii) (A) if such installation would adversely affect (or in a manner that would adversely affect) the structure or any of the building systems of the Building, or (B) without Landlord’s prior written consent, if such installation would require (or in a manner that would require) any structural alteration to the Building, (iii) if such installation would violate (or in a manner that would violate) any applicable Legal Requirements, (iv) unless Tenant has obtained at Tenant’s expense, and has submitted to Landlord copies of, all permits and approvals relating to such antenna and such installation, (v) unless such Tenant’s Equipment is white or of a location beige or lighter color (or is otherwise appropriately screened), (vi) unless such Tenant’s Equipment is installed, at Tenant’s sole cost and expense, by a qualified contractor chosen by Tenant and approved in advance by Landlord, --------- which approvals shall not be unreasonably withheld, conditioned or delayed, (vii) unless Tenant obtains Landlord’s prior consent to the manner in which such installation work is to be done, which consent shall not be unreasonably withheld, conditioned or delayed. The visual appearance of Tenant’s Equipment shall be consistent with other equipment may installed on the roofs of Comparable Buildings. All plans and specifications concerning such installation shall be used solely by Tenant and its Permitted Transferees or Permitted Sublessees. Before installing the Rooftop Equipmentsubject to Landlord’s prior written approval, Tenant shall submit to Landlord for its approval (which approval shall not be in Landlord's sole discretion) plans and specifications which (a) specify in detail unreasonably withheld, conditioned or delayed. “Military mount” or ballasted mounts resting on the design, location, size, and, in the case of a satellite dish, frequency roof deck will not be permitted. Tenant’s Equipment must be mounted clear of the Rooftop Equipment and roof (bsuch as to the penthouse walls, concrete columns or steel dunnage) are sufficiently detailed to allow with sufficient structural support for the installation weight of the Rooftop Equipment equipment and wind loading. All cables will be neatly run in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation conduit mounted clear of the Rooftop Equipment while it is on the Building roof and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any penetrations of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)building envelope appropriately weatherproofed with high quality caulking and an escutcheon ring.
Appears in 1 contract
Samples: Deed of Lease (Cvent Inc)
Rooftop Equipment. Provided that (a) Without waiver of the provisions of Paragraph (a) of Section 6.2.5, as applicable, Tenant complies shall have the right, at no charge to Tenant, to install and operate rooftop equipment to be used in connection with the terms conduct of ----------------- this SectionTenant’s business, Tenant may, at its risk to be installed in the 4th Floor mechanical space and expense, install a satellite dish and related communications equipment and wiring (collectively, the "Rooftop ------- Equipment") in an open area on the roof of the Building at a location 2892369_8 shown on the rooftop plan attached hereto as Exhibit B-1 (the 4th Floor space and the open rooftop area are referred to as the “Rooftop Equipment Area”). Tenant’s rooftop equipment shall be subject to Landlord’s reasonable approval regarding size and the manner of installation, including conformance with Landlord’s reasonable design criteria and any other reasonable requirements (including visual shielding as required by Landlord such that it cannot be seen from street level). The approved by Landlord, --------- which rooftop equipment may shall be used solely by Tenant and its Permitted Transferees or Permitted Sublessees. Before installing referred to as the “Rooftop Equipment, ”. Tenant shall ensure that that installation of all such Rooftop Equipment will not in any way affect any roof warranty or affect the integrity of the roof. Tenant shall submit to Landlord for its approval (the plans and specifications for the Rooftop Equipment installation, which approval shall not be unreasonably withheld or delayed, and shall comply with Landlord’s requirements under Section 6.2.5, in all respects. Tenant shall also have the right to use conduit, shaft and riser space in the Building, at no charge, subject to Landlord's sole discretion) ’s approval of the plans and specifications which (a) specify in detail therefor, to connect the design, location, size, and, in the case of a satellite dish, frequency of the Rooftop Equipment and (b) are sufficiently detailed Premises to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain also pay Landlord all permits necessary for the maintenance and operation costs of electricity in connection with the Rooftop Equipment while it is on directly to the Building utility provider. Tenant shall have access to the roof at all times for the purpose of installing, operating, maintaining, repairing, or removing the Rooftop Equipment and operate and agrees to maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on good condition and repair throughout the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to LandlordTerm. Tenant shall maintain require its employees, vendors and contractors to exercise the highest level of care by industry standards to prevent voiding any roof warranties and to ensure the integrity of the roof membrane when accessing any portion of the rooftop for any reason. Additionally, Tenant agrees to abide by Landlord’s rules and policies for the use of any crane utilized in connection with all installations and repairs involving Tenant’s Rooftop Equipment. The installation, operation, maintenance, repair and removal of all Rooftop Equipment and screening device in good repair and condition. Tenant shall, shall be at its risk Tenant’s sole cost and expense, remove the Rooftop Equipment (including utilizing roofing contractors approved by Landlord, which approval shall not be unreasonably withheld or delayed, but which may be conditioned on Tenant utilizing Landlord’s roofing contractor if required by Landlord, and shall be performed in accordance with all wiring related thereto), within five days after the occurrence of any applicable laws and requirements of the following events: (1) the termination Town of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)Burlington and any other governmental agencies and public authorities having jurisdiction.
Appears in 1 contract
Samples: Rooftop Area Plan (Vericel Corp)
Rooftop Equipment. Provided that Tenant complies with (a) During the Lease Term, and subject to the terms and conditions of ----------------- this SectionSection 7, Tenant mayshall have the non-exclusive right, at its risk and expenseno additional charge, install to use a satellite dish and related communications equipment and wiring (collectively, the "Rooftop ------- Equipment") on portion of the roof of the Building at a location approved designated by LandlordLandlord for the installation, --------- which equipment may be used solely by Tenant maintenance, repair, replacement and its Permitted Transferees removal of up to one (1) satellite dish or Permitted Sublessees. Before installing antenna not exceeding one (1) meter in diameter and four feet (4’) in height, together with the necessary conduit extending from such dish or antenna to the Premises (collectively, the “Rooftop Equipment”); provided, Tenant shall submit to Landlord for its approval however, (which approval shall be in Landlord's sole discretioni) plans and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency of the Rooftop Equipment and (b) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on must be only for providing services to the Building Premises for Tenant’s exclusive use, and operate be permitted under, and maintain conform to, all applicable laws, (ii) Tenant shall cause the Rooftop Equipment to be fully screened from view and sound in such a manner so as not reasonably directed by Landlord; and (iii) Landlord shall have approved in its reasonable discretion all aesthetic, structural, mechanical and electrical details of the Rooftop Equipment, including without limitation, the proposed method of attaching the Rooftop Equipment to unreasonably interfere with any other satellite, antennae, or other transmission facility on the roof. Tenant shall be entitled to connect the Rooftop Equipment to the Building's roof or ’s electric power source using riser space available generally to tenants in the Building. Landlord may require that Tenant screen ; provided, however, that: (A) the method of connecting any component of the Rooftop Equipment with a parapet or other screening device acceptable to the Building’s electric power source and the specific location in the Building at which such connection will be effected, shall be subject to Landlord’s prior written approval; and (B) such connection shall be undertaken by licensed contractor(s) approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed). The cost of connecting the Rooftop Equipment to the Building’s electric power source and the cost of all electricity consumed by the Rooftop Equipment shall be separately metered and paid by Tenant. Tenant shall maintain pay the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence cost of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; such meter or (4)submeter.
Appears in 1 contract
Rooftop Equipment. Provided that A. Tenant complies with shall have the terms non-exclusive right to use a portion of ----------------- this Sectionthe roof of the Building, Tenant maywhich shall be designated by Landlord, at its risk and expense, install for the installation of a satellite dish or antenna, and related communications other mechanical equipment and wiring (collectively, the "“Rooftop ------- Equipment”) for use in connection with Tenant’s business in the Leased Premises, provided that (i) the Rooftop Equipment is permitted under the applicable laws, rules and regulations of the Federal Communications Commission, the Federal Aviation Administration, the Commonwealth of Massachusetts and any other governmental and quasi-governmental authorities having jurisdiction over the Building or Landlord, (ii) the Rooftop Equipment conforms to all such applicable laws, rules and regulations, (iii) Tenant has obtained all permits, licenses, variances, authorizations and approvals that may be required in order to install such Rooftop Equipment and any insurance required by Landlord, (iv) each satellite dish or antenna is not more than twenty inches (20") in diameter and mounted so the topmost part is not more than thirty-six inches (36") in height, (v) the Rooftop Equipment is not more than the weight that Landlord shall determine is appropriate for the roof (which Landlord shall specify to Tenant upon Tenant's written request), (vi) Tenant installs any screen or other covering for the Rooftop Equipment that Landlord may require (the size, type and style of which shall be subject to Landlord's prior written approval) in order to camouflage or conceal the Rooftop Equipment, (vii) Tenant shall pay Landlord (within thirty (30) days after receipt of an invoice therefor) an amount equal to all costs incurred by Landlord to have an engineer review the plans and specifications for the Rooftop Equipment, the location specifications for the Rooftop Equipment and the plans, specifications and method for attaching the Rooftop Equipment to the Building, and (viii) the Rooftop Equipment do not adversely affect any antenna or other equipment that is on the roof of the Building at a Building. In addition, the style, color, materials, exact location approved by Landlord, --------- which equipment may be used solely by Tenant and its Permitted Transferees or Permitted Sublessees. Before installing the Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (a) specify in detail the design, location, size, and, in the case method of a satellite dish, frequency of the Rooftop Equipment and (b) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If must be approved by Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike mannerits sole discretion), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good condition and repair and condition. Tenant shallin compliance with all applicable laws, at its risk rules, regulations and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)requirements.
Appears in 1 contract
Rooftop Equipment. Provided that Tenant complies with (a) During the Lease Term, and subject to the terms and conditions of ----------------- this SectionSection 7, Tenant mayshall have the non-exclusive right, at its risk and expenseno additional charge, install to use a satellite dish and related communications equipment and wiring (collectively, the "Rooftop ------- Equipment") on portion of the roof of the Building at a location approved designated by LandlordLandlord for the installation, --------- which equipment may be used solely by Tenant maintenance, repair, replacement and its Permitted Transferees removal of up to one (1) satellite dish or Permitted Sublessees. Before installing antenna not exceeding one (1) meter in diameter and E–8 four feet (4’) in height, together with the necessary conduit extending from such dish or antenna to the Premises (collectively, the “Rooftop Equipment”); provided, Tenant shall submit to Landlord for its approval however, (which approval shall be in Landlord's sole discretioni) plans and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency of the Rooftop Equipment and (b) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on must be only for providing services to the Building Premises for Tenant’s exclusive use, and operate be permitted under, and maintain conform to, all applicable laws, (ii) Tenant shall cause the Rooftop Equipment to be fully screened from view and sound in such a manner so as not reasonably directed by Landlord; and (iii) Landlord shall have approved in its reasonable discretion all aesthetic, structural, mechanical and electrical details of the Rooftop Equipment, including without limitation, the proposed method of attaching the Rooftop Equipment to unreasonably interfere with any other satellite, antennae, or other transmission facility on the roof. Tenant shall be entitled to connect the Rooftop Equipment to the Building's roof or ’s electric power source using riser space available generally to tenants in the Building. Landlord may require that Tenant screen ; provided, however, that: (A) the method of connecting any component of the Rooftop Equipment with a parapet or other screening device acceptable to the Building’s electric power source and the specific location in the Building at which such connection will be effected, shall be subject to Landlord’s prior written approval; and (B) such connection shall be undertaken by licensed contractor(s) approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed). The cost of connecting the Rooftop Equipment to the Building’s electric power source and the cost of all electricity consumed by the Rooftop Equipment shall be separately metered and paid by Tenant. Tenant shall maintain pay the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence cost of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; such meter or (4)submeter.
Appears in 1 contract
Samples: Disturbance and Attornment Agreement
Rooftop Equipment. Provided that Tenant complies with shall have the terms of ----------------- this Section, Tenant mayright, at its risk and own expense, to install a on the roof of the Building such HVAC package units as may be required under the Plans to furnish heating, ventilation, and air conditioning to the Building and, if in accordance with applicable zoning and other laws and regulations and with private restrictions of record, one (1) antenna or satellite dish and related communications equipment and wiring (collectively, the "Rooftop ------- Equipment"), provided that (i) on the design, size, shape, location, and manner of installation of the Rooftop Equipment shall be subject to Landlord's prior written approval, to be granted or denied in Landlord's sole discretion and the Rooftop Equipment shall be adequately screened from view by an enclosure constructed of such materials as may be reasonably specified by Landlord; (ii) the installation of the Rooftop Equipment shall not damage or otherwise adversely affect the roof or any other component of the Building at a location approved by Landlordor invalidate or impair the coverage of any warranty applicable to the same, --------- which equipment may be used solely by Tenant and its Permitted Transferees or Permitted Sublessees. Before (iii) in installing the Rooftop Equipment, Tenant shall submit be subject to Landlord for Section 13.2 as if such installation were the installation of Alterations; (iv) after installing the Rooftop Equipment, Tenant, at its approval own expense, shall maintain the Rooftop Equipment in good condition. and repair at all times, (which approval v) Tenant's operation of any rooftop antenna or satellite dish shall not interfere with the operation of communications equipment elsewhere in, on, or near the Building, (vi) upon termination of this Lease, the Rooftop Equipment shall be subject to removal from the Building in Landlordcompliance with Section 13.3 as if the Rooftop Equipment were Alterations, (vii) Tenant's sole discretion) plans indemnification set forth in Section 19.2 shall extend to all matters arising from or related to Tenant's installation, use, maintenance, and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency removal of the Rooftop Equipment Equipment, and (bviii) are sufficiently detailed Tenant shall use the Rooftop Equipment solely for its own use and benefit and shall not grant to allow any third party the right to use the Rooftop Equipment. Tenant, at its own expense, shall obtain all permits and approvals from the applicable authorities, including, without limitation, Montgomery County, required for the Rooftop Equipment. Landlord shalx xxxxxxxxly cooperate in those efforts. All reasonable costs incurred by Landlord in regard to the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (Equipment, including, without limitation, the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such costs to seek permits and evidence of such consents must approvals, review plans and specifications, and oversee or inspect the installation, shall be submitted reimbursed by Tenant to Landlord before within fifteen (15) days after written request by Landlord. Any costs incurred by Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere connection with any other satellite, antennae, rooftop antenna or other transmission facility on satellite dish shall not be payable from the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)Improvement Allowance.
Appears in 1 contract
Samples: Lease Agreement (Gene Logic Inc)
Rooftop Equipment. Provided that If Tenant complies with desires to use the terms roof of ----------------- this Sectionthe Building to install communication equipment to be used from the Premises, Tenant maymay so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at the time of Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Building for such equipment, then Tenant, at its risk sole cost and expense, install shall have the non-exclusive right (it being understood that Landlord may grant, extend or renew similar rights to others) to install, maintain, and from time to time replace a satellite dish or antenna and related communications infrastructure and equipment and wiring (collectively, the "Rooftop ------- “Communication Equipment"”) on the roof of the Building at a location approved by LandlordBuilding, --------- which equipment may be used solely by Tenant and its Permitted Transferees provided that prior to commencing any installation or Permitted Sublessees. Before installing the Rooftop Equipmentmaintenance, Tenant shall submit (i) obtain Landlord’s prior written approval of the proposed size, weight and location of the Communication Equipment, the method for fastening the Communication Equipment to the roof, and any architectural screening as may be appropriate, which approval(s) may be granted or withheld in Landlord’s sole but good faith determination, (ii) such installation and/or replacement shall comply strictly with all applicable governmental laws, rules and regulations and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) use the Communication Equipment solely for its approval personal internal use, (which approval shall be in Landlord's sole discretioniv) plans and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency not grant any right to use of the Rooftop Communication Equipment to any other party, and (bv) are sufficiently detailed obtain, at Tenant’s sole cost and expense, any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to allow for Landlord. Landlord may supervise or perform any roof penetration related to the installation of any Communication Equipment, and Landlord may charge the Rooftop Equipment cost thereof to Tenant. Tenant agrees that all installation, construction and maintenance shall be performed in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plansneat, Tenant ------------------ shall install (in a good responsible, and workmanlike manner), maintain and use the Rooftop Equipment in accordance using generally acceptable construction standards, consistent with all Legal Requirements and such reasonable requirements as shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to imposed by Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk sole cost and expense, repair any damage to the Building caused by Tenant’s installation. maintenance, replacement, use or removal of the Communication Equipment. The Communication Equipment shall remain the property of Tenant, and Tenant may remove the Rooftop Communication Equipment (including all wiring related at its sole cost and expense at any time during the Term. Tenant shall remove the Communication Equipment at Tenant’s sole cost and expense on or prior to the Termination Date. Tenant agrees that the Communication Equipment, and any wires, cables or connections relating thereto), within five days after and the occurrence of any installation, maintenance and operation thereof shall in no way interfere with the use and enjoyment of the following events: Building, or the operation of communications (1including, without limitation, other satellite antenna) or computer devices by Landlord or by other tenants or occupants of the termination of Tenant's right to possess Project or surrounding buildings. If such interference shall occur, Landlord shall give Tenant written notice thereof and Tenant shall correct the Premises; same within two (2) business days of receipt of such notice. Landlord makes no warranty or representation that the termination Building or any portions thereof are suitable for the use of a Communication Equipment, it being assumed that Tenant has satisfied itself thereof. Tenant shall protect, defend, indemnify and hold harmless the Indemnitees 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 Lease; (3) the expiration of the Term; or (4)Communication Equipment.
Appears in 1 contract
Samples: Office Lease (XOMA Corp)
Rooftop Equipment. Provided that Tenant complies with the terms of ----------------- this Section, Tenant maymay install, at its Tenant's risk and expenseexpense and to be used solely by Tenant, install a satellite dish and related communications equipment and wiring style antennae of no more than five (collectively, 5) feet in diameter (the "Rooftop ------- EquipmentROOFTOP EQUIPMENT") on the roof of the Building at a location approved by Landlord, --------- which equipment may . The Rooftop Equipment shall be used solely only by Tenant and its Permitted Transferees or Permitted SublesseesTenant. Before installing the Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval shall not be in Landlord's sole discretionunreasonably withheld, conditioned or delayed to the extent such plans and specifications do not reflect alterations which affect the exterior or structure of the Building or its HVAC, plumbing or mechanical systems or its base building electrical system) plans and specifications which (aA) specify in detail the design, location, size, and, in the case of a satellite dish, frequency location and size of the Rooftop Equipment (and, with respect to the Rooftop Equipment, such specifications shall also contain the frequency of such equipment) and (bB) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws laws, regulations, restrictions (governmental or otherwise) and architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time (the "Legal RequirementsLEGAL REQUIREMENTS"). None of the Rooftop Equipment shall protrude more than five (5) feet above the elevation of the roof on which it is installed and all such equipment must be painted in a color reasonably acceptable to Landlord to minimize visibility. If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any equipment (including any other satellite, antennae, or other transmission facility facility) on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device reasonably acceptable to Landlord. All electrical usage for the Rooftop Equipment shall be separately metered or, at Landlord's election, shall be placed on the same electrical meter as the Premises. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Landlord may relocate the Rooftop Equipment to another location on the roof of the Building at its sole cost and expense upon prior written notice to Tenant so long as the new location does not materially interfere with Tenant's reception received by the satellite or antennae, unless said relocation is requested because the Rooftop Equipment is unreasonably interfering with other equipment on the Building's roof or in the Building (in which case Tenant shall pay for the cost of such relocation). Upon Landlord's written request (but not otherwise), Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five (5) days after the occurrence of any of the following events: 39 (1i) the termination of Tenant's right to possess the Premises; (2ii) the termination of the Lease; (3iii) the expiration of the Term; or (4iv) the Premises shall be vacated by Tenant and any and all assignees and/or sublessees approved by Landlord hereunder. If Tenant fails to do so, Landlord may remove all or any part of the Rooftop Equipment and store or dispose of it in any manner Landlord deems appropriate without liability to Tenant; Tenant shall reimburse Landlord for all costs incurred by Landlord in connection therewith within ten (10) days after Landlord's request therefor. Tenant shall repair any damage to the Building caused by or relating to the Rooftop Equipment, including that which is caused by its installation, maintenance, use, or removal and shall indemnify Landlord against all liabilities, losses, damages, and costs arising from the installation, maintenance, use, or removal of the Rooftop Equipment (UNLESS THE LIABILITIES, LOSSES, DAMAGES, AND COSTS IN QUESTION WERE CAUSED BY LANDLORD'S SOLE OR GROSS NEGLIGENCE OR WILFUL MISCONDUCT). All work relating to the Rooftop Equipment shall, at Tenant's expense, be coordinated with Landlord's roofing contractor so as not to affect any warranty for the Building's roof and shall not penetrate the roof.
Appears in 1 contract
Rooftop Equipment. Provided that Tenant complies with shall have the terms of ----------------- this Section, Tenant maynon-exclusive right to install, at its risk Tenant's sole cost and expense, install a one (1) one antenna or satellite dish upon the roof of the Building and related communications equipment use existing fiber optic and wiring television cables presently located in the Building without any representation or warranty by Landlord as to the condition of the same (collectively, the "Rooftop ------- Equipment") on under the roof of the Building at a location approved by Landlord, --------- which equipment may be used solely by Tenant following conditions: (i) all plans and its Permitted Transferees or Permitted Sublessees. Before installing specifications for the Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (a) specify in detail the designincluding but not limited to, weight, configuration, location, sizemeans of installation, and, in the case of a satellite dish, frequency cabling and screening of the Rooftop Equipment and are subject to the prior approval of Landlord, which shall not be unreasonably withheld, conditioned or delayed; (bii) are sufficiently detailed Tenant shall provide evidence to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with Landlord that Tenant has obtained all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents governmental approvals and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. ; (iii) Tenant shall thereafter maintain all permits necessary provide evidence to Landlord of insurance coverage for the maintenance installation, location, repair, removal, and operation of the Rooftop Equipment while it is on Equipment, with Landlord as an additional insured, all in form and substance reasonably approved by Landlord and such insurance shall be maintained during the Building Term of this Lease; (iv) Tenant shall indemnify, defend, and operate hold Landlord harmless from and maintain against any and all loss, liability, cost and expense incurred by Landlord as a result of the installation, location, repair, removal, or operation of the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. ; (v) Tenant shall maintain be responsible for the installation, engineering, maintenance, repair and removal of the Rooftop Equipment and screening device appurtenant equipment in good repair accordance with all federal, state and condition. local laws, and ordinances; (vi) no roof penetrations shall be made without obtaining Landlord's prior written consent (which may be withheld in Landlord's sole discretion); (vii) Tenant shall be responsible for any impairment of Landlord's roof warranty as a result of installation of the Rooftop Equipment; (viii) Tenant shall, at its risk and own expense, promptly repair any damage or wear to the roof resulting from the installation and use of the Rooftop Equipment and appurtenant equipment; (ix) the operation of the Rooftop Equipment shall be for Tenant's internal use only; and (x) the Rooftop Equipment shall not interfere with the use of any other equipment located on the roof of the Building. Landlord shall grant Tenant reasonable access to the roof for such installation, maintenance, repair, and removal of the Rooftop Equipment. Upon the expiration of this Lease, Tenant shall promptly remove the Rooftop Equipment (including and appurtenant equipment and repair any damage caused by such removal. Tenant shall be responsible for any and all wiring related thereto), within five days after costs relating to the occurrence of any of the following events: (1) the termination of Rooftop Equipment and Tenant's right to possess the Premises; (2) the termination exercise of the Lease; (3) the expiration of the Term; or (4)its rights under this Section 29.40, including, without limitation, installation, maintenance, repair and removal costs.
Appears in 1 contract
Rooftop Equipment. Provided that Tenant complies with shall have the terms of ----------------- this Section, Tenant maynon-exclusive right, at its risk Tenant's sole cost and expenseexpense (subject to application of the Allowance, with respect to the installation costs only), to install a satellite dish and related communications communication equipment and wiring supplemental heating, ventilation and air-conditioning systems upon the roof of the Building (collectively, the "Rooftop ------- Equipment") on under the roof of the Building at a location approved by Landlord, --------- which equipment may be used solely by Tenant following conditions: (i) all plans and its Permitted Transferees or Permitted Sublessees. Before installing specifications for the Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (a) specify in detail the designincluding but not limited to, weight, configuration, location, sizemeans of installation, and, in the case of a satellite dish, frequency cabling and screening of the Rooftop Equipment and are subject to the prior reasonable approval of Landlord; (bii) are sufficiently detailed Tenant shall provide evidence to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with Landlord that Tenant has obtained all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents governmental approvals and permits required for the installation and operation thereofof the Rooftop Equipment; copies of all such permits and (iii) Tenant shall provide evidence of such consents must be submitted to Landlord before of commercially reasonable insurance coverage for the installation, location, repair, removal, and operation of the Rooftop Equipment, with Landlord as an additional insured, all in form and substance reasonably approved by Landlord and such insurance shall be maintained during the Term of this Lease; (iv) Tenant begins shall indemnify, defend, and hold Landlord harmless from and against any and all loss, liability, cost and expense incurred by Landlord as a result of the installation, location, repair, removal, or operation of the Rooftop Equipment on the Building; (v) Tenant shall be responsible for the installation, engineering, maintenance, repair and removal of the Rooftop Equipment and appurtenant equipment in accordance with all federal, state and local laws, and ordinances; (vi) no roof penetrations shall be made without obtaining Landlord's consent, which consent shall not be unreasonably withheld, conditioned or delayed; (vii) Tenant shall be responsible for any EXHIBIT 10.6 impairment of Landlord's roof warranty as a result of installation of the Rooftop Equipment except in the event that Tenant engages Landlord's preferred general contractor or roofing contractor for such installation, in which case such contractor shall take full responsibility for any such impairment; (viii) Tenant shall, at its own expense, promptly repair any damage or wear to install the roof resulting from the installation and use of the Rooftop Equipment and appurtenant equipment; and (ix) the operation of the Rooftop Equipment shall be for Tenant's internal use only. Landlord shall grant Tenant access to the roof for such installation, maintenance, repair, and removal of the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for not be obligated to pay any rental or other recurring charges with respect to the maintenance and operation use of the Rooftop Equipment while it is on roof as contemplated under this clause (b). Upon the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satelliteexpiration of this Lease, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, promptly remove the Rooftop Equipment (including all wiring related thereto)excluding any supplemental heating, within five days after the occurrence of ventilation and air-conditioning systems) and repair any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)damage caused by such removal.
Appears in 1 contract
Rooftop Equipment. Provided that Tenant complies with the terms of ----------------- this Section, Tenant maymay install, at its Tenant's risk and expenseexpense and to be used solely by Tenant, install an array of antennas (not to exceed forty (40) antennas without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed), including GPS receivers, omni antennas, and a satellite dish and related communications equipment and wiring style antennae, none of which shall be more than six (collectively, 6) feet in diameter (the "Rooftop ------- EquipmentROOFTOP EQUIPMENT") on the roof or the upper edge of the rear of the Building at a location approved by Landlord, --------- which equipment may . The Rooftop Equipment shall be used solely only by Tenant and its Permitted Transferees or Permitted SublesseesTenant. Before installing the Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (aA) specify in detail the design, location, size, and, in the case of a satellite dish, frequency location and size of the Rooftop Equipment and (bB) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws Laws. None of the Rooftop Equipment shall protrude more than five (5) feet above the "Legal Requirements")elevation of the roof on which it is installed and all such equipment to the extent reasonably practicable must be painted in a color reasonably acceptable to Landlord to minimize visibility. If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements Laws and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any equipment (including any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)transmission
Appears in 1 contract
Samples: Lease Agreement (Airvana Inc)
Rooftop Equipment. Provided that Tenant complies with the terms of ----------------- this Section, Tenant maymay install, at its Tenant's risk and expenseexpense and to be used solely by Tenant, install an array of antennas (not to exceed forty (40) antennas without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed), including GPS receivers, omni antennas, and a satellite dish and related communications equipment and wiring style antennae, none of which shall be more than six (collectively, 6) inches in diameter (the "Rooftop ------- EquipmentROOFTOP EQUIPMENT") on the roof or the upper edge of the rear of the Building at a location approved by Landlord, --------- which equipment may . The Rooftop Equipment shall be used solely only by Tenant and its Permitted Transferees or Permitted SublesseesTenant. Before installing the Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (aA) specify in detail the design, location, size, and, in the case of a satellite dish, frequency location and size of the Rooftop Equipment and (bB) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws Laws. None of the Rooftop Equipment shall protrude more than five (5) feet above the "Legal Requirements")elevation of the roof on which it is installed and all such equipment to the extent reasonably practicable must be painted in a color reasonably acceptable to Landlord to minimize visibility. If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements Laws and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any equipment (including any other satellite, antennae, or other transmission facility facility) on the Building's roof or in the Building. To the extent reasonably practicable, Landlord may require that Tenant screen the Rooftop Equipment seen from the street with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device device, if applicable, in good repair and condition. Upon Landlord's written request (but not otherwise), Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five (5) days after the occurrence of any of the following events: (1i) the termination of Tenant's right to possess the Premises; (2ii) the termination of the this Lease; (3iii) the expiration of the Term; or (4iv) the vacation of the Premises by Tenant and any and all assignees and/or sublessees approved by Landlord hereunder for a period of greater than sixty (60) consecutive days (but prior to the termination of this Lease or Tenant's right to possession of the Premises). If Tenant fails to do so, Landlord may remove all or any part of the Rooftop Equipment and store or dispose of it in any manner Landlord deems appropriate without liability to Tenant; Tenant shall reimburse Landlord for all costs incurred by Landlord in connection therewith within ten (10) days after Landlord's request therefor. Tenant shall repair any damage to the Building caused by or relating to the Rooftop Equipment, including that which is caused by its installation, maintenance, use, or removal and shall indemnify Landlord against all liabilities, losses, damages, and costs arising from the installation, maintenance, use, or removal of the Rooftop Equipment (UNLESS THE LIABILITIES, LOSSES, DAMAGES, AND COSTS IN QUESTION WERE CAUSED BY LANDLORD'S SOLE OR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT). All work relating to the Rooftop Equipment shall, at Tenant's expense, be coordinated with Landlord's roofing contractor so as not to affect any warranty for the Building's roof and shall not penetrate the roof.
Appears in 1 contract
Samples: Lease Agreement (Airvana Inc)
Rooftop Equipment. Provided that Tenant complies with shall have the terms of ----------------- this Section, Tenant mayright, at its risk and own expense, to install on the roof of the Building such HVAC package units which are not a part of the Building Shell as may be required under the Plans to furnish heating, ventilation, and air conditioning to the Building and, if in accordance with applicable zoning and other laws and regulations and with private restrictions of record, one (1) antenna or satellite dish and related communications equipment and wiring (collectively, the "Rooftop ------- Equipment"), provided that (i) on the design, size, shape, location, and manner of installation of the Rooftop Equipment shall be subject to Landlord's prior written approval, to be granted or denied in Landlord's sole discretion, and Tenant, at Tenant's sole cost, shall cause the Rooftop Equipment to be adequately screened from view by an enclosure constructed of such materials as may be reasonably specified by Landlord; (ii) the installation of the Rooftop Equipment shall not damage or otherwise adversely affect the roof or any other component of the Building at a location approved by Landlordor invalidate or impair the coverage of any warranty applicable to the same, --------- which equipment may be used solely by Tenant and its Permitted Transferees or Permitted Sublessees. Before (iii) in installing the Rooftop Equipment, Tenant shall submit be subject to Landlord for Section 13.2 as if such installation were the installation of Alterations (including, without limitation, the requirement that such installation comply with all applicable laws); (iv) after installing the Rooftop Equipment, Tenant, at its approval own expense, shall maintain the Rooftop Equipment in good condition and repair at all times, (which approval v) Tenant's operation of any rooftop antenna or satellite dish shall not interfere with the operation of communications equipment elsewhere in, on, or near the Building, (vi) upon termination of this Lease, the Rooftop Equipment shall be subject to removal from the Building in Landlordcompliance with Section 13.3 as if the Rooftop Equipment were Alterations, (vii) Tenant's sole discretion) plans indemnification set forth in Section 19.2 shall extend to all matters arising from or related to Tenant's installation, use, maintenance, and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency removal of the Rooftop Equipment Equipment, and (bviii) are sufficiently detailed Tenant shall use the Rooftop Equipment solely for its own use and benefit and shall not grant to allow any third party the right to use the Rooftop Equipment. Tenant, at its own expense, shall obtain all permits and approvals from the applicable authorities, including, without limitation, the City of Gaithersburg and Montgomery County, required for the Rooftop Equipment. Landlord shalx xxxxxxxxly cooperate in those efforts. All reasonable costs incurred by Landlord in regard to the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (Equipment, including, without limitation, the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such costs to seek permits and evidence of such consents must approvals, review plans and specifications, and oversee or inspect the installation, shall be submitted reimbursed by Tenant to Landlord before within fifteen (15) days after written request by Landlord. Any costs incurred by Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere connection with any other satellite, antennae, rooftop antenna or other transmission facility on satellite dish shall not be payable from the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)Improvement Allowance.
Appears in 1 contract
Samples: Lease Agreement (Gene Logic Inc)
Rooftop Equipment. Provided that Tenant complies with (a) Subject to the terms and conditions of ----------------- this SectionLease and the specific terms and conditions of this Section 5 of the Rider, upon Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant may, at its risk sole cost and expense, erect, maintain, install a and operate solely for use in Tenant’s business operations in the Premises (and not for use by third parties) during the Term, certain rooftop equipment such as satellite dish dish(es), antennas, telecommunications equipment, supplemental air conditioning units and other related communications or desired equipment and wiring (collectively, the "“Rooftop ------- Equipment"”) at locations on the roof of the Building at a as designated by Landlord (said location approved being herein referred to as the “Rooftop Equipment Space”). Such Rooftop Equipment Space shall not exceed Tenant’s Proportionate Share of the total Building rooftop space available for use by Landlord, --------- which equipment may be used solely by Tenant all Building tenants based on the relative square footage between the Premises and its Permitted Transferees or Permitted Sublesseesthe Building. Before installing the Rooftop Equipment, Tenant shall submit not install or operate any Rooftop Equipment until Tenant has obtained and submitted to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans copies of all required governmental permits, licenses, and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency of the Rooftop Equipment and (b) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required authorizations necessary for the installation and operation thereof; copies . Tenant shall comply with all Governmental Requirements applicable to the operation, use, repair and maintenance of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. In addition, Tenant shall thereafter maintain comply with all permits necessary for the maintenance construction rules and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere regulations promulgated by Landlord with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlordrespect thereto. Tenant shall maintain the Rooftop Equipment and screening device in good order, condition and repair and conditionin compliance with Governmental Requirements. Landlord makes no warranties or representations to Tenant with respect to the Rooftop Equipment Space. Landlord shall not charge Tenant rent for the use of the Rooftop Equipment Space during the Term. Upon expiration of this Lease or any earlier termination of the Lease or Tenant’s right to maintain the Rooftop Equipment in the Rooftop Equipment Space under this Section 5, Tenant shall, at its risk and sole expense, remove the Rooftop Equipment and all related conduits, cables and facilities installed on or in the Building in accordance with this Section 5 and repair any damage to the Rooftop Equipment Space and the Building caused thereby. Landlord reserves the right (including all wiring related thereto), within five days after the occurrence of without obligation) to relocate any one or more of the following events: (1) the termination of Rooftop Equipment, at Landlord’s cost, to alternate locations, provided such space remains technologically sufficient, in Landlord’s reasonable estimation. Tenant agrees to provide Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)’s “
Appears in 1 contract
Samples: Lease (Talis Biomedical Corp)
Rooftop Equipment. Provided that Tenant complies with At any time during the Lease Term, subject to the terms of ----------------- this SectionLease, including this Section 29.32, Tenant maymay install, at its risk Tenant's sole cost and expense, install a satellite dish certain telecommunications equipment, HVAC and other equipment to the extent reasonably related communications equipment to Tenant's use and wiring occupancy of the Premises (collectively, the "Rooftop ------- Equipment") on upon the roof of the Building. In no event shall such Rooftop Equipment installed hereunder utilize more than Tenant's Share of the commercially reasonable portion(s) of the rooftop made available for such equipment as reasonably designated by Landlord therefore. Tenant's right to utilize the roof of the Building pursuant to the terms hereof shall be non-exclusive and without any additional rent of charge. In no event shall Tenant create any roof penetrations in order to connect the Rooftop Equipment to the Premises (provided that Landlord shall make available to Tenant a commercially reasonable amount of the existing rooftop penetrations for Tenant's use in connecting its Rooftop Equipment to the Premises). The physical appearance and all specifications of the Rooftop Equipment shall be subject to Landlord's approval (which shall not be unreasonably withheld), the location of any such installation of the Rooftop Equipment shall be designated by Landlord (subject to Tenant's reasonable approval), and Landlord may require Tenant to install screening around such Rooftop Equipment, at a location approved Tenant's sole cost and expense, as reasonably designated by Landlord. Notwithstanding the foregoing, --------- which equipment may Tenant hereby agrees to attach the Rooftop Equipment to the roof in accordance with Landlord's Building standard method therefor. Tenant shall be used solely by Tenant responsible, at Tenant's sole cost and its Permitted Transferees expense, for (i) obtaining all permits or Permitted Sublessees. Before installing other governmental approvals required in connection with the Rooftop Equipment, Tenant shall submit (ii) repairing and maintaining and causing the Rooftop Equipment to Landlord for its approval comply with all Applicable Laws, (which approval shall be in Landlordiii) any repairs to the roof of the Building beyond normal wear and tear resulting from Tenant's sole discretionuse of or access to the Rooftop Equipment, and (iv) plans and specifications which (a) specify in detail prior to the designexpiration or earlier termination of this Lease, location, size, and, in the case of a satellite dish, frequency removal of the Rooftop Equipment and all associated wiring (b) are sufficiently detailed and the restoration of all affected areas to allow for the condition existing prior to the installation of thereof). In no event shall Tenant permit the Rooftop Equipment to interfere with any communications or other equipment at or servicing the Building or Project that exist as of the date of Tenant's installation (or reasonable substitutes or replacements therefor) or with any Building systems. Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys' fees) incurred in a good and workmanlike manner and connection with or arising from any cause related to Tenant's installation, use, repair or maintenance or any other matter relating to or in accordance connection with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk sole cost and expense, remove the all Rooftop Equipment (including any associated cabling) prior to the expiration or earlier termination of this Lease, repair all wiring damage resulting therefrom, and restore all affected areas to their condition existing prior to Tenant's installation of such Rooftop Equipment. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof and, at Landlord's option, Landlord and Tenant shall execute an amendment to this Lease covering the matters addressed in this Section 29.32, Tenant's payment for installation costs of the Rooftop Equipment, the installation and maintenance of such Rooftop Equipment by Tenant, Tenant's indemnification of Landlord with respect thereto, Tenant's obligation to remove such Rooftop Equipment (and to ./ -/// -58- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] restore the roof to its previously existing condition) upon the expiration or earlier termination of this Lease, and other related theretomatters. Subject to Landlord's reasonable rooftop rules and regulations (including, without limitation, Landlord's reasonable notice requirements), within five days after Tenant shall be permitted to access the occurrence of any roof of the following events: (1) Building in order to install, repair and maintain its Rooftop Equipment. The rights set forth in this Section 29.32 shall be personal to the termination of Tenant's right Original Tenant and its Permitted Transferee Assignee and may not be assigned to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)utilized by any other assignee, sublessee, transferee or any other party.
Appears in 1 contract
Rooftop Equipment. Provided that Landlord shall permit Tenant complies with the terms of ----------------- this Section, Tenant may, to install and maintain at its risk and expense, install a satellite dish and related Tenant's sole expense communications equipment and wiring to be used solely for communications from or to Tenant (collectively, the "Rooftop ------- Communications Equipment") on the roof of the Building at a location approved by in locations acceptable to Landlord and in strict compliance with all applicable governmental laws and regulations and Landlord, --------- which equipment 's roof warranty. The Communications Equipment may not be leased or hired out to any third parties and shall not be used solely for commercial purposes unrelated to Tenant's business conducted in the Premises. Landlord makes no warranties or representations to Tenant as to the permissibility of any Communications Equipment on the Building under applicable law. Tenant shall be required to obtain all governmental permits, consents or authorizations necessary for the erection and operation of the Communications Equipment, if any. Upon the expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, shall remove the Communications Equipment including any related cabling or wiring and restore the Building to a condition comparable to its condition immediately prior to the installation of such equipment, [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH A SERIES OF THREE ASTERISKS IN BRACKETS [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] ordinary wear and tear, and damage by Tenant and casualty not caused by Tenant, its Permitted Transferees agents, employees, contractors or Permitted Sublesseesinvitees, excepted. Before installing If installation of the Rooftop EquipmentCommunications Equipment requires any roof penetrations, Tenant shall submit use a contractor reasonably approved by Landlord and shall cause such work to Landlord for its be done in a manner that will preserve any roof warranty held by Landlord. The nature, design and specifications of any rooftop Communications Equipment to be subject to Landlord's reasonable approval (which approval shall not be unreasonably withheld or delayed. . Landlord, in Landlord's sole discretion, may permit Tenant to install and maintain, at Tenant's sole expense and in compliance with all applicable laws, additional HVAC equipment ("HVAC Equipment") plans and specifications which (a) specify in detail on the design, location, size, and, in the case of a satellite dish, frequency roof of the Rooftop Building if Tenant establishes to Landlord's satisfaction that the Building roof and structure are adequate to support the HVAC Equipment. Tenant shall provide full and complete plans for any rooftop HVAC Equipment to Landlord for its review and (b) are sufficiently detailed approval prior to allow for installing such equipment. Landlord makes no warranties or representations to Tenant as to the installation permissibility of any HVAC Equipment on the Building under applicable law or as to the ability of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements")Building to support additional rooftop HVAC Equipment. If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall be required to obtain all governmental permits, consents and permits required or authorizations necessary for the installation and operation of the HVAC Equipment and shall be solely responsible for any repair and maintenance thereof; copies of all such permits and evidence of such consents must be submitted to . Tenant shall use a contractor approved by Landlord before Tenant begins to install the Rooftop EquipmentHVAC Equipment and shall cause such work to be done in a manner that will not damage the roof or any other part of the Building and to preserve any roof warranty held by Landlord. Tenant's installation and use of the Communications Equipment or HVAC Equipment may not in any way interfere with the systems of the Building or the quiet enjoyment of other tenants of the Building or any other tenant's rooftop equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation acknowledges that other tenants of the Rooftop Equipment while it is Building have or will be installing antenna and related equipment in or on the Building and operate and maintain the Rooftop Equipment in Tenant agrees to cooperate with such a manner other tenants so as not to unreasonably interfere with avoid interference among users. If installation, maintenance, use, or removal of any equipment on the rooftop causes any damage to the roof or roof membrane or any other satellite, antennae, or other transmission facility on portion of the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. , then Tenant shall maintain be solely responsible for such damage and shall ensure that the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any remaining useful life of the following events: (1) roof is the termination of same as it would have been but for the penetrations. Tenant's right insurance and indemnification obligations shall apply to possess the Premises; (2) the termination any rooftop installations made by Tenant and any activities of the Lease; (3) the expiration of the Term; or (4)Tenant in relation thereto.
Appears in 1 contract
Samples: Nastech Pharmaceutical Co Inc
Rooftop Equipment. Provided that Landlord shall permit Tenant complies with the terms of ----------------- this Section, Tenant may, to install and maintain at its risk and expense, install a satellite dish and related Tenant's sole expense communications equipment and wiring to be used solely for communications from or to Tenant (collectively, the "Rooftop ------- Communications Equipment") and HVAC equipment serving the Premises on the roof of the Building at a location approved by in locations acceptable to Landlord and in strict compliance with all applicable governmental laws and regulations and Landlord, --------- 's roof warranty. Landlord will not install any communications equipment on the roof without Tenant's consent which equipment shall not be unreasonably withheld. The Communications Equipment may not be leased or hired out to any third parties and shall not be used solely by Tenant and its Permitted Transferees or Permitted Sublessees. Before installing the Rooftop Equipment, Tenant shall submit for commercial purposes unrelated to Landlord for its approval (which approval shall be in LandlordTenant's sole discretion) plans and specifications which (a) specify in detail the design, location, size, and, business conducted in the case Premises. Landlord makes no warranties or representations to Tenant as to the permissibility of a satellite dish, frequency any Communications Equipment on the Building under applicable law. Tenant must remove the Communications Equipment (including any related cabling or wiring) upon the expiration or earlier termination of the Rooftop Equipment and (b) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipmentthis Lease. Tenant shall thereafter maintain be required to obtain all permits governmental permits, consents or authorizations necessary for the maintenance erection and operation of the Rooftop Communications Equipment while it is on and rooftop HVAC equipment. If installation of the Communications Equipment and rooftop HVAC equipment requires any roof penetrations, Tenant shall use a contractor approved by Landlord and shall cause such work to be done in a manner that will preserve any roof warranty held by Landlord. The nature, design and specifications of any rooftop HVAC equipment to be subject to Landlord's reasonable approval which shall not be unreasonably withheld or delayed. Tenant's insurance and indemnification obligations shall apply to any rooftop installations made by Tenant and any activities of Tenant in relation thereto. Tenant's installation and use of the Communications Equipment may not in any way materially interfere with the systems of the Building and operate and maintain or the Rooftop Equipment in such a manner so as not to unreasonably interfere with any quiet enjoyment of other satellite, antennae, or other transmission facility on the Building's roof or in tenants of the Building. Landlord may require that Tenant screen Upon the Rooftop Equipment with a parapet expiration or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shallearlier termination of this Lease, Tenant, at its risk sole cost and expense, shall remove the Rooftop Communications Equipment including any related cabling or wiring (including all wiring and if Landlord so directs, the rooftop HVAC equipment installed by Tenant and any related thereto)duct work or wiring) and restore the Building to a condition comparable to its condition immediately prior to the installation of such equipment ordinary wear and tear, within five days after the occurrence and damage by casualty not caused by Tenant, its agents, employees, contractors or invitees, excepted. If installation, maintenance, use, or removal of any equipment on the rooftop causes any damage to the roof or roof membrane or any other portion of the following events: (1) Building, then Tenant shall be solely responsible for such damage and shall ensure that the termination of Tenant's right to possess the Premises; (2) the termination remaining useful life of the Lease; (3) roof is the expiration of same as it would have been but for the Term; or (4)penetrations.
Appears in 1 contract
Samples: Lease (Eden Bioscience Corp)
Rooftop Equipment. Provided that Tenant complies with the terms of ----------------- this Section, Tenant maymay install, at its Tenant's risk and expenseexpense and to be used solely by Tenant, install a satellite dish and related communications equipment and wiring style antennae of no more than five (collectively, 5) feet in diameter (the "Rooftop ------- EquipmentROOFTOP EQUIPMENT") on the roof of the Building at a location approved by Landlord, --------- which equipment may . The Rooftop Equipment shall be used solely only by Tenant and its Permitted Transferees or Permitted SublesseesTenant. Before installing the Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval shall not be in Landlord's sole discretionunreasonably withheld, conditioned or delayed to the extent such plans and specifications do not reflect alterations which affect the exterior or 38 structure of the Building or its HVAC, plumbing or mechanical systems or its base building electrical system) plans and specifications which (aA) specify in detail the design, location, size, and, in the case of a satellite dish, frequency location and size of the Rooftop Equipment (and, with respect to the Rooftop Equipment, such specifications shall also contain the frequency of such equipment) and (bB) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws laws, regulations, restrictions (governmental or otherwise) and architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time (the "Legal RequirementsLEGAL REQUIREMENTS"). None of the Rooftop Equipment shall protrude more than five (5) feet above the elevation of the roof on which it is installed and all such equipment must be painted in a color reasonably acceptable to Landlord to minimize visibility. If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any equipment (including any other satellite, antennae, or other transmission facility facility) on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device reasonably acceptable to Landlord. All electrical usage for the Rooftop Equipment shall be separately metered or, at Landlord's election, shall be placed on the same electrical meter as the Premises. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Landlord may relocate the Rooftop Equipment to another location on the roof of the Building at its sole cost and expense upon prior written notice to Tenant so long as the new location does not materially interfere with Tenant's reception received by the satellite or antennae, unless said relocation is requested because the Rooftop Equipment is unreasonably interfering with other equipment on the Building's roof or in the Building (in which case Tenant shall pay for the cost of such relocation). Upon Landlord's written request (but not otherwise), Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five (5) days after the occurrence of any of the following events: (1i) the termination of Tenant's right to possess the Premises; (2ii) the termination of the Lease; (3iii) the expiration of the Term; or (4iv) the Premises shall be vacated by Tenant and any and all assignees and/or sublessees approved by Landlord hereunder. If Tenant fails to do so, Landlord may remove all or any part of the Rooftop Equipment and store or dispose of it in any manner Landlord deems appropriate without liability to Tenant; Tenant shall reimburse Landlord for all costs incurred by Landlord in connection therewith within ten (10) days after Landlord's request therefor. Tenant shall repair any damage to the Building caused by or relating to the Rooftop Equipment, including that which is caused by its installation, maintenance, use, or removal and shall indemnify Landlord against all liabilities, losses, damages, and costs arising from the installation, maintenance, use, or removal of the Rooftop Equipment (UNLESS THE LIABILITIES, LOSSES, DAMAGES, AND COSTS IN QUESTION WERE CAUSED BY LANDLORD'S SOLE OR GROSS NEGLIGENCE OR WILFUL MISCONDUCT). All work relating to the Rooftop Equipment shall, at Tenant's 39 expense, be coordinated with Landlord's roofing contractor so as not to affect any warranty for the Building's roof and shall not penetrate the roof.
Appears in 1 contract
Rooftop Equipment. Provided that Tenant complies with the terms of ----------------- this Section, Tenant mayTenant, at its risk sole cost and expense, install shall have the nonexclusive right (it being understood that Landlord may grant, extend or renew similar rights to others) to install, maintain and, from time to time, replace a satellite dish reasonable amount of telecommunication equipment, dedicated HVAC and related communications other equipment and wiring (including, but not limited to lab equipment) (collectively, the "“Rooftop ------- Equipment"”) on the roof of the Building at a location approved by LandlordBuilding; provided, --------- which equipment may be used solely by Tenant and its Permitted Transferees that (A) prior to commencing any installation or Permitted Sublessees. Before installing maintenance of the Rooftop Equipment, Tenant shall submit obtain Landlord’s prior written approval (In Landlord’s reasonable discretion) of the proposed size, weight, location and screening of the Rooftop Equipment, the method for fastening the same to the roof, the method and location and size of any cables, conduit, wiring and other equipment necessary for the Rooftop Equipment to serve the Premises, Tenant’s design and specifications of the foregoing and Tenant’s plan to provide power to the Rooftop Equipment, (B) such installation and/or replacement by Tenant shall comply strictly with all Legal Requirements and the conditions of any bond or warranty maintained by Landlord on the roof (the “Roof Warranty”) and the Rules and Regulations, (C) Tenant shall use all the Rooftop Equipment solely for its approval internal use, (which approval D) Tenant shall be in Landlord's not grant any right to use the Rooftop Equipment to any other party other than its Permitted Transferee(s), and (E) Tenant shall obtain, at Tenant’s sole discretion) plans cost and specifications which (a) specify in detail expense, any necessary federal, state and municipal permits, licenses and approvals necessary for the design, location, size, and, in the case of a satellite dish, frequency installation and use of the Rooftop Equipment and (b) are sufficiently detailed deliver copies thereof to allow Landlord. The term “Rooftop Equipment” shall also include all cables, conduit, wiring and other equipment installed by Tenant in connection with any equipment installed on the roof. Tenant shall install the Rooftop Equipment in a manner that does not void or jeopardize the Rooftop Warranty and at Landlord’s request, Tenant shall obtain a written confirmation from the issuer of the Rooftop Warranty that any installation, repair, replacement and removal of the Rooftop Equipment has not voided the Rooftop Warranty. Landlord may supervise or perform any roof penetration related to the installation of any Rooftop Equipment and Landlord may charge the cost thereof to Tenant. Tenant agrees that all installation, construction, maintenance and removal shall be performed in a neat, responsible and workmanlike manner, using generally acceptable construction standards, consistent with such requirements as shall be imposed by Landlord and consistent with the plans and specifications approved by Landlord for the installation of the Rooftop Equipment Equipment. Tenant further agrees to label each cable, conduit, wiring and other equipment placed by Tenant in a good and workmanlike manner and in accordance the Building, with all Laws (identification information as required by Landlord. Tenant shall repair any damage to the "Legal Requirements"). If Landlord approves Building caused by Tenant’s installation, maintenance, replacement, use or removal of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and Tenant may remove the Rooftop Equipment at its cost at any time during the Term; provided, that Tenant shall thereafter maintain remove all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on at Tenant’s cost and expense upon the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, expiration or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlordtermination of this Lease. Tenant shall maintain repair and restore any damage to the Building, Project and any Common Areas caused by Tenant’s removal of the Rooftop Equipment and screening device in good repair and conditionEquipment. If Tenant shall, at its risk and expense, does not so remove the Rooftop Equipment (including all wiring related thereto), within five days after by the occurrence of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the expiration or earlier termination of the Lease; Term, the same shall be an Event of Default, and at Landlord’s election, the Rooftop Equipment shall be deemed abandoned and at Landlord’s option in its sole and absolute discretion, shall thereupon become the property of Landlord, in which case Landlord may possess, use, dispose of (3at Tenant’s sole cost and expense) and otherwise enjoy the expiration beneficial incidents of the ownership thereof as Landlord deems appropriate. Landlord makes no warranty or representation that the Building or any portions thereof are suitable for the use of the Rooftop Equipment, it being assumed that Tenant shall satisfy itself thereof. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, losses, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’ installation, maintenance, repair, replacement, use or removal of the Rooftop Equipment, including without limitation, any voiding of the Rooftop Warranty caused by the installation, maintenance, repair, replacement, use or removal of the Rooftop Equipment, during the Term; or (4).
Appears in 1 contract
Samples: Lease (Candel Therapeutics, Inc.)
Rooftop Equipment. Provided that Tenant complies with Subject to the terms of ----------------- this Sectionfollowing provisions hereof, Tenant mayshall have the exclusive right to install, at on Tenant’s Proportionate Share (as such term is hereinafter defined) of the portion of the roof of the Building on which installations can be made, an emergency generator (independent of the generators included in Base Building Work) (“Tenant’s Generator”) and equipment for telecommunications, data transmission and other similar technologies, in each case to be utilized by Tenant, for the purpose of Tenant’s conduct of the Permitted Uses within the Premises and/or within other premises leased by Tenant in the Xxxxxxx Square, Cambridge area, and by its risk permitted subtenants and expense, install a satellite dish assignees hereunder only (“Tenant’s Communications Equipment”). “Tenant’s Proportionate Share” shall mean the ratio of the Total Rentable Floor Area of the Premises to the Total Rentable Floor Area of the Building. Landlord and related communications Xxxxxx acknowledge and agree that certain equipment and wiring (collectivelyfixtures, the "Rooftop ------- Equipment") which may include Tenant’s Generator, will be installed on the roof of the Building at a location approved by as part of Landlord, --------- which equipment may be used solely by Tenant and its Permitted Transferees ’s Work (as such term is hereinafter defined). In connection with the installation of Tenant’s Generator (if the same is not part of Landlord’s Work) or Permitted Sublessees. Before installing the Rooftop Equipmentany Tenant’s Communications Equipment as contemplated in this Section 2.3(C), Tenant shall submit to Landlord plans and specifications (including, but not limited to, design and size) for Tenant’s Generator (if the same is not part of Landlord’s Work) or such Tenant’s Communications Equipment and the proposed location thereof on the roof of the Building (including but not limited to the size and aesthetics of such Tenant’s Generator (if the same is not part of Landlord’s Work) or Tenant’s Communications Equipment and the architectural compatibility and relationship between Xxxxxx’s Generator (if the same is not part of Landlord’s Work) or such Tenant’s Communications Equipment and the general area of the Lot). Landlord shall respond within ten (10) business days after its receipt of such plans and specifications either indicating its approval (which approval shall not be unreasonably withheld, delayed or conditioned) or stating with reasonable specificity its reasons for disapproval. If Landlord fails to respond within such ten (10) business day period, Tenant may re-send such request to Landlord via registered or certified mail, return receipt requested, or recognized overnight delivery service, with the following statement in Landlord's sole discretionbold at the beginning of such request, “WARNING: POSSIBLE DEEMED APPROVAL NOTICE. Failure to respond to this request within ten (10) days may lead to deemed approval of such request”. Should Landlord fail to respond to such second request within ten (10) days after receipt thereof, such failure shall be deemed to be approval of such plans and specifications by Landlord. In addition to the foregoing, it is understood and agreed that the exercise of rights by Tenant under this Section 2.3(C) shall be subject to Tenant obtaining and keeping in full force and effect, at Tenant’s sole cost and expense, all permits, approvals, licenses and other determinations as shall be necessary or required under all applicable laws, ordinances, rules, regulations, statutes, by-laws, court decisions, and orders, policies and requirements of all public authorities (“Legal Requirements”) with respect the use and operation of Tenant’s Generator (if the same is not part of Landlord’s Work) or Tenant’s Communications Equipment (Landlord hereby agreeing to cooperate with Tenant in obtaining any such approval, provided that Landlord shall not be put to any third party cost or expense in connection therewith). It is further understood and agreed that rights set forth in this Section 2.3(C) with respect to Tenant’s Communication Equipment but not with respect to Tenant’s Generator, whether installed as part of Landlord’s Work or by Xxxxxx, shall only be exercisable by Tenant on the conditions (which conditions may be waived by Landlord at any time upon written notice to Tenant) that: (ai) specify in detail there is no Event of Default at the design, location, size, and, in the case time of a satellite dish, frequency Xxxxxx’s request for approval of said plans and specifications hereunder; (ii) Tenant directly leases seventy-five percent (75%) or more of the Rooftop Equipment Office Portion of the Building (inclusive of any permitted subleases under Article XII below); and (biii) are sufficiently detailed to allow for the installation of the Rooftop Equipment this Lease is still in a good full force and workmanlike manner and in accordance with all Laws (the "Legal Requirements")effect. If Landlord approves shall install Tenant’s Generator as part of Landlord’s Work or Tenant shall install Tenant’s Generator or if Tenant shall install such plansTenant’s Communications Equipment, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary responsible for the maintenance and operation repair thereof, at Tenant’s sole cost and Tenant’s Generator and such Tenant’s Communications Equipment shall be at the sole risk of Tenant, except to the Rooftop Equipment while it extent of Xxxxxxxx’s negligence, Landlord having no obligation with respect to any insurance relating thereto. In performing the work necessary to install (if Tenant is on the Building and operate and installing Tenant’s Generator) or maintain the Rooftop Equipment Tenant’s Generator or to install or maintain Tenant’s Communications Equipment, Tenant shall engage a contractor approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned; provided that, in Landlord’s reasonable judgment, such a manner so as contractor will be able to preserve Landlord’s roof warranty. Landlord shall respond within ten (10) business days after its receipt of written request for Landlord’s approval of such contractor (which approval shall not be unreasonably withheld, delayed or conditioned) or stating with reasonable specificity its reasons for disapproval. If Landlord fails to unreasonably interfere with any other satelliterespond within such ten (10) business day period, antennaeTenant may re-send such request to Landlord via registered or certified mail, return receipt requested, or other transmission facility on recognized overnight delivery service, with the Building's roof or following statement in bold at the Buildingbeginning of such request, “WARNING: POSSIBLE DEEMED APPROVAL NOTICE. Failure to respond to this request within ten (10) days may lead to deemed approval of such request”. Should Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable fail to respond to such second request within ten (10) days after receipt thereof, such failure shall be deemed to be approval of such contractor by Landlord. Tenant shall have no rights to license, sublease, assign or otherwise transfer its rights to install and use Tenant’s Communications Equipment (other than to permitted subtenants and assignees). Subject to the rights expressly granted in this subsection (D) in connection with Tenant’s Communications Equipment, including without limitation Tenant’s rights to use Tenant’s Proportionate Share of the roof of the Building, and the rights expressly granted in subsection (E) in connection with the Roof Deck (as hereinafter defined), Landlord hereby reserves the right (at its sole discretion but without impairing the roof rights of Tenant as set forth herein) to install and to permit others to install, use and maintain antennas and similar installations on the Rooftop rooftop of the Building, provided that any agreement with a third party granting the right to install telecommunications equipment shall contain language prohibiting interference with Tenant’s Communications Equipment and screening device shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied; however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in good repair and conditionits agreement with such interfering party. Tenant shallTenant, at its risk and Tenant’s expense, remove shall repair any damage to the Rooftop Equipment Building and the Lot resulting from Tenant’s installation, operation, maintenance, repair, replacement or removal of Tenant’s Generator and Tenant’s Communications Equipment. Landlord, at Landlord’s expense and not as an Operating Expense under this Lease, shall repair any damage to the Building and the Lot resulting from Landlord’s or any such third party’s installation, operation, maintenance, repair, replacement or removal of antennas and similar installations as set forth in the immediately preceding paragraph (including all wiring related thereto), within five days after except to the occurrence of any extent such installations are utilized by Landlord solely in connection with the operation of the following events: (1) Building, in which event such costs may be included in Operating Expenses for the termination of Tenant's right to possess Building in accordance with Article VII hereof). Upon the Premises; (2) the expiration or earlier termination of the Lease; (3) Lease Term, Tenant, at Tenant’s expense shall remove Tenant’s Generator and Tenant’s Communications Equipment and restore the expiration portion of the Term; roof and/or the Building on or in which Tenant’s Generator and Tenant’s Communications Equipment was located as nearly as practicable to its condition prior to the installation thereof (4reasonable wear and tear and damage by Casualty and Taking (as those terms are defined in Article XIV) excepted).
Appears in 1 contract
Samples: Commencement Date Agreement (Akamai Technologies Inc)
Rooftop Equipment. Provided that Tenant complies with shall have the terms of ----------------- this Section, Tenant maynon-exclusive right, at its risk Tenant’s sole cost and expense, to install a satellite dish and related communications communication equipment and wiring (collectively, the "Rooftop ------- Equipment") on upon the roof of the Building at a location approved and use existing fiber optic and television cables presently located in the Building without any representation or warranty by LandlordLandlord as to the condition of the same (collectively, --------- which equipment may be used solely by Tenant the “Rooftop Equipment”) under the following conditions: (i) all plans and its Permitted Transferees or Permitted Sublessees. Before installing specifications for the Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (a) specify in detail the designincluding but not limited to, weight, configuration, location, sizemeans of installation, and, in the case of a satellite dish, frequency cabling and screening of the Rooftop Equipment and are subject to the prior reasonable approval of Landlord; (bii) are sufficiently detailed Tenant shall provide evidence to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with Landlord that Tenant has obtained all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents governmental approvals and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. ; (iii) Tenant shall thereafter maintain all permits necessary provide evidence to Landlord of insurance coverage for the maintenance installation, location, repair, removal, and operation of the Rooftop Equipment while it is on Equipment, with Landlord as an additional insured, all in form and substance reasonably approved by Landlord and such insurance shall be maintained during the Building Term of this Lease; (iv) Tenant shall indemnify, defend, and operate hold Landlord harmless from and maintain against any and all loss, liability, cost and expense incurred by Landlord as a result of the installation, location, repair, removal, or operation of the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. ; (v) Tenant shall maintain be responsible for the installation, engineering, maintenance, repair and removal of the Rooftop Equipment and screening device appurtenant equipment in good repair accordance with all federal, state and condition. local laws, and ordinances; (vi) no roof penetrations shall be made without obtaining Landlord’s consent, which consent shall not be unreasonably withheld; (vii) Tenant shall be responsible for any impairment of Landlord’s roof warranty as a result of installation of the Rooftop Equipment; (viii) Tenant shall, at its risk and own expense, promptly repair any damage or wear to the roof resulting from the installation and use of the Rooftop Equipment and appurtenant equipment; and (x) the operation of the Rooftop Equipment shall be for Tenant’s internal use only. Landlord shall grant Tenant access to the roof for such installation, maintenance, repair, and removal of the Rooftop Equipment. Landlord shall not interfere with or allow any other tenants to interfere with Tenant’s Rooftop Equipment and shall use commercially reasonable efforts not install or allow installation of any equipment on the roof which interferes with the signal transmissions to Tenant’s Rooftop Equipment. Upon the expiration of this Lease, Tenant shall promptly remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of and appurtenant equipment and repair any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)damage caused by such removal.
Appears in 1 contract
Samples: REVA Medical, Inc.
Rooftop Equipment. Provided that Tenant complies with the terms of ----------------- this Section, Tenant may, at its risk and expense, install a satellite dish and related communications equipment and wiring (collectively, the "Rooftop ROOFTOP ------- EquipmentEQUIPMENT") on the roof of the Building at a location approved by Landlord, --------- which equipment may be used solely by Tenant and its Permitted Transferees or Permitted SublesseesTenant. Before installing the Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency of the Rooftop Equipment and (b) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)
Appears in 1 contract
Samples: Lease Agreement (Peerless Group Inc)
Rooftop Equipment. Provided that 34.21.1 Tenant complies with shall have the terms of ----------------- this Section, Tenant may, at its risk and expense, install a satellite dish and related communications equipment and wiring (collectively, the "Rooftop ------- Equipment") right to lease space on the roof of the Building at a location for the purpose of installing, operating and maintaining one (1) dish, antenna or other communication device approved by Landlord, --------- which equipment may and not more than three (3) Supplemental HVAC Units (if Tenant requires additional Supplement HVAC Units, Landlord will not unreasonably withheld its consent to the installation of additional Supplemental HVAC Units, provided that all such Supplemental HVAC Units comply with the requirements of this Section 34.21 (the “Rooftop Equipment”), on the terms of this Section 34.21. The exact location of the space on the roof to be used solely leased by Tenant shall be reasonably designated by Landlord (the “Roof Space”). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term; provided that Landlord shall have no right to relocate Rooftop Equipment which are Supplemental HVAC Units. Landlord’s designation shall take into account Tenant’s use of the Rooftop Equipment. Notwithstanding the foregoing, Tenant’s right to install the Rooftop Equipment shall be subject to the approval rights of Landlord and its Permitted Transferees or Permitted Sublessees. Before installing Landlord’s architect and/or engineer with respect to the plans and specifications of the Rooftop Equipment, Tenant shall submit the manner in which the Rooftop Equipment is attached to Landlord for its the roof of the Building and the manner in which any cables are run to and from the Rooftop Equipment, such approval (which approval shall not to be in Landlord's sole discretion) plans unreasonably withheld, conditioned, or delayed. The precise specifications and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency general description of the Rooftop Equipment and (b) are sufficiently detailed along with all documents Landlord reasonably requires to allow for review the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ “Plans and Specifications”) shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord for Landlord’s written approval no later than twenty (20) days before Tenant begins commences to install the Rooftop Equipment. If Landlord fails to respond to Tenant’s request within such ten (10)-business day period, Tenant may provide a second request for approval to Landlord, and if Landlord fails to respond within five (5) business days after receipt of Tenant’s second request, then Landlord’s approval shall be deemed given. Landlord shall grant or withhold its approval of any Rooftop Equipment within ten (10) business days from receipt of the Plans and Specifications. If Landlord fails to respond to Tenant’s request within such ten (10)-business day period, Tenant may provide a second request for approval to Landlord, and if Landlord fails to respond within five (5) business days after receipt of Tenant’s second request, then Landlord’s approval shall be deemed given (but only to the extent that Tenant’s request otherwise complies with all of the requirements of this Section 34.21). Tenant shall thereafter maintain be solely responsible for obtaining all permits necessary governmental and regulatory approvals and for the maintenance cost of installing, operating, maintaining and operation removing the Rooftop Equipment. Tenant shall notify Landlord upon completion of the installation of the Rooftop Equipment. If Landlord determines that the Rooftop Equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Rooftop Equipment while it is on or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant shall promptly cure the defects. If the Tenant fails to cure the defects within ten (10) business days following receipt of written notice, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building and operate and maintain the Rooftop Equipment caused by such installation. If at any time Landlord, in such a manner so as not to unreasonably interfere with any other satelliteits sole discretion, antennaedeems it necessary, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment provide and screening device in good repair and condition. Tenant shallinstall, at its risk Tenant’s sole cost and expense, remove appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Rooftop Equipment (including all wiring related theretothe “Aesthetic Screening”), within five days after the occurrence of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4).
Appears in 1 contract
Samples: Eventbrite, Inc.
Rooftop Equipment. Provided that Upon the written request of Tenant complies with at any time during the terms Term hereof, and subject in all events to the availability of ----------------- this Sectionadequate space therefor from time to time, Tenant mayshall have the non-exclusive right, at its risk in accordance with applicable Laws, to operate, maintain, repair, replace and expense, install a satellite dish and related communications remove certain rooftop equipment and wiring (collectively, the "“Rooftop ------- Equipment"”), subject to the following terms, conditions and limitations: (i) the location of the Rooftop Equipment shall be on the roof of the Building in such location as Landlord shall reasonably direct (and shall occupy no more than Tenant’s Share of the total available roof space), and Tenant agrees that in the event Landlord requires the relocation of the Rooftop Equipment after it has been installed, Tenant agrees to relocate the same, at Landlord’s sole cost and expense, to a new location approved on the Building’s roof reasonably designated by Landlord, --------- unless such relocation is necessary to comply with applicable Laws, in which equipment may event such relocation shall be used solely by Tenant at Tenant’s sole cost and its Permitted Transferees or Permitted Sublessees. Before installing expense; (ii) except as provided in the foregoing clause, the installation, operation, maintenance, repair, replacement and removal of the Rooftop Equipment, and any attendant costs and expense, shall be the sole responsibility of Tenant; (iii) Tenant shall submit screen the Rooftop Equipment in a manner satisfactory in all respects to Landlord for so as to preserve the aesthetics and architectural harmony of the Building; (iv) prior to the installation of any such device, Tenant shall obtain, at its approval (which approval shall be in Landlord's sole discretion) plans cost and specifications which (a) specify in detail expense, all approvals, permits and licenses required by any regulatory body having authority over the design, location, size, and, in the case of a satellite dish, frequency installation or operation of the Rooftop Equipment and shall deliver evidence of the same to Landlord; (bv) are sufficiently detailed Tenant shall use contractors reasonably approved by Landlord for the installation, maintenance and removal of the Rooftop Equipment (provided that any penetrations through the Building’s roof shall, at Landlord’s option, only be performed by Landlord’s roofing contractor at Tenant’s sole cost and expense); (vi) upon the expiration or earlier termination of this Lease (but in any event, prior thereto), Tenant shall, upon Landlord’s request, remove the Rooftop Equipment and repair, to allow Landlord’s reasonable satisfaction, any damage caused by such installation, use or removal at Tenant’s sole cost and expense, and restore those portions of the roof affected thereby to the condition existing prior to such installation; (vii) Tenant and all other third parties shall be prohibited from accessing or using the Building’s roof for any purpose not permitted in this Lease, without Landlord’s prior written consent; (viii) Tenant shall not sublet, license or otherwise permit any other party to use the Rooftop Equipment, nor engage in the reselling of any services associated with the Rooftop Equipment, it being acknowledged and agreed that the Rooftop Equipment may only be utilized for use by Tenant; (ix) neither Tenant nor any agent, employee or contractor of Tenant shall have access to the Building’s roof without having given Landlord at least one (1) business day’s advance notice, and without being accompanied, at Tenant’s cost, by a representative of Landlord; and (x) such Rooftop Equipment shall not interfere with the communication or other systems of Landlord or other tenants of the Property. The size, type and location of the Rooftop Equipment shall be subject to Landlord’s approval, which shall not be unreasonably withheld so long as such Rooftop Equipment and the placement thereof does not adversely affect the structural integrity of the roof or any material provisions of Landlord’s roof warranty. Landlord’s consenting to the installation of the Rooftop Equipment at the Building is in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If no way to be interpreted as any representation by Landlord approves of that such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance will conform with all Legal Requirements and shall applicable Laws, or relieve Tenant of its obligation to obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins necessary consents, licenses or other approvals necessary to install the and operate such Rooftop Equipment. Tenant further agrees (a) to cause its insurance required hereunder to be extended to include the Rooftop Equipment, and (b) that Tenant’s waiver and indemnity obligations hereunder shall thereafter maintain all permits necessary for extend to any loss, liability or claim resulting from the installation, operation, maintenance and operation removal of the such Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the BuildingEquipment. Landlord may require that Tenant screen the Rooftop Equipment with a parapet shall not impose any fees or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)rental costs for said roof rights.
Appears in 1 contract
Samples: Industrial Lease Agreement (Elevance Renewable Sciences, Inc.)
Rooftop Equipment. Provided that Tenant complies with shall have the terms of ----------------- this Section, Tenant maynon-exclusive right, at its risk Tenant’s sole cost and expenseexpense (subject to the Allowance), to install a satellite dish and related communications supplemental HVAC, necessary ducting, satellite, telecommunication and/or television equipment and wiring (collectively, the "Rooftop ------- Equipment") on the roof of the Building at as required for Tenant’s business in a location approved by Landlordmutually acceptable area (collectively, --------- which equipment may be used solely by Tenant the “Rooftop Equipment”) under the following conditions: (i) all plans and its Permitted Transferees or Permitted Sublessees. Before installing the specifications for any and all such Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (a) specify in detail the designincluding but not limited to, weight, configuration, location, sizemeans of installation, and, in the case of a satellite dish, frequency cabling and screening of the Rooftop Equipment and are subject to the prior reasonable approval of Landlord, which approval shall not be unreasonably withheld or delayed; (bii) are sufficiently detailed Tenant shall provide evidence to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with Landlord that Tenant has obtained all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents governmental approvals and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. ; (iii) Tenant shall thereafter maintain all permits necessary provide evidence to Landlord of insurance coverage for the maintenance installation, location, repair, removal, and operation of the Rooftop Equipment while it is on Equipment, with Landlord as an additional insured, all in form and substance reasonably approved by Landlord and such insurance shall be maintained during the Building Term of this Lease; (iv) Tenant shall indemnify, defend, protect and operate hold Landlord harmless from and maintain against any and all loss, liability, cost and expense incurred by Landlord as a result of the installation, location, repair, removal, and/or operation of the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof , except to the extent caused by Landlord’s gross negligence or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. willful misconduct; (v) Tenant shall maintain be responsible for the installation, engineering, maintenance, repair and removal of the Rooftop Equipment and screening device appurtenant equipment in good repair and condition. accordance with all Laws; (vi) any roof penetrations shall be made subject to the prior reasonable approval of Landlord, which approval shall not be unreasonably withheld or delayed; (vii) Tenant shall be responsible for any impairment of Landlord’s roof warranty as a result of installation of any such Rooftop Equipment; (viii) Tenant shall, at its risk and own expense, promptly repair any damage or wear to the roof resulting from the installation and use of the Rooftop Equipment and appurtenant equipment; (x) the operation of the Rooftop Equipment shall be for Tenant’s internal use only; and (xi) Tenant shall provide reasonable screening of the Rooftop Equipment at Tenant’s sole cost and expense as may be reasonably required by Landlord. Landlord shall grant Tenant access to the roof for such installation, maintenance, repair, and removal of the Rooftop Equipment. Upon the expiration of this Lease, Tenant shall promptly remove the Rooftop Equipment (including all wiring related thereto)and appurtenant equipment and repair any damage caused by such removal; provided, within five days after the occurrence of however, Tenant shall not be required to remove any HVAC units installed as part of the following events: (1) Rooftop Equipment. There shall be no additional charge to Tenant during the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; Term or (4)any Option Term for said roof rights.
Appears in 1 contract
Samples: Attornment Agreement (Inphi Corp)
Rooftop Equipment. Provided that Tenant complies with shall have the terms of ----------------- this Section, Tenant mayright, at its Tenant’s sole risk and expense, install a satellite dish and related communications equipment and wiring (collectively, the "Rooftop ------- Equipment") to erect an antenna on the roof of the Building at in a location approved by Landlord, --------- which equipment may be used solely by Tenant and its Permitted Transferees or Permitted Sublessees. Before installing the Rooftop Equipment, Tenant shall submit in a manner acceptable to Landlord for its approval and subject to the requirements of all applicable laws, provided that (which approval i) such antenna shall be a free-standing, non-penetrating antenna or satellite dish not exceeding one meter in Landlord's sole discretiondiameter together with accessory cables and conduits (the “Antenna”); (ii) plans and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency of the Rooftop Equipment and (b) are sufficiently detailed to allow for the installation of the Rooftop Equipment such Antenna shall be done by contractors approved by Landlord in a good and workmanlike manner in compliance with all building codes and regulations, free from any liens or claims of liens and in accordance with all Laws (plans and specifications therefor reasonably approved in writing by Landlord, which plans shall show the "Legal Requirements"). If Landlord approves proposed installation thereof and the method of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use connecting the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for same to the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), facilities within five days after the occurrence of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2iii) throughout the termination Term, Tenant shall keep the Antenna in good condition and repair and perform all maintenance and repairs thereto at Tenant’s sole cost or expense and without voiding or adversely affecting any warranty granted to Landlord with respect to the roof or adversely affecting the watertightness of the Leaseroof membrane; (3iv) Landlord shall not be responsible for any loss or damage to the Antenna, and (except for losses occasioned by the gross negligence or willful misconduct of Landlord) Tenant shall indemnify, hold Landlord harmless and defend Landlord from and against all claims, damages, liability or expense (including attorney fees) related directly or indirectly to the installation, existence, use, maintenance, repair, testing, removal or replacement of the Antenna; (v) Tenant shall be responsible for all repairs, maintenance, preventing and repairing any leakage or other damage to the Building or any system currently serving the Building related directly or indirectly to the installation, existence, use, maintenance, repair, testing, removal or replacement of the Antenna and, at Landlord’s option, shall either reimburse Landlord for the cost thereof or cause the same to be performed by contractors and workmen reasonably acceptable to Landlord; (vi) at the request of Landlord, Tenant shall remove or temporarily relocate the Antenna, if necessary, to facilitate any repairs or replacements to the roof of the Building being performed by Landlord; (vii) prior to the expiration of the TermTerm or upon the earlier termination of this Lease, Tenant, at its sole cost, shall remove the Antenna, repair any damages caused thereby and restore the Building to the condition existing prior to the installation thereof; (viii) Tenant may have access to the roof to perform any of the foregoing work only with Landlord’s permission and with Landlord’s supervision; (ix) the use of the Antenna shall not interfere with any transmission or reception equipment presently located in the Building and should such interference occur, Tenant shall eliminate the interference within two (4)2) business days after notice from Landlord, failing which Landlord reserves the right to disconnect power to Tenant’s Antenna; and (x) Tenant shall not provide or resell antenna services to any other tenant or occupant in the Building without Landlord’s prior written approval. Tenant’s rights hereunder shall be coterminous with the Term of the Lease, as extended herein, including any renewals or extensions thereof. Tenant, at its sole expense and risk, shall ensure that a physical inspection of the rooftop portion of the Antenna equipment occurs at intervals of no more than six (6) months and that this inspection include a survey of structural integrity and watertightness and a review and correction of any loose bolts, fittings or other appurtenances. Tenant shall provide a written certification of such inspections to Landlord not more than ten (10) days following each such inspection. In the absence of such a certification, Landlord shall have the right (but not the obligation) to conduct or arrange for such an inspection and corrective action and to charge Tenant for such costs.
Appears in 1 contract
Samples: Office Lease (Fitbit Inc)
Rooftop Equipment. Provided that Tenant complies with shall have the terms of ----------------- this Section, Tenant maynon-exclusive right, at its risk Tenant’s sole cost and expense, to install a one satellite dish and related communications equipment and wiring antenna (collectively, the "Rooftop ------- Equipment"“Dish”) on of up to twenty (20) inches in diameter upon the roof of the Building at a location approved by Landlord, --------- which equipment may be used solely by Tenant and its Permitted Transferees or Permitted Sublessees. Before installing under the Rooftop Equipment, Tenant shall submit to Landlord for its approval following conditions: (which approval shall be in Landlord's sole discretioni) all plans and specifications which (a) specify in detail for the designDish, including but not limited to, weight, configuration, location, sizemeans of installation, and, in the case of a satellite dish, frequency cabling and screening of the Rooftop Equipment and Dish are subject to the prior reasonable approval of Landlord; (bii) are sufficiently detailed Tenant shall provide evidence to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with Landlord that Tenant has obtained all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents governmental approvals and permits required for the installation and operation thereofof the Dish; copies of all such permits and (iii) Tenant shall provide evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary of insurance coverage for the maintenance installation, location, repair, removal, and operation of the Rooftop Equipment while it is on Dish, with Landlord as an additional insured, all in form and substance reasonably approved by Landlord and such insurance shall be maintained during the Building Term of this Lease; (iv) Tenant shall indemnify, defend, and operate hold Landlord harmless from and maintain against any and all loss, liability, cost and expense incurred by Landlord as a result of the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satelliteinstallation, antennaeEXHIBIT E location, repair, removal, or other transmission facility operation of the Dish on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. ; (v) Tenant shall maintain reimburse Landlord within fifteen (15) days of demand for any loss or expense or damages incurred by Landlord due to the Rooftop Equipment and screening device in good installation, location, repair, removal or operation of the Dish; (vi) Tenant shall be responsible for the installation, engineering, maintenance, repair and condition. removal of the Dish and appurtenant equipment in accordance with all federal, state and local laws, and ordinances; (vii) no roof penetrations shall be made without obtaining Landlord’s consent, which consent may be given or withheld at Landlord’s sole reasonable discretion; (viii) Tenant shall be responsible for any impairment of Landlord’s roof warranty; (ix) Tenant shall, at its risk and own expense, remove promptly repair any damage or wear to the Rooftop Equipment (including all wiring related thereto), within five days after roof resulting from the occurrence of any installation and use of the following events: Dish and appurtenant equipment; and (1x) the termination operation of the Dish shall be for the support of Tenant's right ’s business in the Premises only. Landlord shall grant Tenant access to possess the Premises; (2) the termination of the Lease; (3) roof for such installation, maintenance, repair, and removal. Upon the expiration of this Lease, Tenant shall promptly remove the Term; Dish and appurtenant equipment and make any repairs to and restoration of the roof and Building as are necessary to restore the Building and roof to the condition existing prior to the installation of the Dish. Tenant’s rights herein are further subject to the rights of any existing occupants of the Building or the Building roof, and in no event shall Tenant’s equipment interfere with the equipment of Landlord or other tenants or occupants of the Building or Building roof. Notwithstanding any provision of this Lease to the contrary, if Landlord reasonably determines that the Dish is interfering with the equipment of Landlord or other tenants or occupants of the Building or third parties, or causing damage to the Building, Landlord shall notify Tenant and shall afford Tenant five (4)5) Business Days to cure such interference. If as of the expiration of said five (5) Business Day period, the interference continues, then Landlord shall have the right to require the removal of the Dish from the roof and Tenant must remove the Dish within ten (10) business days of its receipt of notice from Landlord. Upon Landlord’s request, Tenant shall execute a reasonable antenna license agreement. The rights to install and operate a Dish on the roof of the Building as provided herein personal to the original Tenant executing this Lease, and may not be assigned, voluntarily or involuntarily, to any person or entity other than a Permitted Transferee. [END OF EXHIBIT] EXHIBIT E EXHIBIT F COMMENCEMENT LETTER Date Tenant Address
Appears in 1 contract
Rooftop Equipment. Provided that Subject to the following provisions hereof, Tenant complies shall have the exclusive right from time to time during the Lease Term within the portion of the roof of the Building shown on Exhibit I-1 attached hereto (“Tenant’s Rooftop Area”) to (i) maintain, repair and replace the three (3) existing supplemental HVAC units (“Tenant’s HVAC Equipment”) located on the portion of the roof of the Building shown on Exhibit I-2 attached hereto, (ii) maintain, repair and replace the existing emergency generator and diesel fuel tank (collectively, “Tenant’s Generator”) located on the portion of the roof of the Building shown on Exhibit I-2 attached hereto and (iii) install, maintain, repair and replace equipment for telecommunications, data transmission and other similar technologies, in each case to be utilized by Tenant, for the purpose of Tenant’s conduct of the Permitted Uses within the Premises and/or within other premises leased by Tenant in the Xxxxxxx Square, Cambridge area, and by its permitted subtenants and assignees and Permitted Transferees (as herein defined) hereunder only (“Tenant’s Communications Equipment”). Any future replacements or installations of Tenant’s HVAC Equipment shall be located within the area shown as “Dry Coolers” on Exhibit I-1. Any future replacements or installations of Tenant’s Generator shall be located within the area shown as “Tenant’s Generator and Telecom Equipment” on Exhibit I-1. Any future replacements or installations of Tenant’s Communications Equipment shall be located within the area shown as “Tenant’s Generator and Telecom Equipment” and/or the area shown as “Dry Coolers” on Exhibit I-1. In connection with the terms installation of ----------------- Tenant’s Communications Equipment, as well as any replacement of Tenant’s Generator or Tenant’s HVAC Equipment or installation of new generator or HVAC equipment (which new generator and/or HVAC equipment shall be subject to the provisions hereof applicable to Tenant’s Generator and/or Tenant’s HVAC Equipment, as the case may be), as contemplated in this SectionSection 2.2(D), Tenant mayshall submit to Landlord plans and specifications (including, but not limited to, design and size) therefor and the proposed exact location thereof within Tenant’s Rooftop Area (including but not limited to the size and aesthetics of such items and the architectural compatibility and relationship between the same and the general area of the Lot). Landlord shall respond within ten (10) business days after its receipt of such plans and specifications either indicating its approval (which approval shall not be unreasonably withheld, delayed or conditioned) or stating with reasonable specificity its reasons for disapproval. If Landlord fails to respond within such ten (10) business day period, Tenant may re-send such request to Landlord via registered or certified mail, return receipt requested, or recognized overnight delivery service, with the following statement in bold at the beginning of such request, “WARNING: POSSIBLE DEEMED APPROVAL NOTICE. Failure to respond to this request within ten (10) days may lead to deemed approval of such request”. Should Landlord fail to respond to such second request within ten (10) days after receipt thereof, such failure shall be deemed to be approval of such plans and specifications by Landlord. In addition to the foregoing, it is understood and agreed that the exercise of rights by Tenant under this Section 2.2(D) shall be subject to Tenant obtaining and keeping in full force and effect, at Tenant’s sole cost and expense, all permits, approvals, licenses and other determinations as shall be necessary or required under all applicable laws, ordinances, rules, regulations, statutes, by-laws, court decisions, and orders, policies and requirements of all public authorities (“Legal Requirements”) with respect the use and operation of Tenant’s HVAC Equipment, Tenant’s Generator and/or Tenant’s Communications Equipment (Landlord hereby agreeing to cooperate with Tenant in obtaining any such approval, provided that Landlord shall not be put to any third party cost or expense in connection therewith). It is further understood and agreed that rights set forth in this Section 2.2(D) with respect to Tenant’s Communications Equipment but not with respect to Tenant’s Generator or Tenant’s HVAC Equipment shall only be exercisable by Tenant on the conditions (which conditions may be waived by Landlord at any time upon written notice to Tenant) that: (i) there is no Event of Default at the time of Tenant’s request for approval of said plans and specifications hereunder; (ii) Tenant directly leases seventy-five percent (75%) or more of the Building (inclusive of any permitted subleases under Article XII below); and (iii) this Lease is still in full force and effect. Tenant shall, at Tenant’s sole cost, be responsible for the maintenance and repair of Tenant’s HVAC Equipment, Tenant’s Generator and any such Tenant’s Communications Equipment. Tenant’s HVAC Equipment, Xxxxxx’s Generator and any such Tenant’s Communications Equipment shall be at the sole risk of Tenant, except to the extent of Landlord’s negligence, Landlord having no obligation with respect to any insurance relating thereto. In performing the work necessary to maintain Tenant’s HVAC Equipment or Tenant’s Generator or to install or maintain Tenant’s Communications Equipment, Tenant shall engage a contractor approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned; provided that, in Landlord’s reasonable judgment, such contractor will be able to preserve Landlord’s roof warranty. Landlord shall respond within ten (10) business days after its receipt of written request for Landlord’s approval of such contractor (which approval shall not be unreasonably withheld, delayed or conditioned) or stating with reasonable specificity its reasons for disapproval. If Landlord fails to respond within such ten (10) business day period, Tenant may re-send such request to Landlord via registered or certified mail, return receipt requested, or recognized overnight delivery service, with the following statement in bold at the beginning of such request, “WARNING: POSSIBLE DEEMED APPROVAL NOTICE. Failure to respond to this request within ten (10) days may lead to deemed approval of such request”. Should Landlord fail to respond to such second request within ten (10) days after receipt thereof, such failure shall be deemed to be approval of such contractor by Landlord. Tenant shall provide Landlord with evidence on an annual basis of the existence of a maintenance contract for Tenant’s Generator with a contractor approved by Landlord as aforesaid. Tenant shall have no rights to license, sublease, assign or otherwise transfer its rights to install and use Tenant’s Communications Equipment (other than to permitted subtenants and assignees and Permitted Transferees). Subject to the rights expressly granted in this subsection (D) in connection with Tenant’s Communications Equipment, Landlord hereby reserves the right (at its sole discretion but without impairing the roof rights of Tenant as set forth herein) to install and to permit others to install, use and maintain antennas and similar installations on the rooftop of the Building, provided that any agreement with a third party granting the right to install telecommunications equipment shall contain language prohibiting interference with Tenant’s Communications Equipment and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied; however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering party. Tenant’s Generator shall be used solely to provide back-up power in the event of an outage for Tenant’s lights and plugs in the Premises and dedicated heating, ventilation and air conditioning systems serving the Premises, but not for the purposes of running any life-safety systems or equipment (it being understood and agreed that such dedicated HVAC systems (including, without limitation, Tenant’s HVAC Equipment) may not function during such an outage, even if connected to Tenant’s Generator, to the extent that the base building systems are not functioning). Landlord shall have no obligation to provide any services to Tenant’s Generator. Tenant shall, at its risk sole cost and expense and otherwise in accordance with the provisions of this Section 2.2(D), arrange for all utility services required for the operation of Tenant’s Generator. Tenant, at Tenant’s expense, install a satellite dish shall repair any damage to the Building and related communications equipment the Lot resulting from Tenant’s installation (if applicable), operation, maintenance, repair, replacement or removal of Tenant’s HVAC Equipment, Tenant’s Generator and wiring Tenant’s Communications Equipment. Landlord, at Landlord’s expense and not as an Operating Expense under this Lease, shall repair any damage to the Building and the Lot resulting from Landlord’s or any such third party’s installation, operation, maintenance, repair, replacement or removal of antennas and similar installations serving parties other than Tenant as set forth in this Section 2.2(D) (collectivelyexcept to the extent such installations are utilized by Landlord solely in connection with the operation of the Building, in which event such costs may be included in Operating Expenses for the "Rooftop ------- Equipment"Building in accordance with Article VII hereof). Upon the expiration or earlier termination of the Lease Term, Tenant, at Tenant’s expense, shall remove (i) any Tenant’s HVAC Equipment installed on the roof of the Building at a location approved after the Execution Date to the extent that Landlord conditioned its consent to such installation on such removal, (ii) Tenant’s Generator and (iii) Tenant’s Communications Equipment and restore the portion of the roof and/or the Building on or in which the same were located as nearly as practicable to its condition prior to the installation thereof (reasonable wear and tear, damage by LandlordLandlord and damage by Casualty and Taking (as those terms are defined in Article XIV) excepted). Notwithstanding anything to the contrary contained herein, --------- which equipment may be used solely by Tenant and its Permitted Transferees upon the expiration or Permitted Sublessees. Before installing earlier termination of the Rooftop EquipmentLease Term, Tenant shall submit not be required to Landlord for its approval remove the following (which approval shall be in Landlord's sole discretion) plans and specifications which “Non-Removal HVAC Units”): (a) specify in detail the design, location, size, and, in three (3) supplemental HVAC units existing on the case of a satellite dish, frequency roof of the Rooftop Equipment and Building as of the Execution Date (the “Existing HVAC Units”) or (b) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves any replacements of such plansExisting HVAC Units, Tenant ------------------ provided that the total number of Non-Removal HVAC Units shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; never exceed three (3) the expiration of the Term; or (4).
Appears in 1 contract
Samples: Commencement Date Agreement (Akamai Technologies Inc)
Rooftop Equipment. Provided that Tenant complies with the terms of ----------------- this Section, Tenant may, Sublessor shall permit Sublessee to install and maintain at its risk and expense, install a satellite dish and related Sublessee’s sole expense communications equipment to be used solely for communications from or to Sublessee (“Communications Equipment”) and wiring HVAC equipment (collectively, “HVAC Equipment”) serving the "Rooftop ------- Equipment") Premises on the roof of the Building at a location approved by Landlord, --------- which equipment in locations acceptable to Lessor and Sublessor and in strict compliance with all applicable governmental laws and regulations and Lessor’s roof warranty. The Communications Equipment may not be leased or hired out to any third parties and shall not be used solely by Tenant and its Permitted Transferees or Permitted Sublessees. Before installing the Rooftop Equipment, Tenant shall submit for commercial purposes unrelated to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (a) specify in detail the design, location, size, and, Sublessee’s business conducted in the case Premises. Sublessor makes no warranties or representations to Sublessee as to the permissibility of a satellite dish, frequency any Communications Equipment on the Building under applicable law. Sublessee must remove the Communications Equipment (including any related cabling or wiring) upon the expiration or earlier termination of the Rooftop Equipment and (b) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements")this Sublease. If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and Sublessee shall obtain all governmental permits, consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits or authorizations necessary for the maintenance erection and operation of the Rooftop Communications Equipment while it is on and HVAC Equipment. If installation of the Communications Equipment and HVAC Equipment requires any roof penetrations, Sublessee shall use a contractor approved by Lessor and Sublessor and shall cause such work to be done in a manner that will preserve any roof warranty held by Lessor. The nature, design and specifications of any HVAC Equipment shall be subject to Lessor’s and Sublessor’s approval, which approval shall not be unreasonably withheld or delayed. Sublessee’s insurance and indemnification obligations shall apply to any rooftop installations made by Sublessee and any activities of Sublessee in relation thereto. Sublessee’s installation and use of the Communications Equipment may not in any way materially interfere with the systems of the Building and operate and maintain or the Rooftop Equipment in such a manner so as not to unreasonably interfere with any quiet enjoyment of other satellite, antennae, or other transmission facility on the Building's roof or in tenants of the Building. Landlord may require that Tenant screen Upon the Rooftop Equipment with a parapet expiration or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shallearlier termination of this Sublease, Sublessee, at its risk sole cost and expense, shall remove the Rooftop Communications Equipment, including any related cabling or wiring, and, if Sublessor so elects, the HVAC Equipment (including all wiring and any related thereto)duct work or wiring, within five days after and restore the occurrence Building to a condition comparable to its condition immediately prior to the installation of such equipment ordinary wear and tear, and damage by casualty not caused by Sublessee, its agents, employees, contractors or invitees, excepted. Sublessor shall make the same election as to whether the HVAC Equipment is to remain in place or be removed as the Lessor makes under Section 34 of the Master Lease. If Sublessee’s installation, maintenance, use, or removal of any equipment on the rooftop causes any damage to the roof or roof membrane or any other portion of the following events: (1) Building, then Sublessee shall be solely responsible for such damage and shall ensure that the termination of Tenant's right to possess the Premises; (2) the termination remaining useful life of the Lease; (3) roof is the expiration of same as it would have been but for the Term; or (4)penetrations.
Appears in 1 contract
Samples: Sublease (Eden Bioscience Corp)
Rooftop Equipment. Provided that Tenant complies with At any time during the Term, subject to the existing rights as of the date hereof and the terms of ----------------- this SectionLease, including this Section 2, Tenant maymay install one (1) satellite dish (the “Rooftop Equipment”) upon the roof of the Building. In no event shall Tenant create any roof penetrations in order to connect the Rooftop Equipment to the Premises (provided that Landlord shall make available to Tenant a commercially reasonable amount of the existing rooftop penetrations for Tenant’s use in connecting its Rooftop Equipment to the Premises). The physical appearance and all specifications of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such installation of the Rooftop Equipment shall be designated by Landlord, and Landlord may require Tenant to install screening around such Rooftop Equipment, at its risk Tenant’s sole cost and expense, install a satellite dish as reasonably designated by Landlord. Notwithstanding the foregoing, Tenant hereby agrees to attach any Rooftop Equipment to the roof in accordance with Landlord’s Building standard method therefor, so long as such Building standard is commercially reasonable. Tenant shall be responsible, at Tenant’s sole cost and related expense, for (i) obtaining all permits or other governmental approvals required in connection with the Rooftop Equipment, and (ii) repairing and maintaining and causing the Rooftop Equipment to comply with all applicable Laws. In no event shall Tenant permit the Rooftop Equipment to interfere with the Base Building or any communications equipment at the Building that is located on or in the Building prior to the installation of Tenant’s Rooftop Equipment (or reasonable substitutes therefor) or the use and wiring (collectivelyoperation of any Building helipad. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof and Landlord and Tenant shall execute an amendment to this Lease covering the matters addressed in this Section 3, the "payment for installation costs of the Rooftop ------- Equipment", the installation and maintenance of such Rooftop Equipment, Tenant’s indemnification of Landlord with respect thereto, Tenant’s obligation to remove such Rooftop Equipment (and restore the roof to its previously existing condition) on upon the expiration or earlier termination of this Lease, and other related matters. Subject to Landlord’s reasonable rules and regulations (including, without limitation, Landlord’s reasonable notice requirements), Tenant shall be permitted to access the roof of the Building at a location approved by Landlordin order to install, --------- which equipment may be used solely by Tenant repair and maintain its Permitted Transferees or Permitted Sublessees. Before installing the Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency of the Rooftop Equipment and (b) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits EXHIBIT G 0000 XXXXXXX XXXXXXX, XXX XXXX, XX HAZARDOUS MATERIALS DISCLOSURE CERTIFICATE Your cooperation in this matter is appreciated. Initially, the information provided by you in this Hazardous Materials Disclosure Certificate is necessary for the maintenance and operation Landlord to evaluate your proposed uses of the Rooftop Equipment while it premises (the “Premises”) and to determine whether to enter into a lease agreement with you as tenant. If a lease agreement is on signed by you and the Building and operate and maintain Landlord (the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto“Lease”), within five days after you are to provide an update to the occurrence of any of the following events: information initially provided by you in this certificate, and obtain Landlord’s approval, before commencing a new Use (1) the termination of Tenant's right to possess the Premises; (2) the termination defined in Section 28.1.2 of the Lease; ) of Hazardous Materials (3) the expiration as defined in Section 28.1.1 of the Lease), all as provided in Section 28.1.2 of the Lease. Any questions regarding this certificate should be directed to, and when completed, the certificate should be delivered to: Landlord: c/o Equity Xxxxxx 0000 Xxxxxx Xxxxx, Xxxxx 000 Xxx Xxxxx, XX 00000 Attn: Market Officer Phone: (000) 000-0000 Name of (Prospective) Tenant: Mailing Address: Contact Person, Title and Telephone Number(s): Contact Person for Hazardous Waste Materials Management and Manifests and Telephone Number(s): Address of (Prospective) Premises: Length of (Prospective) initial Term; or (4):
Appears in 1 contract
Rooftop Equipment. Provided that (a) Tenant complies shall have the right, at no charge to Tenant, to install and operate rooftop mechanical equipment to be used in connection with the terms of ----------------- this SectionTenant’s lab uses, Tenant may, at its risk and expense, install a satellite dish and related communications equipment and wiring (collectively, the "Rooftop ------- Equipment") to be installed in an area on the roof of the North Building at to be designated for Tenant’s use (such area is referred to as the “Rooftop Equipment Area”). Following the execution of this Amendment, Landlord and Xxxxxx shall work together, each acting reasonably and in good faith, to agree on a rooftop plan which will (i) determine a mutually acceptable location approved by Landlord, --------- which equipment may be used solely by Tenant for placement of the Rooftop Equipment (defined below) and its Permitted Transferees or Permitted Sublessees. Before installing (ii) reach an agreement as to the manner of installation of the Rooftop Equipment. While Landlord agrees to act reasonably and in good faith, Landlord shall not be deemed to be unreasonable if (x) it designates specific areas as suitable for placement of the Rooftop Equipment (it being understood that Landlord needs to take into account conditions for future rooftop installations), or (y) it places any condition(s) on any manner of equipment installation that would adversely affect the proper functioning of the Building systems. Tenant’s rooftop equipment shall be subject to Landlord’s approval, not to be unreasonably withheld, conditioned or delayed, regarding size and the manner of installation, including conformance with Landlord’s reasonable design criteria and any other reasonable requirements. The approved rooftop equipment shall be referred to herein as the “Rooftop Equipment”. Tenant shall ensure that installation of the Rooftop Equipment will not in any way affect the roof warranty or the structural integrity of the roof, and shall require its employees and contractors to exercise the standard of care required by the manufacturer of the roofing materials to prevent voiding roof warranties. In connection with the foregoing, Tenant shall submit to Landlord for its approval (the plans and specifications for the Rooftop Equipment installation, which approval shall not be unreasonably withheld, conditioned or delayed, and shall comply with Landlord’s requirements under Section 6.2.5 of the Lease, in Landlord's sole discretion) all respects, provided, however, Landlord shall not be deemed unreasonable for conditioning its approval of any plans and specifications which (a) specify in detail if the designmanner of installation will not meet, locationat a minimum, size, and, the same standard of care required by the manufacturer of the roofing materials to prevent voiding roof warranties. Tenant shall also have the right to use its proportionate share of common conduit and shaft space in the case of a satellite dishBuilding, frequency of if available, at no charge, to connect the Rooftop Equipment and (b) are sufficiently detailed Premises to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain also pay Landlord all permits necessary for costs of electricity in connection with the maintenance Rooftop Equipment, as reasonably determined by Landlord, such amounts to be included in Expansion Premises Tenant Electric payable by Tenant in accordance with Section 16 hereof and operation Section 4.2.5(b) of the Rooftop Equipment while it is on the Building and operate and Lease. Xxxxxx agrees to maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellitegood condition and repair throughout the Term. The installation, antennaeoperation, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the maintenance, repair and removal of all Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, be at its risk Tenant’s sole cost and expense, remove the Rooftop Equipment (including utilizing contractors approved by Landlord, which may be Landlord’s roofing contractor if required by Landlord, and shall be performed in accordance with all wiring related thereto), within five days after the occurrence of any applicable laws and requirements of the following events: (1) the termination Town of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)Bedford and any other governmental agencies and public authorities having jurisdiction.
Appears in 1 contract
Samples: Lantheus Holdings, Inc.
Rooftop Equipment. Provided that Tenant complies with At any time during the Term, subject to the existing rights as of the date hereof and the terms of ----------------- this SectionLease, including this Section 2, Tenant maymay install one (1) satellite dish (the “Rooftop Equipment”) upon the roof of the Building. In no event shall Tenant create any roof penetrations in order to connect the Rooftop Equipment to the Premises (provided that Landlord shall make available to Tenant a commercially reasonable amount of the existing rooftop penetrations for Tenant’s use in connecting its Rooftop Equipment to the Premises). The physical appearance and all specifications of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such installation of the Rooftop Equipment shall be designated by Landlord, and Landlord may require Tenant to install screening around such Rooftop Equipment, at its risk Tenant’s sole cost and expense, install a satellite dish as reasonably designated by Landlord. Notwithstanding the foregoing, Tenant hereby agrees to attach any Rooftop Equipment to the roof in accordance with Landlord’s Building standard method therefor, so long as such Building standard is commercially reasonable. Tenant shall be responsible, at Tenant’s sole cost and related expense, for (i) obtaining all permits or other governmental approvals required in connection with the Rooftop Equipment, and (ii) repairing and maintaining and causing the Rooftop Equipment to comply with all applicable Laws. In no event shall Tenant permit the Rooftop Equipment to interfere with the Base Building or any communications equipment at the Building that is located on or in the Building prior to the installation of Tenant’s Rooftop Equipment (or reasonable substitutes therefor) or the use and wiring (collectivelyoperation of any Building helipad. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof and Landlord and Tenant shall execute an amendment to this Lease covering the matters addressed in this Section 3, the "payment for installation costs of the Rooftop ------- Equipment", the installation and maintenance of such Rooftop Equipment, Tenant’s indemnification of Landlord with respect thereto, Tenant’s obligation to remove such Rooftop Equipment (and restore the roof to its previously existing condition) on upon the expiration or earlier termination of this Lease, and other related matters. Subject to Landlord’s reasonable rules and regulations (including, without limitation, Landlord’s reasonable notice requirements), Tenant shall be permitted to access the roof of the Building at a location approved by Landlordin order to install, --------- which equipment may be used solely by Tenant repair and maintain its Permitted Transferees or Permitted Sublessees. Before installing the Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency of the Rooftop Equipment and (b) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits Confidential Treatment Requested by Ubiquiti Networks, Inc. EXHIBIT G 0000 XXXXXXX XXXXXXX, XXX XXXX, XX HAZARDOUS MATERIALS DISCLOSURE CERTIFICATE Your cooperation in this matter is appreciated. Initially, the information provided by you in this Hazardous Materials Disclosure Certificate is necessary for the maintenance and operation Landlord to evaluate your proposed uses of the Rooftop Equipment while it premises (the “Premises”) and to determine whether to enter into a lease agreement with you as tenant. If a lease agreement is on signed by you and the Building and operate and maintain Landlord (the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto“Lease”), within five days after you are to provide an update to the occurrence of any of the following events: information initially provided by you in this certificate, and obtain Landlord’s approval, before commencing a new Use (1) the termination of Tenant's right to possess the Premises; (2) the termination defined in Section 28.1.2 of the Lease; ) of Hazardous Materials (3) the expiration as defined in Section 28.1.1 of the Lease), all as provided in Section 28.1.2 of the Lease. Any questions regarding this certificate should be directed to, and when completed, the certificate should be delivered to: Landlord: c/o Equity Xxxxxx 0000 Xxxxxx Xxxxx, Xxxxx 000 Xxx Xxxxx, XX 00000 Attn: Market Officer Phone: (000) 000-0000 Name of (Prospective) Tenant: Mailing Address: Contact Person, Title and Telephone Number(s): Contact Person for Hazardous Waste Materials Management and Manifests and Telephone Number(s): Address of (Prospective) Premises: Length of (Prospective) initial Term; or (4):
Appears in 1 contract
Rooftop Equipment. Provided that Tenant complies with During the terms of ----------------- this SectionTerm, Tenant mayshall have the non- exclusive license to procure and install, operate and maintain, all in good order and repair, at its risk sole cost and expenseexpense in all instances, install a additional HVAC equipment, antennas, satellite dish dishes and related communications accessory equipment and wiring (collectively, the "Rooftop ------- Equipment") connections on the roof of the Building at a location approved by Landlord(collectively, --------- which equipment may be used solely by Tenant and its Permitted Transferees or Permitted Sublessees. Before installing the “Rooftop Equipment”), Tenant shall submit and to Landlord for its approval (which approval shall be tie-in Landlord's sole discretion) plans and specifications which (a) specify in detail said Rooftop Equipment to the design, location, size, and, in the case of a satellite dish, frequency Premises. The location of the Rooftop Equipment and (bsuch tie-ins shall be approved by Landlord in its sole discretion. Tenant acknowledges and agrees that Tenant shall continue to be obligated to perform all of its obligations under this Lease if Tenant is unable to use such Rooftop Equipment. Landlord shall use commercially reasonable efforts to accommodate Tenant’s Rooftop Equipment requirements, but Landlord shall have the right to reasonably limit and allocate Tenant’s utilization of available roof and/or other Building utility space, and, further, Tenant acknowledges that Landlord has the right to use and reserve rooftop(s) are sufficiently detailed and other Building utility space for future Building operations and other uses and operations. Landlord shall have the right, to allow for the installation of be exercised in good faith, to require Tenant to relocate the Rooftop Equipment Equipment, from time to time, at Tenant’s sole cost and expense, to an alternative location on the roof or in a good and workmanlike manner and the Building selected by Landlord in accordance with all Laws its reasonable discretion. Tenant acknowledges that Landlord may decide, in its reasonable discretion, from time to time, to repair or replace the roof (the "Legal Requirements"“Roof Repairs”). If Landlord approves of such planselects to make Roof Repairs that will in Landlord’s good faith determination require Tenant to temporarily relocate its Rooftop Equipment, Tenant ------------------ shall install (in a good shall, upon Xxxxxxxx's request and workmanlike manner)at Tenant’s sole cost and expense, maintain and use temporarily relocate the Rooftop Equipment so that the Roof Repairs may be completed; Landlord and Tenant shall use good faith efforts to cooperate in accordance connection with all Legal Requirements and shall obtain all consents and permits required for such temporary relocation in order to minimize or mitigate the installation and operation thereof; copies of all such permits and evidence effect of such consents must temporary relocation on Tenant’s business operations. The cost of removing and reinstalling same shall be submitted paid by Xxxxxx. Landlord shall not be liable to Landlord before Tenant begins to install for any losses, liability, injury, damages, claim, suit, lost profits or other costs or expenses of any kind whatsoever incurred by Tenant, or any invitee, licensee or agent of Tenant as the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation result of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)Roof Repairs.
Appears in 1 contract
Samples: smlouvy.gov.cz
Rooftop Equipment. Provided that Tenant complies 4.29.1 Notwithstanding anything to the contrary contained in the Rules and Regulations and subject to compliance with all applicable Governmental Requirements and the terms and conditions of ----------------- this SectionLease, and provided that such installation and roof use shall not void any roof or other warranty applicable to the Building, Tenant mayshall have the non-exclusive right to install and maintain on the roof of the Building, at its risk Tenant's sole cost and expense, install a Telecommunication Facilities consisting of one (1) telecommunication antenna or satellite dish and related communications supplemental HVAC equipment and wiring (all of the foregoing collectively, the "Rooftop ------- Equipment") and associated wiring and cabling ("Tenant's Roof Rights") on the condition that such Rooftop Equipment is specifically and exclusively for the use of Lightbridge, Inc. in the ordinary course of its business. At Tenant's expense, Landlord shall make available Tenant's Pro Rata Share of any conduit space in the vertical risers of the Building which the Landlord from time to tome makes available to tenants of the Building for purposes of running wiring and cabling in order to connect Tenant's Rooftop Equipment to the Premises. Tenant's Rooftop Equipment shall in no event occupy more than a two thousand (2,000) square foot area on the roof of the Building at a location approved by Landlord, --------- which equipment may be used solely by Tenant and its Permitted Transferees or Permitted SublesseesBuilding. Before installing the Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval No additional rental shall be payable in Landlord's sole discretion) plans and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency respect of the installation and use of such Rooftop Equipment and (b) are sufficiently detailed associated wiring and cabling. Landlord has not made any representations or promises pertaining to allow for the installation suitability of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any of the following events: (1) the termination of rooftop for Tenant's use. Tenant, for the purpose of this paragraph and its right to possess rooftop access hereunder, accepts the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)rooftop in its "AS IS" condition.
Appears in 1 contract
Samples: Gross Lease (Lightbridge Inc)
Rooftop Equipment. Provided Landlord hereby grants to Tenant the non-exclusive right to occupy certain portions of the roof of the Building (the "Rooftop Premises"), as such Rooftop Premises shall be designated by Landlord in Landlord's sole and absolute discretion, so that Tenant complies with the terms of ----------------- this Sectionmay install, Tenant mayuse, at its risk operate and expense, install a maintain one or more satellite television dish or antennae (for receiving purposes only) and related communications equipment their appurtenant conduit and wiring cabling (collectively, the "Rooftop ------- Equipment"), until the expiration or termination of the term of this Lease. Landlord may, from time to time, upon ten (10) business days prior written notice to Tenant, require Tenant to relocate the Rooftop Equipment to another location on the roof of the Building as reasonably designated by Landlord (which new location shall thereafter be deemed the Rooftop Premises). Tenant shall perform any such relocation at a location approved by LandlordTenant's sole cost and expense in accordance with the terms of this Paragraph 44 and the other terms and conditions of this Lease (including, --------- which equipment may be used solely by Tenant and its Permitted Transferees or Permitted Sublesseeswithout limitation, Paragraph 12 above). Before installing Notwithstanding anything to the contrary set forth in this Paragraph, neither the Rooftop Equipment, nor any work or act in connection with the Rooftop Equipment, by or on behalf of Tenant shall submit may invalidate or otherwise affect the warranty relating to the roof, unless otherwise specified by Landlord for in writing in its approval (which approval sole and absolute discretion. The Rooftop Equipment and Tenant's use of the Rooftop Premises shall be in Landlord's sole discretion) plans and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency of the Rooftop Equipment and (b) are sufficiently detailed to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any of the additional following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)conditions:
Appears in 1 contract
Rooftop Equipment. Provided that Landlord shall permit Tenant complies with the terms of ----------------- this Section, Tenant may, to install and maintain at its risk and expense, install a satellite dish and related Tenant’s sole expense communications equipment and wiring to be used solely for communications from or to Tenant (collectively, the "Rooftop ------- “Communications Equipment"”) on the roof of the Building at a location approved by in locations acceptable to Landlord and in strict compliance with all applicable governmental laws and regulations and Landlord, --------- which equipment ’s roof warranty. The Communications Equipment may not be leased or hired out to any third parties and shall not be used solely for commercial purposes unrelated to Tenant’s business conducted in the Premises. Landlord makes no warranties or representations to Tenant as to the permissibility of any Communications Equipment on the Building under applicable law. Tenant shall be required to obtain all governmental permits, consents or authorizations necessary for the erection and operation of the Communications Equipment, if any. Upon the expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, shall remove the Communications Equipment including any related cabling or wiring and restore the Building to a condition comparable to its condition immediately prior to the installation of such equipment, [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH A SERIES OF THREE ASTERISKS IN BRACKETS [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] ordinary wear and tear, and damage by Tenant and casualty not caused by Tenant, its Permitted Transferees agents, employees, contractors or Permitted Sublesseesinvitees, excepted. Before installing If installation of the Rooftop EquipmentCommunications Equipment requires any roof penetrations, Tenant shall submit use a contractor reasonably approved by Landlord and shall cause such work to be done in a manner that will preserve any roof warranty held by Landlord. The nature, design and specifications of any rooftop Communications Equipment to be subject to Landlord’s reasonable approval which shall not be unreasonably withheld or delayed. Landlord, in Landlord’s sole discretion, may permit Tenant to install and maintain, at Tenant’s sole expense and in compliance with all applicable laws, additional HVAC equipment (“HVAC Equipment”) on the roof of the Building if Tenant establishes to Landlord’s satisfaction that the Building roof and structure are adequate to support the HVAC Equipment. Tenant shall provide full and complete plans for any rooftop HVAC Equipment to Landlord for its review and approval (which approval prior to installing such equipment. Landlord makes no warranties or representations to Tenant as to the permissibility of any HVAC Equipment on the Building under applicable law or as to the ability of the Building to support additional rooftop HVAC Equipment. Tenant shall be in Landlord's sole discretion) plans and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency of the Rooftop Equipment and (b) are sufficiently detailed required to allow for the installation of the Rooftop Equipment in a good and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all governmental permits, consents and permits required or authorizations necessary for the installation and operation of the HVAC Equipment and shall be solely responsible for any repair and maintenance thereof; copies of all such permits and evidence of such consents must be submitted to . Tenant shall use a contractor approved by Landlord before Tenant begins to install the Rooftop EquipmentHVAC Equipment and shall cause such work to be done in a manner that will not damage the roof or any other part of the Building and to preserve any roof warranty held by Landlord. Tenant’s installation and use of the Communications Equipment or HVAC Equipment may not in any way interfere with the systems of the Building or the quiet enjoyment of other tenants of the Building or any other tenant’s rooftop equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation acknowledges that other tenants of the Rooftop Equipment while it is Building have or will be installing antenna and related equipment in or on the Building and operate and maintain the Rooftop Equipment in Tenant agrees to cooperate with such a manner other tenants so as not to unreasonably interfere with avoid interference among users. If installation, maintenance, use, or removal of any equipment on the rooftop causes any damage to the roof or roof membrane or any other satellite, antennae, or other transmission facility on portion of the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. , then Tenant shall maintain be solely responsible for such damage and shall ensure that the Rooftop Equipment and screening device in good repair and condition. Tenant shall, at its risk and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any remaining useful life of the following events: (1) roof is the termination same as it would have been but for the penetrations. Tenant’s insurance and indemnification obligations shall apply to any rooftop installations made by Tenant and any activities of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)Tenant in relation thereto.
Appears in 1 contract
Samples: Nastech Pharmaceutical Co Inc
Rooftop Equipment. Provided that a. During the Term of this Lease, and subject to the terms and conditions of this Section 31, (i) Tenant complies shall have the exclusive right, at no additional rental charge, to use the back-up power generator located on the roof identified as Generac, Model 9486930200, Serial Number 2097053 (but such right shall not apply to the life safety generator identified as Generac, Model 8223990400, Serial Number 2093576) and to connect its data center and other systems serving the Premises to such back-up power generator, (ii) Tenant shall have the exclusive right, at no additional rental charge, to use up to the full capacity of the HVAC system and related components (including the HVAC system pumps) on the roof or running to or from the roof for the purposes of regulating the temperature of its data center and other areas of the Premises, and (iii) Tenant shall have the non-exclusive right, at no additional charge, to use the antenna systems located on the roof and connect its Tenant Lines and Systems serving the Premises to same. In the event Tenant increases its use of the capacity of the HVAC system referenced in clause (ii) above, Tenant shall be permitted to take such actions (including making adjustments to the HVAC system or adding fluids thereto) as are necessary to do so, and Landlord shall reasonably cooperate with Tenant in connection therewith, all of the foregoing at the sole cost and expense of Tenant. Landlord hereby grants to Tenant the right to access all wiring, systems, switches, lines, pipes and related components which run to and from items (i), (ii) and (iii) in the first sentence of this paragraph, including accessing any wiring closets, building risers, electrical closets, control rooms or mechanical engineering closets where such wiring, systems, switches, lines, pipes and related components may be housed, whether or not they are located in Common Areas or elsewhere, and Tenant shall have the right to repair, upgrade or replace such wiring, systems, switches, lines, pipes and related components throughout the Term. As regards items (i), (ii) and (iii) referenced in the first sentence of this paragraph, Landlord shall maintain, restore and replace (as necessary) such equipment in order to keep it in good and operational condition and repair, subject to ordinary wear and tear, throughout the Term of this Lease as part of its Landlord Maintenance Obligation hereunder; provided, however, Tenant shall, for purposes of clarity, maintain its rights under Section 9.j. with respect thereto. Tenant shall also have the right to, from time to time, inspect any of the aforementioned rooftop equipment. Landlord cannot remove the above-described equipment from the roof without Tenant’s prior consent, which Tenant may withhold in its reasonable discretion (unless, as to the item referenced in clause (iii) only, such equipment is being replaced with equipment of comparable or better quality, in which event no consent shall be required). As to all of the foregoing items, Tenant shall have no obligation to, and shall not, remove such items at the end of the Term and Tenant shall have no obligation to restore the related areas to their condition existing as of the Commencement Date. Tenant shall have the further non-exclusive right, at no additional rental charge, to use and install on the roof additional equipment, which may include (without limitation) satellite dishes or additional antennas with the terms of ----------------- this Sectionconduit extending from such dish and/or antenna to the Premises or additional back-up power generators with power lines running into, Tenant mayand serving exclusively, at its risk and expense, install a satellite dish and related communications equipment and wiring the Premises (collectively, the "Rooftop ------- Equipment") on the roof of the Building at a location approved by Landlord, --------- which equipment may be used solely by Tenant and its Permitted Transferees or Permitted Sublessees. Before installing the “Tenant’s Rooftop Equipment, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency of the Rooftop Equipment and (b) are sufficiently detailed to allow for the ”). Tenant’s installation of the Tenant’s Rooftop Equipment in a good shall meet the following standards: (i) the installation and workmanlike manner and in accordance with all Laws (operation of the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Tenant’s Rooftop Equipment in accordance with must be permitted under, and conform to, all Legal Requirements and (ii) Landlord shall obtain have approved in its reasonable discretion all consents structural, mechanical and permits required for electrical details of the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Tenant’s Rooftop Equipment, including without limitation, the proposed method of attaching the Tenant’s Rooftop Equipment to the roof. Tenant shall thereafter maintain all permits necessary for be entitled to connect the maintenance and operation Tenant’s Rooftop Equipment to the Project’s electric power source; provided, however, that such connection shall be undertaken by licensed contractor(s) approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed). The cost of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Tenant’s Rooftop Equipment and screening device in good repair and condition. Tenant shallits installation, at its risk and expense, remove the cost of connecting the Tenant’s Rooftop Equipment (including to the Project’s electric power source and the cost of all wiring related thereto)electricity consumed by the Tenant’s Rooftop Equipment shall be paid by Tenant, within five days after as well as the occurrence cost of repairing any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; damage resulting from such installation or (4)connection.
Appears in 1 contract
Samples: Office Lease (Costar Group Inc)
Rooftop Equipment. Provided that Tenant complies with the terms of ----------------- this Section, Tenant may, at its risk At Tenant’s sole cost and expense, Tenant shall have the right to install a one or more satellite dish or microwave dishes 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 “Rooftop Equipment”) upon the roof of the Building, for Tenant’s personal use and related communications equipment and wiring (collectively, not for any other commercial purpose. In no event shall Tenant have the "Rooftop ------- Equipment") right to place any items on the roof of the Building at a location approved by Landlordfor other than use in connection with the conduct of its own business, --------- which equipment may be used solely by and in no event shall Tenant and its Permitted Transferees have the right to lease or Permitted Sublesseeslicense space on the roof in exchange for any revenues or income generated from any such lessee or licensee. Before installing the If Tenant wishes to install any Rooftop Equipment, Tenant shall submit first notify Landlord in writing and provide Landlord with all other information required for any other Alterations pursuant to Paragraph 11. Such notice shall fully describe the Rooftop Equipment, including, without limitation, its purpose, weight, size and desired location on the roof of the Building and its intended method of connection to the Premises. All of Tenant's Rooftop Equipment must be located in areas reasonably approved by Landlord for prior to any installation. Landlord also reserves the right to restrict the number and size of dishes, antennae and other Rooftop Equipment in its approval (which approval shall be in Landlord's sole reasonable discretion) plans . The physical appearance and specifications which (a) specify in detail the design, location, size, and, in the case of a satellite dish, frequency size of the Rooftop Equipment and (b) are sufficiently detailed shall be subject to allow for Landlord’s reasonable approval, the location of any such installation of the Rooftop Equipment in a good shall be designated by Tenant subject to Landlord’s reasonable approval and workmanlike manner and in accordance with all Laws (the "Legal Requirements"). If Landlord approves of such plans, Tenant ------------------ shall install (in a good and workmanlike manner), maintain and use the Rooftop Equipment in accordance with all Legal Requirements and shall obtain all consents and permits required for the installation and operation thereof; copies of all such permits and evidence of such consents must be submitted to Landlord before Tenant begins to install the Rooftop Equipment. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Rooftop Equipment while it is on the Building and operate and maintain the Rooftop Equipment in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the to install screening around such Rooftop Equipment with a parapet or other screening device acceptable to Landlord. Tenant shall maintain the Rooftop Equipment and screening device in good repair and condition. Tenant shallEquipment, at its risk Tenant’s sole cost and expense, remove the Rooftop Equipment (including all wiring related thereto), within five days after the occurrence of any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)as reasonably required by Landlord.
Appears in 1 contract
Samples: Lease (Neophotonics Corp)