Rooftop Equipment. Subject to Landlord’s approval of the plans and specifications related thereto, and subject to any Legal Requirements, Landlord shall permit Tenant to install and maintain at Tenant’s sole expense one or more satellite dishes, cellular antenA nae, solar panels and related equipment (each “Rooftop Equipment”) on the roof of the Building, on the ground near the Building, and on a canopy which Tenant may install over any parking areas, all in locations mutually acceptable to Landlord and Tenant. Tenant shall at all times own the Rooftop Equipment. Landlord makes no warranties or representations to Tenant as to the permissibility of Rooftop Equipment on the Building under applicable Legal Requirements. Tenant shall be permitted to erect and maintain Rooftop Equipment during the Lease Term. If installation of Rooftop 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. Upon the expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, shall remove any Rooftop Equipment and restore the point of attachment to a clean, sealed condition. and repair any other damage to the roof. Tenant shall obtain and maintain insurance on the Rooftop Equipment during the Lease Term in customary amounts. Tenant shall have the exclusive right to use the roof. Landlord shall have no obligations whatsoever with regard to the Rooftop Equipment. Xxxxxx agrees to indemnify, defend and hold harmless Landlord from any claims arising out of or relating to the Rooftop Equipment
Appears in 1 contract
Samples: www.courtlistener.com
Rooftop Equipment. Subject a. Tenant shall have the exclusive right, at no additional cost, to Landlord’s approval of the plans and specifications related thereto, and subject to any Legal Requirements, Landlord shall permit Tenant to install and maintain at Tenant’s sole expense one or more satellite dishes, cellular antenA nae, solar panels and related equipment (each “Rooftop Equipment”) utilize space on the roof of the BuildingBuilding for the purpose of installing (in accordance with the terms and conditions of Paragraph 9 of this Lease), operating and maintaining rooftop equipment to be used by Tenant in connection with Tenant’s use of the Premises for the Permitted Use (collectively the “Rooftop Equipment”); provided, however, that the foregoing shall not limit Landlord’s right to maintain equipment on the ground near roof of the Building to extent necessary to operate the Building, and . The exact location of the space on a canopy which the roof to be used by Tenant may install over any parking areas, all in locations shall be reasonably mutually acceptable to agreed upon by Landlord and TenantTenant (the “Roof Space”). Tenant The installation of the Rooftop Equipment shall at be subject to compliance with all times own Legal Requirements and the the approval of Landlord, which shall not be unreasonably withheld, conditioned or delayed, in consultation with Landlord’s architect and/or engineer with respect to the plans and specifications of the Rooftop Equipment, the manner in which the Rooftop Equipment is attached to the roof of the Building and the manner in which any cables are run to and from the Rooftop Equipment. Landlord makes no warranties or representations to Tenant as Any structural upgrades to the permissibility of Building that may be necessary to accommodate the Rooftop Equipment on the Building under applicable Legal Requirementsshall be at Tenant’s sole cost and expense. Tenant shall be permitted to erect solely responsible for obtaining all necessary governmental and maintain regulatory approvals and for the cost of installing, operating, maintaining and removing the Rooftop Equipment during the Lease TermEquipment. If installation of Rooftop Equipment requires at any roof penetrationstime Landlord, in its reasonable discretion, deems it necessary or in order to comply with Legal Requirements, Tenant shall use a contractor approved by Landlord provide and shall cause such work to be done in a manner that will preserve any roof warranty held by Landlord. Upon the expiration or earlier termination of this Lease, Tenantinstall, at its Tenant’s sole cost and expense, shall remove any Rooftop Equipment and restore the point of attachment appropriate aesthetic screening, reasonably satisfactory to a cleanLandlord, sealed condition. and repair any other damage to the roof. Tenant shall obtain and maintain insurance on for the Rooftop Equipment during (the Lease Term in customary amounts. Tenant shall have the exclusive right to use the roof. Landlord shall have no obligations whatsoever with regard to the Rooftop Equipment. Xxxxxx agrees to indemnify, defend and hold harmless Landlord from any claims arising out of or relating to the Rooftop Equipment“Aesthetic Screening”).
Appears in 1 contract
Rooftop Equipment. Subject to Landlord’s approval of the plans and specifications related thereto, and subject to any Legal Requirements, Landlord shall permit Tenant to install and maintain at At Tenant’s sole expense cost and expense, Tenant shall have the right to install one or more satellite dishesor microwave dishes or other communications, cellular antenA naeHVAC or other equipment servicing the business conducted by Tenant from within the Premises (all such equipment, solar panels and related including non-telecommunication equipment (each is, for the sake of convenience, defined collectively as the “Rooftop Equipment”) on upon the roof of the Building, for Tenant’s personal use and not for any other commercial purpose. In no event shall Tenant have the right to place any items on the ground near roof of the BuildingBuilding for other than use in connection with the conduct of its own business, and in no event shall Tenant have the right to lease or license space on a canopy which the roof in exchange for any revenues or income generated from any such lessee or licensee. If Tenant may wishes to install over any parking areasRooftop Equipment, all in locations mutually acceptable to Landlord and Tenant. Tenant shall at first notify Landlord in writing and provide Landlord with all times own other information required for any other Alterations pursuant to Paragraph 11. Such notice shall fully describe the Rooftop Equipment. Landlord makes no warranties or representations to Tenant as , including, without limitation, its purpose, weight, size and desired location on the roof of the Building and its intended method of connection to the permissibility Premises. All of Tenant's Rooftop Equipment on the Building under applicable Legal Requirements. Tenant shall must be permitted to erect and maintain Rooftop Equipment during the Lease Term. If installation of Rooftop Equipment requires any roof penetrations, Tenant shall use a contractor located in areas reasonably approved by Landlord prior to any installation. Landlord also reserves the right to restrict the number and size of dishes, antennae and other Rooftop Equipment in its reasonable discretion. The physical appearance and the size of the Rooftop Equipment shall cause be subject to Landlord’s reasonable approval, the location of any such work installation of the Rooftop Equipment shall be designated by Tenant subject to be done in a manner that will preserve any roof warranty held by Landlord. Upon the expiration or earlier termination of this Lease, Tenant’s reasonable approval and Landlord may require Tenant to install screening around such Rooftop Equipment, at its Tenant’s sole cost and expense, shall remove any Rooftop Equipment and restore the point of attachment to a clean, sealed condition. and repair any other damage to the roof. Tenant shall obtain and maintain insurance on the Rooftop Equipment during the Lease Term in customary amounts. Tenant shall have the exclusive right to use the roof. Landlord shall have no obligations whatsoever with regard to the Rooftop Equipment. Xxxxxx agrees to indemnify, defend and hold harmless Landlord from any claims arising out of or relating to the Rooftop Equipmentas reasonably required by Landlord.
Appears in 1 contract
Samples: Lease (Neophotonics Corp)
Rooftop Equipment. Subject to Landlord’s approval of the plans and specifications related thereto, and subject to any Legal Requirementsapplicable Laws, Landlord shall permit Tenant to install and maintain at Tenant’s sole expense all rooftop equipment required in connection with Tenant’s use of the Premises including, without limitation, one or more satellite dishes, cellular antenA naeantennae, solar panels panels, heating, ventilation, and air conditioning equipment, and all related equipment (each “Rooftop Equipment”) on the roof of the Building, on the ground near the Building, solely for Tenant’s own use and not on a canopy which revenue generating basis. Tenant agrees to consult with Landlord’s roofing contractor prior to installation and strictly to comply with the roofing contractor’s reasonable recommendations and requirements. Tenant shall pay all reasonable out-of-pocket costs incurred by Landlord in connection with the Rooftop Equipment including without limitation all architectural, engineering, contractors’ and legal fees. Landlord may install over require screening, or in the event any parking areasRooftop Equipment is oversized, all in locations mutually acceptable to Landlord may also require structural engineering and Tenantreinforcement. Tenant shall at all times own the Rooftop Equipment. Landlord makes no warranties or representations to Tenant as to the permissibility of Rooftop Equipment on the Building under applicable Legal RequirementsLaws. Tenant shall be permitted to erect and maintain Rooftop Equipment during the Lease Term. If installation of Rooftop 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 the Firestone Warranty, the ARCO Warranty and any other roof warranty held by Landlord. Upon To the extent required by Landlord pursuant to the Lease Requirements, upon the expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, shall remove any Rooftop Equipment in a manner which will not impair the integrity of, damage or adversely affect the warranting applicable to, the roof or any other portion of the Building, and restore the point of attachment to a clean, sealed condition. Subject to emergencies and repair any other damage to the roof. Tenant shall obtain terms and maintain insurance on the Rooftop Equipment during the Lease Term in customary amounts. conditions of this Lease, Tenant shall have the exclusive right to use the roof. Landlord shall have no obligations whatsoever with regard to the Rooftop Equipment. Xxxxxx agrees to indemnify, defend and hold harmless Landlord from any claims arising out of or relating to the Rooftop Equipment.
Appears in 1 contract
Samples: Lease Agreement (QuantumScape Corp)
Rooftop Equipment. Subject to Landlord’s approval of the plans and specifications related thereto, and subject to any Legal Requirements, Landlord shall permit Tenant to install and maintain at Tenant’s 's sole expense one communications equipment to be used solely for communications from or more satellite dishes, cellular antenA nae, solar panels to Tenant ("Communications Equipment") and related HVAC equipment (each “Rooftop Equipment”) serving the Premises on the roof of the Building, on the ground near the Building, and on a canopy which Tenant may install over any parking areas, all Building in locations mutually 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 shall not be unreasonably withheld. Tenant The Communications Equipment may not be leased or hired out to any third parties and shall at all times own not be used for commercial purposes unrelated to Tenant's business conducted in the Rooftop EquipmentPremises. Landlord makes no warranties or representations to Tenant as to the permissibility of Rooftop any Communications Equipment on the Building under applicable Legal Requirementslaw. Tenant must remove the Communications Equipment (including any related cabling or wiring) upon the expiration or earlier termination of this Lease. Tenant shall be permitted required to erect obtain all governmental permits, consents or authorizations necessary for the erection and maintain Rooftop operation of the Communications Equipment during the Lease Termand rooftop HVAC equipment. If installation of Rooftop 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 or the quiet enjoyment of other tenants of the Building. Upon the expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, shall remove the Communications Equipment including any Rooftop Equipment related cabling or wiring (and if Landlord so directs, the rooftop HVAC equipment installed by Tenant and any related duct work or wiring) and restore the point of attachment Building to a cleancondition comparable to its condition immediately prior to the installation of such equipment ordinary wear and tear, sealed conditionand damage by casualty not caused by Tenant, its agents, employees, contractors or invitees, excepted. and repair If installation, maintenance, use, or removal of any other equipment on the rooftop causes any damage to the roof. roof or roof membrane or any other portion of the Building, then Tenant shall obtain be solely responsible for such damage and maintain insurance on shall ensure that the Rooftop Equipment during remaining useful life of the Lease Term in customary amounts. Tenant shall roof is the same as it would have been but for the exclusive right to use the roof. Landlord shall have no obligations whatsoever with regard to the Rooftop Equipment. Xxxxxx agrees to indemnify, defend and hold harmless Landlord from any claims arising out of or relating to the Rooftop Equipmentpenetrations.
Appears in 1 contract
Samples: Lease (Eden Bioscience Corp)
Rooftop Equipment. Subject Landlord hereby grants to Landlord’s approval of the plans and specifications related theretoTenant a license to use, and subject to any Legal Requirements, Landlord shall permit Tenant to install and maintain at Tenant’s sole cost and expense one (and upon payment of Landlord’s monthly fee of $200 per item of equipment therefor, payable as additional rent with monthly payments of Basic Rent hereunder) an eight (8) foot by eight (8) foot portion of the roof of the Building in a location to be designated by Landlord for the installation of a satellite dish or more satellite dishesdishes (or other communications equipment) and for supplemental cooling equipment, cellular antenA naeto be used exclusively in the conduct of Tenant’s business in the Premises and not for lease or license to third parties, solar panels and related for the installation of HVAC equipment exclusively servicing the Premises, with conduits connecting such equipment to the Premises in a vertical chase to be designated by Landlord (each collectively, the “Rooftop Equipment”) on the roof ). The Rooftop Equipment shall be subject to Landlord’s reasonable approval with respect to size, method of the Building, on the ground near the Buildinginstallation, and on a canopy which Tenant may install over any parking areas, all in locations mutually acceptable to Landlord and Tenantvisibility. Tenant shall at all times own install the Rooftop Equipment. Landlord makes no warranties or representations to Tenant as to the permissibility of Rooftop Equipment on the Building under applicable Legal Requirements. Tenant shall be permitted to erect and maintain Rooftop Equipment during the Lease Term. If installation of Rooftop 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. Upon the expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, in accordance with the provisions of this Section 2.3 and Section 5.2 of this Lease. Tenant shall remove any Rooftop Equipment and restore the point of attachment to a clean, sealed condition. and repair any other damage to the roofroof caused by the installation, operation, or removal of the Rooftop Equipment, compensate Landlord for any impairment of Landlord’s roof warranty resulting therefrom, and remove all Rooftop Equipment at the end of the Term of this Lease unless Landlord expressly waives in writing the requirement of such removal. Tenant shall obtain and maintain insurance Landlord assumes no responsibility for interference in the operation of Tenant’s Rooftop Equipment caused by other equipment installed elsewhere in or on the Building or elsewhere on the Property. If the operation of the Rooftop Equipment during of Tenant conflicts with the Lease Term in customary amounts. Tenant shall have operation of the exclusive right to use Rooftop Equipment of any other tenant of the roof. Building, Landlord shall have no obligations whatsoever with regard mediate the resolution of such conflict to accommodate the mutual needs of the parties to the Rooftop Equipmentextent feasible. Xxxxxx agrees to indemnify, defend and hold harmless Landlord from any claims arising out The obligations of Tenant hereunder shall survive the expiration or relating to the Rooftop Equipmenttermination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (TechTarget Inc)