Common use of Rooftop Equipment Clause in Contracts

Rooftop Equipment. Subject to Landlord’s approval of the plans and specifications related thereto, and subject to any applicable 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 antennae, solar panels, heating, ventilation, and air conditioning equipment, and all related equipment (each “Rooftop Equipment”) on the roof of the Building, solely for Tenant’s own use and not on a 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 require screening, or in the event any Rooftop Equipment is oversized, Landlord may also require structural engineering and reinforcement. 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 Laws. Tenant shall be permitted to erect and maintain Rooftop Equipment during the 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. 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 the terms and conditions of this Lease, Tenant shall have the exclusive right to use the roof.

Rooftop Equipment. Subject to Landlord’s approval of the plans and specifications related thereto(a) Tenant, and subject to any applicable 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 cost and expense, shall have the Premises includingright at any time during the Term, without limitationas the same may be extended, one to located or more install satellite dishes, cellular antennae, solar panels, heating, ventilation, and air conditioning equipment, and all related whip antenna or other communication equipment (each collectively, the “Rooftop Equipment”) on the roof of the Building to serve the Premises. Tenant shall also have the right to run cabling through the Building, solely ’s core and raceways (the “Cabling”). There shall be no additional charge paid by Tenant to Landlord for Tenant’s own use of the rooftop of the Building for the Rooftop Equipment. Any Rooftop Equipment and Cabling shall be installed in accordance with the provisions of Section 6.6 of this Lease. Tenant shall be solely responsible for obtaining and continued compliance with all governmental and regulatory approvals and permits and for the cost of installing, operating, maintaining and removing the Rooftop Equipment and Cabling. (b) Tenant shall have free access to the roof of the Building for the purpose of installing, maintaining, repairing and removing the Rooftop Equipment and Cabling which shall be performed by Tenant or Tenant’s authorized representative or contractors (which shall be approved by Landlord) at Tenant’s sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant, FCC (defined below) inspectors, or persons under their direct supervision will be permitted to have access to the roof of the Building. Tenant further agrees to exercise firm control over the people requiring access to the roof of the Building in order to keep to a minimum the number of people having access to the roof of the Building and the frequency of their visits. (c) It is further understood and agreed that the installation, maintenance, operation and removal of the Rooftop Equipment and Cabling is not on a revenue generating basispermitted to damage the Building or the roof thereof. Tenant agrees to consult with Landlord’s roofing contractor prior be responsible for any damage caused to installation the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives. (d) Tenant shall, at its sole cost and strictly to comply with the roofing contractor’s reasonable recommendations expense and requirements. Tenant shall pay all reasonable out-of-pocket costs incurred by Landlord in connection with at its sole risk, install, operate and maintain the Rooftop Equipment including and Cabling in a good and workmanlike manner, and in compliance with all building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the federal government, including, without limitation limitation, the Federal Communications Commission (the “FCC”), the Federal Aviation Administration (“FAA”) or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under this Lease, Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant’s equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all architecturalrespects. The Rooftop Equipment shall be connected to the Building’s power supply in strict compliance with all applicable building, engineeringelectrical, contractors’ fire and legal feessafety codes. Neither Landlord may require screeningnor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Rooftop Equipment because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any invitee or licensee or their respective agents, employees or contractors, or for any other cause, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant’s representatives, repair, maintenance and engineering personnel while in or on any part of the event any Building. (e) The Rooftop Equipment is oversizedand Cabling shall remain the personal property of Tenant, Landlord may also require structural engineering and reinforcement. 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 Laws. Tenant shall be permitted to erect and maintain Rooftop Equipment during the Term. If installation of Rooftop Equipment requires any roof penetrations, removed by 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. To the extent required by Landlord pursuant to the Lease Requirements, upon at its own expense at the expiration or earlier termination of this LeaseLease or Tenant’s right to possession hereunder. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant’s equipment placed on or about the roof or in any other part of the Building in proper operating condition and safety. Tenant agrees that at all times during the Term, it will keep the roof of the Building free of all trash or waste materials produced by Tenant or Tenant’s agents, employees or contractors. (f) In light of the specialized nature of the Rooftop Equipment and Cabling, Tenant shall be permitted to utilize the services of a licensed contractor of its choice for installation, operation, removal and repair of the Rooftop Equipment and Cabling, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall remove retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant’s option, to perform such work in conjunction with Tenant’s contractor. (g) Tenant shall not allow any provider of telecommunication, video, data or related services (“Communication Services”) to locate any equipment on the roof of the Building for any purpose whatsoever, nor may Tenant use the Rooftop Equipment in a manner which will not impair to provide Communication Services to an =affiliated tenant, occupant or licensee of another building, or to facilitate the integrity ofprovision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, damage occupant or adversely affect licensee of any other building. (h) Tenant specifically acknowledges and agrees that the warranting applicable to, terms and conditions of Article 10.2 of this Lease (Waiver of Claims — Indemnification) shall apply with full force and effect to all portions of the roof accessed or utilized by Tenant, its contractors and their respective representatives, agents, employees or subcontractors. (i) If Tenant defaults under any other portion of the Building, and restore the point of attachment to a clean, sealed condition. Subject to emergencies and the terms and conditions of this Section 13.3, and Tenant fails to cure said default within the time allowed by Article 9.1 of this Lease, Landlord shall be permitted to exercise all remedies provided under the terms of the Lease, including removing the Rooftop Equipment and Cabling and restoring the Building and roof to the condition that existed prior to the installation of the Rooftop Equipment and Cabling. If Landlord removes the Rooftop Equipment and Cabling as a result of an uncured default, Tenant shall have be liable for all costs and expenses Landlord incurs in removing the exclusive right Rooftop Equipment and Cabling and repairing any damage to use the roofBuilding and the roof of the Building caused by the installation, operation or maintenance of the Rooftop Equipment and Cabling.

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 applicable Laws, Landlord shall permit Tenant to install and maintain at Tenant’s sole cost and expense all rooftop (and upon payment of Landlord’s monthly fee of $200 per item of equipment required 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 connection with a location to be designated by Landlord for the installation of a satellite dish or dishes (or other communications equipment) and for supplemental cooling equipment, to be used exclusively in the conduct of Tenant’s use of business in the Premises including, without limitation, one and not for lease or more satellite dishes, cellular antennae, solar panels, heating, ventilationlicense to third parties, and air conditioning equipmentfor the installation of HVAC equipment exclusively servicing the Premises, and all related 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 of the Building, solely for Tenant’s own use and not on a revenue generating basis). Tenant agrees The Rooftop Equipment shall be subject to consult with Landlord’s roofing contractor prior reasonable approval with respect to installation size, method of installation, and strictly to comply with the roofing contractor’s reasonable recommendations and requirementsvisibility. Tenant shall pay all reasonable out-of-pocket costs incurred by Landlord in connection with install the Rooftop Equipment including without limitation all architectural, engineering, contractors’ and legal fees. Landlord may require screening, or in the event any Rooftop Equipment is oversized, Landlord may also require structural engineering and reinforcement. 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 Laws. Tenant shall be permitted to erect and maintain Rooftop Equipment during the 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. 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, in accordance with the provisions of this Section 2.3 and Section 5.2 of this Lease. Tenant shall repair any damage to the roof 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 any all Rooftop Equipment at the end of the Term of this Lease unless Landlord expressly waives in a manner which will not impair writing the integrity of, damage requirement of such removal. Landlord assumes no responsibility for interference in the operation of Tenant’s Rooftop Equipment caused by other equipment installed elsewhere in or adversely affect on the warranting applicable to, Building or elsewhere on the roof or Property. If the operation of the Rooftop Equipment of Tenant conflicts with the operation of the Rooftop Equipment of any other portion tenant of the Building, and restore Landlord shall mediate the point resolution of attachment such conflict to a clean, sealed conditionaccommodate the mutual needs of the parties to the extent feasible. Subject to emergencies and The obligations of Tenant hereunder shall survive the terms and conditions expiration or termination of this Lease, Tenant shall have the exclusive right to use the roof.

Rooftop Equipment. Subject to Landlord’s approval of the plans and specifications related thereto, and subject to any applicable LawsLegal Requirements, 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 antennaeantenA nae, solar panels, heating, ventilation, panels and air conditioning equipment, and all related equipment (each “Rooftop Equipment”) on the roof of the Building, solely for Tenant’s own use on the ground near the Building, and not on a revenue generating basis. canopy which Tenant agrees may install over any parking areas, all in locations mutually acceptable to consult with Landlord’s roofing contractor prior to installation Landlord 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 require screening, or in the event any Rooftop Equipment is oversized, Landlord may also require structural engineering and reinforcementTenant. 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 LawsLegal 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 the Firestone Warranty, the ARCO Warranty and any other roof warranty held by Landlord. To the extent required by Landlord pursuant to the Lease Requirements, upon 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 and repair any other damage to emergencies the roof. Tenant shall obtain and maintain insurance on the terms and conditions of this Lease, 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