Common use of Rooftop Installations Clause in Contracts

Rooftop Installations. Notwithstanding anything contained in this Lease to the contrary, Tenant shall be permitted to install one (1) antenna and other telecommunications equipment on the rooftop of the Building and to run a cable from the roof of the Building to the Premises through a common conduit (no wires being permitted to be run across the roof) (collectively, “Telecom Equipment”) only: (i) with Landlord’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed), (ii) if Tenant has obtained all necessary permits and approvals required therefor, (iii) for the purpose of Tenant’s conduct of the Permitted Use within the Premises, (iv) if such installation and the operation thereof does not cause any measurable and material interference with any existing communication equipment on the Building, (v) if such installation does not materially adversely affect the structural elements of the Building as determined by Landlord in its reasonable discretion and (vi) if such installation does not materially adversely affect the visual aesthetic of the Building as determined by Landlord in its sole but good faith discretion. In addition, Landlord shall have the option upon written notice to Tenant to relocate the Telecom Equipment to other areas on the rooftop of the Building at Landlord’s sole cost and expense and so long as such relocation does not materially adversely affect Tenant’s use of the Premises or the operation of Telecom Equipment. Upon the expiration or earlier termination of the Lease Term, at Landlord’s written request which must be given at the time Landlord consents to the installation of such Telecom Equipment, Tenant shall remove the Telecom Equipment and repair any damage to the roof caused by any such installation or removal. The indemnification provisions of Article VIII of this Lease shall be deemed to include any claims, liabilities, damages and expenses, including reasonable attorney’s fees, relating to, or claimed to relate to, the installation, maintenance, operation or use of the Telecom Equipment installed by or for Tenant. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment on the Building and/or the Site (other than to an assignee or subtenant permitted under Section 5.6.1 below). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Building and elsewhere on the Site provided that such other installations do not materially interfere with Tenant’s use and operation of Tenant’s Telecom Equipment.

Rooftop Installations. Notwithstanding anything contained in this Lease For no additional consideration, Landlord hereby grants to the contrary, Tenant shall be permitted an irrevocable license to install one (1) antenna and other telecommunications equipment maintain, during the Term, at locations on the rooftop of the Building and to run a cable from the roof of the Building to (the Premises through a common conduit (no wires being permitted "Roof") to be run across the roof) (collectivelydetermined by Landlord and Tenant in their reasonable discretion, “Telecom Equipment”) only: (i) up to three (3) satellite or microwave dishes (the "Antennae"), (ii) refrigeration equipment, and (iii) heating, ventilating and air conditioning equipment, (individually and collectively the "Rooftop Installations"), subject to the terms and conditions of this Lease and the following specific conditions: (a) Tenant shall bear all costs and expenses associated with Landlord’s the installation of the Rooftop Installations (including but not limited to any and all costs of design and permitting, and any and all costs associated with structural changes to the Roof necessary to bear the increased loads associated with the Rooftop Installations), and Tenant shall be responsible for, and shall bear all costs and expenses associated with, the operation and maintenance thereof. Tenant understands and acknowledges that Landlord shall not be responsible for the operation and maintenance of any such Rooftop Installations. (b) The plans and specifications for the Rooftop Installations, including the manner of their attachment to the Roof, the structural analysis of the ability of the Roof to bear the loads associated with them, their location, and the nature and location of any roof penetrations and conduit, shall be subject to the prior written consent (approval of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed). Tenant shall install the Rooftop Installations in a good and safe manner in accordance with the terms and conditions of this Lease, by a contractor reasonably approved by Landlord. Tenant shall provide reasonable notice to Landlord of the time and date upon which it desires to install such Rooftop Installations. A representative of Landlord and Landlord's roofing contractor shall, at Landlord's election, be present at the installation of the Rooftop Installations in order to approve the methods of installation and performance thereof; the reasonable and actual out- of-pocket cost of the attendance of such representative and contractor shall be borne by Tenant. (iic) if Tenant has obtained shall have the responsibility to secure all necessary permits approvals relating to the installation and approvals required thereforoperation of the Rooftop Installations from state, federal and other governmental authorities. Further, Tenant shall construct, operate and maintain such facilities in accordance with all applicable laws, ordinances, rules and regulations and in compliance with the reasonable requirements of the insurers of the Building. (iiid) Tenant shall be responsible for the purpose cost of Tenant’s conduct repairs required to the Building arising out of the Permitted Use within construction, installation, operation, maintenance, repair, replacement or removal of the PremisesRooftop Installations and related equipment and, in reasonable consultation with Landlord, shall take commercially reasonable steps to minimize wear and tear on the roof, including the use of walking pads. In furtherance thereof, Tenant agrees to indemnify, defend and hold Landlord harmless from an against any and all such costs or expenses (ivincluding reasonable attorneys fees) if such installation incurred by Landlord as a result of the acts, omissions or negligence of Tenant and its agents and contractors in the operation thereof does construction, installation, operation, maintenance, repair, replacement or removal of the Rooftop Installations and related equipment, including all cable, wires and transformers related thereto. (e) Tenant warrants that its Antennae will not cause any measurable and material interference with the radio signals of any existing communication transmitting or receiving equipment on installed at TransDulles Centre as of the date of installation by Tenant of its Antennae; Tenant shall, at its sole expense, within twenty four (24) hours of notice from Landlord, take whatever steps are necessary to eliminate such interference. Similarly, from and after the date of execution of this Lease, Landlord shall not use, nor shall Landlord permit its lessees, licensees, employees, invitees or agents to use, any portion of TransDulles Centre, including the roof of the Building, (v) if such installation does not materially adversely affect in any way which results in measurable interference with the structural elements operations of Antennae or other Rooftop Installations. Landlord, after prior written notice, shall have the right to require Tenant to relocate or temporarily move any of the Building as determined Antennae in order to reasonably accommodate, at Landlord's sole cost, Landlord, any other tenant of TransDulles Centre, or any other user of the roof. (f) Tenant represents and warrants that the Antennae do and will not emit levels of electromagnetic, microwave, or other radiation in excess of any health-related standards now or hereafter established by any law or regulation. In furtherance hereof Tenant agrees to indemnify, defend and hold Landlord harmless from an against any and all such claims, losses, damages, costs or expenses (including reasonable attorneys fees) incurred by Landlord as a result of a claim by anyone that the Antennae, and the emissions therefrom, are in its reasonable discretion and any way harmful to human health. (vig) if such installation does not materially adversely affect the visual aesthetic of the Building as determined by Landlord in its sole but good faith discretion. In addition, Landlord shall have no responsibility to insure or maintain the option upon written notice to Tenant to relocate the Telecom Equipment to other areas on the rooftop of the Building Rooftop Installations, and Tenant, at Landlord’s its sole cost and expense expense, shall be responsible for maintaining such insurance coverage with regard thereto as may be reasonably required by Landlord. Both Tenant and so long Landlord should be reflected as such relocation does not materially adversely affect Tenant’s use named insurers. Tenant shall be solely responsible for any damage or destruction to the Rooftop Installations, regardless of the Premises cause. (h) Tenant acknowledges that as part of the installation of the Rooftop Installations, Landlord may require Tenant to install screening reasonably acceptable to Landlord in order to conceal the Rooftop Installations. (i) Tenant shall pay all taxes of any kind or nature whatsoever levied upon the Rooftop Installations and all licensing fees, franchise fees and other taxes, expenses and other costs of any nature whatsoever relating to the construction, ownership, maintenance and operation of Telecom Equipment. the Rooftop Installations. (j) Upon the expiration of the Term, or earlier termination of this Lease, Tenant shall be responsible for removing the Lease TermRooftop Installations and any associated equipment from their location on the roof, at Landlord’s written request restoring the roof to the condition in which must be given at the time Landlord consents it existed prior to the installation of such Telecom Equipmentthe Rooftop Installations (including complete repair of any roof penetrations and removal of conduit), Tenant shall remove ordinary wear and tear (determined without consideration oft he presence of the Telecom Equipment Rooftop Installations) and repair insured casualty damage excepted, and repairing any damage to the roof caused by any such installation or removal. The indemnification provisions of Article VIII of this Lease shall be deemed to include any claims, liabilities, damages the presence and expenses, including reasonable attorney’s fees, relating to, or claimed to relate to, the installation, maintenance, operation or use removal of the Telecom Equipment installed by or for Tenant. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install Rooftop Installations and use Telecom Equipment on the Building and/or the Site (other than to an assignee or subtenant permitted under Section 5.6.1 below). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications associated equipment, antennas and similar installations on the rooftop of the Building and elsewhere on the Site provided that such other installations do not materially interfere with Tenant’s use and operation of Tenant’s Telecom Equipment.

Rooftop Installations. Notwithstanding anything contained in this Lease A. Tenant shall have the right, as appurtenant to the contraryPremises, Tenant shall be permitted to install one (1) antenna and other telecommunications equipment use the space on the rooftop of the Building and to run a cable from the roof of the Building to shown on Exhibit K attached hereto (the Premises through “Roof Space”) for the purpose of installing (in accordance with Section 9 of the Lease), operating, and maintaining such equipment as may be reasonably necessary for the operation of Tenant’s laboratory space in the Premises, including, without limitation, supplemental HVAC equipment and a common conduit (no wires being permitted to be run across the roof) generator (collectively, the “Telecom Rooftop Equipment”) only: (i) with ). Notwithstanding the foregoing, Tenant’s right to install the Rooftop Equipment shall be subject to the approval rights of Landlord and Landlord’s prior written consent (architect and/or engineer with respect to the plans and specifications of the Rooftop Equipment, the manner in which consent the Rooftop Equipment is attached to the roof of the Building and the manner in which any cables, pipes, ducts, vents and related equipment are run to and from the Rooftop Equipment. Without limiting the general application of the foregoing, Tenant agrees to cause to be prepared by a qualified structural engineer selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed)plans and specifications for the structural reinforcement of the roof of the Building in the area of the Roof Space sufficient to support the weight of the Rooftop Equipment. Such plans and specifications shall be subject to the review and approval of a structural engineer retained by Landlord. Both Tenant’s structural engineer and Landlord’s structural engineer shall be paid by Tenant, as Additional Rent. The precise specifications and a general description of the Rooftop Equipment along with all documents Landlord reasonably requires to review the installation of the Rooftop Equipment (iithe “Plans and Specifications”) if shall be submitted to Landlord for Landlord’s written approval no later than 20 days before Tenant has obtained commences to install the Rooftop Equipment. Tenant shall be solely responsible for obtaining all necessary permits governmental and regulatory approvals required thereforand for the cost of installing, operating, maintaining and removing the Rooftop Equipment. Tenant shall notify Landlord upon completion of the installation of the Rooftop Equipment. If Landlord reasonably 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, or that such installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant forthwith shall cure any such noncompliance and all such defects. If the Tenant fails so to cure such noncompliance or defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting such failure and repairing any damage to the Building caused thereby or by such installation. If at any time Landlord, in its sole discretion, deems it necessary, Tenant shall provide and install, at Tenant’s sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Rooftop Equipment (iii) the “Aesthetic Screening”). B. Landlord agrees that Tenant, upon reasonable prior written notice to Landlord, shall have access to the roof of the Building and the Roof Space for the purpose of installing, maintaining, repairing and removing the Rooftop Equipment, the appurtenances and the Aesthetic Screening, if any, all of which shall be performed by Tenant or Tenant’s conduct authorized representative or contractors, which shall be approved by Landlord, at Tenant’s sole cost and risk. Notwithstanding the foregoing, Landlord may require Tenant to utilize Landlord’s roofing contractor to perform all work involving penetrations of the Permitted Use within roof membrane and other aspects of the Premisesinstallation of the Rooftop Equipment that may affect the watertight characteristics of such roof membrane. It is agreed, (iv) if such installation however, that only authorized engineers, employees or properly authorized contractors of Tenant will be permitted to have access to the roof of the Building and the Roof Space. Tenant further agrees to exercise firm control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits. C. It is further understood and agreed that the installation, maintenance, operation thereof does and removal of the Rooftop Equipment, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof, or interfere with the use of the Building and roof by Landlord. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives. D. If, in the sole judgment of Landlord, any electrical, electromagnetic, radio frequency or other interference shall result from the operation of any of the Rooftop Equipment, Tenant agrees that Landlord may, at Landlord’s option, shut down Tenant’s equipment upon 8 hours prior notice to Tenant; provided, however, if an emergency situation exists, which Landlord reasonably determines in its sole discretion to be attributable to the Rooftop Equipment, Landlord shall immediately notify Tenant orally, who shall act immediately to remedy the emergency situation. Should Tenant fail to so remedy said emergency situation, Landlord may then act to shut down Tenant’s equipment. Tenant shall indemnify Landlord and hold it harmless from, and Tenant waives, all expenses, costs, damages, losses, claims or other liabilities arising out of said shutdown. Tenant agrees to cease operations (except for intermittent testing on a schedule approved by Landlord) until the interference has been corrected to the satisfaction of Landlord. If such interference has not been corrected within 30 days, Landlord may require that Tenant immediately remove from the Roof Space the specific item of equipment causing such interference, in which latter case the Rooftop Equipment Payments shall be reduced by the portion of the fee applicable to such Rooftop Equipment for the remainder of the Term and all other terms and conditions of this Amendment shall remain in full force and effect. E. Tenant shall, at its sole cost and expense, and at its sole risk, install, operate and maintain the Rooftop Equipment 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, if the Rooftop Equipment includes any telecommunications equipment, 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. Tenant shall promptly remedy any such non-compliance in accordance with Landlord’s directions and at Tenant’s sole cost and expense. Under this Lease, the Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant’s equipment. The Rooftop Equipment shall be connected to the Building power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Rooftop Equipment or the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any measurable 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 material engineering personnel while in or on any part of the Building or the Roof Space. F. The Rooftop Equipment, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of this Lease 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 maintain same in satisfactory condition as to appearance and safety in Landlord’s sole discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any existing communication equipment on other tenants or Landlord. Tenant agrees that at all times during the Term, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant’s agents, employees or contractors. G. Tenant acknowledges that Landlord may at some time establish a standard license agreement (the “License Agreement”) with respect to the use of roof space by tenants of the Building. Tenant, (v) if upon request of Landlord, shall enter into such installation License Agreement with Landlord provided that such agreement does not materially adversely affect the structural elements rights of Tenant hereunder with respect to the Roof Space. H. Tenant specifically acknowledges and agrees that the terms and conditions of Article 13 of the Building as determined by Landlord in its reasonable discretion Lease (Indemnity and (viWaiver of Claims) if such installation does not materially adversely affect shall apply with full force and effect to the visual aesthetic Roof Space and any other portions of the Building as determined roof accessed or utilized by Landlord in Tenant, its sole but good faith discretion. In additionrepresentatives, agents, employees or contractors. I. If Tenant defaults under any of the terms and conditions of this Section or the Lease, and Tenant fails to cure said default within the time allowed by Article 18 of the Lease, Landlord shall have be permitted to exercise all remedies provided under the option upon written notice to Tenant to relocate the Telecom Equipment to other areas on the rooftop terms of the Lease, including removing the Rooftop Equipment, the appurtenances and the Aesthetic Screening, if any, and restoring the Building at Landlord’s sole cost and expense and so long as such relocation does not materially adversely affect Tenant’s use of the Premises or Roof Space to the operation of Telecom Equipment. Upon the expiration or earlier termination of the Lease Term, at Landlord’s written request which must be given at the time Landlord consents condition that existed prior to the installation of such Telecom the Rooftop Equipment, the appurtenances and the Aesthetic Screening, if any. If Landlord removes the Rooftop Equipment, the appurtenances and the Aesthetic Screening, if any, as a result of an uncured default, Tenant shall remove be liable for all costs and expenses Landlord incurs in removing the Telecom Equipment Rooftop Equipment, the appurtenances and repair the Aesthetic Screening, if any, and repairing any damage to the roof caused by any such installation or removal. The indemnification provisions of Article VIII of this Lease shall be deemed to include any claims, liabilities, damages and expenses, including reasonable attorney’s fees, relating to, or claimed to relate toBuilding, the installation, maintenance, operation or use of the Telecom Equipment installed by or for Tenant. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment on the Building and/or the Site (other than to an assignee or subtenant permitted under Section 5.6.1 below). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop roof of the Building and elsewhere the Roof Space caused by the installation, operation or maintenance of the Rooftop Equipment, the appurtenances, and the Aesthetic Screening, if any. Irrevocable Standby Letter of Credit No. Issuance Date: Expiration Date: Applicant: Beneficiary Ladies/Gentlemen: We hereby establish our Irrevocable Standby Letter of Credit in your favor for the account of the above referenced Applicant in the amount of U.S. Dollars ($ ) available for payment at sight by your draft drawn on us when accompanied by the Site provided following documents: 1. An original copy of this Irrevocable Standby Letter of Credit. 2. Beneficiary’s dated statement signed by a purportedly authorized officer/official certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to this Lease (the “Lease”) dated by and between , as Landlord, and , as Tenant and/or any amendment to the lease or any other agreement between such other installations do parties related to the lease. It is a condition of this Irrevocable Standby Letter of Credit that it will be considered automatically renewed for a one year period upon the expiration date set forth above and upon each anniversary of such date, unless at least sixty (60) days prior to such expiration date or applicable anniversary thereof, we notify you in writing by certified mail return receipt requested or by recognized overnight courier service, that we elect not materially interfere to so renew this Irrevocable Standby Letter of Credit. A copy of any such notice shall also be sent, in the same manner, to: . In addition to the foregoing, we understand and agree that you shall be entitled to draw upon this Irrevocable Standby Letter of Credit in accordance with Tenant1 and 2 above in the event that we elect not to renew this Irrevocable Standby Letter of Credit and, in addition, you provide us with a dated statement purportedly signed by an authorized signatory or agent of Beneficiary stating that the Applicant has failed to provide you with an acceptable substitute irrevocable standby letter of credit in accordance with the terms of the above referenced lease. We further acknowledge and agree that: (a) upon receipt of the documentation required herein, we will honor your draws against this Irrevocable Standby Letter of Credit without inquiry into the accuracy of Beneficiary’s use signed statement and operation regardless of Tenant’s Telecom Equipment.whether Applicant disputes the content of such statement; (b) this Irrevocable Standby Letter of Credit shall permit partial draws and, in the event you elect to draw upon less than the full stated amount hereof, the stated amount of this Irrevocable Standby Letter of Credit shall be automatically reduced by the amount of such partial draw; and (c) you shall be entitled to transfer your interest in this Irrevocable Standby Letter of Credit from time to time and more than one time without our approval and without charge. In the event of a transfer, we reserve the right to require reasonable evidence of such transfer as a condition to any draw hereunder. This Irrevocable Standby Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 revision) ICC Publication No. 500. We hereby engage with you to honor drafts and documents drawn under and in compliance with the terms of this Irrevocable Standby Letter of Credit. All communications to us with respect to this Irrevocable Standby Letter of Credit must be addressed to our office located at to the attention of . Very truly yours, [name] [title]

Rooftop Installations. Notwithstanding anything contained in this Lease A. Subject to the contrary, terms of Article 9 hereof and provided that Tenant shall be permitted furnish Landlord with an engineer’s report stating that the installation of Tenant’s Telecommunications Equipment is not likely to install one (1) antenna and other telecommunications equipment have a material adverse effect on the rooftop integrity of the Building and to run a cable from the roof of the Building subject Building, Tenant shall have the right to (i) install on the Premises through a common conduit roof of the Buildings antennae, communications dishes (no wires being permitted to be run across the roofor other communications devices) and all equipment relating thereto (collectively, “Telecom Tenant’s Telecommunications Equipment”) only: (i) with Landlord’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed), and (ii) if Tenant has obtained all necessary permits and approvals required therefor, (iii) for the purpose of connect Tenant’s conduct Telecommunications Equipment to the interior of the Permitted Use within Leased Premises through the Premises, (iv) if such installation building systems and the operation thereof does not cause any measurable and material interference with any existing communication equipment on the Building, (v) if such installation does not materially adversely affect the structural elements of the Building as determined by Landlord in its reasonable discretion and (vi) if such installation does not materially adversely affect the visual aesthetic of the Building as determined by Landlord in its sole but good faith discretionshafts. In addition, Landlord shall have the option upon written notice to Tenant to relocate the Telecom Equipment to other areas on the rooftop of the Building at Landlord’s sole cost and expense and so long as such relocation does not materially adversely affect Tenant’s use of the Premises or the operation of Telecom Equipment. Upon the expiration or earlier termination of the Lease Term, at Landlord’s written request which must be given at the time Landlord consents to the installation of such Telecom Equipment, Tenant shall remove the Telecom Equipment and be responsible to repair any damage adverse condition to the roof caused by the installation of Tenant’s Telecommunications Equipment. There shall be no rent or other payments due from Tenant for the roof space occupied by Tenant for Tenant’s Telecommunications Equipment. Any such equipment installed by Tenant shall constitute Tenant’s trade fixtures (as defined in Article 17). Landlord shall cooperate with Tenant’s efforts to obtain any such permit required or desirable in connection with the installation or removal. The indemnification provisions of any Tenant’s Telecommunications Equipment. B. Subject to the terms of Article VIII 9 hereof, and provided that Tenant shall furnish Landlord with an engineer’s report stating that the installation and connection of this Lease shall be deemed Tenant’s Supplemental Equipment is not likely to include any claims, liabilities, damages and expenses, including reasonable attorney’s fees, relating to, or claimed to relate to, have a material adverse effect on the installation, maintenance, operation or use integrity of the Telecom Equipment installed by or for Tenant. roof, building systems and structure of the subject Building, Tenant shall have no the right to license, sublease, assign or otherwise transfer its rights to (i) install and use Telecom Equipment on the Building and/or roof of the Site Buildings HVAC equipment, generators, an uninterrupted power supply system and related equipment (collectively, “Tenant’s Supplemental Equipment”), and (ii) connect Tenant’s Supplemental Equipment to the interior of the Leased Premises through the building systems and shafts, as appropriate. There shall be no rent or other than to an assignee or subtenant permitted under Section 5.6.1 belowpayments due from Tenant for the portion of the Buildings occupied by Tenant for Tenant’s Supplemental Equipment. Any such equipment installed by Tenant shall constitute Tenant’s trade fixtures (as defined in Article 17). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Building and elsewhere on the Site provided that such other installations do not materially interfere shall cooperate with Tenant’s use and operation efforts to obtain any permit required or desirable in connection with the installation of any Tenant’s Telecom Supplemental Equipment. C. Subject to the terms of this Lease, Tenant shall have the right to access the roof and other portions of the Buildings 24 hours a day, 7 days a week, for purposes of installing, maintaining, repairing and replacing Tenant’s Telecommunications Equipment and Tenant’s Supplemental Equipment and the risers and cables necessary therefor.

Rooftop Installations. Notwithstanding anything contained in this Lease to the contrary, Tenant shall be permitted to install one (1) antenna and other telecommunications equipment on the rooftop of the Building and to run a cable from the roof of the Building to the Premises through a common conduit (no wires being permitted to be run across the roof) (collectively, “Telecom Equipment”) only: (i) with Landlord’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed, and which consent is hereby granted with respect to the Telecom Equipment described in Exhibit B-3, attached hereto), (ii) if Tenant has obtained all necessary permits and approvals required therefor, (iii) for the purpose of Tenant’s conduct of the Permitted Use Uses within the Premises, (iv) if such installation and the operation thereof does not cause any measurable and material interference with any existing communication equipment on the Building, (v) if such installation does not materially adversely affect the structural elements of the Building as determined by Landlord in its reasonable sole discretion and (vi) if such installation does not materially adversely affect the visual aesthetic of the Building as determined by Landlord in its sole but good faith reasonable discretion. In addition, Landlord shall have the option upon written notice to Tenant to relocate the Telecom Equipment to other areas on the rooftop of the Building at Landlord’s sole cost and expense and so long as such relocation does not materially adversely affect Tenant’s use of the Premises or Premises. In connection therewith, if such relocation requires the operation purchase of Telecom Equipmentreplacement cabling due to the existing cabling being too short for the new location, Landlord and not Tenant shall pay the cost thereof. Upon the expiration or earlier termination of the Lease Term, at Landlord’s written request which must be given at the time Landlord consents to the installation of such Telecom Equipment, Tenant shall remove the Telecom Equipment and repair any damage to the roof caused by any such installation or removal. The indemnification provisions of Article VIII of this Lease shall be deemed to include any claims, liabilities, damages and expenses, including reasonable attorney’s fees, relating to, or claimed to relate to, the installation, maintenance, operation or use of the Telecom Equipment installed by or for Tenant. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment on the Building and/or the Site (other than to an assignee or subtenant permitted under Section 5.6.1 below). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Building and elsewhere on the Site Site; provided that such other installations do not materially interfere any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant’s Telecom Equipment then existing. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use and operation of Tenant’s Telecom Equipmentcommercially reasonable efforts to cause the same to be remedied.

Rooftop Installations. Notwithstanding anything contained in this Lease Tenant, at its sole cost and expense, shall have the right to utilize up to Tenant’s Share of the contraryavailable area of the roof and mechanical penthouse of the Building for the purposes of installation, maintenance, and from time to time replacement of equipment servicing Tenant’s business within the Premises (e.g. satellite dishes and HVAC equipment) and/or a rooftop garden (as applicable “Rooftop Installations”), provided that prior to commencing any installation or maintenance, Tenant shall be permitted to install one (1) antenna and other telecommunications equipment on the rooftop of the Building and to run a cable from the roof of the Building to the Premises through a common conduit (no wires being permitted to be run across the roof) (collectively, “Telecom Equipment”) only: (i) with obtain Landlord’s prior written consent (which consent shall not be unreasonably withheldapproval of the proposed size, conditioned or delayed)weight, specification and location of the Rooftop Installation and method for fastening and/or installation the Rooftop Installation to the roof, (ii) if Tenant has obtained all necessary permits and approvals such Rooftop Installation shall be architecturally screened as may be required thereforby Landlord, (iii) for such installation and/or replacement shall comply strictly with all Laws and the purpose conditions of Tenant’s conduct of any bond or warranty maintained by Landlord on the Permitted Use within the Premisesroof, (iv) if such installation and use the operation thereof does not cause any measurable and material interference with any existing communication equipment on the BuildingRooftop Installation solely for its internal use, (v) if such installation does not materially adversely affect the structural elements grant any right to use of the Building as determined by Landlord in its reasonable discretion Rooftop Installation to any other party, and (vi) if such installation does not materially adversely affect the visual aesthetic of the Building as determined by Landlord obtain and maintain in its sole but good faith discretion. In additioneffect, Landlord shall have the option upon written notice to Tenant to relocate the Telecom Equipment to other areas on the rooftop of the Building at LandlordTenant’s sole cost and expense expense, insurance for the Rooftop Installation and so long as such relocation does not materially adversely affect Tenant’s use of the Premises any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to Landlord. Landlord may supervise or the operation of Telecom Equipment. Upon the expiration or earlier termination of the Lease Term, at Landlord’s written request which must be given at the time Landlord consents perform any roof penetration related to the installation of a Rooftop Installation, and charge the cost thereof to Tenant. All installation, construction and maintenance shall be performed in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such Telecom Equipmentreasonable requirements imposed by Landlord. Any cable or wire [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. placed by Tenant in the telecommunications pathways of the Building shall comply with Landlord’s cabling requirements of Section 6.4 of the Lease. Tenant shall remove the Telecom Equipment and repair any damage to the roof Building caused by any such installation or removal. The indemnification provisions of Article VIII of this Lease shall be deemed to include any claims, liabilities, damages and expenses, including reasonable attorneyTenant’s fees, relating to, or claimed to relate to, the installation, maintenance, operation replacement, use or use removal of the Telecom Equipment installed by or for Rooftop Installation. The Rooftop Installation shall remain the property of Tenant, and Tenant may subject to and in accordance with this Section 2 and Article 9 of the Lease, remove, replace and reinstall the Rooftop Installation at its cost from time to time and at any time during the Term. Tenant shall have remove the Rooftop Installation at Tenant’s cost and expense upon the expiration or termination of this Lease. The Rooftop Installation, and any wires, cables or connections relating thereto, and the installation, maintenance and operation thereof shall in no right way interfere with the use and enjoyment of the Building, or the operation of communications (including, but not limited to, other satellite dishes) or computer devices by Landlord or other tenants or occupants of the Project. If such interference shall occur, Landlord shall give Tenant written notice thereof and Tenant shall take actions as necessary to license, sublease, assign correct the same within twenty-four (24) hours of receipt of such notice. Landlord makes no warranty or otherwise transfer its rights to install and use Telecom Equipment on representation that the Building and/or or any portions thereof are suitable for the Site (other than to an assignee use of a Rooftop Installation, it being assumed that Tenant has satisfied itself thereof. Tenant shall protect, defend, indemnify and hold harmless Landlord and Xxxxxxxx’s Agents from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or subtenant permitted under Section 5.6.1 below). asserted against Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Building and elsewhere on the Site provided that such other installations do not materially interfere with Tenant’s use and operation arising out of Tenant’s Telecom Equipmentinstallation, maintenance, replacement, use or removal of the Rooftop Installation. Tenant’s obligations under this paragraph shall survive any termination of this Lease.