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 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.

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), (ii) if Tenant has obtained all necessary permits plans and approvals required therefor, (iii) specifications for the purpose of Tenant’s conduct structural reinforcement 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 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 (the “Plans and Specifications”) shall be submitted to Landlord for Landlord’s written approval no later than 20 days before Tenant commences to install the Rooftop Equipment. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and 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 in its reasonable discretion Landlord, of correcting such failure and (vi) if such installation does not materially adversely affect the visual aesthetic of repairing any damage to the Building as determined caused thereby or by Landlord such installation. If at any time Landlord, in its sole but good faith discretion. In addition, Landlord deems it necessary, Tenant shall have the option upon written notice to Tenant to relocate the Telecom Equipment to other areas on the rooftop of the Building provide and install, at LandlordTenant’s sole cost and expense and so long as such relocation does not materially adversely affect Tenant’s use of expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Premises or Rooftop Equipment (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“Aesthetic Screening”). 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 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.