Common use of Rooftop Terrace Clause in Contracts

Rooftop Terrace. As part of the Landlord’s Work, Landlord shall design and construct a rooftop terrace containing approximately 7,200 square feet on the roof of Building I (the “Rooftop Terrace”). Landlord shall provide Tenant with plans (“Rooftop Plans”) for the Rooftop Terrace (with total associated costs on a line-item basis). Tenant shall have the right to either approve the Rooftop Plans, or propose additional options for such Rooftop Terrace for Landlord’s approval, not to be unreasonably withheld. Tenant shall notify Landlord of its additional options for such Rooftop Terrace (whether from Landlord’s options or otherwise) within five (5) business days after Landlord delivers its Rooftop Plans to Tenant. If Tenant fails to timely respond, then Tenant shall be deemed to have approved the Rooftop Plans submitted by Landlord. Landlord shall notify Tenant of any cost increases related to Tenant’s proposed Rooftop Plans within five (5) business days after Tenant proposes such Rooftop Plans, and Tenant shall notify Landlord within five (5) business days of receipt of same as to whether Tenant approves such additional costs. If Tenant fails to timely respond or timely rejects such costs, then Landlord may proceed with Landlord’s original Rooftop Plans. Landlord shall be responsible for the costs associated with the design, permitting (including any necessary governmental approvals) and construction of the Rooftop Terrace (collectively, the “Terrace Costs”), up to a maximum amount of $350,000. If the actual Terrace Costs exceed $350,000, then Tenant shall be responsible for all such Terrace Costs in excess of $350,000. Landlord shall notify Tenant of the total estimated Terrace Costs prior to the Construction Permit Receipt Milestone Date and Tenant shall pay to Landlord its share of such costs within ten (10) business days of receipt of such notice from Landlord. Any delay in paying such amount shall be considered a Tenant Delay. Landlord shall have no obligation to construct the Rooftop Terrace unless and until such time as Tenant has paid its share of the Terrace Costs. If the actual Terrace Costs differ from the estimated Terrace Costs, then Landlord shall deliver such overpayment to Tenant, or Tenant shall deliver such underpayment to Landlord, as applicable, within ten (10) business days of Landlord’s determination of the actual Terrace Costs.

Rooftop Terrace. As part of Notwithstanding anything contained to the Landlord’s Workcontrary in this Lease, Landlord shall design and construct a rooftop Tenant may use, on an exclusive basis, the terrace containing approximately 7,200 square feet located on the roof of the Building I (the “Rooftop Terrace”). Landlord The Rooftop Terrace shall provide be used by Tenant solely as an outdoor seating and event area for Tenant’s employees and invitees and for no other purpose. Subject to Landlord’s advance written approval (which approval shall not be unreasonably withheld, delayed or conditioned) and Tenant’s compliance with plans all applicable laws, Tenant shall be entitled to place Tenant’s personal property including, but not limited to, tables, chairs and umbrellas (collectively, the “Rooftop PlansFurniture”) on the Rooftop Terrace. No Furniture or other items shall be thrown from the Rooftop Terrace and all Furniture or other items located on the Rooftop Terrace shall be secured against movement/damage by wind to Landlord’s reasonable satisfaction. Tenant acknowledges and agrees that only exit stairs and passenger elevator service shall be provided to the Rooftop Terrace and that no other services shall be provided thereto. Landlord acknowledges and agrees that Tenant, as part of the Tenant Improvements, may elect to extend gas and electricity service to the Rooftop Terrace. Tenant’s use of the Rooftop Terrace shall be subject to the following terms and conditions: (i) Tenant shall keep all Furniture clean and in good condition and repair and shall remove the same from the Rooftop Terrace upon the expiration or earlier termination of this Lease; (ii) Tenant shall keep the Rooftop Terrace clean of all trash and debris (and shall also keep the surrounding areas clean of any debris and trash arising from the use of the Rooftop Terrace), including emptying all trash cans located in the Rooftop Terrace, and Tenant shall perform cleaning at least once at the end of each day, and at other times during the day as is reasonably appropriate; (iii) Tenant shall not use the Rooftop Terrace for cooking or preparing food (other than, subject to the terms and conditions of this Lease, grilling) or for retail purpose; (iv) for purposes of this Lease, the Rooftop Terrace shall be deemed part of the Premises (including for purposes of determining Tenant’s Share and the Base Monthly Rental payable hereunder as well as the insurance required to be carried by Tenant under this Lease and all indemnifications and waiver of subrogation required of Tenant under this Lease); (v) Tenant shall comply with such reasonable additional rules and directives as Landlord may issue with respect to the Rooftop Terrace; (vi) Tenant shall, at Tenant’s sole cost and expense, (A) comply with all laws applicable to Tenant’s use of the Rooftop Terrace, and (B) obtain all necessary governmental or regulatory approvals, permits and licenses applicable to Tenant’s use of the Rooftop Terrace, (vii) Tenant’s use of the Rooftop Terrace shall not obstruct or interfere with the rights of other tenants or occupants of the Building, or violate any restrictions or exclusive uses set forth in any agreement that was executed and delivered to Tenant prior to the execution of this Lease, (viii) Tenant, at its sole cost and expense (subject to application of the Improvement Allowance), shall install and maintain vegetative or other decorative screening reasonably acceptable to Landlord of no less than six feet (6’) in height along the eastern edge of the Rooftop Terrace; and (ix) any improvements Tenant desires to make to the Rooftop Terrace prior to the Commencement Date for the Rooftop Terrace shall be made as part of the Tenant Improvements (with total associated costs on a line-item basisas defined in Exhibit B attached hereto). Tenant shall have the right to either approve the Rooftop Plans, or propose additional options for such Rooftop Terrace for Landlord’s approval, not to be unreasonably withheld. Tenant shall notify Landlord of its additional options for such Rooftop Terrace (whether from Landlord’s options or otherwise) within five (5) business days after Landlord delivers its Rooftop Plans to Tenant. If Tenant fails to timely respond, then Tenant shall be deemed to have approved perform its obligations under subclause (ii) of the Rooftop Plans submitted by Landlord. Landlord shall notify Tenant of any cost increases related to Tenant’s proposed Rooftop Plans immediately prior sentence within five three (53) business days after Tenant proposes such Rooftop Plans, and Tenant shall notify Landlord within five (5) business days of receipt of same as to whether Tenant approves such additional costs. If Tenant fails to timely respond or timely rejects such costswritten notice from Landlord, then Landlord may proceed with Landlordperform the same on Tenant’s original Rooftop Plans. Landlord shall be responsible for the costs associated with the design, permitting (including any necessary governmental approvals) and construction of the Rooftop Terrace (collectively, the “Terrace Costs”), up to a maximum amount of $350,000. If the actual Terrace Costs exceed $350,000, then Tenant shall be responsible for all such Terrace Costs in excess of $350,000. Landlord shall notify Tenant of the total estimated Terrace Costs prior to the Construction Permit Receipt Milestone Date behalf and Tenant shall pay to reimburse Landlord its share of for Landlord’s costs incurred in performing such costs within obligations (plus a ten percent (10%) business days of receipt of service charge); provided, however, that Landlord shall not be required to provide any such notice from Landlord. Any delay prior to performing such obligations on Tenant’s behalf in paying such amount shall be considered a connection with the third (3rd) and any subsequent failure by Tenant Delay. Landlord shall have no obligation to construct the Rooftop Terrace unless and until such time as Tenant has paid its share during any twelve (12) month period of the Terrace Costs. If the actual Terrace Costs differ from the estimated Terrace Costs, then Landlord shall deliver such overpayment to Tenant, or Tenant shall deliver such underpayment to Landlord, as applicable, within ten (10) business days of Landlord’s determination of the actual Terrace CostsTerm.

Rooftop Terrace. As Landlord shall construct and complete, at its sole cost and expense as part of the Landlord’s Work, Landlord shall design and construct Work (as that term is defined in Section 1.1(A) of Exhibit B-1 attached to this Lease) a rooftop terrace containing approximately 7,200 square feet separate outside deck on the roof rooftop of the eighth (8th) floor of the Building I as shown on Exhibit B-4 attached hereto (the “Rooftop Terrace”). Landlord shall provide So long as Tenant with plans is leasing that portion of the ninth (“Rooftop Plans”9th) for floor of the Building adjoining Tenant’s Rooftop Terrace Area (with total associated costs on a line-item basisas hereinafter defined). , Tenant shall have the exclusive right to either approve use that portion of the Rooftop Plans, or propose additional options for such Terrace that is accessible from the Premises (identified on Exhibit B-4 as “Tenant’s Rooftop Terrace for Area”). Tenant’s access to and use of Tenant’s Rooftop Terrace Area shall be subject to applicable Legal Requirements (as defined in Section 1.3 of Exhibit B-1 attached hereto), governmental or quasi-governmental prohibitions and/or restrictions (including without limitation any temporary or permanent closure(s) of the Rooftop Terrace and/or restriction of Tenant’s use thereof due to concerns about terror or terrorism), the availability of insurance at commercially reasonable rates, and Landlord’s approvalreasonable rules with respect thereto that may be established from time to time (including Tenant’s reimbursement of Landlord as Additional Rent for all reasonable costs incurred by Landlord associated therewith, not to be unreasonably withheldbut specifically excluding any mandatory closure of Tenant’s Rooftop Terrace Area during specific months of the year). In connection with the foregoing, it is understood and agreed that Tenant’s Rooftop Terrace Area shall have a maximum capacity of forty-nine (49) people. Tenant shall notify Landlord of be responsible, at its additional options sole cost and expense, for such all maintenance, repair, cleaning, landscaping and access control, required to keep Tenant’s Rooftop Terrace (whether from Landlord’s options or otherwise) within five (5) business days after Landlord delivers its Rooftop Plans Area in substantially the same condition in which it is delivered to Tenant, excluding reasonable wear and tear, damage by fire or other casualty, or damage caused by Landlord or its agents, employees or contractors; provided, however, that upon Tenant’s request, Landlord will perform the maintenance and repair of Tenant’s Rooftop Terrace Area, at Tenant’s sole cost and expense on a “work order” basis under Section 7.3 below (provided further that under no circumstances will either Landlord or Tenant be responsible for any snow or ice removal from the Rooftop Terrace, Tenant hereby assuming all risk associated with its use of Tenant’s Rooftop Terrace Area during winter conditions). If Tenant fails to timely respond, then Tenant Tenant’s Rooftop Terrace Area shall be deemed to be a part of the Premises for all intents and purposes of this Lease; provided, however, that (i) there shall be no rentable floor area associated with Tenant’s Rooftop Terrace Area and no obligation to pay Annual Fixed Rent with respect thereto and (ii) Tenant shall not have approved the right to separately assign its rights under this Section 2.2.1 or to sublease all or any portion of Tenant’s Rooftop Plans submitted by LandlordTerrace Area, other than in connection with an assignment of this Lease or sublease of the Premises permitted under Article XII below. Landlord Without limiting the generality of the foregoing, it is expressly understood and agreed that the insurance and indemnification provisions of Article XIII of this Lease shall notify Tenant of any cost increases related be deemed to apply to Tenant’s proposed use of Tenant’s Rooftop Plans within five (5) business days after Tenant proposes such Rooftop PlansTerrace Area; provided, and however, that Tenant shall notify Landlord within five (5) business days not be liable for any damage caused to the underlying roof structure to the extent resulting from Tenant’s proper use of receipt of same as to whether Tenant approves such additional costs. If Tenant fails to timely respond or timely rejects such costs, then Landlord may proceed with LandlordTenant’s original Rooftop Plans. Landlord shall be responsible for the costs associated Terrace Area in compliance with the design, permitting (including any necessary governmental approvals) terms and construction provisions of the Rooftop Terrace (collectively, the “Terrace Costs”), up to a maximum amount of $350,000. If the actual Terrace Costs exceed $350,000, then Tenant shall be responsible for all such Terrace Costs in excess of $350,000. Landlord shall notify Tenant of the total estimated Terrace Costs prior to the Construction Permit Receipt Milestone Date and Tenant shall pay to Landlord its share of such costs within ten (10) business days of receipt of such notice from Landlord. Any delay in paying such amount shall be considered a Tenant Delay. Landlord shall have no obligation to construct the Rooftop Terrace unless and until such time as Tenant has paid its share of the Terrace Costs. If the actual Terrace Costs differ from the estimated Terrace Costs, then Landlord shall deliver such overpayment to Tenant, or Tenant shall deliver such underpayment to Landlord, as applicable, within ten (10) business days of Landlord’s determination of the actual Terrace Coststhis Lease.

Rooftop Terrace. As part Subject to applicable regulatory prohibitions and restrictions and the availability of insurance at commercially reasonable rates, and so long as the Landlord’s Workbuilding at 0000 Xxxxxxxxxx Xxxxx, Xxxxxx Xxxxxxxx (“TMC I”) is held by ownership affiliated with Landlord shall design and construct contains a rooftop terrace containing approximately 7,200 square feet on the roof of Building I (the “Rooftop Terrace”). Landlord shall provide for use by tenants, then Tenant with plans (“Rooftop Plans”) for the Rooftop Terrace (with total associated costs on a line-item basis). Tenant shall will have the right to either approve reserve the Rooftop Plansuse of the rooftop terrace on the TMC I building for corporate events, or propose additional options for such Rooftop Terrace for on a first come first served basis, and otherwise, subject to reasonable rules and regulations established by Landlord and the terms and conditions of this paragraph. Notwithstanding anything herein to the contrary, if at any time TMCI is not held by an ownership affiliated with Landlord’s approval, not to be unreasonably withheld. Tenant shall notify Landlord of its additional options for such Rooftop Terrace (whether from Landlord’s options or otherwise) within five (5) business days after Landlord delivers its Rooftop Plans to Tenant. If Tenant fails to timely respond, then Tenant shall have no right to use the rooftop terrace. Tenant’s use shall be deemed permitted only after Building Hours and only after obtaining prior written authorization from, and subject to have approved the Rooftop Plans submitted by scheduling with, Landlord. In no event shall Tenant have the right to use the rooftop terrace in the event of emergency or at times during which another party has been granted exclusive use of the rooftop terrace. Tenant shall, at all times, comply (and cause its guests to comply) with rules and regulations established by Landlord shall notify Tenant and the owner of any cost increases related to Tenant’s proposed Rooftop Plans within five TMC I (5) business days after Tenant proposes such Rooftop Plans, including executing a waiver and Tenant shall notify use agreement and reimbursing Landlord within five (5) business days as additional rent for all out of receipt of same as to whether Tenant approves such additional costs. If Tenant fails to timely respond or timely rejects such costs, then Landlord may proceed with Landlord’s original Rooftop Plans. Landlord shall be responsible for the pocket costs associated with the design, permitting (including any necessary governmental approvals) and construction Tenant’s use of the Rooftop Terrace (collectivelyrooftop terrace, including, but not limited to, clean up and security costs and indemnifying the “Terrace Costs”owner of TMC I for any costs, losses or liabilities suffered or incurred by such owner in connection with Tenant’s use of the rooftop terrace), up to . The rooftop terrace is a maximum amount of $350,000nonsmoking area. If the actual Terrace Costs exceed $350,000, then Tenant shall use the rooftop terrace at its own risk and neither Landlord nor the owner of TMC I shall be responsible liable to Tenant or any of Tenant Related Parties for all such Terrace Costs in excess of $350,000. Landlord shall notify Tenant any damage, injury, loss, expense, compensation or claim whatsoever arising out of the total estimated Terrace Costs prior use of the rooftop terrace. Any costs incurred by Landlord for the right to use the rooftop terrace shall be included in Expenses except to the Construction Permit Receipt Milestone Date and Tenant shall pay extent specifically excluded therefrom pursuant to Landlord its share of such costs within ten (10) business days of receipt of such notice from Landlord. Any delay in paying such amount shall be considered a Tenant Delay. Landlord shall have no obligation to construct the Rooftop Terrace unless and until such time as Tenant has paid its share of the Terrace Costs. If the actual Terrace Costs differ from the estimated Terrace Costs, then Landlord shall deliver such overpayment to Tenant, or Tenant shall deliver such underpayment to Landlord, as applicable, within ten (10) business days of Landlord’s determination of the actual Terrace CostsSection 5.03(B).

Rooftop Terrace. As Subject to compliance with applicable Legal Requirements and to Landlord obtaining, as part of the Rooftop Terrace Project Costs (as hereinafter defined) all necessary permits and approvals therefor, Landlord shall construct and complete, simultaneously with the performance of the Landlord’s WorkWork and at Tenant’s sole cost and expense as hereinafter set forth, Landlord shall design and construct a separate outside deck atop a portion of the rooftop terrace containing approximately 7,200 square feet of the Building as shown on the roof of Building I Exhibit P attached hereto (the “Rooftop Terrace”). Landlord shall provide Tenant with plans (“Rooftop Plans”) for the Rooftop Terrace (with total associated costs on a line-item basis)and containing not more than 6,600 square feet. Tenant shall have the exclusive right to either approve use the Rooftop Plans, or propose additional options for such Rooftop Terrace for Landlord’s approval, not to be unreasonably withheld. Tenant shall notify Landlord of its additional options for such Rooftop Terrace (whether from Landlord’s options or otherwise) within five (5) business days after Landlord delivers its Rooftop Plans to Tenant. If Tenant fails to timely respond, then Tenant shall be deemed to have approved the Rooftop Plans submitted by Landlord. Landlord shall notify Tenant of any cost increases related to and Tenant’s proposed Rooftop Plans within five (5) business days after Tenant proposes such Rooftop Plans, access to and Tenant shall notify Landlord within five (5) business days of receipt of same as to whether Tenant approves such additional costs. If Tenant fails to timely respond or timely rejects such costs, then Landlord may proceed with Landlord’s original Rooftop Plans. Landlord shall be responsible for the costs associated with the design, permitting (including any necessary governmental approvals) and construction use of the Rooftop Terrace shall be subject to applicable Legal Requirements, governmental or quasi-governmental prohibitions and/or restrictions (collectivelyincluding without limitation any temporary or permanent closure(s) of the Rooftop Terrace and/or restriction of Tenant’s use thereof due to concerns about terror or terrorism), the availability of insurance at commercially reasonable rates, and Landlord's reasonable rules with respect thereto that may be established from time to time. Tenant shall be responsible to pay to Landlord, as Additional Rent, for all reasonable, out of pocket costs incurred by Landlord in connection with the Rooftop Terrace. Tenant shall be responsible, at its sole cost and expense, for all maintenance, repair, cleaning, landscaping and access control, required to keep the Rooftop Terrace in substantially the same condition in which it is delivered to Tenant, excluding reasonable wear and tear, damage by fire or other casualty, or damage caused by Landlord or its agents, employees or contractors excepted; provided, however, that upon Tenant’s request, Landlord will perform any repairs, maintenance and/or janitorial services requested by Tenant to the Rooftop Terrace, at Tenant’s sole cost and expense as Additional Rent but with the costs separately allocated as a “Special Service” payable by Tenant and not subject to the Expense Cap set forth in Section 7.5(C) below (but without xxxx-up by Landlord). Notwithstanding the foregoing, Landlord shall not be required to perform any snow or ice removal from the Rooftop Terrace Costs”)unless Landlord reasonably determines necessary for safety reasons. Landlord shall maintain, up to a maximum amount as part of $350,000. If Operating Expenses, the actual roof, roof membrane and associated supporting structure located underneath the Rooftop Terrace Costs exceed $350,000and any other structural elements during the Term in accordance with Landlord’s obligations under Section 7.1 of this Lease, then provided, however, Tenant shall be responsible for all such any reasonably documented increase in the costs of Landlord’s repairs and maintenance to the roof and roof membrane to the extent resulting from Tenant’s misuse or from the improper placement of Tenant’s furniture, property or installations on the Rooftop Terrace. The Rooftop Terrace Costs in excess of $350,000. Landlord shall notify Tenant be deemed to be a part of the total estimated Premises for all intents and purposes of this Lease; provided, however, that (i) there shall be no rentable floor area associated with the Rooftop Terrace Costs prior and no obligation to pay Annual Fixed Rent with respect thereto and (ii) Tenant shall not have the Construction Permit Receipt Milestone Date right to separately assign its rights under this Section 2.4 or to sublease all or any portion of the Rooftop Terrace, other than in connection with an assignment of this Lease or sublease of the Premises permitted under Article XII below. Without limiting the generality of the foregoing, it is expressly understood and agreed that the insurance and indemnification provisions of Article XIII of this Lease shall be deemed to apply to Tenant’s use and occupancy of the Rooftop Terrace. The construction of the Rooftop Xxxxxxxx shall be performed by Landlord, and Tenant shall be responsible to pay to Landlord its share of such costs within ten (10) business days of receipt of such notice from Landlord. Any delay in paying such amount shall be considered a Tenant Delay. Landlord shall have no obligation to construct the Rooftop Terrace unless Project Costs (as defined in Exhibit B) in accordance with the terms and until such time as Tenant has paid its share conditions of Section 5.0 of the Terrace Costs. If the actual Terrace Costs differ from the estimated Terrace Costs, then Landlord shall deliver such overpayment to Tenant, or Tenant shall deliver such underpayment to Landlord, Work Agreement attached hereto as applicable, within ten (10) business days of Landlord’s determination of the actual Terrace CostsExhibit B and made a part hereof.

Rooftop Terrace. As part of Subject to applicable regulatory prohibitions and restrictions, the Landlord’s Work, Landlord Building shall design and construct contain a rooftop terrace containing approximately 7,200 square feet on floor 19 (which excludes the roof inside event space) which is the top of Building I the low-rise portion of the office building (the “Rooftop Terrace”). ) that will be available for use by Tenant and its employees on a non-exclusive basis during and outside of the Building Hours, except (i) in the event of emergency and (ii) where Landlord shall provide Tenant with plans (“Rooftop Plans”) for has permitted another tenant temporary exclusive use of the Rooftop Terrace Terrace. With prior authorization from Landlord and subject to availability and to compliance with rules and regulations established by Landlord (with total including Tenant’s executing Landlord’s commercially reasonable form of waiver and use agreement and reimbursing Landlord as additional rent for all costs associated costs on a line-item basistherewith including, but not limited to, clean up and security costs). , Tenant shall have the right to either approve hold exclusive reserved events on the Rooftop Plans, Terrace during or propose additional options for such outside of Building Hours but may not reserve the Rooftop Terrace for Landlord’s approval, not more than its Proportionate Share of time available for private events. Landlord shall manage time available for private events on an equitable basis so that each tenant has the opportunity to be unreasonably withheldreserve the Rooftop Terrace for private events for its Proportionate Share of time available for private events during seasons with good weather. Private events scheduled outside of Building Hours may incur additional charges. The Rooftop Terrace is a non-smoking area. Tenant shall notify use the Rooftop Terrace at its own risk and Landlord shall not be liable to Tenant or any of its additional options invitees for such injuries received while using the Rooftop Terrace and adjacent area (whether from except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s options Representatives acting within the scope of their authority). If Landlord provides set-up, cleaning or otherwise) within five (5) business days after Landlord delivers its Rooftop Plans other services with respect to Tenant. If Tenant fails to timely respond’s use of the Rooftop Terrace, then Tenant shall be deemed to have approved the Rooftop Plans submitted by Landlord. Landlord shall notify Tenant of any cost increases related to Tenant’s proposed Rooftop Plans within five (5) business days after Tenant proposes such Rooftop Plans, and Tenant shall notify Landlord within five (5) business days of receipt of same as to whether Tenant approves such additional costs. If Tenant fails to timely respond or timely rejects such costs, then Landlord may proceed with Landlord’s original Rooftop Plans. Landlord shall be responsible billed on a reasonable basis for the costs associated with the design, permitting (including any necessary governmental approvals) and construction of the Rooftop Terrace (collectively, the “Terrace Costs”), up to a maximum amount of $350,000. If the actual Terrace Costs exceed $350,000, then Tenant shall be responsible for all such Terrace Costs in excess of $350,000. Landlord shall notify Tenant of the total estimated Terrace Costs prior to the Construction Permit Receipt Milestone Date and Tenant shall pay to Landlord its share of such costs within ten (10) business days of receipt of such notice from Landlord. Any delay in paying such amount shall be considered a Tenant Delay. Landlord shall have no obligation to construct the Rooftop Terrace unless and until such time as Tenant has paid its share of the Terrace Costs. If the actual Terrace Costs differ from the estimated Terrace Costs, then Landlord shall deliver such overpayment to Tenant, or Tenant shall deliver such underpayment to Landlord, as applicable, within ten (10) business days of Landlord’s determination of the actual Terrace Coststhose services.