Satellite Dish Antenna. (a) Provided and on condition that Tenant, as of the date on which Landlord’s consent is requested as hereinafter described, has not assigned this Lease or sublet all or any portion of the Premises, Tenant may erect on the roof of the Building, at Tenant’s sole cost and expense, one (1) satellite antenna/dish transmission/reception device (the “Antenna”) subject to the terms and conditions set forth in Par. 12 of the Lease and subject further to the terms and conditions set forth hereinafter. Prior to installing the Antenna, Tenant shall provide Landlord with plans and specifications therefor, as well as structural calculations and such other information pertaining to the Antenna as Landlord may reasonably require. Landlord’s prior consent to such plans and specifications, as well as the location, manner of installation and control of the Antenna shall be required, but shall not be unreasonably withheld, conditioned or delayed. Tenant shall, within ten (10) days of being billed therfor by Landlord, reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review of the foregoing. Tenant shall obtain, at its sole cost and expense, and with the reasonable cooperation of Landlord, all governmental permits and approvals required for the installation and use of the Antenna. Tenant shall install the Antenna in a good and workmanlike manner using a roofing contractor designated by Landlord. Once installed, the Antenna shall be deemed to be a part of the Premises and all references in this Lease to the Premises shall include said Antenna. Tenant shall be solely responsible, at its sole cost and expense, for the maintenance and repair of the Antenna, and shall indemnify and hold harmless Landlord from and against all liability, claims or costs, including reasonable legal fees, arising from the installation and/or use of the Antenna. Tenant shall also be solely responsible for the repair of any damage to the Building or the roof caused by the installation and/or use of the Antenna. Tenant agrees that in the event that any repair or replacement of the roof is required pursuant to this Section, Tenant will use the roofing contractor designated by Landlord. Under no circumstances shall Landlord be liable for any damage to or vandalism of the Antenna. In addition, Landlord shall in no event be responsible if, for any reason whatsoever, the Antenna does not perform to the expectations of Tenant. In using the Antenna, Tenant agrees: (i) not to disrupt, adversely affect or interfere with any other tenant’s or other occupant’s use and enjoyment of its leased premises or any other part of the Property, and (ii) not to disrupt, adversely affect or interfere with any other providers of telecommunications services to the Property. Tenant agrees not to grant any third parties the right to utilize in any manner, or otherwise benefit from, the Antenna. Tenant further agrees that Landlord may install and operate, and may permit the installation and operation by others of, additional satellite antenna/dish transmission/reception devices at the Property. Tenant agrees to remove the Antenna on or prior to the Expiration Date or earlier termination of the Lease, restore the roof to its existing condition prior to the installation of the Antenna and repair any damage cause by such removal. In addition, if Tenant fails to remove the Antenna on or before the Expiration Date or earlier termination of the Lease then, Landlord, at its sole option, may, at Tenant’s sole cost and expense, remove the Antenna and repair any damage caused by such removal.
Appears in 2 contracts
Samples: Agreement of Lease (Valeritas Holdings Inc.), Agreement of Lease (Valeritas Holdings Inc.)
Satellite Dish Antenna. (a) Provided and on condition that Tenant, as of the date on which Landlord’s consent is requested as hereinafter described, has not assigned this Lease or sublet all or any portion of the Premises, Tenant may erect on the roof of the Building, at Tenant’s sole cost and expense, one (1) satellite antenna/dish transmission/reception device (the “Antenna”) subject Subject to the terms and conditions set forth of this Special Stipulation 3, and subject to the approval of any applicable private associations whose rights are evidenced of Public Record (if any), Tenant shall have the right to install a satellite dish, microwave antenna or other similar equipment on the roof of Building in Para location selected by Landlord or at another location designated by Landlord. 12 Except as otherwise provided herein, all provisions of the Lease and subject further shall be deemed applicable to the terms said installation, subject to the limited use and conditions set forth hereinafterpurpose of same as herein contemplated. Prior Tenant shall not sell or rent time on or use such equipment to installing other occupants of the AntennaBuilding or any other third parties. Such equipment shall be installed accordance with plans and specifications prepared by Tenant and approved by Landlord and in accordance with all applicable building codes, and Landlord shall not be obligated to provide any additional utility service required by said equipment. Once so approved by Landlord in writing, such installation shall be prosecuted with commercially reasonable diligence to completion within thirty (30) days. Tenant shall be responsible in determining the sufficiency of the roof structure to support the live and static load of the said installation. No logo, business or similar image or design, or trade name, or similar written feature (other than ordinary brand name imprints of the equipment), shall be visible upon any surface of any such equipment or installation and no surface thereof may be used for promotional or advertising purposes. Such equipment shall be properly screened so as to not be visible from the common areas of the Building or Property. No roof penetrations shall be permitted. Nonetheless if for any reason Landlord does consent to any level of installation that involves any degree of roof penetration, then, any such roof penetrations in the roof of the Premises or the Building shall be made by Landlord's roofing contractor at Tenant's sole cost and expense. Tenant shall provide Landlord with plans and specifications therefora letter from the roofing contractor stating that such work has not affected the roof bond or guaranty for the roof of Building, as well as structural calculations and such other information pertaining applicable. All access to the Antenna as Landlord may reasonably require. Landlord’s prior consent to such plans and specifications, as well as the location, manner of installation and control of the Antenna roof shall be required, but shall not be unreasonably withheld, conditioned or delayed. Tenant shall, within ten (10) days of being billed therfor by coordinated with Landlord, reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review of the foregoing. Tenant shall obtain, at its sole cost and expense, and with the reasonable cooperation of Landlord, all governmental permits and approvals required for the installation and use of the Antenna. Tenant shall install the Antenna maintain said equipment in a good state of repair and workmanlike manner using a roofing contractor designated by Landlord. Once installedshall protect, defend, indemnify, save and hold harmless Landlord against and from any and all claims, losses, costs, damages and expenses, including attorneys' fees, resulting from, or in connection with, the Antenna erection, maintenance, existence or removal of such equipment; and shall be deemed to be a part repair any damage which may have been caused by the erection, maintenance, existence or removal of the Premises and all references in this Lease to the Premises shall include said Antennasuch equipment. Tenant shall be solely responsible, at its sole cost responsible for obtaining the consent of all regulatory license commissions and expense, for the maintenance and repair of the Antennagovernment agencies before erecting any such equipment, and thereafter maintaining such consent. No consent here given shall indemnify and hold harmless Landlord from and against all liability, claims operate as an assurance or costs, including reasonable legal fees, arising from warranty that the said installation and/or use of the Antenna. Tenant shall also be solely responsible for the repair of any damage to the Building or the roof caused equipment is permitted by the installation and/or use of the Antenna. Tenant agrees that in the event that any repair or replacement of the roof is required pursuant to this Section, Tenant will use the roofing contractor designated by Landlordlaw. Under no circumstances shall Landlord be liable for will Tenant permit the operation of the installation and its equipment to interfere with or otherwise impede the operations of any damage other communications, electronic transmission or other similar systems operating in, to or vandalism of the Antenna. In addition, Landlord shall in no event be responsible if, for any reason whatsoever, the Antenna does not perform to the expectations of Tenant. In using the Antenna, Tenant agrees: (i) not to disrupt, adversely affect or interfere with any other tenant’s or other occupant’s use and enjoyment of its leased premises or any other part of the Property, and (ii) not to disrupt, adversely affect or interfere with any other providers of telecommunications services to from the Property. Any taxes or assessments or increases in insurance costs levied or arising against or in connection with the Building or Landlord or the Property because of the existence of such equipment shall be Tenant's sole responsibility to pay in full upon invoice therefor. Upon vacating the Premises, Tenant agrees not to grant any third parties shall remove such equipment and repair all damage caused by such removal and dispose of the right to utilize in any mannerequipment and other installation items so removed, or otherwise benefit from, the Antennaoff-site. Where Tenant further agrees that Landlord may install and operate, and may permit the installation and operation by others of, additional satellite antenna/dish transmission/reception devices at the Property. Tenant agrees fails to remove the Antenna on same upon expiration or prior to the Expiration Date or earlier termination of the Lease, restore Tenant shall be liable for the roof reasonable costs incurred by Landlord to its existing condition prior effectuate the removal and disposal as otherwise herein required of Tenant. Tenant's obligation to observe or perform this covenant shall survive the installation of the Antenna and repair any damage cause by such removal. In addition, if Tenant fails to remove the Antenna on expiration or before the Expiration Date or earlier termination of the Lease then, Landlord, at its sole option, may, at Tenant’s sole cost and expense, remove the Antenna and repair any damage caused by such removalthis Lease.
Appears in 1 contract
Samples: Lease (Adma Biologics, Inc.)
Satellite Dish Antenna. (a) Provided Landlord shall have the continued ---------------------- ability to lawfully allow other parties or itself the right to install, operate and on condition that Tenant, as of the date on which Landlord’s consent is requested as hereinafter described, has not assigned this Lease maintain roof top antennas or sublet all or any portion of the Premisesother communications devices, Tenant may erect on shall have the roof of the Buildingnon-exclusive right to install, operate, and maintain, at Tenant’s its sole cost and expense, one (1) satellite antenna/dish transmission/reception device (or more communication devices on the “Antenna”) roof of the Building, the height and number of which are subject to Landlord's prior reasonable approval in writing and to any applicable governmental regulation or ordinance. Said device shall not display any name, logo, or other identity. Tenant shall be solely responsible for obtaining, with Landlord's reasonable cooperation, if necessary (but at no cost to Landlord), any and all governmental approvals and permits, including, without limitation, any FCC permit, which may be required in connection with the terms installation and conditions set forth in Par. 12 use of the Lease device. Tenant shall be responsible for any and subject further all damage to the terms Building in connection with said device and conditions set forth hereinafteragrees to indemnify and hold Landlord harmless from all direct and indirect reasonable costs, expenses, and claims resulting therefrom. Prior Landlord shall designate a satisfactory Building location (taking into consideration Tenant's device requirements), reasonable method of annexation (including the location of any necessary wiring), and installer for said device. Tenant agrees not to installing interfere with other radio transmission or reception equipment located at the AntennaBuilding. If Tenant should cause such interference, Tenant shall provide Landlord with plans and specifications therefor, as well as structural calculations and such other information pertaining to the Antenna as Landlord may reasonably require. Landlord’s prior consent to such plans and specifications, as well as the location, manner of installation and control cease its operation of the Antenna shall be required, but shall not be unreasonably withheld, conditioned or delayed. Tenant shall, within ten (10) days of being billed therfor by Landlord, reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review of the foregoing. Tenant shall obtaincommunication device and, at its sole cost and expense, immediately take the necessary and appropriate action to eliminate and correct such interference before resuming operation. Such corrective action may include, but not be limited to, Landlord's relocation of the device and any related equipment, the cost of which Tenant shall pay as Additional Rent to Landlord within ten (10) days of Tenant's receipt of a xxxx therefor. Upon the expiration or sooner termination of this Lease, Tenant, at Landlord's option, shall remove said communication device and repair all injury done by or in connection with the reasonable cooperation installation or removal of Landlord, all governmental permits and approvals required said device. Any device installed by Tenant pursuant to the provisions of this Paragraph shall be for the installation and sole use of the Antenna. Tenant shall install the Antenna in a good and workmanlike manner using a roofing contractor designated by Landlord. Once installed, the Antenna shall be deemed to be a part of the Premises and all references in this Lease to the Premises shall include said Antenna. Tenant shall be solely responsible, at its sole cost and expense, for the maintenance and repair of the Antennaitself, and shall indemnify and hold harmless Landlord from and against all liabilityTenant may not assign, claims sublet or costs, including reasonable legal fees, arising from license the installation and/or use of the Antenna. Tenant shall also be solely responsible for the repair of any damage to the Building communication device or the roof caused by the installation and/or use of the Antenna. Tenant agrees that in the event that any repair or replacement of the roof is required pursuant thereof to this Section, Tenant will use the roofing contractor designated by Landlord. Under no circumstances shall Landlord be liable for any damage to or vandalism of the Antenna. In addition, Landlord shall in no event be responsible if, for any reason whatsoever, the Antenna does not perform to the expectations of Tenant. In using the Antenna, Tenant agrees: (i) not to disrupt, adversely affect or interfere with any other tenant’s or other occupant’s use and enjoyment of its leased premises or any other part of the Property, and (ii) not to disrupt, adversely affect or interfere with any other providers of telecommunications services to the Property. Tenant agrees not to grant any third parties the right to utilize in any manner, or otherwise benefit from, the Antenna. Tenant further agrees that Landlord may install and operate, and may permit the installation and operation by others of, additional satellite antenna/dish transmission/reception devices at the Property. Tenant agrees to remove the Antenna on or prior to the Expiration Date or earlier termination of the Lease, restore the roof to its existing condition prior to the installation of the Antenna and repair any damage cause by such removal. In addition, if Tenant fails to remove the Antenna on or before the Expiration Date or earlier termination of the Lease then, Landlord, at its sole option, may, at Tenant’s sole cost and expense, remove the Antenna and repair any damage caused by such removalparty.
Appears in 1 contract
Samples: Lease Termination Agreement (Logical Design Solutions Inc)
Satellite Dish Antenna. (a) Provided and on condition that Tenant, as of Tenant shall have the date on which Landlord’s consent is requested as hereinafter described, has not assigned this Lease or sublet all or any portion of the Premises, Tenant may erect on the roof of the Buildingright, at Tenant’s its sole ---------------------- cost and expense, one to install and maintain on the Building's roof the equipment and satellite dish antenna (1or similar transmitting device) satellite antenna/dish transmission/reception device required for Tenant's communications and data transmission network (the “"Antenna”) subject "). Tenant shall be solely responsible for obtaining, with Landlord's reasonable cooperation, if necessary (but at no cost to the terms Landlord), any and conditions set forth in Par. 12 all governmental approvals and permits, including, without limitation, any FCC permit and any amendment of the Lease Building's site plan approval, which may be required in connection with the installation and subject further to the terms and conditions set forth hereinafter. Prior to installing use of the Antenna, Tenant shall provide Landlord with plans and specifications therefor, as well as structural calculations and such other information pertaining to the Antenna as Landlord may reasonably require. Landlord’s prior consent to such plans and specifications, as well as the location, manner of installation and control of the The Antenna shall be required, but located in an area mutually acceptable to both Tenant and Landlord. Landlord shall not be unreasonably withheld, conditioned or delayed. Tenant shall, within ten (10) days of being billed therfor by Landlord, reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review of have the foregoing. Tenant shall obtainright to relocate the Antenna, at its sole cost and expense, at any time and from time to time during the Term, provided such relocation does not unreasonably interfere with Tenant's business at the Demised Premises and further provided that Landlord shall provide Tenant with reasonable cooperation prior notice of Landlordsaid relocation and Landlord shall cooperate with Tenant in effectuating said relocation. Tenant shall not have the exclusive right to use the Building roof for its Antenna, all governmental but rather, shall be subject to the right of Landlord to use the roof or to permit other tenants of the Building to use the roof for their needs. In the event that Land- lord permits any other tenant to use the roof for equipment similar to the Antenna, such other tenant's use shall not unreasonably interfere with Tenant's Antenna. Tenant shall not be permitted to terminate this Lease or be entitled to a reduction or abatement of the rent due and payable under this Lease in the event that Tenant is unable to obtain the necessary permits and approvals required for to install the installation and Antenna or if conditions beyond Landlord's control interfere with Tenant's use of the Antenna. Tenant shall install be permitted access to the Antenna in a good Building roof and workmanlike manner using a roofing contractor designated by Landlord. Once installedto the risers and conduits within the Building for purposes of installing and maintaining the Antenna, the Antenna which access shall be deemed to be a part not unreasonably interfere with any other tenant's use and enjoyment of the Premises and all references in this Lease Building. Tenant shall pay the cost of any Building modifications or improvements required to accommodate the Premises shall include said Antenna. Tenant hereby indemnifies and holds Landlord harmless from and against any and all claims, damages, liabilities, costs and expenses (including without limitation attorneys fees and litigation costs) arising out of Tenant's construction, installation, replacement, maintenance and general use of the Antenna. Tenant acknowledges that Landlord has made no representations or warranties to Tenant that the Antenna is permitted under applicable zoning ordinances. Tenant shall be solely responsiblecomply with any such ordinances, at its sole cost and expense, for the maintenance and repair of the Antenna, and shall indemnify and hold harmless Landlord from and against all liability, claims or costs, including reasonable legal fees, arising from the installation and/or . Tenant's use of the Antenna. Tenant roof space shall also be solely responsible for the repair of any damage to the Building not require a separate or the roof caused additional rent payment by the installation and/or use of the Antenna. Tenant agrees that in the event that any repair or replacement of the roof is required pursuant to this Section, Tenant will use the roofing contractor designated by Landlord. Under no circumstances shall Landlord be liable for any damage to or vandalism of the Antenna. In addition, Landlord shall in no event be responsible if, for any reason whatsoever, the Antenna does not perform to the expectations of Tenant. In using the Antenna, Tenant agrees: (i) not to disrupt, adversely affect or interfere with any other tenant’s or other occupant’s use and enjoyment of its leased premises or any other part of the Property, and (ii) not to disrupt, adversely affect or interfere with any other providers of telecommunications services to the Property. Tenant agrees not to grant any third parties the right to utilize in any manner, or otherwise benefit from, the Antenna. Tenant further agrees that Landlord may install and operate, and may permit the installation and operation by others of, additional satellite antenna/dish transmission/reception devices at the Property. Tenant agrees to remove the Antenna on or prior to the Expiration Date or earlier termination of the Lease, restore the roof to its existing condition prior to the installation of the Antenna and repair any damage cause by such removal. In addition, if Tenant fails to remove the Antenna on or before the Expiration Date or earlier termination of the Lease then, Landlord, at its sole option, may, at Tenant’s sole cost and expense, remove the Antenna and repair any damage caused by such removal.
Appears in 1 contract
Samples: Lease Agreement (Danbury Pharmacal Puerto Rico Inc)
Satellite Dish Antenna. (a) Provided and on condition that Tenant, as of the date on which Landlord’s consent is requested as hereinafter described, has not assigned this Lease or sublet all or any portion of the Premises, Tenant may erect on the roof of the Buildingshall have a nonexclusive right to install, at Tenant’s sole cost and expense, one reasonably sized satellite dish antenna on the roof of the Building for Tenant’s personal, nonprofit use, without payment of additional rent therefor. Tenant’s rights under this Section 41: (1a) satellite antenna/dish transmission/reception device are personal to Tenant and not assignable without Landlord’s express written consent; (b) shall terminate on the “Antenna”Expiration Date; (c) are subject to the terms current and conditions set forth in Par. 12 future needs of the Lease and subject further Landlord relating to the terms and conditions set forth hereinafter. Prior to installing the Antennaoperation, Tenant shall provide Landlord with plans and specifications therefor, as well as structural calculations and such other information pertaining to the Antenna as Landlord may reasonably require. Landlord’s prior consent to such plans and specifications, as well as the location, manner of installation and control of the Antenna shall be required, but shall not be unreasonably withheld, conditioned or delayed. Tenant shall, within ten (10) days of being billed therfor by Landlord, reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review of the foregoing. Tenant shall obtain, at its sole cost and expense, and with the reasonable cooperation of Landlord, all governmental permits and approvals required for the installation and use of the Antenna. Tenant shall install the Antenna in a good and workmanlike manner using a roofing contractor designated by Landlord. Once installed, the Antenna shall be deemed to be a part of the Premises and all references in this Lease to the Premises shall include said Antenna. Tenant shall be solely responsible, at its sole cost and expense, for the maintenance and repair of the AntennaBuilding or the Project, and shall indemnify the prior rights of other tenants; and hold harmless (d) are subject to the approval of all governmental entities with jurisdiction of such antenna. Landlord from hereby grants to Tenant a nonexclusive license to use existing and against all liability, claims or costs, including reasonable legal fees, arising common area passageways in the Building for ingress to and egress from the roof in connection with the installation and/or use and maintenance of the Antennaantenna, provided that Tenant coordinates ingress to the roof with Landlord. Tenant shall also be solely responsible obey all reasonable requirements imposed by Landlord for the repair of any damage to the Building or the roof caused by the installation and/or use of the Antenna. Tenant agrees that in the event that any repair or replacement protection of the roof is required pursuant to this Section, Tenant will use the roofing contractor designated by Landlord. Under no circumstances shall Landlord be liable for any damage to or vandalism of the Antenna. In addition, Landlord shall in no event be responsible if, for any reason whatsoever, the Antenna does not perform to the expectations of Tenant. In using the Antenna, Tenant agrees: (i) not to disrupt, adversely affect or interfere with any other tenant’s or other occupant’s use and enjoyment of its leased premises or any other part of the Property, and (ii) not to disrupt, adversely affect or interfere with any other providers of telecommunications services to the Property. Tenant agrees not to grant any third parties the right to utilize in any manner, or otherwise benefit from, the Antenna. Tenant further agrees that Landlord may install and operate, and may permit the installation and operation by others of, additional satellite antenna/dish transmission/reception devices at the Property. Tenant agrees to remove the Antenna on or prior to the Expiration Date or earlier termination of the Lease, restore the roof to its existing condition prior to the installation of the Antenna and repair any damage cause by such removal. In addition, if Tenant fails to remove the Antenna on or before the Expiration Date or earlier termination of the Lease then, Landlord, at its sole option, mayshall, at Tenant’s sole cost and expense, obtain all necessary governmental licenses and permits required for, and comply with all legal requirements (including recorded covenants and restrictions) in connection with, the construction and use of the antenna, including, without limitation, the rules and regulations of the Federal Communications Commission. The antenna shall be deemed to be Tenant’s personal property for all purposes under this Lease, and upon termination of this Lease Tenant shall remove the Antenna antenna in accordance with the provisions of this Lease. Tenant shall (i) prevent its antenna and repair the antenna’s transmission and frequency from interfering with the transmissions and frequencies of any damage other antennas or communications systems located on or in the Building or the Project, provided, however, that with respect to any third-party antennas or communications systems installed after the date Tenant first installs its antenna on the roof of the Building Tenant shall only be required to use commercially reasonable efforts to avoid any such interference, (ii) screen the antenna from view as reasonably required by Landlord, and (iii) cooperate with Landlord or third parties in maximizing the use of the roof area not used by Tenant. Landlord shall not be responsible for Tenant’s antenna or any interference with its antenna’s transmission, frequency, operation or use caused by such removalthird parties provided however that Landlord shall use commercially reasonable efforts to enforce any non-interference covenants in any leases with other tenants of the Project. Tenant shall not install any facilities or equipment on the roof or make any alteration to the roof without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion. Tenant shall be solely responsible for and shall pay, indemnify, defend and hold harmless Landlord from and against all claims, liabilities, demands, damages, losses, costs and expenses incurred in connection with the installation and use of the antenna.]
Appears in 1 contract
Samples: Belvedere Place (Redwood Trust Inc)
Satellite Dish Antenna. (a) Provided During the Term, Landlord shall grant to Tenant a non-exclusive license to install, maintain, repair, replace and on condition that Tenantoperate one (1) satellite dish and/or antenna (together with any related wires, as conduits and other equipment necessary or desirable for the proper operation of such satellite dish and/or antenna, collectively the date on which Landlord’s consent is requested as hereinafter described, has not assigned this Lease or sublet all or any portion of the Premises, Tenant may erect "Satellite") in a location on the roof of the Building, at Tenant’s sole cost Building designated by Landlord and expense, one (1) satellite antenna/dish transmission/reception device reasonably acceptable to Tenant (the “Antenna”"Equipment Space Area") upon and subject to all of the terms and conditions set forth herein. The Satellite shall be used only by Tenant solely to transmit and receive aerial transmissions in Parconnection with the business of Tenant; Tenant shall not have the right to use or allow any other person or entity to use the Satellite for a fee. 12 The rights under this Special Stipulation are personal to the Tenant named herein and are not assignable, except with respect to a permitted assignee of Tenant's interest under this Lease. Tenant its employees, agents and contractors shall have the right, upon prior reasonable notice to Landlord's managing agent, to enter or leave the roof for purposes of accessing the Satellite, subject to the terms of this Special Stipulation 10. The Satellite installed shall be and remain the property of Tenant, and Tenant shall, prior to the expiration or termination of this license, remove the Satellite (including all installation and anchoring hardware) installed in the Equipment Space Area and elsewhere in the Building, and surrender the Equipment Space Area in substantially the same condition existing prior to the installation of the Lease Satellite. Tenant shall be liable for, and shall promptly reimburse Landlord for, the cost of repairing all damage done to the Equipment Space Area or to the Building (including the roof thereof) by such installation or removal, including filling and sealing any holes or cavities left by the removal of installation or anchoring hardware. Tenant shall, at its sole cost and expense, obtain all 50 51 governmental permits or licenses required for the installation, repair, maintenance, operation and removal of the Satellite and shall provide Landlord with evidence thereof. Landlord agrees to cooperate with Tenant in obtaining all such permits and authorization, at no cost or expense to Landlord. Tenant's installation, repair, maintenance, operation and removal of the Satellite shall be subject further to and performed in accordance with the terms and conditions set forth hereinafter. Prior of this Lease and all applicable Legal Requirements (defined below) in effect from time to installing the Antenna, Tenant shall provide Landlord with plans and specifications therefor, as well as structural calculations and such other information pertaining to the Antenna as Landlord may reasonably require. Landlord’s prior consent to such plans and specifications, as well as the location, manner of installation and control of the Antenna shall be required, but shall not be unreasonably withheld, conditioned or delayedtime. Tenant shall, within ten (10) days of being billed therfor by Landlord, reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review of the foregoing. Tenant shall obtain, at its sole cost and expense, and with the reasonable cooperation of Landlordat its sole risk, all governmental permits and approvals required for the installation and use of the Antenna. Tenant shall install the Antenna Satellite in a good and workmanlike manner using a roofing contractor designated by Landlord. Once installedmanner, the Antenna shall be deemed to be a part and in compliance with all applicable Legal Requirements, including, but not limited to, all building, electric, communications, and safety codes, ordinances, standards, regulations and requirements of the Premises Federal Communications Commission and all references in this Lease to the Premises shall include said Antenna. Tenant shall be solely responsible, at its sole cost and expense, for the maintenance and repair of the Antenna, and shall indemnify and hold harmless Landlord from and against all liability, claims or costs, including reasonable legal fees, arising from the installation and/or use of the Antenna. Tenant shall also be solely responsible for the repair of any damage to the Building or the roof caused by the installation and/or use of the Antenna. Tenant agrees that in the event that any repair or replacement of the roof is required pursuant to this Section, Tenant will use the roofing contractor designated by Landlord. Under no circumstances shall Landlord be liable for any damage to or vandalism of the Antenna. In addition, Landlord shall in no event be responsible if, for any reason whatsoever, the Antenna does not perform to the expectations of Tenant. In using the Antenna, Tenant agrees: (i) not to disrupt, adversely affect or interfere with any other tenant’s or other occupant’s use and enjoyment of its leased premises or any other part of the Property, and Governmental Authority (ii) not to disrupt, adversely affect or interfere with any other providers of telecommunications services to the Property. Tenant agrees not to grant any third parties the right to utilize in any manner, or otherwise benefit from, the Antenna. Tenant further agrees that Landlord may install and operate, and may permit the installation and operation by others of, additional satellite antenna/dish transmission/reception devices at the Property. Tenant agrees to remove the Antenna on or prior to the Expiration Date or earlier termination of the Lease, restore the roof to its existing condition prior to the installation of the Antenna and repair any damage cause by such removal. In addition, if Tenant fails to remove the Antenna on or before the Expiration Date or earlier termination of the Lease then, Landlord, at its sole option, may, at Tenant’s sole cost and expense, remove the Antenna and repair any damage caused by such removaldefined below).
Appears in 1 contract
Samples: Lease Agreement (Serologicals Corp)
