Satellite Dish Installation. 52.01 For the period (the "Dish Term") commencing on the Commencement Date and ending on the last day of the term of this Lease, Tenant shall have the right, in accordance with, and subject to, the provisions of this Article, to install, maintain, repair, use and operate on the roof of the Building, at its sole cost and expense one (1) satellite dish up to eighteen (18) inches in diameter (which dish shall be used for receiving and transmitting for the sole use of Tenant) and support equipment (such satellite dish and support equipment being hereinafter collectively referred to as the "Equipment"), which Equipment shall be cabled to the demised premises through a riser reasonably designated by Landlord and shall not penetrate the roof of the Building, for the exclusive use by Tenant, subject to all of the applicable terms, covenants and provisions of this Lease, and subject to Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed) including, without limitation, approval as to location, which approval shall also be required for modifications to the same. In connection with such installation, maintenance, repair, use and operation (collectively, the "Dish Permitted Uses"), Tenant shall comply with all laws, ordinances, orders, rules, regulations and requirements of all governmental and quasi-governmental authorities having jurisdiction of or over the installation, maintenance, repair, use, operation or removal of the Equipment, or the use of the Roof Space (as hereinafter defined) or any other portion of the Building (collectively, "Dish Laws"), regardless of whether such compliance requires, at any time during the Dish Term, the making of alterations to the Building (which alterations may only be made in accordance with, and subject to, the applicable provisions of this Article) or other expenditures, whether foreseen or unforeseen, ordinary or extraordinary. Tenant shall procure, maintain and pay for all permits, certificates, consents, authorizations and licenses required therefor, including all renewals thereof (collectively, "Dish Permits"). All reasonable costs and expenses paid or incurred by or on behalf of Landlord in connection with the Equipment, the Installation (as hereinafter defined) and the Dish Permitted Uses, shall be reimbursed to Landlord, from time to time, within thirty (30) days after Landlord gives to Tenant Landlord's invoice therefor, together with reasonable evidence of the amounts so paid or incurred by Landlord. 52.02 The portion of the roof of the Building on which the Equipment is to be located, which portion shall be reasonably designated by Landlord so as to permit the Equipment to be usable for its intended purpose, is herein referred to as the "Roof Space." All applicable provisions of this Lease including, without limitation, those provisions relating to Tenant's obligations to maintain, repair and insure the demised premises and to comply with laws therein shall apply to Roof Space as if the same were part of the demised premises. Tenant shall use the Roof Space for the Dish Permitted Uses, as hereinbefore and hereinafter provided, and for no other purpose. Tenant shall not make, or permit to be made, any alteration, installation, improvement, substitution or addition to the Roof Space or any other portion of the Building, except as expressly permitted under this Article. 52.03 Before commencing the installation of the Equipment or any other alterations, improvements, additions or other work or changes related thereto (such installation and other alterations, improvements, additions and other work and changes being hereinafter referred to as the "Installation"), Tenant, at its sole cost and expense, shall prepare and submit to Landlord for Landlord's approval, reasonably detailed plans and specifications therefor, which approval shall not be unreasonably withheld or delayed, and which response shall be given by Landlord within fifteen (15) business days after submission of said Tenant's Plans, and within ten (10) Business Days after the submission of any subsequent revisions thereof. The out-of-pocket cost and expense reasonably incurred and/or paid by Landlord in connection with the review of said plans and specifications (and all revisions thereto), and the inspection of the work in respect thereof, by Landlord and Landlord's architects, engineers and other consultants and professionals shall be reimbursed by Tenant to Landlord within ten (10) days after Landlord gives to Tenant Landlord's an invoice therefor (together with reasonable evidence of the amounts so paid or incurred by Landlord), Tenant agrees that neither Landlord's approval of plans or specifications, nor its inspection of such work, nor its right to inspect such work, shall impose upon Landlord any obligation or liability whatsoever with respect thereto, including, without limitation, any obligation or liability that might arise as a result of such work not being performed in accordance with applicable laws and requirements or with the plans and specifications approved by Landlord or otherwise. Landlord may, as a condition of its approval, require Tenant to make revisions in and to such plans and specifications. Tenant shall not use, employ or retain any contractor or mechanic, or permit the use, employment or retention of any subcontractor, that has not been first approved by Landlord, which approval shall not be unreasonably withheld or delayed. 52.04 For the period commencing on the date Tenant shall have completed the Installation of Equipment pursuant to this Article 52 until the Expiration Date or such earlier date on which the Equipment shall be removed from the Building pursuant to this Article 42, Tenant shall pay Landlord as additional rent hereunder an amount equal to Three Thousand Dollars ($3,000) per annum per diameter foot payable in the same manner as fixed annual rent. 52.05 All of Tenant's obligations and liabilities under Article 9 of this Lease shall apply to the Equipment and the Roof Space as if the Roof Space were a part of the demised premises. In addition, Tenant shall procure, maintain and pay for such liability and property damage insurance as Landlord shall reasonably require in connection with the Installation and the maintenance, repair and operation of the Equipment, in form, substance and with limits of liability reasonably approved, in writing, by Landlord. Tenant shall have Landlord, the holders of all superior mortgages and the lessors under all superior leases named as additional insureds on all such insurance policies. 52.06 Other than the electricity that Landlord is expressly obligated to supply to the demised premises pursuant to Article 4 of this Lease, Landlord shall not be obligated to provide any electricity for the operation of the Equipment. Tenant, at its sole cost and expense, shall bring the electricity required to operate the Equipment from the demised premises to the Roof Space, in accordance with, and subject to, the provisions of Article 4 of this Lease. The electricity used for the operation of the Equipment shall be part of "Usage" (as such term is defined and used in Article 4 of this Lease) and Tenant shall pay for such Usage in accordance, and subject to, the provisions of said Article 4. (a) Tenant covenants and agrees that the installation, maintenance, repair, operation and removal of the Equipment on the roof of the Building or in any other part of the Building shall be at the sole risk and expense of Tenant. Landlord shall repair any and all damage to the roof of the Building and to any part of the Building caused by or resulting from the installation, maintenance, repair, operation or removal of the Equipment; provided Tenant shall pay Landlord reasonable costs and expenses paid or incurred by Landlord as a result thereof, within thirty (30) days after Landlord gives to Tenant Landlord's invoice therefor, together with reasonable evidence of the amounts so paid or incurred by Landlord. (b) In the manner provided in and subject to the provisions of Article 39 Tenant shall indemnify and hold Landlord harmless from and against any and all actions, proceedings, liabilities, obligations, claims, damages, deficiencies, losses, judgments, suits, expenses and costs (including, without limitation, reasonable legal fees and disbursements) in connection with or resulting from the Dish Permitted Uses or the presence or removal of the Equipment or other use thereof. Tenant further covenants and agrees that the Equipment and any related equipment erected or installed by Tenant pursuant to the provisions of this Article shall be erected, installed, repaired, maintained and operated by Tenant at the sole cost and expense of Tenant and without charge, cost or expense to Landlord. (c) Tenant hereby acknowledges that Landlord has made no representations or warranties as to whether the roof of the Building is suitable for the installation, maintenance or operation of the Equipment, or whether the Equipment can be used for its intended purpose. 52.08 The parties agree that Tenant's use of the roof of the Building is non-exclusive and Landlord may use, and/or permit any other person or entity to use, any other portion of the Building for any purpose, including the installation of other satellite dishes, antennae, generators and/or communications systems, provided that such use does not interfere with the use of the Equipment for the Dish Permitted Uses. Tenant shall not permit its use of the roof of the Building, or the installation, operation, maintenance, repair or removal of the Equipment, to impair, unreasonably interfere with or materially adversely affect Landlord's or such other person's or entity's data transmission and reception via their respective antennas or satellite dishes, and support equipment, if any, or the operation or use of any of the Building's systems or services. In no event shall the maximum level of microwave emissions from the Equipment, when combined with all other microwave emissions from the Building, exceed an amount equal to the total microwave emissions allowable for the Building as determined by the governmental authorities having jurisdiction thereof. 52.09 Notwithstanding anything to the contrary contained in this, Landlord shall have no obligation to repair any damage to, or to replace the Equipment or any fixtures, furniture, furnishing, equipment or other property or effects of Tenant related to the Equipment, except to the extent such repair is necessitated by the act or omission of Landlord, its principals, officers, agents, contractors, servants, employees, licensees, agents or invitees. In no event shall Tenant be entitled to receive any portion of insurance proceeds or award for, or have any claim whatsoever against Landlord or the condemning authority in connection with, any such damage, destruction, acquisition or condemnation. 52.10 Tenant shall not directly or indirectly, by operation of law, or otherwise, assign or otherwise transfer its rights under this Article, or underlet, sublet, or sublicense any of such rights, or any portion of the Roof Space, except in connection with an assignment of this lease or subletting of the entire demised premises. Tenant acknowledges and agrees that the rights granted to Tenant pursuant to this Article, are granted exclusively for the enjoyment of the Tenant (and permitted successors in interest and subtenants), and for no other persons or entities and only during such time as such Tenant (and permitted successors in interest) is the tenant under this lease and occupies the entire demised premises, less the Occupied Space if the same is not delivered. 52.11 The Equipment and related equipment installed by Tenant pursuant to the provisions of this Article shall be and remain Tenant's property, and, upon the expiration of the Dish. Term, or such earlier date selected by Tenant, shall be removed by Tenant, at Tenant's sole cost and expense, and Tenant shall repair any damage to the roof of the Building, or any other portion or portions of the Building caused by or resulting from said removal. 52.12 Landlord, upon thirty (30) days' prior written notice to Tenant, may reasonably relocate the Equipment and related equipment to other areas of the Building and roof thereof, which relocation shall be at Landlord's cost and expense, which cost and expense shall include the removal of the Equipment and related equipment, conduits and cables, the purchasing of materials and equipment necessary for the relocation thereof and the reinstallation of the Equipment and such related equipment, conduits and cables at such other location on the roof as shall be designated by Landlord, which other location shall be no less favorable for the reception and transmission of signals to and from the Equipment as the previous location. Landlord shall perform the relocation so as to minimize interference with the reception of and/or transmission of signals to and from the Equipment. Landlord's right of relocation shall be in addition to any and all of Landlord's other rights and remedies available at law or in equity if the necessity therefor results from any failure of Tenant to observe, perform or comply with any of the terms, covenants or conditions contained in this Article. If the necessity of such relocation results from such failure, then the cost and expense of such relocation shall be paid by Tenant to Landlord within ten (10) days after Landlord's demand therefor. If this Lease terminates prior to the Expiration Date, then Tenant, upon thirty (30) days prior written notice from Landlord, must remove the Equipment at its sole cost and expense. 52.13 Landlord shall have the right to assign or transfer its rights and obligations under this Article, separate and apart from its interest, obligations and liabilities in, under and to this lease, to an entity responsible for the management of the roof of the Building, or any other third party, at any time. * * * * * 90
Appears in 1 contract
Satellite Dish Installation. 52.01 For Subject to the period (the "Dish Term") commencing on the Commencement Date and ending on the last day of the term following provisions of this LeaseSection, Tenant shall have Lessor grants Lessee the right, in accordance with, common with Lessor and subject to, the provisions of this Articleother parties, to install, operate and maintain, repairat Lessee's sole expense and risk, use a mast for microwave, radio or other antennas and operate associated equipment (including, without limitation, any connection wiring or conduit (collectively, the "Antenna Equipment") at a location on the roof of the Building, at its sole cost and expense one :
(1a) satellite dish up to eighteen (18) inches in diameter (which dish shall be used for receiving and transmitting for the sole use of Tenant) and support equipment (such satellite dish and support equipment being hereinafter collectively referred to as the "Equipment"), which The Antenna Equipment shall be cabled to in a location that Lessor, in its reasonable judgment, deems adequate and appropriate for the demised premises through a riser reasonably designated by Landlord same, taking into consideration Lessor's anticipated and shall not penetrate actual use of the roof and all rights of the Buildingother tenants to use roof space, and such location shall be reasonably acceptable to Lessee;
(b) Lessee shall submit to Lessor for its approval, a full set of engineering plans and specifications for the exclusive use by Tenantproposed Antenna Equipment installation, such approval not to be unreasonably withheld, conditioned or delayed;
(c) Lessee shall make all required conduit or cable connections between Lessee's equipment in the Demised Premises and the Antenna Equipment utilizing Building services, subject to Lessee's payment of any and all costs and expenses for such services;
(d) Lessee shall install the Antenna Equipment in accordance with the terms of the applicable termsSections 6, covenants 14, and provisions 15 of this LeaseLease and such other requirements as Lessor, in the reasonable exercise of its discretion, deems necessary or appropriate;
(e) Any Antenna Equipment installed by Lessee shall be erected so as not to interfere with the operation of any previously erected antenna(e) or other equipment on the Building's roof and Lessor shall not erect or permit the erection of any antenna(e) or other equipment so as to interfere with the operation of any Antenna Equipment previously erected by Lessee;
(f) Lessor agrees that it will not give unauthorized persons access to Lessee's Antenna Demised Premises or Antenna Equipment;
(g) Lessee shall obtain all necessary municipal, state and federal permits and authorizations required to install, maintain and operate the Antenna Equipment and pay any charges levied by government agencies which are the sole result of Lessee having the Antenna Equipment. Lessor agrees to fully cooperate with Lessee in obtaining all such permits and authorizations, at no cost, expense or liability to Lessor;
(h) Lessee agrees to maintain the Antenna Equipment in a good state of repair and to indemnify, defend, and subject to Landlord's prior written approval (which approval shall not be unreasonably withheld save Lessor harmless from any claims, liability or delayed) including, without limitation, approval as to location, which approval shall also be required for modifications to expenses resulting from the same. In connection with such installationerection, maintenance, repair, use and operation (collectively, the "Dish Permitted Uses"), Tenant shall comply with all laws, ordinances, orders, rules, regulations and requirements of all governmental and quasi-governmental authorities having jurisdiction of or over the installation, maintenance, repair, use, operation existence or removal of the Antenna Equipment, provided that such loss, costs or damages are not due, in whole or in part, to the use negligence or willful misconduct of Lessor, its agents, employees or contractors;
(i) At the conclusion of the Roof Space (as hereinafter defined) or any other portion of the Building (collectively, "Dish Laws"), regardless of whether such compliance requires, at any time during the Dish Term, Lessee shall remove the making Antenna Equipment and surrender and restore the area where the same was located to Lessor in substantially as good condition as when entered, except for loss or damages resulting from casualty, condemnation, act of alterations to the Building God or ordinary wear and tear;
(which alterations may only be made in accordance with, and subject to, the applicable provisions of this Articlej) or other expenditures, whether foreseen or unforeseen, ordinary or extraordinary. Tenant shall procure, maintain and pay for all permits, certificates, consents, authorizations and licenses required therefor, including all renewals thereof (collectively, "Dish Permits"). All reasonable costs and expenses paid or incurred by or on behalf of Landlord in connection with the Equipment, the Installation (as hereinafter defined) and the Dish Permitted Uses, shall be reimbursed to Landlord, from time to time, within thirty (30) days after Landlord gives to Tenant Landlord's invoice therefor, together with reasonable evidence of the amounts so paid or incurred by Landlord.
52.02 The portion of the roof of the Building on which the Equipment is liability insurance to be located, which portion shall be reasonably designated carried by Landlord so as to permit the Equipment to be usable for its intended purpose, is herein referred to as the "Roof Space." All applicable provisions of this Lease including, without limitation, those provisions relating to Tenant's obligations to maintain, repair and insure the demised premises and to comply with laws therein shall apply to Roof Space as if the same were part of the demised premises. Tenant shall use the Roof Space for the Dish Permitted Uses, as hereinbefore and hereinafter provided, and for no other purpose. Tenant shall not make, or permit to be made, any alteration, installation, improvement, substitution or addition to the Roof Space or any other portion of the Building, except as expressly permitted under this Article.
52.03 Before commencing the installation of the Equipment or any other alterations, improvements, additions or other work or changes related thereto (such installation and other alterations, improvements, additions and other work and changes being hereinafter referred to as the "Installation"), Tenant, at its sole cost and expense, shall prepare and submit to Landlord for Landlord's approval, reasonably detailed plans and specifications therefor, which approval shall not be unreasonably withheld or delayed, and which response shall be given by Landlord within fifteen (15) business days after submission of said Tenant's Plans, and within ten (10) Business Days after the submission of any subsequent revisions thereof. The out-of-pocket cost and expense reasonably incurred and/or paid by Landlord in connection with the review of said plans and specifications (and all revisions thereto), and the inspection of the work in respect thereof, by Landlord and Landlord's architects, engineers and other consultants and professionals shall be reimbursed by Tenant to Landlord within ten (10) days after Landlord gives to Tenant Landlord's an invoice therefor (together with reasonable evidence of the amounts so paid or incurred by Landlord), Tenant agrees that neither Landlord's approval of plans or specifications, nor its inspection of such work, nor its right to inspect such work, shall impose upon Landlord any obligation or liability whatsoever with respect thereto, including, without limitation, any obligation or liability that might arise as a result of such work not being performed in accordance with applicable laws and requirements or with the plans and specifications approved by Landlord or otherwise. Landlord may, as a condition of its approval, require Tenant to make revisions in and to such plans and specifications. Tenant shall not use, employ or retain any contractor or mechanic, or permit the use, employment or retention of any subcontractor, that has not been first approved by Landlord, which approval shall not be unreasonably withheld or delayed.
52.04 For the period commencing on the date Tenant shall have completed the Installation of Equipment pursuant to this Article 52 until the Expiration Date or such earlier date on which the Equipment shall be removed from the Building pursuant to this Article 42, Tenant shall pay Landlord as additional rent hereunder an amount equal to Three Thousand Dollars ($3,000) per annum per diameter foot payable in the same manner as fixed annual rent.
52.05 All of Tenant's obligations and liabilities under Article 9 of this Lease shall apply to the Equipment and the Roof Space as if the Roof Space were a part of the demised premises. In addition, Tenant shall procure, maintain and pay for such liability and property damage insurance as Landlord shall reasonably require in connection with the Installation and the maintenance, repair and operation of the Equipment, in form, substance and with limits of liability reasonably approved, in writing, by Landlord. Tenant shall have Landlord, the holders of all superior mortgages and the lessors under all superior leases named as additional insureds on all such insurance policies.
52.06 Other than the electricity that Landlord is expressly obligated to supply to the demised premises pursuant to Article 4 of this Lease, Landlord shall not be obligated to provide any electricity for the operation of the Equipment. Tenant, at its sole cost and expense, shall bring the electricity required to operate the Equipment from the demised premises to the Roof Space, in accordance with, and subject to, the provisions of Article 4 of this Lease. The electricity used for the operation of the Equipment shall be part of "Usage" (as such term is defined and used in Article 4 of this Lease) and Tenant shall pay for such Usage in accordance, and subject to, the provisions of said Article 4.
(a) Tenant covenants and agrees that the installation, maintenance, repair, operation and removal of the Equipment on the roof of the Building or in any other part of the Building shall be at the sole risk and expense of Tenant. Landlord shall repair any and all damage to the roof of the Building and to any part of the Building caused by or resulting from the installation, maintenance, repair, operation or removal of the Equipment; provided Tenant shall pay Landlord reasonable costs and expenses paid or incurred by Landlord as a result thereof, within thirty (30) days after Landlord gives to Tenant Landlord's invoice therefor, together with reasonable evidence of the amounts so paid or incurred by Landlord.
(b) In the manner provided in and subject to the provisions of Article 39 Tenant shall indemnify and hold Landlord harmless from and against any and all actions, proceedings, liabilities, obligations, claims, damages, deficiencies, losses, judgments, suits, expenses and costs (including, without limitation, reasonable legal fees and disbursements) in connection with or resulting from the Dish Permitted Uses or the presence or removal of the Equipment or other use thereof. Tenant further covenants and agrees that the Equipment and any related equipment erected or installed by Tenant Lessee pursuant to the provisions of this Article Lease shall be erected, installed, repaired, maintained include coverage for the Antennae Equipment and operated by Tenant at the sole cost and expense of Tenant and without charge, cost or expense Lessee's activity relating to Landlord.
(c) Tenant hereby acknowledges that Landlord has made no representations or warranties as to whether the roof of the Building is suitable for the installation, maintenance or operation of and use thereof. Lessee shall pay any increase in rates for insurance which Lessor carries resulting from the Equipmentinstallation, or whether the Equipment can be used for its intended purpose.
52.08 The parties agree that Tenant's maintenance and use of the roof Antenna Equipment by Lessee, provided Lessor delivers to Lessee evidence, reasonably satisfactory to Lessee, of such increase and the reasons therefor; and
(k) Notwithstanding any provision in this Lease to the contrary, in the event that Lessor is required or elects to restore the Demised Premises or the Building is non-exclusive and Landlord may useafter the occurrence of any fire or other casualty, and/or permit any other person or entity to use, any other portion of the Building for any purpose, including the installation of other satellite dishes, antennae, generators and/or communications systems, provided that such use does not interfere with the use of the Equipment for the Dish Permitted Uses. Tenant Lessor shall not permit its use of the roof of the Building, be required to restore or the installation, operation, maintenance, repair or removal of the Equipment, to impair, unreasonably interfere with or materially adversely affect Landlord's or such other person's or entity's data transmission and reception via their respective antennas or satellite dishes, and support equipment, if any, or the operation or use of any of the Building's systems or services. In no event shall the maximum level of microwave emissions from the Equipment, when combined with all other microwave emissions from the Building, exceed an amount equal to the total microwave emissions allowable for the Building as determined by the governmental authorities having jurisdiction thereof.
52.09 Notwithstanding anything to the contrary contained in this, Landlord shall have no obligation to repair any damage to, or to replace the Equipment or any fixtures, furniture, furnishing, equipment or other property or effects of Tenant related to the Equipment, except to the extent such repair is necessitated by the act or omission of Landlord, its principals, officers, agents, contractors, servants, employees, licensees, agents or invitees. In no event shall Tenant be entitled to receive any portion of insurance proceeds or award for, or have any claim whatsoever against Landlord or the condemning authority in connection with, any such damage, destruction, acquisition or condemnation.
52.10 Tenant shall not directly or indirectly, by operation of law, or otherwise, assign or otherwise transfer its rights under this Article, or underlet, sublet, or sublicense any of such rights, or any portion of the Roof Space, except in connection with an assignment of this lease Antenna Equipment or subletting of the entire demised premises. Tenant acknowledges and agrees that the rights granted to Tenant pursuant to this Article, are granted exclusively for the enjoyment of the Tenant (and permitted successors in interest and subtenants), and for no other persons conduits or entities and only during such time as such Tenant (and permitted successors in interest) is the tenant under this lease and occupies the entire demised premises, less the Occupied Space if the same is not deliveredwiring thereto.
52.11 The Equipment and related equipment installed by Tenant pursuant to the provisions of this Article shall be and remain Tenant's property, and, upon the expiration of the Dish. Term, or such earlier date selected by Tenant, shall be removed by Tenant, at Tenant's sole cost and expense, and Tenant shall repair any damage to the roof of the Building, or any other portion or portions of the Building caused by or resulting from said removal.
52.12 Landlord, upon thirty (30) days' prior written notice to Tenant, may reasonably relocate the Equipment and related equipment to other areas of the Building and roof thereof, which relocation shall be at Landlord's cost and expense, which cost and expense shall include the removal of the Equipment and related equipment, conduits and cables, the purchasing of materials and equipment necessary for the relocation thereof and the reinstallation of the Equipment and such related equipment, conduits and cables at such other location on the roof as shall be designated by Landlord, which other location shall be no less favorable for the reception and transmission of signals to and from the Equipment as the previous location. Landlord shall perform the relocation so as to minimize interference with the reception of and/or transmission of signals to and from the Equipment. Landlord's right of relocation shall be in addition to any and all of Landlord's other rights and remedies available at law or in equity if the necessity therefor results from any failure of Tenant to observe, perform or comply with any of the terms, covenants or conditions contained in this Article. If the necessity of such relocation results from such failure, then the cost and expense of such relocation shall be paid by Tenant to Landlord within ten (10) days after Landlord's demand therefor. If this Lease terminates prior to the Expiration Date, then Tenant, upon thirty (30) days prior written notice from Landlord, must remove the Equipment at its sole cost and expense.
52.13 Landlord shall have the right to assign or transfer its rights and obligations under this Article, separate and apart from its interest, obligations and liabilities in, under and to this lease, to an entity responsible for the management of the roof of the Building, or any other third party, at any time. * * * * * 90
Appears in 1 contract
Satellite Dish Installation. 52.01 41.01 For the period (the "Dish TermDISH TERM") commencing on the Commencement Date and ending on the earlier of (a) the last day of the term of this Leaselease, and (b) the termination or revocation of license provided for in this Article (such license being hereinafter referred to as the "DISH LICENSE"), Tenant shall have the right, in accordance with, and subject to, the provisions of this Article, to install, maintain, repair, use and operate on the roof of the Building, at its sole cost and expense one (1) satellite dish up to eighteen (18) inches in diameter (which dish shall be used for receiving and transmitting for the sole use of Tenant) and support equipment (such satellite dish and support equipment being hereinafter collectively referred to as the "EquipmentEQUIPMENT"), which Equipment shall be cabled to the demised premises Demised Premises through a riser reasonably designated by Landlord and shall not penetrate the roof of the Building, for the exclusive use by Tenant, subject to all of the applicable terms, covenants and provisions of this LeaseArticle, and subject to Landlord's prior written approval (which approval shall not be unreasonably withheld withheld, conditioned or delayed) including, without limitation, approval as to location, which approval shall also be required for modifications to to, and the removal of, the same. In connection with such installation, maintenance, repair, use and operation (collectively, the "Dish Permitted UsesDISH PERMITTED USES"), Tenant shall comply with all laws, ordinances, orders, rules, regulations and requirements of all governmental and quasi-governmental authorities having jurisdiction of or over the installation, maintenance, repair, use, operation or removal of the Equipment, or the use of the Roof Space (as hereinafter defined) or any other portion of the Building (collectively, "Dish LawsDISH LAWS"), regardless of whether such compliance requires, at any time during the Dish Term, the making of alterations to the Building (which alterations may only be made in accordance with, and subject to, the applicable provisions of this Article) or other expenditures, whether foreseen or unforeseen, ordinary or extraordinary. Tenant ; shall, prior to commencing the installation of the Equipment, provide Landlord with a radiation hazard analysis satisfactory to Landlord, and prior to commencing the installation of the Equipment, and from time to time thereafter, but not more frequently than once every three (3) years within ten (10) days after Landlord's request therefor, provide Landlord with the affidavit of a licensed and certified engineer, stating that the Equipment complies with the Dish Laws; and shall procure, maintain and pay for all permits, certificates, consents, authorizations and licenses required therefor, including all renewals thereof (collectively, "Dish PermitsDISH PERMITS"). All reasonable costs and expenses paid or incurred by or on behalf of Landlord in connection with the Equipment, the Installation (as hereinafter defined) and the Dish Permitted Uses, shall be reimbursed to Landlord, from time to time, within thirty fifteen (3015) days after Landlord gives to Tenant Landlord's itemized invoice therefor, together with reasonable evidence of the amounts so paid or incurred by Landlord.
52.02 (a) The portion of the roof of the Building on which the Equipment is are to be located, which portion shall be reasonably designated by Landlord so as to permit and shall be of sufficient size for the Equipment to be usable for its intended purposeEquipment, is herein referred to as the "Roof SpaceROOF SPACE." All applicable provisions of this Lease including, without limitation, those provisions relating to Tenant's obligations to maintain, repair and insure the demised premises and to comply with laws therein shall apply to Roof Space as if the same were part of the demised premises. Tenant shall use the Roof Space for the Dish Permitted Uses, as hereinbefore and hereinafter provided, and for no other purpose. Tenant shall not make, or permit to be made, any alteration, installation, improvement, substitution or addition to the Roof Space or any other portion of the Building, except as expressly permitted under this Articlelease.
52.03 (b) Tenant shall not cause or permit Hazardous Materials to be used, transported, stored, released, handled, produced or installed in, on or from the Roof Space. In the event of a breach of the provisions of this subsection (b), Landlord shall, in addition to all of its rights and remedies under this lease and pursuant to law, require Tenant to remove any or all of such Hazardous Materials from the Roof Space in the manner prescribed for such removal by all requirements of law.
41.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use the Roof Space or any other portion of the Building, or do or permit anything to be done in the Roof Space or in any other portion of the Building, which would (a) have a material adverse effect on, in the reasonable judgment of Landlord, (i) the proper and economical rendition of any service required to be furnished to any tenant or other occupant or user of portions of the Building, (ii) the use or enjoyment of any part of the Building by any other tenant or other occupant or user of portions of the Building, or (iii) the appearance, character or reputation of the Building as a first-class facility, or (b) violate the Certificate of Occupancy for the Building or any Dish Laws (including zoning and building codes) or the Dish Permits.
(a) Before commencing the installation of the Equipment or any other alterations, improvements, additions or other work or changes related thereto (such installation and other alterations, improvements, additions and other work and changes being hereinafter referred to as the "InstallationINSTALLATION"), Tenant, at its sole cost and expense, shall prepare and submit to Landlord for Landlord's approval, reasonably detailed plans and specifications therefor, which approval shall not be unreasonably withheld withheld, conditioned or delayed, and which response shall be given by Landlord within fifteen (15) business days after submission of said Tenant's Plans, and within ten (10) Business Days after the submission of any subsequent revisions thereof. The out-of-pocket cost and expense reasonably incurred and/or paid by Landlord in connection with the review of said plans and specifications (and all revisions thereto), and the inspection of the work in respect thereof, by Landlord and Landlord's architects, engineers and other consultants and professionals shall be reimbursed by Tenant to Landlord within ten fifteen (1015) days after Landlord gives to Tenant Landlord's an itemized invoice therefor (together with reasonable evidence of the amounts so paid or incurred by Landlord), Tenant agrees hereby agreeing that neither Landlord's approval of plans or specifications, nor its inspection of such work, nor its right to inspect such work, shall impose upon Landlord any obligation or liability whatsoever with respect thereto, including, without limitation, any obligation or liability that might arise as a result of such work not being performed in accordance with applicable laws and requirements or with the plans and specifications approved by Landlord or otherwise. Landlord may, as a condition of its approval, require Tenant to make revisions in and to such plans and specifications. Landlord shall respond, in reasonable detail, to Tenant's request to approve said plans and specifications within ten (10) business days after Landlord receives a complete set of said plans and specifications, and Landlord shall respond, in reasonable detail, to Tenant's request to approve revisions to said plans and specifications within seven (7) business days after Landlord receives such revisions. Landlord's approval to any of said plans and specifications or revisions thereto shall not be effective unless same is in writing. If within seven (7) business days after Landlord receives a complete set of said plans and specifications (or if within seven (7) business days after Landlord receives any requested revisions thereto), Landlord fails to respond to Tenant's request for Landlord's approval thereof (whether by granting or denying such approval or by requesting revisions or further revisions), Tenant shall give to Landlord a second (2nd) notice notifying Landlord that if within three (3) business days after Landlord's receipt of such second (2nd) notice Landlord fails to respond to Tenant's request for such approval, such failure shall be deemed the granting of such approval. Thereafter, if Landlord fails to respond to Tenant's request for such approval within such three (3) business day period (whether by granting or denying such approval or by requesting revisions or further revisions to said plans and specifications), such approval shall be deemed given, but only to the plans and specifications (or revisions) so submitted. Tenant shall not use, employ or retain any contractor or mechanic, or permit the use, employment or retention of any subcontractor, that has not been first approved by Landlord, which approval shall not be unreasonably withheld withheld, conditioned or delayed.
52.04 For (b) Before commencing the period Installation, Tenant shall, at its expense, obtain all permits, notices, approvals and certificates required by all governmental and quasi-governmental authorities for the commencement and prosecution thereof, and, upon completion, for the final approval thereof, and shall cause the Installation to be performed in compliance therewith, as well as with all applicable laws and requirements of public authorities and all applicable requirements of insurance bodies, in a good and workmanlike manner, using new materials and equipment. Duplicates of all such permits, notices, approvals and certificates shall be delivered to Landlord before commencing on the date Installation, and upon the completion thereof, as the case may be. The Installation shall be performed in such a manner as not to unreasonably interfere with or delay, and (unless Tenant shall have completed indemnify Landlord therefor to the Landlord's reasonable satisfaction) as not to impose any additional expense upon Landlord in, the maintenance or operation of the Building. Throughout the performance of the Installation and the performance of Equipment pursuant any repair or maintenance work to this Article 52 until the Expiration Date or such earlier date on which the Equipment shall be removed from the Building pursuant to this Article 42Equipment, Tenant shall pay Landlord as additional rent hereunder an amount equal shall, at its expense, carry, or cause to Three Thousand Dollars ($3,000) per annum per diameter foot payable be carried, worker's compensation insurance in the same manner as fixed annual rent.
52.05 All of Tenant's obligations statutory limits and liabilities under Article 9 of this Lease shall apply to the Equipment general liability insurance and the Roof Space as if the Roof Space were a part of the demised premises. In addition, Tenant shall procure, maintain and pay for such liability personal and property damage insurance for any occurrence in or about the Building as set forth in Article 11 of this lease. All such insurance policies shall name Landlord, each Present Additional Insured and all other additional insureds requested by Landlord, and their respective agents as additional insureds, be in such limits as Landlord may reasonably prescribe and be placed with insurers reasonably satisfactory to Landlord. Tenant shall reasonably require furnish Landlord with satisfactory evidence that such insurance is in effect before the commencement of the Installation and, on request, at reasonable intervals thereafter during the performance of the Installation.
(c) Tenant shall, at its expense and with diligence and dispatch, procure the cancellation or discharge of all notices of violation arising from, or otherwise directly connected with, the Installation that shall be issued by the Department of Buildings or any other public or quasi-public authority having or asserting jurisdiction. Tenant shall defend, indemnify and save Landlord harmless from and against all mechanic's and other liens filed in connection with the Installation or for any other work claimed to have been done for, or materials furnished to, Tenant, pursuant to this Article, including, without limitation, the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures or articles so installed in and constituting part of the Building, and against all costs, expenses and liabilities incurred or paid in connection with any such lien, security interest, conditional sale, or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall satisfy or discharge all such liens (by bonding or otherwise), and remove same from the record, within thirty (30) days after Landlord makes written demand therefor
(d) The Installation, as well as the maintenance, repair and operation of the Equipment, shall be done in forma manner so as not to: (i) create any work stoppage, substance and picketing, labor disruption, or dispute; (ii) violate Landlord's union contracts affecting the Building or the land on which it is located; or (iii) unreasonably or materially interfere with limits the business of liability reasonably approvedLandlord or any tenant or occupant of the Building. In the event of the occurrence of any condition described above, Tenant shall, promptly upon notice from Landlord, cease whatever it is doing that is giving rise to such condition. In the event that Tenant fails to cease whatever it is doing that is giving rise to such condition as aforesaid, Landlord, in writingaddition to any rights available to it under this Article, by Landlordat law or equity, shall have the right to injunction without notice. Tenant shall have Landlordmake all arrangements for, the holders of and pay all superior mortgages and the lessors under all superior leases named as additional insureds on all such insurance policies.
52.06 Other than the electricity that Landlord is expressly obligated to supply to the demised premises pursuant to Article 4 of this Leaseexpenses incurred in connection with, Landlord shall not be obligated to provide any electricity for the operation use of the Equipment. Tenant, at its sole cost and expense, shall bring the electricity required to operate the Equipment from the demised premises to the Roof Space, in accordance with, and subject to, the provisions of Article 4 of this Lease. The electricity used for the operation freight elevators of the Equipment shall be part of "Usage" (as such term is defined and used in Article 4 of this Lease) and Tenant shall pay for such Usage in accordanceBuilding, and subject to, the provisions of said Article 4.
(a) Tenant covenants and agrees that the installation, maintenance, repair, operation and removal of the Equipment on the roof of the Building or in any other part of the Building shall be at the sole risk and expense of Tenant. Landlord shall repair any and all damage to the roof of the Building and to any part of the Building caused by or resulting from the installation, maintenance, repair, operation or removal of the Equipment; provided Tenant shall pay Landlord reasonable costs and expenses paid or incurred by Landlord as a result thereof, within thirty (30) days after Landlord gives to Tenant Landlord's invoice therefor, together with reasonable evidence of the amounts so paid or incurred by Landlord.
(b) In the manner provided in and subject to the provisions of Article 39 Tenant shall indemnify and hold Landlord harmless from and against any and all actions, proceedings, liabilities, obligations, claims, damages, deficiencies, losses, judgments, suits, expenses and costs (including, without limitation, reasonable legal fees and disbursements) in connection with or resulting from the Dish Permitted Uses or the presence or removal of the Equipment or other use thereof. Tenant further covenants and agrees that the Equipment and any related equipment erected or installed by Tenant pursuant to the provisions of this Article shall be erected, installed, repaired, maintained and operated by Tenant at the sole cost and expense of Tenant and without charge, cost or expense to Landlord.
(c) Tenant hereby acknowledges that Landlord has made no representations or warranties as to whether the roof of the Building is suitable for the installation, maintenance or operation of the Equipment, or whether the Equipment can be used for its intended purpose.
52.08 The parties agree that Tenant's use of the roof of the Building is non-exclusive and Landlord may use, and/or permit any other person or entity to use, any other portion of the Building for any purposeSection 13.08 above, including the installation of other satellite disheslast sentence thereof, antennaebut, generators and/or communications systemswith respect to such last sentence, provided that such use does not interfere with the use of the Equipment for the Dish Permitted Uses. Tenant shall not permit its use of the roof of the Building, or the installation, operation, maintenance, repair or removal of the Equipment, to impair, unreasonably interfere with or materially adversely affect Landlord's or such other person's or entity's data transmission and reception via their respective antennas or satellite dishes, and support equipment, if any, or the operation or use of any of the Building's systems or services. In no event shall the maximum level of microwave emissions from the Equipment, when combined with all other microwave emissions from the Building, exceed an amount equal to the total microwave emissions allowable for the Building as determined by the governmental authorities having jurisdiction thereof.
52.09 Notwithstanding anything to the contrary contained in this, Landlord shall have no obligation to repair any damage to, or to replace the Equipment or any fixtures, furniture, furnishing, equipment or other property or effects of Tenant related to the Equipment, except only to the extent such repair is necessitated by the act or omission of Landlord, its principals, officers, agents, contractors, servants, employees, licensees, agents or invitees. In no event shall Tenant be entitled to receive any portion of insurance proceeds or award for, or have any claim whatsoever against Landlord or the condemning authority in connection with, any such damage, destruction, acquisition or condemnation.
52.10 Tenant shall not directly or indirectly, by operation of law, or otherwise, assign or otherwise transfer its rights under this Article, or underlet, sublet, or sublicense any of such rights, or any portion of the Roof Space, except in connection with an assignment of this lease or subletting of the entire demised premises. Tenant acknowledges and agrees that the rights granted to Tenant pursuant to this Article, are granted exclusively for the enjoyment of the Tenant (and permitted successors in interest and subtenants), and for no other persons or entities and only Installation is performed during such time as such Tenant (and permitted successors in interest) is the tenant under this lease and occupies the entire demised premises, less the Occupied Space if the same is not delivered.
52.11 The Equipment and related equipment installed by Tenant pursuant to the provisions of this Article shall be and remain Tenant's property, and, upon the expiration of the Dish. Term, or such earlier date selected by Tenant, shall be removed by Tenant, at Tenant's sole cost and expense, and Tenant shall repair any damage to the roof of the Building, or any other portion or portions of the Building caused by or resulting from said removalWork.
52.12 Landlord, upon thirty (30) days' prior written notice to Tenant, may reasonably relocate the Equipment and related equipment to other areas of the Building and roof thereof, which relocation shall be at Landlord's cost and expense, which cost and expense shall include the removal of the Equipment and related equipment, conduits and cables, the purchasing of materials and equipment necessary for the relocation thereof and the reinstallation of the Equipment and such related equipment, conduits and cables at such other location on the roof as shall be designated by Landlord, which other location shall be no less favorable for the reception and transmission of signals to and from the Equipment as the previous location. Landlord shall perform the relocation so as to minimize interference with the reception of and/or transmission of signals to and from the Equipment. Landlord's right of relocation shall be in addition to any and all of Landlord's other rights and remedies available at law or in equity if the necessity therefor results from any failure of Tenant to observe, perform or comply with any of the terms, covenants or conditions contained in this Article. If the necessity of such relocation results from such failure, then the cost and expense of such relocation shall be paid by Tenant to Landlord within ten (10) days after Landlord's demand therefor. If this Lease terminates prior to the Expiration Date, then Tenant, upon thirty (30) days prior written notice from Landlord, must remove the Equipment at its sole cost and expense.
52.13 Landlord shall have the right to assign or transfer its rights and obligations under this Article, separate and apart from its interest, obligations and liabilities in, under and to this lease, to an entity responsible for the management of the roof of the Building, or any other third party, at any time. * * * * * 90
Appears in 1 contract
Samples: Lease Agreement (About Com Inc)
Satellite Dish Installation. 52.01 42.01 For the period (the "Dish Term") commencing on the Commencement Date and ending on the last day of the term of this Leaselease, Tenant shall have the right, in accordance with, and subject to, the provisions of this Article, to install, maintain, repair, use and operate on the roof of the Building, at its sole cost and expense one (1) satellite dish up to eighteen (18) inches in diameter (which dish shall be used for receiving and transmitting for the sole use of Tenant) and support equipment (such satellite dish and support equipment being hereinafter collectively referred to as the "Equipment"), which Equipment shall be cabled to the demised premises Demised Premises through a riser reasonably designated by Landlord and shall not penetrate the roof of the Building, for the exclusive use by Tenant, subject to all of the applicable terms, covenants and provisions of this Leaselease, and subject to Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed) including, without limitation, approval as to location, which approval shall also be required for modifications to the same. In connection with such installation, maintenance, repair, use and operation (collectively, the "Dish Permitted Uses"), Tenant shall comply with all laws, ordinances, orders, rules, regulations and requirements of all governmental and quasi-governmental authorities having jurisdiction of or over the installation, maintenance, repair, use, operation or removal of the Equipment, or the use of the Roof Space (as hereinafter defined) or any other portion of the Building (collectively, "Dish Laws"), regardless of whether such compliance requires, at any time during the Dish Term, the making of alterations to the Building (which alterations may only be made in accordance with, and subject to, the applicable provisions of this Article) or other expenditures, whether foreseen or unforeseen, ordinary or extraordinary. Tenant shall procure, maintain and pay for all permits, certificates, consents, authorizations and licenses required therefor, including all renewals thereof (collectively, "Dish Permits"). All reasonable costs and expenses paid or incurred by or on behalf of Landlord in connection with the Equipment, the Installation (as hereinafter defined) and the Dish Permitted Uses, shall be reimbursed to Landlord, from time to time, within thirty (30) days after Landlord gives to Tenant Landlord's itemized invoice therefor, together with reasonable evidence of the amounts so paid or incurred by Landlord.
52.02 42.02 The portion of the roof of the Building on which the Equipment is to be located, which portion shall be reasonably designated by Landlord so as to permit the Equipment to be usable for its intended purpose, is herein referred to as the "Roof Space." All applicable provisions of this Lease the lease including, without limitation, those provisions relating to Tenant's obligations to maintain, repair and insure the demised premises Demised Premises and to comply with laws therein shall apply to Roof Space as if the same were part of the demised premisesDemised Premises. Tenant shall use the Roof Space for the Dish Permitted Uses, as hereinbefore and hereinafter provided, and for no other purpose. Tenant shall not make, or permit to be made, any alteration, installation, improvement, substitution or addition to the Roof Space or any other portion of the Building, except as expressly permitted under this Article.
52.03 42.03 Before commencing the installation of the Equipment or any other alterations, improvements, additions or other work or changes related thereto (such installation and other alterations, improvements, additions and other work and changes being hereinafter referred to as the "Installation"), Tenant, at its sole cost and expense, shall prepare and submit to Landlord for Landlord's approval, reasonably detailed plans and specifications therefor, which approval shall not be unreasonably withheld or delayed, and which response approval shall be deemed to have been given if not denied by Landlord in writing within fifteen twelve (1512) business days after submission of said Tenant's Plans, and within ten (10) Business Days after the submission of any subsequent revisions thereof. The out-of-pocket cost and expense reasonably incurred and/or paid by Landlord in connection with the review of said plans and specifications (and all revisions thereto), and the inspection of the work in respect thereof, by Landlord and Landlord's architects, engineers and other consultants and professionals shall be reimbursed by Tenant to Landlord within ten (10) days after Landlord gives to Tenant Landlord's an itemized invoice therefor (together with reasonable evidence of the amounts so paid or incurred by Landlord), Tenant agrees that neither Landlord's approval of plans or specifications, nor its inspection of such work, nor its right to inspect such work, shall impose upon Landlord any obligation or liability whatsoever with respect thereto, including, without limitation, any obligation or liability that might arise as a result of such work not being performed in accordance with applicable laws and requirements or with the plans and specifications approved by Landlord or otherwise. Landlord may, as a condition of its approval, require Tenant to make revisions in and to such plans and specifications. Tenant shall not use, employ or retain any contractor or mechanic, or permit the use, employment or retention of any subcontractor, that has not been first approved by Landlord, which approval shall not be unreasonably withheld or delayed.
52.04 42.04 For the period commencing on the date Tenant shall have completed the Installation of Equipment pursuant to this Article 52 42 until the Expiration Date or such earlier date on which the Equipment shall be removed from the Building pursuant to this Article 42, Tenant shall pay Landlord as additional rent hereunder an amount equal to Three Thirty Six Thousand Dollars ($3,00036,000) per annum per diameter foot payable in the same manner as fixed annual rent.
52.05 42.05 All of Tenant's obligations and liabilities under Article 9 11 of this Lease lease shall apply to the Equipment and the Roof Space as if the Roof Space were a part of the demised premisesDemised Premises. In addition, Tenant shall procure, maintain and pay for such liability and property damage insurance as Landlord shall reasonably require in connection with the Installation and the maintenance, repair and operation of the Equipment, in form, substance and with limits of liability reasonably approved, in writing, by Landlord. Tenant shall have Landlord, the holders of all superior mortgages and the lessors under all superior leases named as additional insureds on all such insurance policies.
52.06 42.06 Other than the electricity that Landlord is expressly obligated to supply to the demised premises Demised Premises pursuant to Article 4 16 of this Leaselease, Landlord shall not be obligated to provide any electricity for the operation of the Equipment. Tenant, at its sole cost and expense, shall bring the electricity required to operate the Equipment from the demised premises Demised Premises to the Roof Space, in accordance with, and subject to, the provisions of Article 4 16 of this Leaselease. The electricity used for the operation of the Equipment shall be part past of "Usage" (as such term is defined and used in Article 4 16 of this Leaselease) and Tenant shall pay for such Usage in accordance, and subject to, the provisions of said Article 416.
(a) Tenant covenants and agrees that the installation, maintenance, repair, operation and removal of the Equipment on the roof of the Building or in any other part of the Building shall be at the sole risk and expense of Tenant. Landlord Landlord, at Landlord's sole cost and expense, shall repair any and all damage to the roof of the Building and to any part of the Building caused by or resulting from the installation, maintenance, repair, operation or removal of the Equipment; provided . Tenant shall pay Landlord reasonable costs and expenses paid or incurred by Landlord as a result thereof, within thirty (30) days after Landlord gives to Tenant Landlord's itemized invoice therefor, together with reasonable evidence of the amounts so paid or incurred by Landlord.
(b) In the manner provided in and subject to the provisions of Article 39 21, Tenant shall indemnify and hold Landlord harmless from and against any and all actions, proceedings, liabilities, obligations, claims, damages, deficiencies, losses, judgments, suits, expenses and costs (including, without limitation, reasonable legal fees and disbursements) in connection with or resulting from the Dish Permitted Uses or the presence or removal of the Equipment or other use thereof. Tenant further covenants and agrees that the Equipment and any related equipment erected or installed by Tenant pursuant to the provisions of this Article shall be erected, installed, repaired, maintained and operated by Tenant at the sole cost and expense of Tenant and without charge, cost or expense to Landlord.
(c) Tenant hereby acknowledges that Landlord has made no representations or warranties as to whether the roof of the Building is suitable for the installation, maintenance or operation of the Equipment, or whether the Equipment can be used for its intended purpose.
52.08 42.08 The parties agree that Tenant's use of the roof of the Building is non-exclusive and Landlord may use, and/or permit any other person or entity to use, any other portion of the Building for any purpose, including the installation of other satellite dishes, antennae, generators and/or communications systems, provided that such use does not interfere with the use of the Equipment for the Dish Permitted Uses. Tenant shall not permit its use of the roof of the Building, or the installation, operation, maintenance, repair or removal of the Equipment, to impair, unreasonably interfere with or materially adversely affect Landlord's or such other person's or entity's data transmission and reception via their respective antennas or satellite dishes, and support equipment, if any, or the operation or use of any of the Building's systems or services. In no event shall the maximum level of microwave emissions from the Equipment, when combined with all other microwave emissions from the Building, exceed an amount equal to the total microwave emissions allowable for the Building as determined by the governmental authorities having jurisdiction thereof.
52.09 42.09 Notwithstanding anything to the contrary contained in this, Landlord shall have no obligation to repair any damage to, or to replace the Equipment or any fixtures, furniture, furnishing, equipment or other property or effects of Tenant related to the Equipment, except to the extent such repair is necessitated by the act or omission of Landlord, its principals, officers, agents, contractors, servants, employees, licensees, agents or invitees. In no event shall Tenant be entitled to receive any 100 portion of insurance proceeds or award for, or have any claim whatsoever against Landlord or the condemning authority in connection with, any such damage, destruction, acquisition or condemnation.
52.10 42.10 Tenant shall not directly or indirectly, by operation of law, or otherwise, . assign or otherwise transfer its rights under this Article, or underlet, sublet, or sublicense any of such rights, or any portion of the Roof Space, except in connection with an assignment of this lease or subletting of the entire demised premisesDemised Premises. Tenant acknowledges and agrees that the rights granted to Tenant pursuant to this Article, are granted exclusively for the enjoyment of the Tenant (and permitted successors in interest and subtenants), and for no other persons or entities and only during such time as such Tenant (and permitted successors in interest) is the tenant under this lease and occupies not less than two (2) full floors of the entire demised premises, less the Occupied Space if the same is not deliveredDemised Premises.
52.11 42.11 The Equipment and related equipment installed by Tenant pursuant to the provisions of this Article shall be and remain Tenant's property, and, upon the expiration of the Dish. Dish Term, or such earlier date selected by Tenant, shall be removed by Tenant, at Tenant's sole cost and expense, and Tenant shall repair any damage to the roof of the Building, or any other portion or portions of the Building caused by or resulting from said removal.
52.12 42.12 Landlord, upon thirty (30) days' prior written notice to Tenant, may reasonably relocate the Equipment and related equipment to other areas of the Building and roof thereof, which relocation shall be at Landlord's cost and expense, which cost and expense shall include the removal of the Equipment and related equipment, conduits and cables, the purchasing of materials and equipment necessary for the relocation thereof and the reinstallation of the Equipment and such related equipment, conduits and cables at such other location on the roof as shall be designated by Landlord, which other location shall be no less favorable for the reception and transmission of signals to and from the Equipment as the previous location. Landlord shall perform the relocation so as to minimize interference with the reception of and/or transmission of signals to and from the EquipmentEquipment (except as hereinafter provided). Landlord's right of relocation shall be in addition to any and all of Landlord's other rights and remedies available at law or in equity if the necessity therefor results from any failure of Tenant to observe, perform or comply with any of the terms, covenants or conditions contained in this Article. If the necessity of such relocation results from such failure, then the cost and expense of such relocation shall be paid by Tenant to Landlord within ten (10) days after Landlord's demand therefor. If this Lease lease terminates prior to the Expiration Date, then Tenant, upon thirty (30) days prior written notice from Landlord, must remove the Equipment at its sole cost and expense.
52.13 42.13 Landlord shall have the right to assign or transfer its rights and obligations under this Article, separate and apart from its interest, obligations and liabilities in, under and to this lease, to an entity responsible for the management of the roof of the Building, or any other third party, at any time. * * * * * 90101
Appears in 1 contract
Samples: Lease Agreement (Ivillage Inc)
