SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. Additionally, Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31.
Appears in 3 contracts
Samples: Lease (Interval Leisure Group, Inc.), Lease (Interval Leisure Group, Inc.), Lease (Interval Leisure Group, Inc.)
SATELLITE DISH. Subject to compliance with all applicable Legal RequirementsA. During the initial Lease Term, Tenant shall have the exclusive right right, by providing written notice to placeLandlord (the "Antenna Notice"), from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) lease space on the roof of each the Building or other appropriate space on or about the Building, as reasonably determined by Landlord, for the purpose of installing (in accordance with Section X.B of the BuildingsLease), operating and maintaining an antenna, satellite dish or other communication device approved by Landlord (the "Dish/Antenna"). AdditionallyIf Tenant does not provide Landlord with the Antenna Notice and install the permitted Dish/Antenna equipment in the Roof Space on or before July 1, 2000 (the "Required Antenna Notice Date"), then Tenant's rights under this Section V shall be subject to the availability of appropriate space on the roof of the Building or on or about the Building, as reasonably determined by Landlord. If Tenant does not provide Landlord with the Antenna Notice and install the permitted Dish/Antenna equipment in the Roof Space on or before July 1, 2001, then Tenant's rights under this Section V shall be null and void, unless otherwise agreed by Landlord in writing. In consideration for Tenant's right to install, operate and maintain the Dish/Antenna as described herein, Tenant shall have pay Landlord monthly payments of $300.00 per month, subject to 5% escalations each annual anniversary of the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises Required Antenna Notice Date (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”"Dish/Antenna Payments"). However, prior to The Dish/Antenna Payments shall constitute Additional Base Rental under the installation terms of any Satellite Dish Facilities, Tenant, at its expense, the Lease and Tenant shall be required to provide Landlord make these payments in strict compliance with a certification by a registered professional structural engineer that the structural system terms of Section IV of the roof is adequate to support Lease. The exact location and size of the superimposed loads produced by any Satellite Dishes at the location space on the roof of such Satellite Dishes and Tenant, at its expense, shall or on or about the Building to be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned utilized by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for designated by Landlord (the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof"Roof Space"). The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require relocate the Roof Space as reasonably necessary during the Lease Term. Landlord's designation shall take into account Tenant's use of the Dish/Antenna. Notwithstanding the foregoing, Tenant's right to install the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the "Plans and Specifications") shall be submitted to Landlord for Landlord's written approval no later than twenty (20) days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord determines that the Dish/Antenna equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant promptly shall cure the defects. If the Tenant fails to promptly cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its sole discretion, deems it necessary, Tenant shall provide and install, at Tenant’s 's sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of Dish/Antenna (the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease"Aesthetic Screening"). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31.
Appears in 2 contracts
Samples: Office Lease Agreement (Viewlocity Inc), Office Lease Agreement (Viewlocity Inc)
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right (but only to placethe extent permitted by the City of Menlo Park and all agencies and governmental authorities having jurisdiction thereof), from time at Tenant’s sole cost and expense, to time, install and operate a satellite dishes, antennae and other communication or transmission devices microwave dish or dishes (such devices being referred to as the “Satellite Dishes”) along with any necessary cables (“Cables”) on a portion of the roof of each the Building to be designated by Landlord (“Roof Space”) for the Term of the Buildings. Additionally, Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises Lease (the Satellite Dishes and any such connecting material being Cables are hereinafter collectively referred to as the “Satellite Dish FacilitiesEquipment”). HoweverThe location and size of the Equipment shall be subject to Landlord’s approval, prior not to unreasonably withheld and which best promotes the safety, aesthetics and efficiency of the Equipment; provided, all of the Equipment and any modifications thereto or placement thereof shall be (i) at Tenant’s sole cost and expense, (ii) contained visually within the roof screen, (iii) installed and operated to Landlord’s reasonable specifications, and (iv) installed, maintained, operated and removed in accordance with all Recorded Matters and Laws. Landlord shall cooperate reasonably with Tenant to modify the roof screen placement (subject to all Laws and Recorded Matters) if required for signal quality, reconfiguration due to the installation of any Satellite Dish FacilitiesHVAC systems and other reasonable considerations; provided, the cost of all such modifications shall be the responsibility of Tenant. All modifications to the Building, at its expenseincluding the Roof Space, if any, shall be required reasonably approved by Landlord prior to provide Landlord commencement of any work with a certification respect to the Equipment. No additional rent shall be paid by a registered professional structural engineer that the structural system Tenant for use of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes Roof Space and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials operation of the roof (such as Equipment. The Equipment shall remain the roof membrane) property of Tenant and Tenant shall be protected from remove the Satellite Dishes. At Equipment upon the expiration or earlier termination of the Lease. Tenant shall restore the Roof Space and any other portion of the Building affected by the Equipment to its original condition, excepting ordinary wear and tear and/or damage or destruction due to fire or other casualty not caused directly or indirectly by Tenant, at its expenseagents, employees, contractors or the Equipment or any part thereof. Tenant may remove not assign, lease, rent, sublet or otherwise transfer any of its interest in the Satellite Dish Facilities belonging Roof Space or the Equipment except together with the remainder of all of the Premises as more particularly set forth in the Lease. Each of the other provisions of the Lease shall be applicable to the Equipment and the use of the Roof Space by Tenant. The Equipment shall comply with all-non-interference rules of the Federal Communications Commission. If applicable, but Tenant shall provide to Landlord a copy of (i) the Federal Communications Commission (or other agency) grant which has awarded frequencies to Tenant and (ii) a list of Tenant’s frequencies. Anything to the contrary contained herein notwithstanding, if, during the Term, as such Term may be extended, Landlord, in its reasonable judgment, believes that the Equipment poses a human health or environmental hazard that cannot be remediated or has not been remediated within ten (10) days after Tenant has been notified thereof, then Tenant shall immediately cease all operations of the Equipment and Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part all of the Buildings from Equipment within thirty (30) days thereafter. To the best of Tenant’s knowledge, Tenant represents to Landlord that the Equipment shall not emit or project any damage occasioned by the installationelectro-magnetic fields which pose a human health or environmental hazard. In addition, maintenance or removal of the Satellite Dish Facilities Tenant shall be borne by Tenant, responsible for insuring the Equipment and Landlord shall have no responsibility therefor. Tenant shall indemnify indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage all Claims Landlord may suffer or incur arising out of or related to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair maintenance, replacement and/or removal of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of Equipment or any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31portion thereof.
Appears in 2 contracts
Samples: Lease Agreement (Nuance Communications), Lease Agreement (Nuance Communications)
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. Additionally, Tenant shall have the right to install such wire, conduits, cables maintain and other materials as necessary to connect operate within an area designated by Landlord on the Satellite Dishes to Tenant’s allied machinery and equipment in roof of the Premises Building (the Satellite Dishes and any such connecting material being collectively referred to as “Licensed Area”), during the Term of this Lease, one (1) satellite dish (the “Satellite Dish FacilitiesDish”). However) up to twenty-four (24) inches in diameter (of which the height, prior appearance and installation procedures must be approved in writing by Landlord) in accordance with and subject to the installation of any Satellite Dish Facilitiesfollowing terms. The height, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system appearance and visibility of the roof is adequate Dish from the street are subject to support Landlord’s approval. Landlord may impose a reasonable architectural review fee in connection with its approval of the superimposed loads produced Dish, and Tenant shall pay same promptly following demand. Tenant shall utilize a contractor acceptable to Landlord to install the Dish, which contractor shall comply with Landlord’s construction rules for the Building, including without limitation Landlord’s standard insurance requirements. Landlord reserves the right upon reasonable notice to Tenant to require either (a) the relocation of all equipment installed by any Satellite Dishes at the Tenant to another location on the roof of the Building, or (b) the removal of any or all of such Satellite Dishes equipment should Landlord determine that its presence may result in damage to the Building and that Tenant has not made satisfactory arrangements to protect Landlord therefrom. During the initial sixty (60) month Lease Term, Tenant shall pay to Landlord a license fee in the amount of One Hundred Fifty Dollars ($150.00) per month; thereafter, unless otherwise agreed in writing by the parties, Tenant shall pay a license fee in an amount as reasonably determined by Landlord from time to time. The License Fee shall be payable in advance as additional rent hereunder on the first day of each and every calendar month during the Lease Term, commencing upon the date of Tenant’s installation of the Dish. Tenant shall use the Licensed Area only for the operation and maintenance of the Dish and the necessary mechanical and electrical equipment to service the Dish. The right to utilize the Dish and Licensed Area shall be limited solely to Tenant, and in no event may Tenant assign or sublicense such right (except in connection with an assignment of this Lease to a Tenant Affiliate as described in Section 9.1(f) hereof). Tenant shall not use or permit any other person to use the Licensed Area for any improper use or for any operation which would constitute a nuisance, and Tenant shall at all times conform to and cause all persons using any part of the Licensed Area to comply with all public laws, ordinances and regulations from time to time applicable thereto and to all operations thereon. Tenant shall require its employees, when using the Licensed Area, to stay within the immediate confines thereof. In the event a cable television system is operating in the area, Tenant shall at all times conduct its operations so as to ensure that the cable television system shall not be subject to harmful interference as a result of such operations by Tenant. Upon notification from Landlord of any such interference, Tenant agrees to immediately take the necessary steps to correct such situation, and Tenant, at its expense, ’s failure to do so shall be required to provide deemed a default under the terms of this Lease. During the Lease Term, Tenant shall comply with any standards promulgated by applicable governmental authorities or otherwise reasonably established by Landlord with satisfactory assurance regarding the generation of electromagnetic fields. Should Landlord determine in good faith at any time that the existing construction materials Dish poses a health or safety hazard to occupants of the roof (such as Building, Landlord may require Tenant to remove the roof membrane) Dish or make other arrangements satisfactory to Landlord. Any claim or liability resulting from the use of the Dish shall be protected from subject to Tenant’s indemnification obligation as set forth in Section 10.3 of the Satellite DishesLease. At Upon the expiration or earlier termination of the this Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite the Dish Facilities belonging to an unaffiliated third party. Any work required to and all other equipment installed by it and shall restore the roof of any other part of Licensed Area to its original condition. Tenant understands and agrees that should it fail to install the Buildings from any damage occasioned by Dish within six (6) months following the installationCommencement Date, maintenance or removal of the Satellite Dish Facilities then Tenant’s right to install same thereafter shall be borne by Tenant, null and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31void.
Appears in 2 contracts
Samples: Office Space Lease (United Business Holdings, Inc), Office Space Lease (United Business Holdings, Inc)
SATELLITE DISH. Subject to compliance Provided that Tenant complies with all applicable Legal Requirementsthe terms of this Section 32, Tenant shall have the exclusive right to placemay, from time to timeat its risk and expense, install satellite dishes, dishes and antennae and other communication or transmission devices related wiring (such devices being referred to as collectively, the “"Satellite Dishes”Dish") on the roof of each of the Buildings. Additionally, Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior Building at a location approved by Landlord pursuant to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be standards reasonably required to provide Landlord with a certification by a registered professional structural engineer Landlord. Tenant hereby acknowledges that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to will be exclusively used by Tenant in conjunction with Tenant's permitted use, but Tenant and shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore not be used for the roof purpose of any other part generating revenue directly from such operation of the Buildings from Satellite Dish. Tenant further acknowledges that any damage occasioned by the installation, maintenance or removal operation of the Satellite Dish Facilities for the purpose of generating revenue shall require Landlord's prior written consent, which consent will be borne evidenced by a separate written document (the "Landlord's Antenna Site Agreement") between Landlord and Tenant. Before installing the Satellite Dish, and Tenant shall indemnify and hold harmless submit to Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities its approval (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will shall not be unreasonably withheld or delayed. However) plans and specifications which (a) specify in reasonable detail the design, Landlord reserves the right to require Tenantlocation, at Tenant’s expensesize, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair frequency of the Satellite Dish Facilities. Tenant may sublease and (b) are sufficiently detailed to unaffiliated third parties rooftop rights allow for the installation of the Satellite Dish Facilitiesin a good and workmanlike manner reasonably screened as Landlord may require from view from the ground level and in accordance with all Laws. If Landlord fails to approve or disapprove such plans within 10 days of receipt thereof, without Landlord’s consentLandlord shall be deemed to have approved the same. If Landlord approves of such plans, but Tenant shall give Landlord written notice of install (in a good and workmanlike manner), maintain and use the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities in accordance with all Laws and shall not be considered a part of the Premises obtain all permits required for the purpose installation and operation thereof; copies of determining Tenant’s rental obligations under all such installation permits and (if possible) the Lease operating permits must be submitted to Landlord before Tenant begins to install the Satellite Dish. Tenant shall thereafter maintain all permits necessary for the maintenance and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use operation of the Satellite Dish Facilities while it is otherwise subject on the Building and operate and maintain the Satellite Dish in such a manner so as not to all unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. To the extent Tenant's Satellite Dish does interfere with any other satellite antenna installed prior to Tenant's Satellite Dish, or other transmission facility on the Building's roof or in the Building, upon notice of such interference Tenant shall eliminate the interference or remove the Satellite Dish. Landlord may require that Tenant screen the Satellite Dish with a parapet wall or other screening device reasonably acceptable to Landlord. Tenant shall maintain the Satellite Dish and the screening therefore in good repair and condition. Tenant may only use the Satellite Dish in connection with Tenant's business. Except in connection with Tenant's business, Tenant shall not allow any third party to use such equipment, whether by sublease, license, occupancy agreement or otherwise. Tenant shall, at its risk and expense, remove the Satellite Dish, within five days after the occurrence of any of the terms and conditions following events: (1) the termination of this Lease with respect Tenant's right to Tenant’s use and occupancy possess the Premises; (2) the termination of the Premises, including, without limitation, Sections 9, 22 and 31.Lease; (3) the expiration of the Term; or (4)
Appears in 1 contract
Samples: Lease Agreement (Digital Island Inc)
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Landlord hereby grants Tenant shall have the exclusive nonexclusive right to placeuse a portion of the exterior roof of the Building located in an area approved by Landlord, from time to time, solely for the purpose of installing and operating a satellite dishes, antennae dish and other communication or transmission devices related satellite dish accessories as approved by Landlord (such devices being referred to as the “Satellite DishesEquipment”) on and for no other purpose. Tenant agrees to pay for all electricity consumed by the Equipment. Landlord shall permit Tenant reasonable access to the roof of each of for the Buildingspurposes permitted hereunder, during Normal Business Hours at the Building upon reasonable advance notice and scheduling through Landlord’s management and security personnel. AdditionallyAccess after Normal Business Hours may be granted by Landlord in its reasonable discretion, Tenant and for such reasonable charges as Landlord shall have impose. Landlord reserves the right to install such wireenter upon the roof, conduitswithout notice, cables and at any time for the purposes of inspecting the same, or making repairs, additions or alterations to the Building, or to exhibit the roof to prospective tenants, purchasers or others, or for any other materials as necessary to connect the Satellite Dishes to reason not inconsistent with Tenant’s allied machinery rights hereunder. In connection with exercising such rights, Landlord may temporarily disconnect and/or move the Equipment, if necessary. Tenant shall not install the Equipment, or thereafter make any alterations, additions or improvements to the roof or the Equipment without Landlord’s prior written consent, which shall not be unreasonably withheld. Landlord shall approve or reject the proposed installation of the Equipment within a reasonable time after Tenant submits (1) plans and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to specifications for the installation of any Satellite Dish Facilitiesthe Equipment, Tenant(2) copies of all required governmental and quasi-governmental permits, licenses, and authorizations, which Tenant shall obtain at its own expense, and (3) if required, the approval of Landlord’s structural engineer. Landlord may withhold approval if the installation or operation of the Equipment may damage the structural integrity of the Building, interfere with any service provided by Landlord or any occupant, detract from the appearance of the Building, or for any other reasonable ground. Landlord may require that any installation or other work be done under the supervision of Landlord’ employees or agents, and in a manner so as to avoid damage to the Building. All installation work shall be required to provide Landlord performed in a good and workmanlike manner, in accordance with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishesall governmental requirements. At the Upon expiration or earlier termination of the Lease, Tenant, at its expense, may Tenant shall disconnect and remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to Equipment and fully repair and restore the roof of any other part to the same or better condition than prior to installation of the Buildings Equipment, ordinary wear and tear, and damage from fire or other casualty not the fault of Tenant excepted. Tenant shall promptly and properly repair (or, at Landlord’s option, pay Landlord’s reasonable charges for repairing) during the Term and upon expiration or termination of the Lease, any roof leaks or other damage occasioned or injury to the roof or the Demised Premises (or contents thereof) or Building caused by Tenant’s use of the roof or its installation, use, maintenance or removal of the Satellite Dish Facilities shall be borne by TenantEquipment. If Tenant does not immediately repair such leaks, damage or injury, or does not remove the Equipment when so required, Tenant hereby authorizes Landlord to make such repairs and/or remove and dispose of the Equipment and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in promptly pay Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilitiescharges for doing so. Landlord shall not unreasonably interfere with be liable for any property so disposed of or impair removed by Landlord. Landlord does not represent or warrant that the use, operation, maintenance or repair of the Satellite Dish Facilitiesroof will be suitable for Tenant’s purposes. Tenant may sublease acknowledges that Tenant has inspected the roof and agrees to unaffiliated third parties rooftop rights for accept the installation of Satellite Dish Facilitiessame hereunder “as is.” Tenant shall, without Landlord’s consentat all times, but Tenant shall give Landlord written notice of the existence of comply with any such subleases from time applicable federal, state, county or local laws or ordinances, pertaining to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject roof or the Equipment. Tenant shall not use the roof or the Equipment so as to all interfere in any way with (1) the ability of Landlord or its tenants and occupants of the terms Building and conditions neighboring properties to receive radio, television, telephone, microwave, short-wave, long-wave or other signals of this Lease with respect to Tenant’s any sort that are transmitted through the air or atmosphere, (2) the use of electric, electronic or other facilities, appliances, personal property and occupancy fixtures or (3) the use of any antennas, satellite dishes or other electronic or electric equipment or facilities currently or hereafter located on the roof or any floor or area of the PremisesBuilding. The Equipment shall be used only by or for the benefit of Tenant. Any use by other parties without the prior consent of Landlord, includingwhich consent may be arbitrarily withheld, without limitation, Sections 9, 22 and 31is expressly prohibited.
Appears in 1 contract
Samples: Lease Agreement (Intelepeer Inc)
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have be allowed to install a non-penetrating satellite dish which shall not be larger than three feet (3') in diameter, in substantial conformity to the exclusive right to placespecifications approved by Landlord in advance, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the BuildingsBuilding at a location to be determined by Landlord in Landlord's reasonable discretion. Additionally, Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal The weight of the Satellite Dish Facilities shall not exceed the load factor of the roof. All costs associated with the installation, maintenance, use, repair and removal of the satellite dish shall be borne paid by Tenant, and Tenant shall indemnify and hold harmless repair, or at Landlord's option reimburse Landlord from any costsfor the repair of, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury the roof or death to persons caused by such installation, maintenance or removal, except to any other part of the extent Building caused by the negligenceinstallation, willful misconduct maintenance, repair, use or breach removal of this Lease of Landlordthe satellite dish. Tenant shall be responsible use and operate the satellite dish so as not to interfere with the use of satellite dishes, antennae, receivers, or other telecommunications equipment placed on the roof by other tenants, or interfere with the operation of the Building by Landlord or the use of adjoining properties by persons entitled thereto. Any claims for the installation of all Satellite Dish Facilities (bodily injury, including the attachment thereto to the roof) and for all costs and expenses arising death, or property damage resulting from and relating to the Satellite Dish Facilities and the installation, operationmaintenance, maintenance and use, repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities satellite dish shall be performed covered by contractors Tenant's indemnity and workers first approved by Landlordinsurance obligations under this Lease Agreement, which approval will not be unreasonably withheld or delayed. However, Landlord reserves including without limitation Tenant's causing the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair area of the Satellite Dish Facilitiesroof used by Tenant for such satellite dish to be covered under Tenant's commercial general liability insurance policy required under the above Lease Agreement. Tenant shall also conform to any reasonable rules or regulations that Landlord may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases adopt from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part governing the use of satellite dishes, antennae, receivers and other telecommunications equipment on the roof of the Building. Any cable from the satellite dish to the Premises must be in conduit or be rated for plenum installation. Also, any penetration of the roof for this cable or for the purpose of determining Tenant’s rental obligations under satellite dish must be approved in advance by Landlord. Subject to the Lease foregoing terms and no Rent therefor conditions, Landlord shall be charged during provide Tenant with reasonable access to the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use roof of the Satellite Dish Facilities is otherwise subject to all Building for the installation, maintenance, use, repair or removal of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31said satellite dish.
Appears in 1 contract
Samples: Youcentric Inc
SATELLITE DISH. Subject During the Term, Landlord shall grant to compliance Tenant a non-exclusive license to install, maintain, repair, replace and operate one (1) satellite dish (together with all applicable Legal Requirementsany related wires, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae conduits and other communication equipment necessary or transmission devices (desirable for the proper operation of such devices being referred to as satellite dish, collectively the “Satellite DishesSatellite”) on the roof of each of the Buildings. Additionally, Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved Premises designated by Landlord shall have access to (the Satellite Dish Facilities in order to install, operate, maintain, inspect “Equipment Space Area”) upon and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise 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 connection 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. The rights under this Section are personal to the Tenant named herein and are not assignable. Subject to the rules and regulations 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. Tenant shall pay to Landlord, as additional rental, on a monthly basis, the actual costs, if any, incurred by Landlord in furnishing electric power for the operation of the Satellite. Landlord shall have the right to install, at Tenant’s expense, a meter to monitor Tenant’s use of electricity furnished by Landlord in the operation of the Satellite. 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 the same condition existing prior to the installation of the 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 by such 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 governmental permits or licenses required for the installation, repair, maintenance, operation and removal of the Satellite and shall provide Landlord with evidence thereof. Tenant’s installation, repair, maintenance, operation and removal of the Satellite shall be subject to and performed in accordance with the terms and conditions of this Lease and all applicable Legal Requirements (defined below) in effect from time to time. Tenant shall, at its sole cost and expense, and at its sole risk, install the Satellite in a good and workmanlike manner, and in compliance with respect to Tenant’s use and occupancy of the Premisesall applicable Legal Requirements, including, without limitationbut not limited to, Sections 9all building, 22 electric, communications, and 31.safety codes, ordinances, standards, regulations and requirements of the Federal Communications Commission and any other Governmental Authority (defined below). Tenant shall conduct the installation and maintenance of the Satellite in a good and workmanlike manner so as to not interfere with any other tenant or occupant of the Building or Project. The operation of the Satellite shall not disturb or interfere with the systems of the Building or Project or with any other tenant or occupant of the Building or Project. Tenant shall deliver to Landlord Tenant’s plans and specifications for the installation of the Satellite and for the aesthetic screening of same for review and approval by Landlord not less than thirty (30) days prior to commencing installation of the Satellite. The Satellite shall be installed substantially in accordance with the plans and
Appears in 1 contract
Samples: Crown Pointe Office Lease (Learning Tree International Inc)
SATELLITE DISH. Subject to strict compliance with all applicable Legal Requirementsthe following provisions, Tenant shall have be permitted during the exclusive right term of this lease to placeinstall and use a satellite dish (the “Dish”, from time which shall be a reference thereto, original and any replacement, including any related wiring, etc., connecting the same to the demised premises in order to render the same operational for intended purposes), to be used for, and only for, Tenant’s own business communications purposes for its operations in the demised premises. The Tenant’s rights under this Section to install and use the Dish are and shall be considered a license. Landlord agrees not arbitrarily to revoke the same during the term of this lease provided that Tenant complies with all of the provisions of this Section (including all of its obligations set forth or referred to herein) relating to the Dish; conversely, if Landlord determines that Tenant is not in strict compliance therewith, Landlord may terminate Tenant’s rights under this Section, without in any way diminishing or otherwise affecting any other provision(s) of this lease, upon notice thereof to Tenant (but Landlord agrees that the first time, satellite dishesif any, antennae and other communication or transmission devices (that Landlord elects so to terminate on account of any such devices being referred to as noncompliance, the “Satellite Dishes”) on the roof of each of the Buildings. Additionally, Tenant shall have a 10-day cure period). For all purposes (except as specifically otherwise provided in this Section), including without limitation, for and with respect to the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by liability for any damage to property or injury to persons, and injury or death Tenant’s obligations at its own cost to persons caused by repair and maintain, insure and indemnify the Landlord, the Dish shall be considered to be Tenant’s personal property contained within the demised premises. Furthermore, specifically, all matters pertaining to the Dish and Tenant’s rights under this Section, including without limitation, the use and the location of any Dish, the method of any such installation, maintenance and the type and specifications (including size, shape, color and technical specifications), shall be subject to (and Tenant agrees as aforesaid strictly to comply with) the following: (i) all applicable laws, codes, rules and regulations, and directions, of governmental authorities, as well as any such rules, regulations and directions of Landlord’s mall manager; (ii) prior written approval by Landlord, which shall be required for any and all installations and related work and/or other such matters related to any such Dish; (iii) no Dish shall be visible from the exterior of the building in which the demised premises are located nor shall any such Dish (specifically including the operation thereof) interfere with any other equipment or removalsystems located in or about the building or the balance of the Shopping Center, except or any use of the same; (iv) all work related to any such Dish shall be performed in accordance with all applicable provisions of this lease including, without limitation, the provisions of Articles VI and XIII and Exhibit “B”, and, as aforesaid, the provisions of Articles XIV and XVI regarding indemnity, insurance, etc., shall be fully applicable (with only such changes, if any, as are required in this context) to the extent caused by installation, use, repair and maintenance, replacement, relocation and removal of any such Dish; (v) the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for any and all charges and fees imposed by any network for the installation provision of all Satellite satellite dish communications to any such Dish Facilities but the Tenant may select its own satellite dish communications network to serve the demised premises as long as there is no resulting noncompliance with the provisions of this Section or other applicable provisions of this lease; (including the attachment thereto to the roofvi) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operationrepair and maintenance, maintenance and repair thereofreplacement, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance relocation and removal of the Satellite any such Dish Facilities shall be performed by contractors and workers first approved by otherwise effected at all times so as to maintain in full force and effect any applicable roof and/or construction-related guaranties and warranties; and (vii) the Tenant agrees, upon Landlord’s notice requesting same, which approval will not be unreasonably withheld to relocate the Dish and, upon the termination of this lease or delayed. However, Landlord reserves the right to require Tenant, at of Tenant’s rights repaired consistent with the provisions hereof any damage resulting from any such relocation or removal. Furthermore, the Tenant shall defend, indemnify and hold the Landlord harmless from and against any and all loss, cost, damage and expense, to use Landlord’s roofing contractor in connection therewith ifand any claims relating thereto, in Landlord’s reasonable judgmentresulting from the installation, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operationrepair and maintenance, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilitiesreplacement, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence relocation and/or removal of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9all fees, 22 costs and 31expenses relating to roof or wall penetrations and any such communications network fees and charges.
Appears in 1 contract
Samples: Warwick Mall (Nbty Inc)
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. Additionally, Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Landlord hereby ackowledges and agrees that any Satellite Dishes and Satellite Dish Facilities installed at the Premises by Tenant prior to the date hereof pursuant to the terms of the Original Lease comply with all of the requirements set forth in this Section 39 and are hereby deemed approved by Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 910, 22 21 and 3130.
Appears in 1 contract
Samples: Lease (Interval Leisure Group, Inc.)
SATELLITE DISH. Subject Notwithstanding anything to compliance with all applicable Legal Requirementsthe contrary contained in this Lease, the Landlord hereby agrees that at any time during the Term, the Tenant shall have the non-exclusive right to placeinstall, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each the Building, a satellite dish (the “Dish”). The Tenant agrees and acknowledges, however, that the location of any Dish, the method of any such installation, and the type of Dish proposed to be installed shall be subject to: (i) compliance by the Tenant with all applicable laws, rules, regulations and the like pertaining thereto; (ii) the consent by the Landlord, which consent shall not be unreasonably withheld provided that the Landlord and the Landlord’s engineers are satisfied therewith; and (iii) a determination to be made that such Dish will not interfere with any other equipment or use thereof located in, on or in the vicinity of the BuildingsBuilding, and that such Dish will not be visible from the exterior of the Building. If Tenant shall install such Dish, (a) the Tenant shall do so at its own cost and expense and in accordance with all applicable laws, rules and regulations, including, without limitation, reimbursement to Landlord for its third party engineers, if applicable; (b) the Tenant shall maintain such Dish in accordance with the Landlord’s reasonable rules and regulations; and (c) the Tenant shall install such Dish in a manner so as to maintain in full force and effect any applicable roof and/or construction related warranties, failing which the Tenant shall promptly reimburse the Landlord for any costs and expenses incurred by the Landlord as a result of such failure. Additionally, the Tenant shall have the right to install such wiredefend, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold the Landlord harmless Landlord from and against any costsclaims, expenses, liabilities costs and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused expenses incurred by the negligenceLandlord as a result of such installation by the Tenant or in any other manner in connection with such Dish, willful misconduct or breach of this Lease of Landlordincluding, without limitation, all costs and expenses relating to roof and/or wall penetrations. If the Tenant shall install such Dish, the Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, andat the Tenant’s sole cost and expense, if Tenant elects to remove and such Dish shall be at the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal sole risk of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expensethe Landlord having no obligation with respect to any insurance relating thereto. Also, to use Landlord’s roofing contractor in connection therewith ifthe Tenant hereby agrees, in Landlord’s reasonable judgment, upon the Landlord’s roof warranty may be affected notice requesting same, to remove or relocate such Dish and to repair any and all damage caused by any such workremoval or relocation. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord At the expiration or other termination of this lease, such Dish shall have access to remain the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair property of the Satellite Dish Facilities. Tenant, and shall be removed by the Tenant may sublease to unaffiliated third parties rooftop rights for at its own cost and expense, and the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give repair any and all damage caused by such removal, at its own cost and expense, in accordance with all applicable laws, rules and regulations, and in such a manner so as to maintain in full force and effect any applicable roof and/or construction related warranties, failing which the Tenant shall reimburse the Landlord written notice for any costs and expenses incurred by the Landlord as a result of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31failure.
Appears in 1 contract
Samples: Lease (GTC Biotherapeutics Inc)
SATELLITE DISH. Subject to compliance with all applicable Legal RequirementsTenant, Tenant at its sole cost, expense, and risk, shall have the non-exclusive right (it being understood that Landlord may grant, extend or renew similar rights to placeothers) to install, maintain, and from time to time, time replace a satellite dishes, antennae and other communication or transmission devices dish (such devices being referred to as the a “Satellite DishesDish”) no larger than 24 inches in diameter on the roof of each of the Buildings. AdditionallyBuilding, provided that prior to commencing any installation or maintenance, Tenant shall have (i) obtain Landlord’s prior approval of the proposed size, weight and location of the Dish and method for fastening the Dish to the roof, it being understood that the location will be in an area where the Dish is least visible to outside view, (ii) such installation and/or replacement shall comply strictly with all laws, ordinances and governmental regulations and permits and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) use the Dish solely for its internal use, (iv) not grant any right to install such wireuse of the Dish to any other party, conduitsand (v) obtain, cables and other materials as necessary to connect the Satellite Dishes to at Tenant’s allied machinery sole cost and equipment in the Premises (the Satellite Dishes expense, any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to Landlord. Landlord will supervise and perform any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior roof penetration related to the installation of a Dish, and upon completion of the work to Tenant’s reasonable satisfaction, Tenant shall pay the reasonable cost thereof within 30 days after receipt of Landlord’s invoice therefor. Prior to Landlord commencing any Satellite such roof work Landlord shall notify Tenant of the estimated cost of such work and Landlord shall not be obligated to commence the work until Tenant has approved such cost in writing. Landlord may charge the cost thereof to Tenant. Tenant agrees that all installation, construction and maintenance shall be performed in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements as shall be imposed by Landlord. Tenant further agrees to label each cable or wire placed by Tenant in the telecommunications pathways of the Building, with identification information as reasonably required by Landlord. Tenant shall repair any damage to the Building caused by Tenant’s installation, maintenance. replacement, use or removal of the Dish. The Dish Facilities, shall remain the property of Tenant, and Tenant may remove the Dish at its expense, cost at any time during the Term. Tenant shall be required to provide Landlord with a certification by a registered professional structural engineer that remove the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes Dish at the location on the roof of such Satellite Dishes Tenant’s cost and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At expense upon the expiration or earlier termination of the Lease. Tenant agrees that the Dish, Tenantand any wires, at its expensecables or connections relating thereto, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by and the installation, maintenance or removal and operation thereof shall in no way interfere with the use and enjoyment of the Satellite Dish Facilities Building, or the operation of communications (including, without limitation, other satellite dishes) or computer devices by Landlord or by other tenants or occupants of the Building which were in operation before Tenant’s installation of the Dish. If such interference shall be borne occur and Landlord is able to ascertain with reasonable certainty that the interference is being caused by Tenantor is attributable to the Dish, Landlord shall give Tenant written notice thereof and Tenant shall commence to correct the same within twenty-four (24) hours of receipt of such notice. Landlord reserves the right to disconnect power to any Dish if Tenant fails to correct such interference with forty-eight (48) hours after such notice. Landlord makes no warranty or representation that the Building or any portions thereof are suitable for the use of a Dish, it being assumed that Tenant has satisfied itself thereof. Tenant shall protect, defend, indemnify and hold harmless Landlord and Landlord’s employees and agents from any costsand against claims, expensesdamages, liabilities liabilities, costs and the likeexpenses of every kind and nature, including reasonable attorneys’ fees, occasioned incurred by any damage to property and injury or death to persons caused by such asserted against Landlord arising out of Tenant’s installation, maintenance maintenance, replacement, use or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31Dish.
Appears in 1 contract
Samples: Lease (Ariba Inc)
SATELLITE DISH. Subject to compliance with all approval by applicable Legal Requirementsgovernmental -------------- authorities, Tenant shall have Lessor hereby grants to Lessee and its agents and contractors, at Lessee's sole cost and expense, the exclusive right to placeinstall, maintain and operate a mast mounted satellite dish antenna (the "Dish") and related equipment, including cables from time the exterior of the Leased Premises to timeequipment inside the Leased Premises, satellite dishesnecessary for the operation of the Dish. Lessee may locate the Dish at or relocate the Dish to some other location on or about the Leased Premises or the Building roof for purposes of adequate reception subject to applicable law, antennae codes and other communication or transmission devices regulations. Lessee will ensure that the Dish, and each part of it, will be installed in accordance with local and building rules of construction and occupancy codes and shall repair all damage to the Leased Premises (such devices being referred including but not limited to as the “Satellite Dishes”) on the roof of each the Leased Premises) caused as a result of Lessee's installation of the BuildingsDish. AdditionallyThe Dish is and shall remain the property of Lessee or Lessee's assignee, Tenant shall have transferee or sublessee, and Lessor and Lessee agree that the right to install such wireDish is not, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite the Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on Leased Premises shall not cause the roof of such Satellite Dishes and TenantDish to become, at its expense, shall be required a fixture pursuant to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease or by operation of Landlordlaw. Tenant Lessee shall be responsible for the installation repair and maintenance of all Satellite the Dish Facilities during the term of this Lease (including or any extended term), at its sole cost and expense, and upon the attachment thereto termination of this Lease shall remove said Dish and repair damage to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal roof of the Satellite Dish Facilities Leased Premises caused solely as a result of such removal. Any roof penetrations caused by Lessee shall not invalidate roof warranties; and roof penetrations shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, Lessor's contractor at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities Lessee's expense if required in order to install, operate, maintain, inspect preserve roof warranties. The location and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair screening of the Satellite Dish Facilities. Tenant may sublease shall be subject to unaffiliated third parties rooftop the rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of architectural control committee established in the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31Declaration.
Appears in 1 contract
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Landlord hereby grants Tenant shall have the exclusive right to placeinstall, maintain and, from time to time, replace a satellite dishes, antennae and other communication or transmission devices dish (such devices being referred to as the “Satellite Dishes”a "Dish") on the roof of each the Building, subject to the following: (a) applicable governmental laws; (b) the right of Landlord to supervise any roof penetrations; (c) compliance with the conditions of any roof bond maintained by Landlord on the Building; (d) the Dish not being visible at street level; and (e) Landlord's reasonable approval of the Buildings. Additionally, Tenant shall have the right to install such wire, conduits, cables size and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system weight of the roof is adequate Dish and Tenant's proposed methods for fastening the Dish to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of LandlordBuilding. Tenant shall be responsible for the installation repair of all Satellite Dish Facilities (including any damage to any portion of the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the Building caused by Tenant's installation, operationuse or removal of the Dish. The Dish shall remain the exclusive property of Tenant, maintenance and repair thereof, and, if Tenant elects shall have the right to remove the Satellite Dish Facilitiessame at its sole cost and expense at any time during the Term so long as Tenant is not in default under this Lease. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against any and all claims, damages, liabilities, costs of expenses of every kind and nature (including without limitation attorneys' fees) incurred by or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The asserted against Landlord arising out of Tenant's installation, maintenance and maintenance, use or removal of the Satellite Dish. The area where the Dish Facilities shall will be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves located on the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities Building shall not be considered included as a part portion of the Premises unless Tenant is charging a third party for using the purpose of determining Tenant’s rental obligations under the Lease and no Dish, in which event Tenant shall pay Base Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31space occupied by such Dish at the prevailing market rate.
Appears in 1 contract
Samples: Lease (Florsheim Shoe Co /De/)
SATELLITE DISH. Subject Landlord hereby grants to compliance Tenant a non-exclusive and non-transferable license ("License"), coterminous with all applicable Legal Requirementsthe term hereof unless, at Landlord's election, earlier terminated due to Tenant's failure to comply with the provisions of this Section 12.18, to use, after prior written notice to Landlord, such area of the roof of the Building as shall be designated by Landlord (so as to avoid interference with, to or from other current or future users on the roof) for the installation and operation of a satellite dish and connecting equipment (the "Satellite Dish"). Tenant shall have pay a fee for the exclusive right to placeLicense at the then prevailing market rate for such a License on the roof the Building, as determined by Landlord from time to time, satellite dishes, antennae . The Satellite Dish shall be installed and maintained in accordance with plans and specifications approved in writing by Landlord and such other communication or transmission devices (such devices being referred reasonable requirements as Landlord shall impose. The provisions of this Lease shall apply to as the “Satellite Dishes”) on the roof of each Tenant's use of the Buildings. Additionally, Tenant shall have License pursuant to this Section 12.18 just as if the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other License were part of the Buildings from Premises except that the License is non-exclusive and non-transferable, and is subject to termination by Landlord in the event of Tenant's failure to comply with any provision of this Lease related to the use of the License or upon the occurrence of an Event of Default by Tenant under this Lease. The cost of any repair to any damage occasioned to the Building caused by the Tenant in connection with installation, maintenance maintenance, repair, replacement or removal of the Satellite Dish Facilities shall be borne paid by Tenant. Tenant will save Landlord harmless and will exonerate, defend and Tenant shall indemnify and hold harmless Landlord Landlord, from any costs, expensesagainst any and all claims, liabilities and the likepenalties, including reasonable attorneys’ ' fees, occasioned asserted by or on behalf of any damage to property and injury person, firm corporation or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and public authority in connection with the installation, operation, maintenance and repair thereofrepair, andmaintenance, if Tenant elects to remove replacement or removal of the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for Dish. Tenant may have access to the removal thereof. The roof of the Building (accompanied by a representative of Landlord if Landlord so requires) where necessary in connection with the installation, maintenance maintenance, repair, replacement and removal of the Satellite Dish Facilities Dish. Landlord shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the have right to require Tenantcause Tenant to relocate, at Tenant’s 's sole cost and expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilitiesto another portion of the roof of the Building by written notice delivered to Tenant. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights grant a license for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice a satellite dish to another tenant of the existence Building that will materially interfere with the operation of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31's satellite dish.
Appears in 1 contract
Samples: Broadvision Inc
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have At any time during the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. AdditionallyLease Term, Tenant shall have the right and option to elect to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises one satellite dish (the Satellite Dishes "Dish") of not to exceed 24 inches in diameter, to service the Premises, provided Tenant fully complies with the provisions of this Section. The term "Dish" as hereafter used in this section shall include the dish, the required screening, all related equipment, antennas or other communication devices and any such the related cable connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish FacilitiesPremises. If Tenant desires to install a Dish, Tenant shall so advise Landlord in writing. Within ten (10) days after such notice form Tenant, at its expenseLandlord shall advise Tenant where such Dish may be installed. At Landlord’s option, such Dish shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location installed either on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration Building or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of in any other part of location reasonably near the Buildings from any damage occasioned Building as designated by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, Landlord. Landlord and Tenant shall indemnify cooperate to develop mutually acceptable plans and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible specifications for the installation of such Dish, which shall include reasonable screening, as well as lightning and surge protection if the Dish is installed on a building with such a system in place. If the Dish is installed in a building which at the time of installation does not have a lightning and surge protection system in place, but Landlord thereafter elects to install such a system, Tenant shall pay all Satellite Dish Facilities (including costs of adding the attachment thereto lightning and surge protection system to the roof) Dish installation. Lightning and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall surge protection must be performed installed by contractors and workers first a contractor reasonably approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved Any location designated by Landlord shall have permit access for servicing and shall permit the Dish to receive and send the Satellite Dish Facilities in order desired satellite transmissions to install, operate, maintain, inspect and remove, as required, from the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish FacilitiesPremises via a cable connection. Tenant may sublease shall pay all costs incurred to unaffiliated third parties rooftop rights for design and install the Dish, pursuant to plans and specifications approved by Landlord. Prior to commencement of the installation of Satellite the Dish Facilitiesor any portion thereof, without Landlord’s consent, but any required building and other permits shall be obtained by Tenant and posted as required by applicable governmental requirements. Tenant shall give Landlord written notice of the existence of any such subleases from time also secure at no cost to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises , all licenses required for the purpose of determining Tenant’s rental obligations under the Lease ownership, operation and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the PremisesDish, including, without limitation, Sections 9any required specialty licenses. No penetrations of the roof or exterior walls of the Building will be permitted. Once the Dish is installed, 22 Tenant shall pay all costs incurred to maintain the Dish in an appropriate manner. Tenant shall have the right and 31option to replace such Dish from time to time, at Tenant’s cost, but always in compliance with plans and specifications approved by Landlord. Upon expiration of the Term, at Landlord’s option, Tenant shall forthwith remove the Dish, including but not limited to the cable and Tenant shall restore the Building or other alternative site to its original condition solely at Tenant’s cost. Tenant 24 shall pay for all costs incurred to repair all damage occurring to the Building or alternative site as a result of the installation, maintenance, removal or replacement of any such Dish. Upon reasonable actual notice, Tenant, its agents, servants and employees shall have reasonable access to the Building roof or such alternative site as may be necessary to install, maintain, repair, service, and replace the Dish so that it can be maintained for its intended uses. Tenant shall maintain the Dish in good repair and in a sightly condition at all times. Landlord shall have the absolute right to dictate the color of any Dish so long as the color selected does not adversely affect the operation of the Dish. Landlord reserves the right upon not less than fourteen (14) days’ notice to Tenant, to require or cause the Dish to be relocated either permanently or temporarily to a location designated by Landlord, either on the roof of the Building or in any other location, all at Tenant’s cost, so long as said relocation(s) allows the Dish to perform its intended function. Tenant agrees that during any said relocation(s), reception from the Dish may be interrupted as necessary to facilitate such relocation and reinstallation, and Tenant hereby waives all damages resulting from such interruption of Dish operation. Tenant hereby indemnifies and agrees to hold Landlord, its agents, servants and employees harmless, including but not limited to reasonable attorney’s fees, for any injury to person or damage to property directly or indirectly resulting from or caused as alleged to be caused by the ownership, installation, operation, servicing, repairing, replacement or removal of the Dish, any related equipment, and interference with other tenants computer installations or communications equipment or systems, or dish, and in addition, Tenant hereby releases Landlord, its agents, servants and employees from all liability of every kind and type relating to any injury to person or damage to property, including but not limited to interference with Tenant’s Dish, and related equipment resulting from or caused by any other communication installation, operation, servicing, repair, replacement or removal.
Appears in 1 contract
SATELLITE DISH. Subject Section 39.1. Landlord understands that during the Term Tenant may require communication services in connection with the operation of Tenant's business which would necessitate the construction, installation, operation and use by Tenant of a satellite dish of a size not to compliance exceed twenty (20) inches (DSL), together with all applicable Legal Requirementsrelated equipment, Tenant shall have mountings and supports (collectively, the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “"Satellite Dishes”Dish") on the roof of each the Building. Subject to the terms of the Buildings. Additionallythis Section 39.1, Tenant Landlord shall have the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes make available to Tenant’s allied machinery , for Tenant's own use (and equipment in the Premises not for resale purposes) sufficient (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification reasonably determined by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location Landlord) space on the roof of such the Building for the Satellite Dishes and Tenant, Dish at its expense, a location designated by Landlord. Landlord shall be required have no obligation to provide Landlord with satisfactory assurance that the existing construction materials reserve any portion of the roof (such as for Tenant's use and the use of the roof membrane) for such purposes shall be protected allocated on a "first come, first served" basis. Tenant's use of the roof of the Building shall be on a non-exclusive basis. In connection with Tenant's use of the roof of the Building, and subject to the rights of tenants in the Building pursuant to leases executed prior to the date hereof, Landlord shall make available to Tenant access to the roof for the construction, installation, maintenance, repair, operation and use of the Satellite Dish, as well as reasonable space in the Building to run electrical and telecommunications conduits from the Satellite DishesDish to the Premises. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal The installation of the Satellite Dish Facilities shall constitute an Alteration and shall be borne by performed at Tenant's sole cost and expense (including, and Tenant shall indemnify and hold harmless Landlord from without limitation, any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from in connection with reinforcing the roof of the Building, if required) in accordance with and relating subject to the Satellite Dish Facilities provisions of Article 3 hereof and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor except as otherwise expressly set forth in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as requiredthis Article 39, the Satellite Dish Facilitiesshall be deemed for all purposes of this Lease to be a Specialty Alteration. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair All of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions provisions of this Lease with respect to Tenant’s 's obligations hereunder shall apply to the installation, use and occupancy maintenance of the PremisesSatellite Dish, including, without limitation, Sections 9provisions relating to compliance with Requirements, 22 insurance, indemnity, repairs and 31maintenance. The license granted to Tenant in this Article 39 shall not be assignable by Tenant separate and apart from this Lease.
Appears in 1 contract
Samples: Agreement of Lease (Liveperson Inc)
SATELLITE DISH. Subject Landlord hereby grants a license to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae install and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) maintain on the roof of each the Building at a location designated by Landlord, a satellite dish [no larger than eighteen (18") inches in diameter], and to pull and maintain the required cables [no larger than one and one half (1 1/2") inches in diameter] for its operation through a Building riser designated by Landlord to the roof of the BuildingsBuilding, for the purpose of receiving satellite television service at the Premises. AdditionallyTenant shall not provide television service to any other tenant in the Building or to anyone outside the Building, Tenant or use its equipment for any other purpose. Landlord shall have the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenantright, at its Landlords sole cost and expense, shall be required and provided that Tenant's service is not adversely affected thereby, to provide Landlord with a certification by a registered professional structural engineer that relocate the structural system of the roof is adequate satellite dish to support the superimposed loads produced by any Satellite Dishes at the another location on the roof of the Building. Except as provided in the immediately preceding sentence, the cost of the installation and maintenance of the satellite dish and cables shall be Tenant's, and Landlord shall not be required to do any work or supply any materials or prepare any space with respect to the installation. Tenant shall, prior to any work or installation of any equipment, and at its sole cost and expense, prepare and deliver to Landlord an engineer's plan showing the route of the cables, the location of the satellite dish and the specifications of the cable, satellite dish and any other equipment to be used for the installation of the satellite dish for Landlord's approval. Landlord agrees not to unreasonably withhold or delay its approval. Tenant agrees to reimburse Landlord for any reasonable out-of-pocket costs paid by Landlord for the review of such Satellite Dishes plan and specifications. The plan shall provide for the labeling of all cable used by Tenant to identify the same as Tenant's cable. Tenant shall obtain, at its sole cost and expense, prior to any work, all necessary federal, state or municipal permits, licenses and approvals and deliver copies of the same to Landlord. Tenant's equipment shall at all times comply with all applicable safety standards of any federal, state or municipal authority having jurisdiction. Tenant agrees that the installation of the satellite dish, cables and any other equipment necessary to provide satellite television service to the Premises shall be required performed in a neat, responsible and workmanlike manner with such reasonable requirements as shall be imposed by Landlord. Tenant shall immediately repair any damage done to provide Landlord with satisfactory assurance that the existing construction materials any part of the roof (such Building as a result of Tenant's work. If Tenant's satellite interferes with any Building-wide television satellite service, or telecommunications or computer systems, or other tenant's television, tele-conmmunication or computer system, Tenant shall immediately discontinue use of its satellite and remedy the roof membrane) shall interference. If the interference cannot be protected from the Satellite Dishes. At the expiration or earlier termination of the Leaseeliminated, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging its satellite dish, cables and other equipment and this license shall become null and void. Tenant shall comply with all reasonable Building rules and regulations uniformly enforced with respect to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance and repair of its satellite dish. Landlord shall have no liability or removal of responsibility with respect to the Satellite Dish Facilities shall be borne by Tenantsatellite dish, cables and other equipment, its installation, maintenance, repair or removal, and Tenant shall indemnify hereby indemnifies and hold holds harmless Landlord and Orda Management Corporation from any costsand with respect to all claims, expenses, liabilities expenses and the likedamages, including reasonable attorneys’ legal fees, occasioned sustained by Landlord and Orda Management Corporation by reason of any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlordclaim. Tenant agrees that Landlord shall not be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto damage to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish FacilitiesTenant's satellite dish or wiring, or for those Satellite Dish Facilities for which removal is required, for the removal thereoftheft or other loss connected therewith. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises satellite dish during normal business hours for the purpose of determining Tenant’s rental obligations under installing, maintaining and repairing the Lease same only after notice to the Building's manager. Tenant shall obtain and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease maintain general liability insurance with respect to Tenant’s use its satellite dish in the limits specified in Article 39, naming Landlord and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31Orda Management Corporation as additional insureds.
Appears in 1 contract
Samples: Agreement of Lease (STV Group Inc)
SATELLITE DISH. Subject to compliance with all applicable Legal RequirementsLandlord's prior written approval of the plans and specifications therefor (including, without limitation, the location, size, and color of the equipment), during the Term, Tenant shall have the exclusive right to placemay, from time to timeat its sole cost and expense, construct and maintain a satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) dish on the roof of each of the Buildings. AdditionallyBuilding (the "SATELLITE DISH"); provided, Tenant however, Landlord shall have the right to install such wirewithhold its approval of the plans and specifications, conduitsin its sole and absolute discretion, cables and other materials as necessary to connect if Landlord reasonably determines that the Satellite Dishes to Tenant’s allied machinery Dish will affect the structural integrity of the roof. Upon receipt of Landlord's prior written approval of the plans and equipment specifications as set forth herein, Tenant shall erect the Satellite Dish in accordance with the Premises approved plans and specifications, in a good and workmanlike manner, in accordance with all applicable Laws now in force or hereafter enacted and all other requirements of Landlord, and after Tenant has received all requisite approvals therefor (the Satellite Dishes "APPLICABLE REQUIREMENTS"), and in a manner so as not to interfere with the use of the Building or any such connecting material being collectively referred to as adjacent building by any other tenant or occupant. Tenant shall at all times maintain the “Satellite Dish Facilities”)in a good, clean and safe condition, in accordance with the Applicable Requirements, and in a manner so as not to interfere with the use of the Building or any adjacent building by any other tenant or occupant. However, prior Tenant shall have access to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide roof only when accompanied by Landlord with a certification by a registered professional structural engineer that or the structural system property manager of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite DishesProject. At Upon the expiration or earlier sooner termination of this Lease or Tenant's right to possession of the LeasePremises, TenantTenant shall, at its Tenant's sole cost and expense, may promptly remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from and repair any damage occasioned by to the installation, maintenance or removal of Building resulting therefrom. If Tenant fails to remove the Satellite Dish Facilities shall be borne by within fifteen (15) days following the expiration or sooner termination of this Lease or Tenant's right to possession of the Premises, Landlord may, at Tenant's expense, remove the Satellite Dish and perform the related restoration and repair work, and use, dispose of or take such other actions with respect to the Satellite Dish as Landlord may deem appropriate, all without compensation or payment to Tenant. Tenant shall defend, indemnify and hold harmless Landlord from any all losses, claims, liabilities, judgments, costs, expensesdemands, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach causes of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs action and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9attorneys' fees) arising from or relating to the construction, 22 installation, maintenance, use or removal of the Satellite Dish. The rights granted to Tenant pursuant to this paragraph may not be assigned. Landlord and 31.Tenant have executed and delivered this Lease as of the Lease Date specified in the Basic Lease Information. LANDLORD: TENANT: AETNA LIFE INSURANCE COMPANY, FINISAR CORPORATION, a Connecticut corporation a California corporation By: Allegis Realty Investors LLC Its Investment Advisor and Agent By: /s/ X.X. Xxxxxxx ----------------------- Print Name: X.X. Xxxxxxx --------------- Its: CFO ---------------------- By: /s/ Xxxxxxx Xxxxxxxx --------------------------------- Xxxxxxx Xxxxxxxx Vice President By: ----------------------- Print Name: --------------- Its: ----------------------
Appears in 1 contract
Samples: Lease Agreement (Finisar Corp)
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. Additionally, Tenant shall have the right to install such wire, conduits, cables maintain and other materials as necessary to connect operate within an area designated by Landlord on the Satellite Dishes to Tenant’s allied machinery and equipment in roof of the Premises Building (the Satellite Dishes and any such connecting material being collectively referred to as “Licensed Area”), during the Term of this Lease, communication equipment (the “Satellite Dish FacilitiesDish”). However) at a location determined by Landlord (of which the height, prior appearance and installation procedures must be approved in writing by Landlord) in accordance with and subject to the installation following terms. Tenant shall utilize a contractor reasonably acceptable to Landlord to install the Dish, which contractor shall comply with Landlord’s construction rules for the Building, including without limitation Landlord’s standard insurance requirements. Landlord reserves the right upon reasonable notice to Tenant to require either (a) the relocation of any Satellite Dish Facilities, Tenant, at its expense, shall be required all equipment installed by Tenant to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the another location on the roof of the Building, or (b) the removal of any or all of such Satellite Dishes equipment should Landlord determine that its presence may result in damage to the Building and that Tenant has not made satisfactory arrangements to protect Landlord therefrom. Tenant shall use the Licensed Area only for the operation and maintenance of the Dish and the necessary mechanical and electrical equipment to service the Dish. The right to utilize the Dish and Licensed Area shall be limited solely to Tenant, and in no event may Tenant assign or sublicense such right to other than an Affiliate. Tenant shall not use or permit any other person to use the Licensed Area for any improper use or for any operation which would constitute a nuisance, and Tenant shall at all times conform to and cause all persons using any part of the Licensed Area to comply with all public laws, ordinances and regulations from time to time applicable thereto and to all operations thereon. Tenant shall require its employees, when using the Licensed Area, to stay within the immediate confines thereof. In the event a cable television system is operating in the area, Tenant shall at all times conduct its operations so as to ensure that the cable television system shall not be subject to harmful interference as a result of such operations by Tenant. Upon notification from Landlord of any such interference, Tenant agrees to immediately take the necessary steps to correct such situation, and Tenant, at its expense, ’s failure to do so shall be required to provide deemed a default under the terms of this Lease. During the Lease Term, Tenant shall comply with any standards promulgated by applicable governmental authorities or otherwise reasonably established by Landlord with satisfactory assurance regarding the generation of electromagnetic fields. Should Landlord determine in good faith at any time that the existing construction materials Dish poses a health or safety hazard to occupants of the roof (such as Building, Landlord may require Tenant to remove the roof membrane) Dish or make other arrangements satisfactory to Landlord. Any claim or liability resulting from the use of the Dish shall be protected from subject to Tenant’s indemnification obligation as set forth in Section 10.3 of the Satellite DishesLease. At Upon the expiration or earlier termination of the this Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite the Dish Facilities belonging to an unaffiliated third party. Any work required to and all other equipment installed by it and shall restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage Licensed Area to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31its original condition.
Appears in 1 contract
Samples: Lease (SERVICE-NOW.COM)
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. Additionally, Tenant shall have the right (but only to the extent permitted by the City of El Segundo and all agencies and governmental authorities having jurisdiction thereof), at Tenant's sole cost and expense, to install such wire, conduits, and operate a satellite or microwave dish or dishes ("Satellite Dishes") along with any necessary cables and other materials as necessary ("Cables") on a portion of the roof of the Building to connect be designated by Landlord ("Roof Space") for the Satellite Dishes to Tenant’s allied machinery and equipment in Term of the Premises Lease (the Satellite Dishes and any such connecting material being Cables are hereinafter collectively referred to as the “Satellite Dish Facilities”"Equipment"). HoweverThe location and size of the Equipment shall be subject to Landlord's approval, prior not to unreasonably withheld and which best promotes the safety, aesthetics and efficiency of the Equipment; provided, all of the Equipment and any modifications thereto or placement thereof shall be (i) at Tenant's sole cost and expense, (ii) contained visually within the roof screen, (iii) installed and operated to Landlord's reasonable specifications, and (iv) installed, maintained, operated and removed in accordance with all Recorded Matters, applicable Laws, and the provisions of Section 10 of this Lease. For purposes hereof, the Equipment shall be construed as part of the Tenant's Property and shall be removed by Tenant at the expiration or earlier termination of this Lease. Landlord shall cooperate reasonably with Tenant to modify the roof screen placement (subject to all applicable Laws and Recorded Matters) if required for signal quality, reconfiguration due to the installation of any Satellite Dish FacilitiesHVAC systems and other reasonable considerations; provided, the cost of all such modifications shall be solely the responsibility of Tenant. All modifications to the Building, at its expenseincluding the Roof Space, if any, shall be required reasonably approved by Landlord prior to provide Landlord commencement of any work with a certification respect to the Equipment. No additional rent shall be paid by a registered professional structural engineer that the structural system Tenant for use of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes Roof Space and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials operation of the roof (such as Equipment. The Equipment shall remain the roof membrane) property of Tenant and Tenant shall be protected from remove the Satellite Dishes. At Equipment upon the expiration or earlier termination of the Lease in accordance with the provisions of Section 10 of this Lease. Tenant shall restore the Roof Space and any other portion of the Building affected by the Equipment to its original condition, excepting ordinary wear and tear and/or damage or destruction due to fire or other casualty not caused directly or indirectly by Tenant, at its expenseagents, employees, contractors or the Equipment or any part thereof. Notwithstanding anything to the contrary contained herein, Tenant may remove not assign, lease, rent, sublet or otherwise transfer any of its interest in the Satellite Dish Facilities belonging Roof Space or the Equipment except together with the remainder of all of the Premises as more particularly set forth in Section 15. Each of the other provisions of this Lease shall be applicable to the Equipment and the use of the Roof Space by Tenant, but including without limitation, Sections 12 and 14 of this Lease. The Equipment shall comply with all rules and regulations of the Federal Communications Commission and all other agencies having jurisdiction thereof. If applicable, Tenant shall provide to Landlord a copy of (i) the Federal Communications Commission (or other agency) grant which has awarded frequencies to Tenant and (ii) a list of Tenant's frequencies. Anything to the contrary contained herein notwithstanding, if, during the Lease Term, as such Term may be extended, Landlord, in its reasonable judgment, believes that the Equipment poses a threat to human health or otherwise may be an environmental hazard that cannot be remediated or has not been remediated within ten (10) days after Tenant has been notified thereof, then Tenant shall immediately cease all operations of the Equipment and Tenant shall remove all of the Equipment within thirty (30) days thereafter. To the best of Tenant's knowledge, Tenant represents to Landlord that the Equipment shall not emit or project any Satellite Dish Facilities belonging electro-magnetic fields which pose a threat to human health or otherwise may be an unaffiliated third partyenvironmental hazard. Any work required In addition, Tenant shall be solely responsible for insuring the Equipment and Landlord shall have no responsibility therefor. Tenant shall indemnify, defend (by counsel reasonably acceptable to restore Landlord) and hold harmless Landlord and the other Indemnitees from and against any and all claims, demands, liabilities, damages, judgments, losses, penalties, costs and expenses (including reasonable attorneys' fees) Landlord may suffer or incur arising out of or related to the installation, use, operation, maintenance, replacement and/or removal of the Equipment or any portion thereof, including without limitation. the cost of repairs and replacements to the roof of any other part of the Buildings from any damage Building occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenantmaintenance, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance repairs and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31Equipment.
Appears in 1 contract
SATELLITE DISH. Subject Landlord agrees to compliance with all applicable Legal Requirements, permit Tenant shall have the exclusive right to place, from time to time, install and keep a satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) dish and/or antenna on the roof of each Building One. There shall be no additional fee or charge therefor. The size (not in excess of 24” in circumference), configuration and placement of such dish shall be subject to Landlord’s reasonable approval and City of Deerfield Beach zoning requirements. The installation, operations, erection, maintenance, care and removal of such dish shall be the sole responsibility of Tenant and at Tenant’s sole expenses and risk. Tenant shall be entitled to install wire, conduits and appurtenant facilities in the shafts and other common areas of the Buildings. Additionally, Tenant shall have the right to install such wire, conduits, cables and other materials Building as may be necessary to connect the Satellite Dishes dish to the Premises. Tenant also shall be solely responsible for ensuring that such dish complies with all (present and/or future) applicable governmental regularity codes, ordinances laws, rules, statutes, regulations, etc. Landlord agrees to reasonably cooperate with Tenant with respect to such compliance. Tenant’s allied machinery and equipment in right to have such dish shall expire at the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system end of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials term of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by TenantLease and renewal periods if applicable, and Tenant shall indemnify have fifteen (15) days after such expiration to remove such dish and hold harmless Landlord from repair to Landlord’s reasonable satisfaction) any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any all damage to property and injury or death to persons caused by such installationremoval. Should Tenant fail so to remove such dish and/or fail so to repair such damage, maintenance or removalthen Landlord, except to the extent caused by the negligenceat its option, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible may do so and charge tenant for the installation actual out-of-pocket expense of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the doing so. The installation, operation, maintenance erection, maintenance, care and repair thereofremoval of such dish shall not interfere with the rights of other tenants as pertaining to their communication apparatuses. Should such interference occur, andTenant shall solely be responsible for eliminating such interference. Furthermore, if should such interference occur and not be eliminated, Tenant elects hereby agrees fully and completely to remove the Satellite Dish Facilities, indemnify (to include reasonable attorney’s fees) Landlord from any and all costs expenses and liabilities of any nature whatsoever Landlord may suffer or for those Satellite Dish Facilities for which removal is required, for the removal thereofincur as a result of such interference. The installation, maintenance operation, erection, maintenance, care and removal of such dish absolutely shall not penetrate the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves roof the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish FacilitiesBuilding. Landlord shall not be acting unreasonably interfere with or impair in requiring that the use, operation, maintenance or repair of satellite dish be located so as to limit visibility from the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for parking areas and the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31common areas.
Appears in 1 contract
Samples: Work Letter Agreement (First NLC Financial Services Inc)
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Landlord hereby grants Tenant shall have the exclusive right to placeinstall, maintain and replace from time to timetime (i) a single antenna satellite dish or similar antenna device (hereinafter “Satellite Dish”) and (ii) such HVAC and refrigeration or other equipment necessary for the operation of Tenant’s business (“Roof Equipment”, satellite dishestogether with the Satellite Dish, antennae and other communication or transmission devices (such devices being referred to as collectively, the “Satellite DishesRoof Items”) ), on the roof of each of the Buildings. AdditionallyPremises, Tenant shall have subject to the following: (a) compliance with applicable governmental laws; (b) with respect to the Satellite Dish, installation to be done by a certified satellite dish installer and a certified roofing contractor; (c) the right of Landlord to install such wire, conduits, cables and other materials as necessary to connect supervise any roof penetrations; (d) compliance with the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation conditions of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide roof bond maintained by Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes Premises; and Tenant, (e) ensuring all Roof Items are not visible at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlordstreet level. Tenant shall be responsible for the installation repair of all Satellite Dish Facilities (including any damage to any portion of the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the Premises caused by Tenant’s installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, use or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to TenantRoof items. The Satellite Dish Facilities shall not be considered a part remain the exclusive property of Tenant, and Tenant shall have the right to remove same at any time during the term of the Premises for the purpose Lease, provided that Tenant is not in default of determining Tenant’s rental its obligations under the Lease Lease. Tenant shall protect, defend, indemnify and no Rent therefor shall be charged during the Term hold harmless Landlord from and against any and all claims, damages, liabilities, costs or expenses of every kind and nature (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9reasonable attorney fees) imposed upon or incurred by or asserted against Landlord arising out of Tenant’s installation, 22 maintenance, use or removal of the Roof Items. - 25 - WHEREFORE, Landlord and 31.Tenant have respectively executed this Lease the day and year first above written. LANDLORD: TENANT: CIVF I-GA1W15-W23, LLC, a Delaware limited liability company ADMA Biologics, Inc, a Delaware corporation By: DCT Industrial Value Fund I, L.P., a Delaware limited partnership, its Sole Member By: DCT Industrial Value Fund I, Inc., a Maryland corporation, its General Partner By: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxxxx Xxxxx X. Xxxxxx Name: Xxxxx Xxxxxxxx Managing Director Title: CEO Date: 6/16/08 Date: 6/3/08 ADMA Biocenters Georgia, Inc, a Delaware corporation By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: CEO Date: 6/3/08
Appears in 1 contract
Samples: Agreement of Lease
SATELLITE DISH. Subject Landlord hereby grants Tenant the non-exclusive right to compliance place a satellite dish on the exterior portion of the roof above the Expansion Area at the location shown on Exhibit “L” hereto for use by Tenant provided that (i) Tenant shall, at its sole cost and expense, repair any damage to the roof caused by the installation or operation of the satellite dish, (ii) the plans and specifications for the satellite dish and its installation shall be subject to Landlord’s prior written approval, the giving or withholding of such approval to be within Landlord’s reasonable discretion, (iii) Tenant shall indemnify, defend, protect and hold harmless Landlord and each of the other Shopping Center tenants from and against any and all liabilities, damages, actions, proceedings, claims, losses, obligations, costs and expenses arising from or related to the installation, existence or operation of the satellite dish, and (iv) Tenant shall pay to Landlord a use fee of Forty-One and 67/100 Dollars ($41.67) per month for every month during the term of this Lease in which the satellite dish is located on the roof. Tenant shall, at its own expense, obtain all necessary permits, approvals or clearances required by any governmental body or agency for the placement or use of the satellite dish and will comply, at its own expense, with all applicable Legal Requirementsrules ordinances, statutes, conditions and requirements with respect to the use and placement of the satellite dish. Tenant may remove the satellite dish at any time and, if requested by Landlord, Tenant shall have remove the exclusive right satellite dish at the expiration or termination of this Lease and shall, at its own expense, make all repairs to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of required to return the Buildings. Additionally, Tenant shall have the right roof to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, its original condition prior to the installation of the satellite dish and, preserve any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and warranty relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal condition of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilitiesroof. Landlord shall not unreasonably interfere with be liable to Tenant for damages in event that Tenant is prohibited or impair restricted from installing or operating the use, operation, maintenance satellite dish by any governmental body or repair agency nor shall Tenant be entitled to any reduction of Rent (other than the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered use fee as provided above) as a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31result thereof.”
Appears in 1 contract
SATELLITE DISH. Subject to compliance with all applicable Legal RequirementsAt no additional cost, Tenant shall have the exclusive right right, at its sole cost and expense, to place, from time to time, install a satellite dishes, antennae transmission and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) receiving dish on the roof of each the Building ("Roof Equipment") for its own use provided (a) Tenant complies with all local, state and federal laws pertaining to the installation, maintenance, operation, removal and replacement of any of Tenant's Roof Equipment; (b) Tenant does not do any act which would invalidate any roof warranty or guaranty which now or hereafter relates to the roof of the Buildings. Additionally, Building; (c) the area required for Tenant's Roof Equipment shall not exceed 1.5 meters and Tenant shall have the right to install such wireobtain Landlord's prior written consent, conduitswhich consent shall not be unreasonably withheld, cables and other materials conditioned or delayed, as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation location and general aesthetics of Tenant's Roof Equipment (provided that Landlord may require adequate screening); (d) Tenant obtains all required operating permits and approvals from any Satellite Dish Facilities, governmental entity with jurisdiction over such activities; (e) Tenant, at its sole cost and expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that maintain the structural system of Tenant's Roof Equipment and adequate insurance thereon; (f) in the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof event of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities Building (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9the roof or any exterior portions thereof) by reason of the installation, 22 maintenance, operation, removal or replacement of any of Tenant's Roof Equipment, Tenant shall, at Landlord's option (1) promptly repair such damage; or (2) promptly reimburse Landlord for reasonable out-of-pocket costs and 31expenses incurred by Landlord in repairing such damage; (g) Tenant shall use such contractors and observe such requirements as reasonably required by Landlord; (h) Tenant shall remove Tenant's Roof Equipment upon the expiration or sooner termination of the Term of this Lease; and (i) the installation and operation of Tenant's Roof Equipment does not adversely affect the operation of any equipment on the roof of the Building pre-dating the installation of Tenant's Roof Equipment. If any transmissions from the Roof Equipment interfere with transmissions sent or received by satellite dishes of other tenants of the Building or adjacent buildings, Tenant will take all measures necessary to eliminate such interference. All maintenance, repair, and removal work performed in connection with the Tenant's Roof Equipment shall be performed using contractors approved by Landlord and observing such requirements as reasonably required by Landlord. The provisions of this section shall survive the termination of this Lease.
Appears in 1 contract
Samples: Sublease Agreement (Exagen Inc.)
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right right, subject to placeand in strict accordance with the terms of this Special Stipulation 18, from time during the Term, including any Extension Term, to timeinstall, use and maintain at Tenant’s sole cost and expense a satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) dish on the roof of each of the BuildingsBuilding, in a location that is mutually acceptable to both parties. AdditionallyTenant shall not be obligated to pay any rent for such dish, and Tenant shall have the right to install such wire, conduits, cables and other materials as necessary run conduit from the dish to connect the Satellite Dishes to Tenant’s allied machinery and equipment Premises through the electrical closets in the Premises (core of the Satellite Dishes Building, all subject to Landlord’s approval. The size of said dish shall not exceed 21 inches in diameter. Tenant shall provide Landlord with plans and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior specifications with regards to the design, location, materials and method of installation of any Satellite Dish Facilities, said dish for Landlord’s consent. Tenant, at its Tenant’s sole cost and expense, agrees to construct such screens or other structures as Landlord shall require to conceal such dish from view so as to lessen any adverse aesthetic impact on the Building and the Park; provided, however, that no such screens or other structure shall be required to provide erected by Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenantthe Building which will in any way impair the operation, at its expenseuse or enjoyment of said dish, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by cause the installation, maintenance operation or removal use of the Satellite Dish Facilities said dish to violate any laws, rules or regulations of any governmental body having jurisdiction. Said dish and any installation relating thereto shall be borne by Tenantinstalled and used in compliance with all laws, rules and regulations of any governmental authority having jurisdiction. Tenant shall indemnify and hold Landlord harmless Landlord from and against any costsand all loss, expensescost, liabilities claim, expense and demand arising from and out of or in any manner connected with Tenant’s installation, use, maintenance, and removal and enjoyment of said dish, and Tenant hereby agrees that any such dish installed or used pursuant to this Lease may be used solely by Tenant, or any subsidiary, parent and/or affiliate of Tenant and in no event shall Tenant have the likeright to assign or sublet any of these rights to any other entities or persons. Tenant shall have the right to remove said dish at any time during the Term, including reasonable attorneys’ feesor by the expiration of the Term, occasioned by provided Tenant repairs any damage to property and injury or death to persons the roof of the Building caused by such installation, maintenance or removal, except said removal to the extent caused by the negligence, willful misconduct or breach of this Lease satisfaction of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s sole expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31.
Appears in 1 contract
SATELLITE DISH. 1. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. Additionally, Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease and the specific terms and conditions of this Rider No. 5, Tenant may, at its sole cost, expense, and risk, erect, maintain, install and operate for the business purposes of Tenant during the Term, a satellite receiving dish antenna not to exceed twenty inches (20”) in diameter (the “Satellite Dish”) and related communications equipment at a location on the roof of the Building designated by Landlord (said location being herein referred to as the “Equipment Space”). Landlord shall not locate the Equipment Space in a place which will cause interference with the normal use and operation of the Satellite Dish; provided, however, that nothing in this Lease shall restrict Landlord’s right to use portions of the roof of the Building in any manner; and provided, further, that Landlord reserves the right (without obligation) to relocate the Satellite Dish to alternate locations, at Landlord’s sole cost, so long as the performance of such Satellite Dish, as relocated, is not materially and adversely affected. Tenant agrees to provide Tenant’s “Satellite Dish Plans and Specifications” (herein so called) for Landlord’s approval prior to installation of the Satellite Dish, or any portion thereof, which approval shall not be unreasonably withheld; provided, however, that without limiting the generality of the foregoing, Landlord shall not be deemed unreasonable for withholding approval of any installation that would damage the integrity of the Building’s roof or otherwise jeopardize the enforceability of any warranty benefiting Landlord. Landlord’s approval of the Satellite Dish Plans and Specifications shall create no responsibility or liability on the part of Landlord for the completeness, design or sufficiency thereof or the compliance of the Satellite Dish with all applicable legal requirements. Tenant shall not materially change, alter, modify or amend the Satellite Dish Plans and Specifications for installation of the Satellite Dish or otherwise alter the installation and/or location of the Satellite Dish without the prior written consent of Landlord (which consent or approval shall not be unreasonably withheld). Tenant’s rights and obligations with respect to Tenant’s use the Equipment Space and occupancy the erection, existence, operation and maintenance of the PremisesSatellite Dish shall be subject to all the terms and conditions of this Lease, including, without limitation, Sections 9, 22 except as expressly provided to the contrary within this Rider No. 5. Tenant acknowledges and 31agrees that nothing contained herein or in the Lease shall be deemed to grant to Tenant any independent right of access to the Equipment Space. All access to the roof of the Building shall under all circumstances be made through and in conjunction with Landlord or its agents and shall be subject to such reasonable controls and restrictions as Landlord may impose from time to time. Landlord shall not be obligated to provide any services to the Equipment Space.
Appears in 1 contract
Samples: Lease Agreement (Sigmatel Inc)
SATELLITE DISH. Subject to compliance Tenant first obtaining all required governmental approvals, Tenant may, at Tenant’s sole cost and expense, install and maintain satellite and microwave antenna, antenna tower(s) and/or base, radio antenna and all related cabling, equipment and/or personalty (collectively, the “Antenna And Equipment Facilities”), on the roof of the Building (the “Antenna And Equipment Site”). The location, size, details of installation and operation of the Antenna And Equipment Site, as well as the specifications and type of Antenna And Equipment Facilities, shall in all respects be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall make the Building riser space available to Tenant for connection of wiring or cables to the Antenna And Equipment Facilities installed on the roof of the Building if and to the extent Landlord has received in advance detailed plans from Tenant identifying the Antenna And Equipment Facilities, the weight of the Antenna And Equipment Facilities and the method of installation, and Landlord has approved such detailed plans, in Landlord’s reasonable discretion. All installation, use, maintenance, repair and replacement, as applicable, of the Antenna And Equipment Facilities and the Antenna And Equipment Site shall be conducted by Tenant in accordance with all applicable Legal Requirementslaws, rules, regulations and ordinances, and such other rules or requirements as Landlord may from time to time reasonably impose. Notwithstanding the foregoing, Landlord makes no representation nor warranty as to the adequacy of such riser space for such purpose, nor whether any Antenna And Equipment Facilities may properly or lawfully be used at the Antenna And Equipment Site without interruption or interference. In addition, Landlord or any local government may require Tenant to shield the Antenna And Equipment Facilities with a screen for aesthetic purposes and, if so requested, Tenant shall promptly comply, at Tenant’s sole cost and expense. Tenant shall be responsible for obtaining and maintaining all approvals, permits and licenses required by any federal, state, or local government for installation, operation, maintenance, repair and replacement of the Antenna And Equipment Facilities and Tenant shall pay all fees attendant thereto. If the Antenna And Equipment Facilities is installed, Tenant shall have sole responsibility for the exclusive right to placemaintenance, repair and replacement thereof and of all cabling and wiring ancillary thereto, without contribution from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as Landlord. Landlord shall not charge Tenant Additional Rent for the “Satellite Dishes”) on the roof of each use of the BuildingsAntenna and Equipment Facilities. AdditionallyHowever, if the insurance premium or real estate tax assessment charged to Landlord with respect to the Building increases as a result of the presence or operation of the Antenna And Equipment Facilities, Tenant shall pay the amount of such increase, as Additional Rent, within fifteen (15) days after Landlord delivers a bxxx for such increase. In the event the use of the Antenna And Equipment Facilities by Tenant ceases or is interfered with for any reason whatsoever, Tenant shall have neither a claim for abatement or diminution of rent, nor a claim for damages, on account of such cessation of use. Tenant covenants that the right ownership, installation, use, maintenance and removal of the Antenna And Equipment Facilities will be at Tenant’s sole risk. Tenant further covenants that it will not permit the Antenna And Equipment Facilities to install be used by others without Landlord’s prior written consent (which may be given or withheld in Landlord’s sole discretion). Tenant agrees to indemnify and save Landlord harmless from and against all claims, actions, damages, liability and expenses, including reasonable attorney’s fees, arising from or relating to the ownership, installation, use and operation, maintenance and repair, and removal of the Antenna And Equipment Facilities and related appurtenances, including (without limitation) any concrete pad upon which the Antenna And Equipment Facilities may be located. To insure such wireindemnity, conduitsall of Tenant’s insurance policies required under this Lease must include the Antenna And Equipment Facilities as an insured risk. In the event the Antenna And Equipment Facilities, cables and other materials as necessary or use thereof, causes damage to connect the Satellite Dishes structure, or to the mechanical or electrical systems of the Building, or interferes with any service provided by Landlord to any tenant or occupant of the Building, Landlord may, upon written notice to Tenant, immediately revoke Tenant’s allied machinery permission to use the Antenna And Equipment Facilities, in which case Tenant shall immediately cease use of and equipment in remove the Premises Antenna And Equipment Facilities. Any failure by Tenant to comply with the provisions of this section shall be a default of this Lease (without the Satellite Dishes necessity of notice), and any such connecting material being collectively referred Landlord may (i) require Tenant to as immediately cease use of and remove the “Satellite Dish Facilities”). However, prior to the installation Antenna And Equipment Facilities and/or (ii) avail itself of any Satellite Dish Facilities, Tenantand all remedies provided under this Lease, at its expense, shall be required law and/or in equity. Prior to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Term of this Lease, Tenant shall remove the Antenna And Equipment Facilities. The ancillary cabling and wiring shall become the property of Landlord and remain in the Building, or be removed by Tenant, at its expenseLandlord’s sole election, may remove the Satellite Dish Facilities belonging to Tenantand if elected by Landlord, but Tenant shall remove any Satellite Dish the Antenna And Equipment Facilities belonging to an unaffiliated third party. Any work required to and related cables and wiring and restore the roof of any roof, the riser space and all other part affected portions of the Buildings from any damage occasioned by Building to the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage same condition in which they existed prior to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) reasonable wear and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenanttear excluded, at Tenant’s expense and in accordance with those requirements imposed by Landlord. In the event Tenant fails to so remove the Antenna And Equipment Facilities, Landlord may remove and dispose the Antenna And Equipment Facilities, at Tenant’s cost and expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by without liability for any such work. Landlord agrees that property of Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenantdisposed of or removed by Landlord. The Satellite Dish Facilities provisions of this Section shall not be considered a part survive the expiration or earlier termination of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31.
Appears in 1 contract
Samples: Disturbance and Attornment Agreement (Clayton Holdings Inc)
SATELLITE DISH. Subject Tenant may lease at no charge up to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) 25 square feet of space on the roof of each the Building so that Tenant may install a satellite transmitting or receiving dish, a microwave antenna and/or repeaters necessary for Tenant’s business (and not for public broadcasting) (individually and collectively, the “Antenna”), provided that (a) the size, location and manner of installation of such Antenna shall be determined by Landlord in its sole discretion, (b) the Antenna shall be located so as to not be visible except from above the Building and Tenant shall install such screens as may be necessary to prevent the visibility of the Buildings. AdditionallyAntenna, Tenant (c) no such Antenna shall be affixed to the roof of the Building by any device which penetrates the roof and Landlord shall have the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to approve in advance Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system mounting of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and TenantAntenna, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membraned) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging bear all costs and liability incurred with respect to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or operation, maintenance, removal and insuring of the Antenna, (e) installation, operation and removal of the Satellite Dish Facilities Antenna shall be borne by Tenantperformed in such manner as is necessary in order to preserve Landlord's roof warranty, and (f) the installation, operation and maintenance of the Antenna is permitted under and performed in full compliance with all applicable laws and the rules and regulations of the Building. Landlord agrees that Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and have the like, including reasonable attorneys’ fees, occasioned by any damage non-exclusive right to property and injury or death to persons caused by such use a pathway in the Building for installation, operation, maintenance or removal, except and removal of equipment connecting the Antenna to the extent caused by Premises; provided that (i) such use of the negligencepathway may be shared with other tenants and Landlord, willful misconduct (ii) Tenant shall make no installation or breach alteration outside of the Premises without Landlord’s prior written consent, and (iii) such use otherwise complies with this Lease of LandlordSection. Tenant shall be responsible for the installation repair and maintenance of the Antenna and all Satellite Dish Facilities (including related equipment and components during the attachment thereto Term of this Lease, at Tenant’s sole cost and expense. Upon the expiration or earlier termination of this Lease, at Landlord’s option Tenant shall either leave the Antenna and related equipment in place or, at Tenant's sole cost and expense, remove said Antenna and all related equipment and components and repair any damage to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities roof and the installation, operation, maintenance Building caused as a result of such use or removal. Any required structural reinforcement shall be made at Tenant's sole cost and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall will be performed by contractors and workers first approved by Landlord, which approval . Landlord will not be unreasonably withheld liable to Tenant or delayed. Howeverto any other person whomsoever for any injury to person or damage to property, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence arising out of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all roof or any other portion of the terms Building in connection with the Antenna and conditions of this Lease with respect to Tenant’s use Tenant hereby indemnifies Landlord from any and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31all liability thereof.
Appears in 1 contract
Samples: Office Building Lease (GrubHub Inc.)
SATELLITE DISH. Subject Landlord shall provide Tenant with reasonable access from the Premises to compliance with all applicable Legal Requirements, the Building’s roof area (subject to the provisions of this Paragraph 6) and the Building’s telecommunications hub and chase way for purposes of Tenant’s connecting and operating Tenant’s telecommunication system in the Premises. Tenant shall have the exclusive right be entitled to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each use at no additional charge a portion of the Buildings. AdditionallyBuilding's roof designated by Landlord for the installation, ADDENDUM TO OFFICE LEASE -4- operation and maintenance of not more than one (1) 18-inch satellite dish provided that (i) Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide furnishes Landlord with a certification by a registered professional structural engineer reasonably detailed specification of such satellite dish and other communications equipment and associated cabling and conduit that the structural system of the roof is adequate Tenant desires to support the superimposed loads produced by any Satellite Dishes at the location install and operate on the roof of Building's roof; and (ii) Landlord approves (which consent shall not be withheld unless a Design Problem exists or Tenant’s proposed installation interferes with or impairs any existing telecommunications systems or equipment located on the roof) such Satellite Dishes satellite dish, equipment, cabling and conduit for installation on the roof, whereupon Landlord, as licensor, and Tenant, at its expenseas licensee, shall be execute Landlord’s standard form Roof Area License Agreement subject to reasonable modifications required by Tenant. Notwithstanding anything to provide the contrary contained in the Roof Area License Agreement executed by Landlord and Tenant, it shall automatically terminate or expire simultaneously with satisfactory assurance that the existing construction materials any termination or expiration of the roof (such as the roof membrane) shall be protected from the Satellite DishesLease. At the expiration or earlier termination of the this Lease, Tenant, Tenant shall at its expenseexpense remove any satellite dish and other communications equipment and associated cabling and conduit installed and/or operated by or on behalf of Tenant on the Building's roof and, may remove using Landlord’s roof contractor (provided the Satellite Dish Facilities belonging to fees charged by such contractor are commercially competitive with the fees charged by comparable contractors performing similar services in Comparable Buildings and further provided that Landlord's contractor can accommodate Tenant's reasonable construction schedule for such removal), but Tenant shall remove make any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the necessary roof of any other part of the Buildings from any damage occasioned repairs caused by the installation, maintenance installation or removal of such dish, equipment, cabling or conduit. In the Satellite Dish Facilities event of any conflict between the provisions of this Paragraph 6 and any Roof Area License Agreement executed by Landlord and Tenant, the provisions of this Paragraph 6 shall govern and control for all purposes. The satellite dish and other communications equipment and associated cabling and conduit shall be borne installed at Tenant's sole cost and expense in a manner to preserve and protect at all times the integrity of the Building's roof and systems. No satellite dish or other equipment, cabling and conduit installed by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and on the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant Building’s roof shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto installed or affixed in any manner so as to the roof) be visible from surrounding streets, highways and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereofbuildings. The installationsatellite dish and other communications equipment and associated cabling and conduit must strictly conform to all applicable governmental ordinances, maintenance building codes, regulations and removal laws. EXCEPT AS HEREBY AMENDED, all other provisions of the Satellite Dish Facilities shall be performed by contractors Lease are hereby confirmed and workers first approved by Landlord, which approval will not be unreasonably withheld or delayedratified. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Leasesignature page follows). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31.
Appears in 1 contract
Samples: Office Lease (Copart Inc)
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. Additionally, Tenant shall have the right to install such wire, conduits, cables maintain and other materials as necessary to connect operate within an area designated by Landlord on the Satellite Dishes to Tenant’s allied machinery and equipment in roof of the Premises Building (the Satellite Dishes and any such connecting material being collectively referred to as “Licensed Area”), during the Term of this Lease, 1 satellite dish (the “Satellite Dish FacilitiesDish”). However) up to 24 inches in diameter (of which the height, prior appearance and installation procedures must be approved in writing by Landlord) in accordance with and subject to the installation of any Satellite Dish Facilities, Tenant, at following terms. Landlord may impose a reasonable architectural review fee in connection with its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system approval of the roof is adequate Dish, and Tenant shall pay same promptly following demand. Tenant shall utilize a contractor acceptable to support Landlord to install the superimposed loads produced Dish, which contractor shall comply with Landlord’s construction rules for the Building, including without limitation Landlord’s standard insurance requirements. Landlord reserves the right upon reasonable notice to Tenant to require either (a) the relocation of all equipment installed by any Satellite Dishes at the Tenant to another location on the roof of the Building, or (b) the removal of any or all of such Satellite Dishes equipment should Landlord determine that its presence may result in damage to the Building and that Tenant has not made satisfactory arrangements to protect Landlord therefrom. Tenant shall use the Licensed Area only for the operation and maintenance of the Dish and the necessary mechanical and electrical equipment to service the Dish. The right to utilize the Dish and Licensed Area shall be limited solely to Tenant, and in no event may Tenant assign or sublicense such right (except in connection with a transfer to a Tenant Affiliate as described in Section 9.1(f) hereof). Tenant shall not use or permit any other person to use the Licensed Area for any improper use or for any operation which would constitute a nuisance, and Tenant shall at all times conform to and cause all persons using any part of the Licensed Area to comply with all public laws, ordinances and regulations from time to time applicable thereto and to all operations thereon. Tenant shall require its employees, when using the Licensed Area, to stay within the immediate confines thereof. In the event a cable television system is operating in the area, Tenant shall at all times conduct its operations so as to ensure that the cable television system shall not be subject to harmful interference as a result of such operations by Tenant. Upon notification from Landlord of any such interference, Tenant agrees to immediately take the necessary steps to correct such situation, and Tenant, at its expense, ’s failure to do so shall be required to provide deemed a default under the terms of this Lease. During the Lease Term, Tenant shall comply with any standards promulgated by applicable governmental authorities or otherwise reasonably established by Landlord with satisfactory assurance regarding the generation of electromagnetic fields. Should Landlord determine in good faith at any time that the existing construction materials Dish poses a health or safety hazard to occupants of the roof (such as Building, Landlord may require Tenant to remove the roof membrane) Dish or make other arrangements satisfactory to Landlord. Any claim or liability resulting from the use of the Dish shall be protected from subject to Tenant’s indemnification obligation as set forth in Section 10.3 of the Satellite DishesLease. At Upon the expiration or earlier termination of the this Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite the Dish Facilities belonging to an unaffiliated third party. Any work required to and all other equipment installed by it and shall restore the roof of any other part of Licensed Area to its original condition. Tenant understands and agrees that should it fail to install the Buildings from any damage occasioned by Dish within 180 days following the installationCommencement Date, maintenance or removal of the Satellite Dish Facilities then Tenant’s right to install same thereafter shall be borne by Tenant, null and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31void.
Appears in 1 contract
SATELLITE DISH. Subject to compliance with To the extent legally permitted, and so long as Tenant is leasing all applicable Legal Requirementsor substantially all of the Building, Tenant shall have the non-exclusive right right, together with Landlord, to placeinstall certain communications equipment (e.g., from time to timea satellite dish or antenna, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”related equipment) on the roof of each the Building, in a location mutually acceptable to Landlord and Tenant. Tenant shall coordinate the installation of, and access to, the communications equipment with Landlord’s property manager, and shall perform the installation in accordance with Landlord’s guidelines. The installation of the Buildingscommunications equipment shall be completed in a workmanlike manner and in accordance with all applicable laws and regulations. Additionally, Tenant shall have install the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and communications equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred a manner acceptable to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by TenantLandlord, and Tenant shall indemnify comply with all roof and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlordfloor load limitations. Tenant shall be solely responsible for obtaining any permits or licenses necessary to install the installation of all Satellite Dish Facilities (including the attachment thereto communications equipment, and shall indemnify Landlord for any costs which Landlord might incur due to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operationoperation and maintenance thereof. Tenant shall cause its general liability and casualty policies to cover the communications equipment. Upon the expiration or termination of this Lease, maintenance Tenant shall remove the communications equipment at Tenant’s sole cost and repair thereofexpense, and shall restore the Project to its original condition, reasonable wear and tear excepted; and, if Tenant elects fails to remove the Satellite Dish Facilitiessame, or for those Satellite Dish Facilities for which removal is required, for then the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities communications equipment shall be performed by contractors deemed abandoned, and workers first approved by LandlordLandlord may cause the same to be removed, which approval will not and the Project to be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenantrestored, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, which expense shall be considered Additional Rent. If the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to real estate taxes or insurance premiums for the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, Building are increased as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair a result of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilitiesthe communications equipment, without Landlord’s consent, but then Tenant shall give Landlord written notice of the existence pay its share of any such subleases from time increase directly attributable to time such installation upon Landlord’s requestreceipt of adequate documentation. All revenues derived from Notwithstanding the terms of this Section 12.06, Landlord makes no representations as to whether any such third party subleases shall belong to Tenantcommunications equipment is presently permitted under the current zoning ordinances affecting the Project. The Satellite Dish Facilities shall not be considered a part In the event that Landlord installs any communications equipment on the roof of the Premises for Building, Landlord agrees to perform such installation in a manner which will not materially impair the purpose rights of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under Tenant pursuant to this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31Section 12.06.
Appears in 1 contract
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof After approval of each of the Buildings. Additionally, Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved specific plans by Landlord, which approval will shall not be unreasonably withheld or delayed. However, Tenant, at its sole cost and expense (provided that Landlord reserves shall not charge Tenant for roof-top use), shall have the right to require Tenanterect, at maintain and operate on the roof of the Premises communications facilities, including radio transmitting and receiving antennas, microwave dishes (not to exceed one (1) meter in diameter) and supporting structures thereto (the “Tenant’s expensefacilities”). Tenant’s installation, to construction and ongoing maintenance of Tenant’s facilities shall be performed in a workmanlike manner, Tenant shall use Landlord’s roofing contractor in connection therewith ifsubcontractor to perform any roof penetrations, in and any damage to the Premises caused by Tenant and Tenant’s suppliers and/or subcontractors shall be reported to Landlord and shall be repaired by Tenant at its sole cost and expense. Any Tenant’s facilities installed hereunder shall meet all applicable Laws and shall not interfere with the reception of television, radio or other electronic signals or the operation of any equipment used on the Riverwalk Project by any other tenant or other occupants of the Riverwalk Project, or by owners or tenants of surrounding properties and/or buildings. If Tenant’s operation of Tenant’s facilities interferes with the operation of any other existing antenna or satellite dish at the Riverwalk Project, Tenant shall immediately work with the affected party and Landlord to attempt to resolve the problem, if feasible. Title to Tenant’s facilities shall be held by Tenant at all times. Tenant’s facilities shall remain Tenant’s personal property and are not fixtures. Tenant has the right to remove all Tenant’s facilities at its sole cost and expense on or before expiration of the Term, provided that Tenant shall be responsible for repairing any damage to the Premises resulting from said removal to the reasonable satisfaction of Landlord. Tenant’s liability insurance shall include coverage for the installation, operation, maintenance, repair and removal of Tenant’s facilities and Tenant shall pay any increases to Landlord’s reasonable judgment, insurance caused by the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilitiessame. Landlord shall not unreasonably interfere be required to make any improvements or alterations to the roof in order to accommodate the installation or operation of Tenant’s facilities. Tenant’s facilities shall be used only by Tenant in connection with or impair the usePermitted Use (that is, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease not permit third parties, other than Tenant’s bona fide assignees or sublessees that are in actual occupancy at the Premises to unaffiliated third parties rooftop rights place a communication equipment upon the Premises for use by or for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence benefit of any such subleases from time third party). Landlord shall not permit others who are not bona fide tenants or occupants of the Premises to time upon Landlorduse roof top space or to place equipment on the roof of the Premises without Tenant’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities express prior written consent, which consent shall not be considered a part unreasonably withheld, conditioned or delayed. Landlord shall use commercially reasonable efforts to not permit any other communication equipment of those who become tenants or occupants of portions of the Premises for Riverwalk Project controlled by Landlord and its affiliates after the purpose Date of determining this Lease to interfere with Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). Howeverfacilities, Tenant’s use communications equipment or the signals emitted or received by that equipment. Tenant shall reasonably support Landlord’s efforts by providing to Landlord promptly following Landlord’s request therefor, written detailed specifications of Tenant’s communications equipment and by providing any information reasonably requested by Landlord or any tenant or occupant of the Satellite Dish Facilities is otherwise subject Riverwalk Project reasonably related to all the prevention of the terms and conditions of this Lease potential interference with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31communication equipment.
Appears in 1 contract
Samples: Medicis Pharmaceutical Corp
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings1. Additionally, Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location lease space on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord the Building for the purpose of installing (in accordance with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination Section IX.C of the Lease), Tenantoperating and maintaining one or more dish, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any antenna or other part of the Buildings from any damage occasioned communication device approved by the installation, maintenance or removal of Landlord ( collectively the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord"Dish/Antenna"). Tenant shall pay, in addition to all other amounts required to be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and paid under this Lease, Landlord's scheduled rates for all costs and expenses arising from and relating to roof space so leased, provided such rates shall not exceed rates then being charged for leases of roofs of comparable buildings in the Satellite Dish Facilities and the installationBellevue, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or Washington area. Landlord's current scheduled rates for those Satellite Dish Facilities for which removal roof space is required, for the removal thereof. attached as Exhibit G. The installation, maintenance and removal exact location of the Satellite Dish Facilities space on the roof to be leased by Tenant shall be performed designated by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayedLandlord (the "Roof Space"). However, Landlord reserves the right to require relocate the Roof Space, at Landlord's cost, as reasonably necessary during the Lease Term. Landlord's designation shall take into account Tenant's use of the Dish/Antenna. Notwithstanding the foregoing, Tenant's right to install the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the "Plans and Specifications") shall be submitted to Landlord for Landlord's written approval no later than twenty (20) days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord determines that the Dish/Antenna equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its sole discretion, deems it necessary, Tenant shall provide and install, at Tenant’s 's sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of Dish/Antenna (the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease"Aesthetic Screening"). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31.
Appears in 1 contract
SATELLITE DISH. Subject Notwithstanding anything to compliance with all applicable Legal Requirementsthe contrary contained in this Lease, the Landlord hereby agrees that at any time during the Term, the Tenant shall have the exclusive Non-Exclusive right to placeinstall, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each the Building, a satellite dish (the “Dish”). The Tenant agrees and acknowledges, however, that the location of any Dish, the method of any such installation, and the type of Dish proposed to be installed shall be subject to: (i) compliance by the Tenant with all applicable laws, rules, regulations and the like pertaining thereto; (ii) the consent by the Landlord, which consent shall not be unreasonably withheld provided that the Landlord and the Landlord’s engineers are satisfied therewith; and (iii) a determination to be made that such Dish will not interfere with any other equipment or use thereof located in, on or in the vicinity of the BuildingsBuilding, and that such Dish will not be visible from the exterior of the Building. If Tenant shall install such Dish, (a) the Tenant shall do so at its own cost and expense and in accordance with all applicable laws, rules and regulations, including, without limitation, reimbursement to Landlord for its third party engineers, if applicable; (b) the Tenant shall maintain such Dish in accordance with the Landlord’s reasonable rules and regulations; and (c) the Tenant shall install such Dish in a manner so as to maintain in full force and effect any applicable roof and/or construction related warranties, failing which the Tenant shall promptly reimburse the Landlord for any costs and expenses incurred by the Landlord as a result of such failure. Additionally, the Tenant shall have the right to install such wiredefend, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold the Landlord harmless Landlord from and against any costsclaims, expenses, liabilities costs and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused expenses incurred by the negligenceLandlord as a result of such installation by the Tenant or in any other manner in connection with such Dish, willful misconduct or breach of this Lease of Landlordincluding, without limitation, all costs and expenses relating to roof and/or wall penetrations. If the Tenant shall install such Dish, the Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, andat the Tenant’s sole cost and expense, if Tenant elects to remove and such Dish shall be at the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal sole risk of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expensethe Landlord having no obligation with respect to any insurance relating thereto. Also, to use Landlord’s roofing contractor in connection therewith ifthe Tenant hereby agrees, in Landlord’s reasonable judgment, upon the Landlord’s roof warranty may be affected notice requesting same, to remove or relocate such Dish and to repair any and all damage caused by any such workremoval or relocation. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord At the expiration or other termination of this lease, such Dish shall have access to remain the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair property of the Satellite Dish Facilities. Tenant, and shall be removed by the Tenant may sublease to unaffiliated third parties rooftop rights for at its own cost and expense, and the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give repair any and all damage caused by such removal, at its own cost and expense, in accordance with all applicable laws, rules and regulations, and in such a manner so as to maintain in full force and effect any applicable roof and/or construction related warranties, failing which the Tenant shall reimburse the Landlord written notice for any costs and expenses incurred by the Landlord as a result of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31failure.
Appears in 1 contract
Samples: Lease (GTC Biotherapeutics Inc)
SATELLITE DISH. Subject Landlord hereby grants Tenant the right, at Tenant’s sole cost and expense, but without payment of any rent or fee to compliance with all applicable Legal RequirementsLandlord, Tenant shall have the exclusive right to placeinstall, maintain and replace from time to time, time up to three (3) satellite dishes, dishes or similar antennae and other communication or transmission devices devise(s) (such devices being referred to as the hereinafter “Satellite DishesDish”) on the roof of each the Building, subject to the following: (a) applicable Governmental Requirements; (b) the right of Landlord to supervise any roof penetrations; (c) compliance with the conditions of any roof bond maintained by Landlord on the Building, (d) the right of Landlord to approve the location of the Buildings. AdditionallySatellite Dish, Tenant which approval shall have not be unreasonably withheld or delayed, and (e) Landlord’s approval of the right to install such wire, conduits, cables plans and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to specifications for the installation of any such Satellite Dish, which approval shall not be unreasonably withheld or delayed. Any Tenant installations which negatively affect Landlord’s roof warranty shall be supervised by Landlord’s roofing contractor and, if desired by Landlord, performed by Landlord’s roofing contractor, at Tenant’s expense. Each Satellite Dish Facilitiesis to be equal to or less than six (6’) feet in diameter. Any such satellite dishes and the cables, wires and transformers related thereto are referred to as “Communications Equipment”. The Tenant shall advise the Landlord at least ten (10) Business Days in advance of the planned installation of such Communications Equipment, including detailed information and plans with respect to specific equipment, location, frequencies, operating characteristics, and any cabling requirements and shall comply with any reasonable request of Landlord with respect to the installation thereof. Tenant shall be responsible for any damage to the Building and any injury to person or property caused by installing, maintaining or removing the Satellite Dish and Communications Equipment. At the expiration or earlier termination of this Lease, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third partyand Communications Equipment. Any work required to restore the roof of or any other part of the Buildings Building from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities and Communication Equipment shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities and Communications Equipment shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access subject to the Satellite Dish Facilities obligations imposed upon the Tenant in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to the Tenant’s use and occupancy of the Premises; provided, includinghowever, without limitationthat there shall be no additional consideration due from the Tenant with respect to the rights granted to the Tenant pursuant to this Section. Landlord expressly disclaims any representation or warranty with respect to condition of the roof of the Building for purposes of receiving Tenant’s Satellite Dish and Communications Equipment. The Satellite Dish and Communications Equipment shall remain the exclusive property of Tenant, Sections 9and Tenant shall have the right to remove same at any time during the Term of this Lease. Tenant shall have access and the right to run telephone, 22 CRT and 31other cables through the existing Building utility systems and areas with the prior consent of Landlord, which consent shall not be unreasonably withheld if same will not damage the Building or interfere with such utility systems. The Satellite Dish and all Communications Equipment shall be exclusively for Tenant’s (and it’s permitted assignees’ and subtenants’ pursuant to Section 23 hereof) use in connection with its business operations on the Premises, and no rights to such Satellite Dish and/or Communications Equipment may be granted by Tenant to third parties not permitted to occupy the Premises or a portion thereof. Landlord shall not, and shall not suffer or permit any other person or entity to, install any telecommunications or other equipment on the roof of the Building that is located between the Satellite Dish and the edge of the roof within the so-called “line of sight” of either Satellite Dish installed by Tenant.
Appears in 1 contract
Samples: Lease (Burger King Holdings Inc)
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. Additionally, Tenant shall have the right to install either a roof-mounted, wall mounted or other exterior satellite dish antenna at the Facility together with such wire, conduits, cables other wiring and other materials as equipment necessary to connect the Satellite Dishes antenna to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”)Facility. However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall Tenant will be required to provide Landlord with a certification by a registered professional structural engineer that the structural system solely responsible for obtaining all of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes necessary permits, licenses and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible approvals necessary for the installation and operation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereofantenna. The installation, maintenance and removal of the Satellite Dish Facilities shall antenna will be performed by contractors and workers first placed in a location approved by Landlord, which approval will not be unreasonably withheld or delayedwithheld. However, If the antenna is located on the roof of the Facility it will be installed so as not to penetrate the membrane of the roof. Tenant will be solely responsible for maintenance and repair of the antenna. Tenant will retain title to the antenna regardless of its location and means of attachment and Tenant will remove the antenna and repair any damage to the Facility caused by such removal at the end of the Term. Landlord reserves hereby grants Tenant the right and easement to require access the antenna at reasonable times to install, inspect, maintain, repair and remove the antenna as Tenant deems necessary. Landlord acknowledges that the Facility must be and remain connected to Tenant’s corporate terrestrial broadband data communications network (the “Network”) in order for Tenant to conduct its business at the Facility. Xxxxxxxx authorizes Tenant to perform such work as may be necessary, within or outside the Facility, to permit Tenant to properly connect the Facility to the Network and thereafter maintain such connection, all at Tenant’s expenseexpense and in accordance with plans prepared by Tenant and approved by Landlord, which approval may not be unreasonably withheld. Xxxxxxxx agrees to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, cooperate fully with Tenant to secure the Landlord’s roof warranty may be affected by any permits and approvals necessary to the performance of such work and to facilitate completion of such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved If, for any reason other than the act or omission of Tenant, including the inadequacy of facilities or services provided by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as requireda Local Exchange Carrier or other provider, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part connection of the Premises to the Network cannot be accomplished within a time or at a cost acceptable to Tenant, or the connection is broken or becomes inadequate for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). Howeverpurposes, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of then Tenant may terminate this Lease with respect by written notice to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31Landlord.
Appears in 1 contract
Samples: Lease Agreement
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Landlord grants to Tenant shall have the exclusive right a license to placeinstall, from time to time, satellite dishes, antennae operate and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) maintain on the roof of each the Building at any time during the Term, one (1) satellite dish antenna and/or a microwave antennae (the “Satellite Dish”) which does not exceed 18 inches in diameter and 60 inches in height. The Satellite Dish shall be installed at a location or locations mutually acceptable to Landlord and Tenant and shall be compatible with the design requirements of the BuildingsBuilding. Additionally, Tenant shall have the right to install such wire, conduits, cables necessary conduit and other materials as necessary sleeving (not to exceed three-quarter (3/4) inch) in risers designated by Landlord to connect the Satellite Dishes Dish from the roof to Tenant’s allied machinery and equipment the point of connection in the Premises (Premises. All work for installation of the Satellite Dishes Dish shall be performed in accordance with the provisions of Article 9 of this Lease and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). Howeverand all related equipment (including, prior to the installation of any Satellite Dish Facilitiesbut not limited to, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes all wire and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membraneconduit) shall be protected from the Satellite Dishes. At removed by Tenant at the expiration or earlier termination of the Lease, Tenant, at its expense, Term. Landlord may remove require Tenant to use Landlord’s contractors and employees to install the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third partyand all related equipment. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the The installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed at Tenant’s sole cost, liability and expense and Tenant shall promptly repair any damage to the Building caused by contractors the installation, operation or removal of the Satellite Dish. Tenant shall obtain and workers first approved by Landlordpay for all necessary federal, state, and local licenses and permits necessary to install, operate and maintain the Satellite Dish. Tenant shall install, operate and maintain the Satellite Dish in a safe and legal manner. In addition, Tenant shall install, operate and maintain the Satellite Dish so as to avoid any interference with the operation of the Building, or the use or operation of any communications equipment of Landlord in, on or from the Building (installed at any time during the Term) or the use or operation of any communication equipment of other parties in, on or from the Building which approval will not be unreasonably withheld or delayed. However, existed prior to the installation of Tenant’s Satellite Dish and Landlord reserves shall have the right to require Tenantimmediately shut down the operation of the Satellite Dish if it causes such interference. Upon reasonable advance notice to the Building manager, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to installroof of the Building for purposes of installing, operateoperating, maintain, inspect maintaining and remove, as required, removing the Satellite Dish Facilitiesduring Business Hours except in the event of an emergency. Tenant shall indemnify, defend and hold harmless Landlord and the Landlord Parties from all claims, liabilities, damages and expenses (including attorneys’ fees) asserted against or incurred by any of said parties and arising from or by reason of the installation, maintenance, operation of removal of the Satellite Dish. Tenant shall not unreasonably interfere with have Tenant’s commercial general public liability insurance endorsed to specifically cover liabilities arising out of the use or impair the use, operation, maintenance or repair operation of the Satellite Dish Facilities. Tenant may sublease and to unaffiliated third parties rooftop rights for the provide Landlord with evidence of such endorsement prior to installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31Dish.
Appears in 1 contract
SATELLITE DISH. Subject to compliance Provided that Tenant complies with all applicable Legal Requirementsterms of this Section 26, Tenant shall have may, at its risk and expense, install a satellite dish and related wiring (collectively, the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”"SATELLITE DISH") on the roof of each of the BuildingsBuilding at a location approved by Landlord. AdditionallyBefore installing the Satellite Dish, Tenant shall have submit to Landlord for its approval (which approval shall be in Landlord's sole discretion) plans and specifications which (1) specify in detail the right to install such wiredesign, conduitslocation, cables size, and other materials as necessary to connect frequency of the Satellite Dishes Dish and (2) are sufficiently detailed to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to allow for the installation of any the Satellite Dish Facilitiesin a good and workmanlike manner and in accordance with all laws. If Landlord approves of such plans, TenantTenant shall install (in a good and workmanlike manner), maintain and use the Satellite Dish in accordance with all laws, rules and regulations and shall obtain all permits required for the installation and operation thereof; copies of all such permits must be submitted to Landlord before Tenant begins to install the Satellite Dish. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Satellite Dish while it is on the Building and operate and maintain the Satellite Dish in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Satellite Dish with a parapet wall or other screening device in each case acceptable to Landlord. Tenant shall maintain the Satellite Dish and the screening therefor in good condition and repair. Tenant shall, at its risk and expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that remove the structural system Satellite Dish, within five days after the occurrence of any of the roof is adequate following events: (A) the termination of Tenant's right to support possess the superimposed loads produced by any Satellite Dishes at Premises; (B) the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease; (C) the expiration of the Term; or (D) Tenant's vacating the Premises. If Tenant fails to do so, Tenant, at its expense, Landlord may remove the Satellite Dish Facilities belonging or store or dispose of it in any manner Landlord deems appropriate without liability to Tenant, but ; Tenant shall remove reimburse Landlord for all costs incurred by Landlord in connection therewith within ten days after Landlord's request thereof. Tenant shall repair any damage to the Building caused by or relating to the Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore or the roof of any other part of the Buildings screening device, including that which is caused by its installation, maintenance, use, or removal and shall indemnify Landlord against all liabilities, losses, damages, and costs (a "LOSS") arising from any damage occasioned by the installation, maintenance maintenance, use, or removal of the Satellite Dish Facilities shall be borne by TenantDish, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of LandlordINCLUDING THAT CAUSED BY LANDLORD'S NEGLIGENCE (UNLESS THE LOSS IN QUESTION WAS CAUSED BY LANDLORD'S SOLE OR GROSS NEGLIGENCE OR WILFUL MISCONDUCT). Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and All work relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenantshall, at Tenant’s 's expense, to use be coordinated with Landlord’s 's roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof so as not to affect any warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31Building's roof.
Appears in 1 contract
Samples: Lease (Clark/Bardes Holdings Inc)
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. Additionally, A. Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location lease space on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord the Building for the purpose of installing (in accordance with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination Section IX.C of the Lease), Tenant, at its expense, may remove operating and maintaining a 36 inch dish/antenna or other communication device approved by the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third partyLandlord (the "Dish/Antenna"). Any work required to restore The exact location of the space on the roof of any other part of the Buildings from any damage occasioned to be leased by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for designated by Landlord and shall not exceed 9 square feet (the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof"Roof Space"). The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require relocate the Roof Space as reasonably necessary during the Term. Landlord's designation shall take into account Tenant's use of the Dish/Antenna. Notwithstanding the foregoing, Tenant's right to install the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the "Plans and Specifications") shall be submitted to Landlord for Landlord's written approval no later than 20 days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord determines that the Dish/Antenna equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its sole discretion, deems it necessary, Tenant shall provide and install, at Tenant’s 's sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of Dish/Antenna (the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease"Aesthetic Screening"). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31.
Appears in 1 contract
SATELLITE DISH. Subject to compliance with all applicable Legal RequirementsProvided that Tenant first obtains Landlord’s written approval, Tenant shall have the exclusive right to placemay, at its sole cost and expense, but under Landlord’s supervision, install, maintain and from time to time, time replace a satellite dishes, dish or antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. Additionally, Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to for Tenant’s allied machinery and equipment in internal corporate use only, together with a connection to the Premises (the Satellite Dishes and such dish or antennae, together with any such connecting material being lines, wires, conduits or related improvements installed by Tenant in connection therewith, are collectively referred to as the “Satellite Dish FacilitiesDish”), with a non-penetrating base on the roof of the Building, in accordance with specifications reasonably approved in advance by Landlord, provided that (a) Tenant shall obtain Landlord’s prior approval of the proposed location of the Dish and the method for fastening the Dish to the roof, (b) Tenant shall, at its sole cost and expense, comply with all governmental requirements, the conditions of any bond, warranty or insurance maintained by Landlord on the roof and any applicable requirements of any covenants, conditions and restrictions affecting the Property, (c) Tenant shall not interfere with any other satellite dish or antennae or communication equipment on the roof, and (d) the Dish is within the roof screen walls so as not to be visible from the exterior of the Building. HoweverTenant shall repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Dish. The Dish shall remain the property of Tenant, and Tenant may, at its sole cost and expense, remove the Dish at any time during the Term. Tenant shall, at its sole cost and expense, remove the Dish prior to the expiration of the Term or sooner termination of the Lease. On removal of the Dish, Tenant shall repair and restore the area(s) of the Building concerned to their condition prior to the installation of the Dish. If Tenant is in default under the Lease beyond any Satellite Dish Facilitiesapplicable cure period, TenantLandlord may, at its Tenant’s sole cost and expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that remove the structural system Dish and repair and restore the area(s) of the roof is adequate Building concerned to support their condition prior to the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials installation of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by TenantDish, and Tenant shall indemnify promptly reimburse Landlord for all costs and expenses incurred by Landlord in connection with such removal, repair and restoration and any storage of the Dish. Tenant shall indemnify, defend and hold harmless Landlord from any costsand against all claims, expensesliabilities, liabilities and the likelosses, including reasonable attorneys’ feesdamages, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9attorneys’ fees and costs, 22 incurred by or asserted against Landlord and 31arising out of Tenant’s installation, maintenance, replacement, use or removal of the Dish.
Appears in 1 contract
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right right, subject to placeall applicable federal, from time state, local or municipal laws, building codes, rules, regulations or ordinances governing the Project, and subject to timethe terms of this Section 31 and the other terms of this Lease, to install a satellite dishes, antennae and other communication dish or transmission devices antenna (such devices being referred to as the “Satellite DishesDish”) on the exterior roof of each of the BuildingsBuilding in which the Premises is located in such location as is mutually agreeable to Landlord and Tenant. AdditionallyPrior to installation, Tenant shall have the right submit to install such wireLandlord for approval (which approval shall not be unreasonably withheld, conduitsconditioned, cables or delayed) all plans, drawings and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to specifications for the installation of the Satellite Dish. Tenant shall be responsible at its sole expense for obtaining any and all necessary permits, licenses or approvals from governmental authorities having jurisdiction over the Project or the Satellite Dish. All costs associated with the installation, operation (including without limitation, electrical service), maintenance, repair and removal of the Satellite Dish Facilities, shall be borne by Tenant, . The Satellite Dish shall remain the personal property of Tenant during the Lease Term and shall not be deemed a fixture and Tenant shall be responsible at its expensesole expense for insuring the same with full replacement cost coverage. All installation, maintenance, repair or removal work shall be required performed by qualified and insured individuals or contractors in a good and workmanlike manner and in a manner so as not to provide invalidate any guarantee or warranty relating to the roof over the building in which the Premises is located, and Tenant agrees to hold harmless, indemnify and defend Landlord with from any and all loss, costs (including reasonable attorneys’ fees), liability, damages or claims asserted against or incurred by Landlord relative to the performance of such work or a certification by a registered professional structural engineer that the structural system breach of the roof is adequate foregoing covenants of Tenant. Landlord may require Tenant to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to or upon Tenant’s vacating or abandoning the Premises or Landlord’s eviction of Tenant from the Premises, but and in any event, Tenant shall remove any the Satellite Dish Facilities belonging promptly upon termination of this Lease. Tenant shall repair any damage to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings arising from any damage occasioned by the installation, maintenance installation or removal of the Satellite Dish Facilities and shall be borne by Tenant, and Tenant shall indemnify and hold harmless and indemnify Landlord from any costs, expenses, liabilities and against costs of same. If the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal operation of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term causes interference with any other satellite dish or antenna or electronic equipment (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9telephones, 22 televisions, computers or communication equipment) of other tenants or occupants of the Project operating as of the date hereof and 31such interference cannot reasonably be resolved within fifteen (15) days, then Tenant shall remove the Satellite Dish within forty-eight (48) hours of Landlord’s written request, or make such adjustments as are necessary to halt further interference. Likewise, if Landlord places or allows to be placed any antenna electronic equipment of other tenants or occupants of the Project after Tenant’s initial installation of its Satellite Dish that causes interference with the Satellite Dish, Landlord shall, upon receipt of written notice, require the owner of the interfering equipment to (i) eliminate such interference within three (3) days or (ii) cease operating the interfering equipment.
Appears in 1 contract
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. Additionally, Tenant shall have the right to install either a roof-mounted, wall mounted or other exterior satellite dish antenna at the Facility together with such wire, conduits, cables other wiring and other materials as equipment necessary to connect the Satellite Dishes antenna to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”)Facility. However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall Tenant will be required to provide Landlord with a certification by a registered professional structural engineer that the structural system solely responsible for obtaining all of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes necessary permits, licenses and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible approvals necessary for the installation and operation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereofantenna. The installation, maintenance and removal of the Satellite Dish Facilities shall antenna will be performed by contractors and workers first placed in a location approved by Landlord, which approval will not be unreasonably withheld or delayedwithheld. However, If the antenna is located on the roof of the Facility it will be installed so as not to penetrate the membrane of the roof. Tenant will be solely responsible for maintenance and repair of the antenna. Tenant will retain title to the antenna regardless of its location and means of attachment and Tenant will remove the antenna and repair any damage to the Facility caused by such removal at the end of the Term. Landlord reserves hereby grants Tenant the right and easement to require access the antenna at reasonable times to install, inspect, maintain, repair and remove the antenna as Tenant deems necessary. Landlord acknowledges that the Facility must be and remain connected to Tenant’s corporate terrestrial broadband data communications network (the “Network”) in order for Tenant to conduct its business at the Facility. Landlord authorizes Tenant to perform such work as may be necessary, within or outside the Facility, to permit Tenant to properly connect the Facility to the Network and thereafter maintain such connection, all at Tenant’s expenseexpense and in accordance with plans prepared by Tenant and approved by Landlord, which approval may not be unreasonably withheld. Landlord agrees to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, cooperate fully with Tenant to secure the Landlord’s roof warranty may be affected by any permits and approvals necessary to the performance of such work and to facilitate completion of such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved If, for any reason other than the act or omission of Tenant, including the inadequacy of facilities or services provided by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as requireda Local Exchange Carrier or other provider, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part connection of the Premises to the Network cannot be accomplished within a time or at a cost acceptable to Tenant, or the connection is broken or becomes inadequate for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). Howeverpurposes, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of then Tenant may terminate this Lease with respect by written notice to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31Landlord.
Appears in 1 contract
Samples: Lease Agreement
SATELLITE DISH. Subject Landlord hereby grants Tenant the right, at Tenant's sole cost and expense, but without payment of any rent or fee to compliance with all applicable Legal RequirementsLandlord, Tenant shall have the exclusive right to placeinstall, maintain and replace from time to time, time a satellite dishes, dish(s) or similar antennae and other communication devise(s) (hereinafter "Satellite Dish") on the Building Land or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. AdditionallyBuilding, Tenant shall have subject to the following: (a) applicable governmental laws; (b) the right of Landlord to install such wire, conduits, cables and other materials as necessary to connect supervise any roof penetrations; (c) compliance with the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation conditions of any Satellite Dish Facilities, Tenant, at its expense, shall be required roof bond maintained by Landlord on the Building and (d) the right of Landlord to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at approve the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities Dish, which approval shall not be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlordunreasonably withheld. Tenant shall be responsible for the installation repair of all Satellite Dish Facilities (including any damage to any portion of the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the Building or Building Land caused by Tenant's installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, use or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to TenantDish. The Satellite Dish Facilities shall not be considered a part remain the exclusive property of Tenant, and Tenant shall have the right to remove same at any time during the term of the Premises for the purpose Lease. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against any and all claims, damages, liabilities, costs or expenses of determining Tenant’s rental obligations under the Lease every kind and no Rent therefor shall be charged during the Term nature (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9reasonable attorneys' fees) imposed upon or incurred by or asserted against Landlord arising out of Tenant's installation, 22 maintenance, use or removal of the Satellite Dish. Tenant shall have access and 31the right to run telephone, CRT and other cables through the existing Building utility systems and areas with the prior consent of Landlord, which consent shall not be unreasonably withheld if same will not damage the Building or interfere with such utility systems. Tenant shall not be required to remove any of its cabling upon the termination of this Lease. Landlord shall not, and shall not suffer or permit any other person to, install or operate on the roof of the Building or elsewhere in the Building or on the Land any telecommunications or other equipment which interferes with the proper functioning of any telecommunications antenna or equipment installed by Tenant.
Appears in 1 contract
SATELLITE DISH. Subject Strictly subject to compliance with all applicable Legal Requirementsthe terms and conditions hereof, Tenant shall have is hereby granted a non-exclusive license during the exclusive right Term to placeinstall; repair, from time maintain and remove telecommunication equipment to timeinclude but not be limited to parabolic antenna (e.g., a satellite dishes, antennae and other communication or transmission devices dish) with a maximum diameter of approximately eighteen inches (such devices being referred to as the “Satellite Dishes18”) on the roof of each the Building. Tenant shall install said equipment and cables solely in a location designated by Landlord (not to exceed 500 square feet on the roof and one (1) 1-inch cable in the riser space in a telephone closet) and in a manner and pursuant to plans (the “Plans”) approved in writing in advance by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. In no event shall the telecommunication equipment or related equipment or cables be visible from any of the Buildingsstreets or sidewalks adjacent to the Building. Additionally, Tenant shall have use reasonable efforts to provide that the right to install such wireequipment complies with the reasonable architectural standards established by Landlord. All installation, conduitsrepair, cables maintenance and other materials as necessary to connect the Satellite Dishes to removal work shall be performed by contractors approved in advance by Landlord, which approval shall not be unreasonably untitled, conditioned or delayed. All costs of installation (including additional coring, power or conduit, if necessary) shall be at Tenant’s allied machinery and expense. Tenant shall employ the roofer designated by Landlord in connection therewith so that the warranty on the roof is not impaired or reduced in any way as a result of such installation, repair, maintenance or removal work. In no event shall Tenant install or replace any equipment which differs from that described in the Premises Plans without Landlord’s consent which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall promptly provide Landlord with such other information concerning the equipment and cables (the Satellite Dishes and any such connecting material being collectively referred to as collectively, the “Satellite Dish FacilitiesSystem”)) and the installation thereof, as Landlord may reasonably request from time to time. However, prior Tenant shall deliver to Landlord as soon as practicable after completion of the installation of any Satellite Dish Facilities, Tenant, at its expense, the System two sets of “as built” plans for the System. All of the work shall be required performed by Tenant and its contractors in a safe, good and workmanlike manner, strictly in conformance with all applicable Laws, including without limitation, the Chicago Building Code and zoning ordinances, as well as the commercially reasonable recommendations of Landlord’s casualty insurers. Tenant acknowledges and agrees that Landlord has made no representation or warranty of any land as to provide (i) the suitability of any location approved by Landlord with a certification by a registered professional structural engineer that the structural system for any portion of the roof is adequate to support System for Tenant’s intended use thereof or (ii) the superimposed loads produced conformance of the Plans with zoning or any other applicable Law; and no approval by Landlord of the Plans or any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, other matter requested by Tenant shall be required construed to provide create any such representation or warranty. If Landlord determines that it is reasonably necessary to have engineering, architectural or similar services performed on its behalf in reviewing the Plans or otherwise in connection with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, operation, repair, maintenance or removal of the Satellite Dish Facilities shall be borne by TenantSystem (or any portion thereof), and Tenant shall indemnify reimburse Landlord for the reasonable cost thereof (limited to Landlord’s actual direct costs) upon receipt of each xxxx therefor. Tenant shall, at its sole cost and hold harmless Landlord from any costsexpense, expensesobtain and maintain all governmental permits, liabilities licenses and approvals necessary in order to install, operate, maintain or remove the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of LandlordSystem. Tenant shall be responsible for the installation of comply with all Satellite Dish Facilities (including the attachment thereto to the roof) laws and for all costs and expenses arising from and relating to the Satellite Dish Facilities and regulations in connection with the installation, operation, maintenance and removal of the System. Tenant shall, at its sole cost and expense, maintain the System in a clean, safe and good working order and repair thereofand shall make replacements of any portion of the System when necessary. However, andin no event shall any replacement parts (including any replacement antenna) be materially different (including as to shape, if size or color) from those originally installed pursuant to this Section without Landlord’s prior written approval thereof in each instance, which approval shall not be withheld, delayed or conditioned. Tenant elects shall routinely inspect the System. All work and inspections performed by Tenant and its contractors shall be done in a safe, good and workmanlike manner. At or before the end of the Term (due to the lapse of time or otherwise), Tenant shall, at its sole cost and expense, remove the Satellite Dish Facilitiesentire System (except such portions of the cables, any equipment and/or any electricity meters or submeters as Landlord may specify in writing to Tenant, which items shall remain in the Building after the Term and then become Landlord’s property without any payment therefor being due Tenant) and repair any damage to the Building caused thereby. Tenant shall pay for those Satellite Dish Facilities for which removal is requiredall utilities consumed in the installation, for the removal thereof. The installationoperation, maintenance and removal of the Satellite Dish Facilities System. If required by Landlord, Tenant shall, at its sole cost and expense, cause a separate electricity meter or submeter to be installed to measure the electrical consumption of the System, which meter shall be performed by contractors part of the System and workers first installed in a location approved by Landlord. Except in the event of an emergency, which approval will not be unreasonably withheld or delayed. However, Tenant shall give Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have advance notice each time access to the Satellite Dish Facilities Building roof or telephone closet required by Tenant or its contractors in order to installconnection with the installation, operateinspection, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the userepair, operation, maintenance or repair removal of the Satellite Dish FacilitiesSystem. Landlord may require Tenant’s employees or contractors to be accompanied by Building personnel while on the roof or in other non-common areas of the Building outside of the Premises. Except to the extent caused by the acts, omissions or wilful misconduct of Landlord or its agents, employees or contractors, Tenant shall indemnify, defend (with counsel reasonably satisfactory to Landlord) and hold harmless the Landlord and the Indemnitees from and against any claim of liability, loss, cost, damage or expense of any nature whatsoever (including without limitation, reasonable attorneys’ fees and expenses), including without limitation, injury to persons, damage to the Building, damage to any other property and consequential damages, resulting from or arising out of (i) the installation, inspection, repair, operation, maintenance, existence or removal of the System or any part thereof, or (ii) any act or omission of Tenant, its employees, agents or contractors in connection with the System or any part thereof. Without limiting the generality of this Section, the insurance policies Tenant is obligated to maintain pursuant to this Lease shall also cover the System, both as to casualty and liability policies. Tenant may sublease to unaffiliated third parties rooftop rights and each of its contractors shall assume responsibility for the installation prevention of Satellite Dish Facilitiesaccidents to its employees and agents and shall take all reasonable safety precautions with respect to any work to be performed in or about the Building and shall comply with all reasonable safety measures initiated by Landlord and with all applicable Laws for the safety of persons or property. Tenant shall, without and shall advise its contractors to, report to Landlord any injury to any of its employees or agents and shall furnish Landlord a copy of the accident report filed with its insurance carrier promptly after its occurrence. In no event shall the System or its operation interfere with the use of any other antennas or equipment or communications system on or at the Building, nor shall Landlord permit any other system installed after Tenant’s System is installed to interfere with the operation of Tenant’s System. Commencing on the date that Tenant begins installing the System and ending on the date that Tenant removes the System (if removal is required by Landlord) and repairs any damage to the Building caused by such removal, Tenant shall pay Landlord additional rent hereunder as hereinafter provided. Commencing on the above-described commencement date and ending twelve (12) full calendar months thereafter, the monthly additional rent in connection with the System shall be $500. For each subsequent 12-month period, the monthly rent shall increase to 104% of the monthly rent for the preceding 12-month period. Landlord shall have the right upon thirty (30) days prior written notice to relocate the System so long as such relocation does not unreasonably interfere with Tenant’s communication service. Since relocation shall be at Landlord’s consentexpense, but Tenant shall give Landlord written notice of if the existence of any reason for such subleases from time to time upon relocation was reasonably within Landlord’s request. All revenues derived from control; otherwise, such third party subleases relocation shall belong to be at Tenant’s expense. The Satellite Dish Facilities shall not System is to be considered a used for communication for Tenant’s business only and no part of the Premises for System or services provided by the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor System shall be charged during resold. From and after the Term (including any renewal period specifically provided under date of this Lease). However, Tenant’s use Landlord will not itself and will not allow any other tenant or third party to install any systems or devices in or on the Building that would unreasonably interfere with the operation of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31System.
Appears in 1 contract
SATELLITE DISH. Subject The Landlord hereby grants to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to placeinstall, from time to time, maintain and operate any number of satellite dishes, dishes and related equipment and/or antennae and other communication or transmission devices (such devices being referred to as hereinafter called the “Satellite DishesDish”) on the roof of each the Building. Tenant shall secure all necessary building permits, and all other permits, consents and approvals of federal, state and local agencies or government authorities required for the installation, maintenance, operation and removal of the BuildingsSatellite Dish, shall provide copies of the same to Landlord, and shall, at all times during the Term hereof, comply with all requirements of any such agency or authority, including, but not limited to, height restrictions and screening requirements, and with the terms, covenants and conditions of any easements, restrictions, reservations or other encumbrances against the Land. AdditionallyTenant shall promptly pay all taxes and license fees imposed by any federal, state or local governmental agency or authority in connection with the installation, operation and maintenance of the Satellite Dish. If any zoning approvals or an amendment to a local zoning ordinance is required, Tenant shall have the right to install pay any costs and expenses of Landlord in connection with such wire, conduits, cables and other materials as necessary to connect approval or amendment. Tenant shall maintain the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expenseown cost and expense in good working order and condition and free from any hazard to person and property. Tenant shall not place any load upon the roof of the Building which will exceed the load per square foot which the roof was designed to carry nor which, in Landlord’s judgment, shall be required to provide Landlord with a certification by a registered professional structural engineer that impair the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location guaranty on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required damage caused to restore the roof of Building or any other part of the Buildings thereof which results from any damage occasioned by the installation, maintenance operation, maintenance, repair, replacement or removal of the Satellite Dish Facilities shall be borne repaired or replaced promptly by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to not install the Satellite Dish Facilities until Landlord has approved the plans and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, specifications for the removal thereof. The installation, maintenance design and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9screening) thereof. Upon the termination of this Lease or Tenant’s right to maintain the Satellite Dish, 22 Tenant, at its sole cost and 31expense, shall remove the Satellite Dish and shall restore the roof of the Building to its condition existing prior to the installation of the Satellite Dish, ordinary wear and tear accepted. Tenant shall further repair, at its sole cost and expense, any damage or destruction caused by the removal of the Satellite Dish. If Landlord proposes to construct improvements on the property which will be (after recording of the Bass Creek Business Park 4th Addition) legally described as Xxx 0, Xxxxx 0, which will be more than 986.6 feet above sea level, then the Landlord will provide the Tenant with notice of such proposal and will afford the Tenant the right to install the Satellite Dish, together with appropriate cabling, on the roof of the Improvements located on Xxx 0, Xxxxx 0. Xxxxxxxx will, prior to the Commencement Date hereof, execute and record a restrictive covenant on the title Xxx 0, Xxxxx 0, Xxxx Xxxxx Xxxxxxxx Xxxx 4th Addition which restrictive covenant will confirm the foregoing. That restrictive covenant will provide that it cannot be amended or modified without the consent of the Landlord, and the Landlord agrees with the Tenant not to modify or amend that restrictive covenant.
Appears in 1 contract
Samples: Net Lease (Wells Mid-Horizon Value-Added Fund I LLC)
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have During the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof term of each of the Buildings. Additionally, Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the this Lease, Tenant, at its expense, may remove but without payment of any rent or license fee to Landlord, shall have the Satellite Dish Facilities belonging right, subject to Tenantall applicable governmental regulations and Landlord's prior written approval, but Tenant which shall remove any Satellite Dish Facilities belonging not be unreasonably withheld or delayed, to an unaffiliated third party. Any work required to restore place, maintain, repair and replace on the roof of any other part the Building, in a location and manner of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall installation to be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will shall not be unreasonably withheld withheld, satellite or delayed. Howevermicrowave dishes, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith ifwith Tenant's telecommunications and data transmissions network, in Landlord’s reasonable judgment, and to connect the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access same to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish FacilitiesPremises. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilitiesshall indemnify and hold Landlord harmless for, without Landlord’s consentfrom and against any and all costs, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term damages, liability, or expense (including any renewal period specifically provided under this Lease). Howevercourt costs and reasonable attorney's fees) in connection with the installation, operation and removal of Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, 's satellite dish including, without limitation, Sections 9any damage to the roof or other portions of the Building and any damage or injury to the person or property of tenants, 22 visitors or other third parties. Such satellite dish installed by Tenant shall remain Tenant's property and 31shall be removed at or prior to the end of the term of this Lease, at the sole expense of Tenant. If Tenant fails to do so within fifteen (15) days after the termination of this Lease, Landlord may, but shall not be obligated to, perform such removal and restoration at the sole expense of Tenant or Landlord may, at Landlord's option, deem any such satellite dish to be abandoned. Tenant's satellite dish shall not interfere with the proper functioning of any presently existing or any future telecommunications equipment on the roof that is owned or will be owned by others at the time of installation or modification (if applicable).
Appears in 1 contract
Samples: Office Lease (Mesa Air Group Inc)
SATELLITE DISH. Subject At any time during the Term of the Lease, Tenant, at its sole cost and expense, and upon the payment of rent equal to compliance with all applicable Legal Requirementsthe then prevailing market rental rates for roof top facilities, Tenant shall have the exclusive right as determined by Landlord in its reasonable discretion, may elect to place, from time to time, install one (1) satellite dishes, antennae dish or antenna and other related communication or transmission devices equipment and facilities (such devices being referred to as the collectively “Satellite DishesDish”) on the roof of each the Building, by submitting a plan to Landlord for its approval, which approval shall not be unreasonably withheld, conditioned or delayed. The area for the Satellite Dish shall provide for the proper functioning of the BuildingsSatellite Dish. AdditionallyTenant shall also be permitted to modify or replace same, subject to the terms of this Section 36. Notwithstanding anything herein to the contrary, the Satellite Dish shall be consistent with the specifications provided by Tenant to Landlord, which shall provide for a Satellite Dish no more than one and one-half (1.5) meters in diameter and shall not be visible or protrude beyond the “sky exposure plane” as defined in the City of Creve Coeur zoning ordinance above the screen located on the roof of the Building. Tenant shall be responsible for the installation, maintenance and removal of its Satellite Dish and any municipal requirements and or permits, including the costs thereof. Tenant will provide Landlord with copies of all applications for approvals, permits and licenses. Landlord will also be provided with copies of permits and licenses as they are issued. Tenant will provide insurance coverage and certificates including Landlord and Landlord’s agent, The Koman Group, L.L.C. as additional insureds to the extent of Tenant’s indemnity obligations hereunder. Tenant will provide Landlord with certificates of completion and lien releases and assurances that no mechanic’s lien will attach to the Building as a result of the work performed pursuant to this Section. If a mechanic’s lien is recorded against the Building, Tenant will take whatever steps are necessary to remove or bond over said lien with ten (10) business days after Tenant’s receipt of notice of such filing of any such lien. Upon removal of the Satellite Dish (including related cabling, unless such cabling is fully contained within conduit), Tenant agrees to repair any damage to the roof caused by the installation, presence, use of and removal of the Satellite Dish. Tenant believes that use of the Satellite Dish will not interfere with transmission or reception equipment located on the Building or any of the other buildings in the CityPlace Campus. If the Satellite Dish installations should cause measurable interference with installations that are in existence prior to the date of this Lease, Tenant shall eliminate it in a timely manner after written notice from Landlord. Notwithstanding anything herein to the contrary, the Satellite Dish, cables and conduits shall remain the property of Tenant for the duration of the Lease. Tenant shall have the right obligation to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, remove at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes cost such equipment at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but . Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall will indemnify and hold Landlord harmless Landlord from any costsand against liability, expensesdamages, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses incurred by Landlord arising from and relating to the Satellite Dish Facilities and the out of Tenant’s negligent installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installationuse, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors Dish, cables and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31conduits.
Appears in 1 contract
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. Additionally, Tenant shall have the right (but only to the extent permitted by the City of Sunnyvale and all agencies and governmental authorities having jurisdiction thereof, at Tenant's sole cost and expense, to install such wire, conduits, and operate a satellite or microwave dish or dishes ("Satellite Dishes") along with any necessary cables and other materials as necessary ("Cables") on a portion of the roof of the Building to connect be designated by Landlord ("Roof Space") for the Satellite Dishes to Tenant’s allied machinery and equipment in Term of the Premises Lease (the Satellite Dishes Disks and any such connecting material being Cables are hereinafter collectively referred to as the “Satellite Dish Facilities”"Equipment"). HoweverThe location and size of the Equipment shall be subject to Landlord's approval, prior not to unreasonably withheld and which best promotes the safety, aesthetics and efficiency of the Equipment; provided, all of the Equipment and any modifications thereto or placement thereof shall be (i) at Tenant's sole cost and expense, (ii) contained visually within the roof screen, (iii) installed and operated to Landlord's reasonable specifications and supervision or review, and (iv) installed, maintained, operated and removed in accordance with all Recorded Matters and applicable Laws. Landlord shall cooperate reasonably with Tenant to modify the roof screen placement (subject to all applicable Laws and Recorded Matters) if required for signal quality, reconfiguration due to the installation of any Satellite Dish FacilitiesHVAC Systems and other reasonable considerations; provided, the cost of all such modifications shall be the responsibility of Tenant. All modifications to the Building, at its expenseincluding the Roof Space, if any, shall be required reasonably approved by Landlord prior to provide Landlord commencement of my work with a certification respect to the Equipment. No additional rent shall be paid by a registered professional structural engineer that the structural system Tenant for use of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes Roof Space and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials operation of the roof (such as Equipment. The Equipment shall remain the roof membrane) property of Tenant and Tenant shall be protected from remove the Satellite Dishes. At Equipment upon the expiration or earlier termination of the Lease. Tenant shall restore the Roof Space and any other portion of the Building affected by the Equipment to its original condition, excepting ordinary wear and tear and/or damage or destruction due to fire or other casualty not caused directly or indirectly by Tenant, at its expenseagents, employees, contractors or the Equipment or any part thereof. Tenant may remove not assign, lease, rent, sublet or otherwise transfer any of its interest in the Satellite Dish Facilities belonging Roof Space or the Equipment except together with the remainder of all of the Premises as more particularly set forth in Section 14. Each of the other provisions of this Lease shall be applicable to the Equipment and the use of the Roof Space by Tenant, but including without limitation, Sections 12 and 13 of this Lease. The Equipment shall comply with all-non-interference rules of the Federal Communications Commission. If applicable, Tenant shall provide to Landlord a copy of (i) the Federal Communications Commission (or other agency) grant which has awarded frequencies to Tenant and (ii) a list of Tenant's frequencies. Anything to the contrary contained herein notwithstanding, if, during the Lease Term, as such Term may be extended, Landlord, in its reasonable judgment, believes that the Equipment poses a human health or environmental hazard that cannot be remediated or has not been remediated within ten (10) days after Tenant has been notified thereof, then Tenant shall immediately cease all operations of the Equipment and Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part all of the Buildings from Equipment within thirty (30) days thereafter. To the best of Tenant's knowledge, Tenant represents to Landlord that the Equipment shall not emit or project any damage occasioned by the installationelectro-magnetic fields which pose a human health or environmental hazard. In addition, maintenance or removal of the Satellite Dish Facilities Tenant shall be borne by Tenant, responsible for insuring the Equipment and Landlord shall have no responsibility therefor. Tenant shall indemnify indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord from any costsand all claims, expensesdemands, liabilities liabilities, damages, judgments, costs and the like, expenses (including reasonable attorneys’ ' fees, occasioned by any damage ) Landlord may suffer or incur arising out of or related to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair maintenance, replacement and/or removal of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of Equipment or any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31portion thereof.
Appears in 1 contract
Samples: Lease Agreement (Loudcloud Inc)
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. Additionally, Tenant shall have the right to install such wire, conduits, cables and a satellite dish or other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises similar communications device (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location "DISH") on the roof of the Premises for use in the operation of Tenant's business at the Premises, subject to the following terms and conditions: (a) the size, height, location and method of installation shall be subject to the prior written approval of Landlord, it being agreed by the parties that such Satellite Dishes installation shall be a method which does not penetrate the roof of the building of which the Premises form a part, or, if Tenant's proposed installation shall require roof penetration, that Tenant (i) submit plans and Tenantspecifications to Landlord illustrating the same for Landlord's approval; (ii) use a contractor approved by Landlord for the performance of such work, at its expense, shall or such contractor as may be required to provide preserve any roof warranties; (iii) indemnify and hold Landlord harmless from the voiding of any roof warranty and/or damages, claims, expenses or costs resulting from damage to the roof or building caused by such installation; (iv) maintain, repair and replace the roof area damaged or affected by such installation at Tenant's sole cost and expense (b) in no event shall such Dish cause interference with satisfactory assurance that any other mechanical systems, satellite dishes or other communications devices at the existing construction Building; (c) the Dish shall be appropriately screened, via methods and materials approved by Landlord, so as to not be visible from the exterior of the roof building of which the Premises form a part; (such as d) Tenant shall deliver detailed criteria for the roof membraneDish to Landlord prior to installation; and (e) shall be protected from the Satellite Dishes. At at the expiration or earlier sooner termination of the Lease, TenantTenant shall, at its Tenant's sole cost and expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any repair all damage to property and injury or death to persons the Building caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible removal (such obligation for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance removal and repair thereof, and, if Tenant elects to remove survive the Satellite Dish Facilities, expiration or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal sooner termination of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31.
Appears in 1 contract
Samples: Telxon Corp
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. Additionally, Tenant shall have the right to install such wire, conduits, cables maintain and other materials as necessary to connect operate within an area designated by Landlord on the Satellite Dishes to Tenant’s allied machinery and equipment in roof of the Premises Building (the Satellite Dishes and any such connecting material being collectively referred to as “Licensed Area”), during the Term of this Lease, 1 satellite dish (the “Satellite Dish FacilitiesDish”). However) up to 24 inches in diameter (of which the height, prior appearance and installation procedures must be approved in writing by Landlord) in accordance with and subject to the installation of any Satellite Dish Facilities, Tenant, at following terms. Landlord may impose a reasonable architectural review fee in connection with its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system approval of the roof is adequate Dish, and Tenant shall pay same promptly following demand. Tenant shall utilize a contractor acceptable to support Landlord to install the superimposed loads produced Dish, which contractor shall comply with Landlord’s construction rules for the Building, including without limitation Landlord’s standard insurance requirements. Landlord reserves the right upon reasonable notice to Tenant to require either (a) the relocation of all equipment installed by any Satellite Dishes at the Tenant to another location on the roof of the Building, or (b) the removal of any or all of such Satellite Dishes equipment should Landlord determine that its presence may result in damage to the Building and that Tenant has not made satisfactory arrangements to protect Landlord therefrom. Tenant shall use the Licensed Area only for the operation and maintenance of the Dish and the necessary mechanical and electrical equipment to service the Dish. The right to utilize the Dish and Licensed Area shall be limited solely to Tenant, and in no event may Tenant assign or sublicense such right (except in connection with a transfer to a Tenant Affiliate as described in Section 9.1(f) hereof). Tenant shall not use or permit any other person to use the Licensed Area for any improper use or for any operation which would constitute a nuisance, and Tenant shall at all times conform to and cause all persons using any part of the Licensed Area to comply with all public laws, ordinances and regulations from time to time applicable thereto and to all operations thereon. Tenant shall require its employees, when using the Licensed Area, to stay within the immediate confines thereof. In the event a cable television system is operating in the area, Tenant shall at all times conduct its operations so as to ensure that the cable television system shall not be subject to harmful interference as a result of such operations by Tenant. Upon notification from Landlord of any such interference, Tenant agrees to immediately take the necessary steps to correct such situation, and Tenant, at its expense, ’s failure to do so shall be required to provide deemed a default under the terms of this Lease. During the Lease Term, Tenant shall comply with any standards promulgated by applicable governmental authorities or otherwise reasonably established by Landlord with satisfactory assurance regarding the generation of electromagnetic fields. Should Landlord determine in good faith at any time that the existing construction materials Dish poses a health or safety hazard to occupants of the roof (such as Building, Landlord may require Tenant to remove the roof membrane) Dish or make other arrangements satisfactory to Landlord. Any claim or liability resulting from the use of the Dish shall be protected from subject to Tenant’s indemnification obligation as set forth in Section 10.3 of the Satellite DishesLease. At Upon the expiration or earlier termination of the this Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite the Dish Facilities belonging to an unaffiliated third party. Any work required to and all other equipment installed by it and shall restore the roof of any other part of Licensed Area to its original condition. Tenant understands and agrees that should it fail to install the Buildings from any damage occasioned by Dish within 180 days following the installationCommencement Date, maintenance or removal of the Satellite Dish Facilities then Tenant’s right to install same thereafter shall be borne by Tenant, null and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlordvoid. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31ARTICLE VII.
Appears in 1 contract
Samples: BofI Holding, Inc.
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Landlord hereby grants Tenant shall have the exclusive right to placeinstall, maintain and replace from time to timetime (i) a single antenna satellite dish or similar antenna device (hereinafter “Satellite Dish”) and (ii) such HVAC and refrigeration or other equipment necessary for the operation of Tenant’s business (“Roof Equipment”, satellite dishestogether with the Satellite Dish, antennae and other communication or transmission devices (such devices being referred to as collectively, the “Satellite DishesRoof Items”) ), on the roof of each of the Buildings. AdditionallyPremises, Tenant shall have subject to the following: (a) compliance with applicable governmental laws; (b) with respect to the Satellite Dish, installation to be done by a certified satellite dish installer and a certified roofing contractor; (c) the right of Landlord to install such wire, conduits, cables and other materials as necessary to connect supervise any roof penetrations; (d) compliance with the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation conditions of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide roof bond maintained by Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes Premises; and Tenant, (e) ensuring all Roof Items are not visible at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlordstreet level. Tenant shall be responsible for the installation repair of all Satellite Dish Facilities (including any damage to any portion of the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the Premises caused by Tenant’s installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, use or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to TenantRoof items. The Satellite Dish Facilities shall not be considered a part remain the exclusive property of Tenant, and Tenant shall have the right to remove same at any time during the term of the Premises for the purpose Lease, provided that Tenant is not in default of determining Tenant’s rental its obligations under the Lease Lease. Tenant shall protect, defend, indemnify and no Rent therefor shall be charged during the Term hold harmless Landlord from and against any and all claims, damages, liabilities, costs or expenses of every kind and nature (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9reasonable attorney fees) imposed upon or incurred by or asserted against Landlord arising out of Tenant’s installation, 22 maintenance, use or removal of the Roof Items. WHEREFORE, Landlord and 31.Tenant have respectively executed this Lease the day and year first above written. LANDLORD: TENANT: CIVF I-GA1W15-W23, LLC, a Delaware limited liability company ADMA Biologics, Inc, a Delaware corporation By: DCT Industrial Value Fund I, L.P., a Delaware limited partnership, its Sole Member By: DCT Industrial Value Fund I, Inc., a Maryland corporation, its General Partner By: /s/ Dxxxx X. Xxxxxx By: /s/ Jxxxxxx X. Xxxxxxxx Dxxxx X. Xxxxxx Name: Jxxxx Xxxxxxxx Managing Director Title: CEO Date: 6/16/08 Date: 6/3/08 ADMA Biocenters Georgia, Inc, a Delaware corporation By: /s/ Jxxxxxx X. Xxxxxxxx Name: Jxxxxxx X. Xxxxxxxx Title: CEO Date: 6/3/08
Appears in 1 contract
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right right, for the term of the Lease to place, from time to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) use space on the roof of each the building for the purpose of installing, operating and maintaining a dish/antenna or other communication device not exceeding thirty-six (36) inches in diameter (the Dish/antenna) approved by the Landlord. The exact location of the Buildingsspace on the roof to be leased by Tenant shall be designated by Landlord and shall not exceed fifty (50) square feet (the Roof Space). AdditionallyLandlord reserves the right to relocate the Roof Space as reasonably necessary during the Lease Term. Landlord's designation shall take into account Tenant's use of the Dish/antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating maintaining and removing the Dish/antenna. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or other tenants of the building. Tenant shall comply with all Laws relating to the installation, maintenance and use of the Dish/antenna. Landlord does not represent or warrant that such Laws will permit the Dish/antenna. Landlord agrees that Tenant, upon reasonable prior notice to Landlord shall have access to the roof of the building and the Roof Space for the purpose of installing, maintaining, repairing and removing the Dish/antenna, all of which shall be performed by Tenant or Tenant's authorized representatives or contractors, at Tenant's sole cost and risk. Tenant agrees to exercise firm control over the people requiring access to the roof of the building and the Roof Space in order to keep to a minimum the number of people having access to the roof and the frequency of their visits. Tenant agrees to be responsible for any damage caused to the roof or any other part of the building, which may be caused by Tenant or any of its agents, representatives or contractors. Tenant shall have the right use of the Roof Space for the Dish/antenna needed to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in service exclusively the Premises (the Satellite Dishes and in this Lease. Tenant shall not allow any such connecting material being collectively referred provider of telecommunication, video or data or related services to as the “Satellite Dish Facilities”). However, prior to the installation of locate any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location equipment on the roof of such Satellite Dishes the building or in the Roof Space for any purpose whatsoever, nor may the Tenant use the Roof Space and Tenant, or Dish/antenna to provide services to another occupant or licensee of the Building or any other building. The Dish/antenna shall remain the personal property of the Tenant and shall be removed along with any wiring and component parts by Tenant at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At own expense at the expiration or earlier termination of the Lease, this Lease or Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but 's right of possession hereunder. Tenant shall remove repair any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons damages caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31.
Appears in 1 contract
SATELLITE DISH. Subject to compliance with Landlord's consent and aesthetic approval which will not be unreasonably withheld, and subject further to all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae Requirements and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. AdditionallyRestrictions, Tenant shall have the right to install satellite dishes on the roof of the Building (or elsewhere on the Demised Premises. Any installation of the satellite dish shall be performed in such wirea manner so as to minimize the ability to view the satellite dish above the upper level of the roof of the Building. Prior to such installation, conduitsTenant shall submit to Landlord and all appropriate governmental authorities having jurisdiction thereof, cables all plans and other materials as specifications relating to such installation. Tenant shall be responsible to obtain all necessary government approvals that are required in order to connect install the Satellite Dishes satellite dish, it shall prepare all plans and specifications, and it shall acquire, install, operate and keep the satellite dish in good repair, all at its sole cost and expense. Landlord shall be entitled to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior withhold its consent to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that satellite dish during the Lease Term if such installation would violate or affect the structural system integrity or warranty of the roof is adequate of the Building, or cause any leaks to support be created from the superimposed loads produced by roof, and Landlord shall be entitled to require Tenant to remove the satellite dish if, subsequent to any Satellite Dishes at approved installation, the location on satellite dish creates leaks from the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials Building or adversely affects the integrity of the roof (such as the roof membrane) shall be protected from the Satellite Dishesroof. At Upon the expiration or earlier termination of the LeaseLease Term, Tenantand if Landlord so requests, Tenant shall remove the satellite dish from the roof of the Building, and shall promptly, at its sole cost and expense, may repair any damage caused by the prior operation of the satellite dish or its installation or removal. If Landlord does not request Tenant to remove the Satellite Dish Facilities belonging satellite dish and Tenant elects not to remove same, the satellite dish and all of its components shall thereupon become the property of Landlord for no consideration. Tenant, but Tenant 's obligations under this Article 47 shall remove survive the expiration or earlier termination of this Lease. In the event that any Satellite Dish Facilities belonging governmental authority having jurisdiction over the installation and/or use and/or operation of Tenant's satellite dish either (i) refuses to an unaffiliated third party. Any work required to restore permit the roof of any other part installation of the Buildings from satellite dish for any damage occasioned by reason whatsoever or for no apparent reason, (ii) requires the installation, maintenance or removal of the Satellite Dish Facilities satellite dish after the occurrence of the Lease Commencement Date, or (iii) changes the rules or regulations effecting the use and/or operation of the satellite dish in any manner whatsoever after the Lease commencement Date, then in any of such events, Tenant shall be borne by Tenantnot have any claim of any kind against Landlord, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach provisions of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) remain in full force and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the right to require Tenant, at Tenant’s expense, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities shall not be considered a part of the Premises for the purpose of determining Tenant’s rental obligations under the Lease and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31effect.
Appears in 1 contract
Samples: Master Lease Agreement (One Liberty Properties Inc)
SATELLITE DISH. Subject to compliance Provided that Tenant complies with all applicable Legal Requirementsthe terms of this Section 26.(d), 26.(e), Tenant shall have the exclusive right to placemay, from time to timeat its risk and expense, install a satellite dishesdish, microwave antennae and other communication or transmission devices equipment and related wiring (such devices being referred to as collectively, the “Satellite Dishes”"SATELLITE DISH") on the roof of each of the BuildingsBuilding at a location approved by Landlord. AdditionallyExcept as set forth in the Working Drawings described in Exhibit D hereto, before installing the Satellite Dish, Tenant shall have the right submit to install such wire, conduits, cables and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises Landlord for its approval (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination of the Lease, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to restore the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by such installation, maintenance or removal, except to the extent caused by the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto to the roof) and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, or for those Satellite Dish Facilities for which removal is required, for the removal thereof. The installation, maintenance and removal of the Satellite Dish Facilities shall be performed by contractors and workers first approved by Landlord, which approval will shall not be unreasonably withheld or delayed. However) plans and specifications which (1) specify in detail the design, Landlord reserves the right to require Tenantlocation, at Tenant’s expensesize, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to the Satellite Dish Facilities in order to install, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the use, operation, maintenance or repair frequency of the Satellite Dish Facilities. Tenant may sublease and (2) are sufficiently detailed to unaffiliated third parties rooftop rights allow for the installation of the Satellite Dish Facilitiesin a good and workmanlike manner and in accordance with all Laws. If Landlord approves of such plans, without Landlord’s consent, but Tenant shall give Landlord written notice of install (in a good and workmanlike manner), maintain and use the existence of any such subleases from time to time upon Landlord’s request. All revenues derived from such third party subleases shall belong to Tenant. The Satellite Dish Facilities in accordance with all Laws and shall not be considered a part of the Premises obtain all permits required for the purpose installation and operation thereof; copies of determining Tenant’s rental obligations under all such permits must be submitted to Landlord before Tenant begins to install the Lease Satellite Dish. Tenant shall thereafter maintain all permits necessary for the maintenance and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use operation of the Satellite Dish Facilities while it is otherwise subject on the Building and operate and maintain the Satellite Dish in such a manner so as not to all unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in the Building. Landlord may require that Tenant screen the Satellite Dish with a parapet wall or other screening device reasonably acceptable to Landlord provided it does not make the Satellite Dish inoperable. Tenant shall maintain the Satellite Dish and the screening therefor in good repair and condition. Tenant may only use the Satellite Dish in connection with Tenant's business. Tenant shall not allow any third party to use such equipment, whether by sublease, license, occupancy agreement or otherwise. Tenant shall, at its risk and expense, remove the Satellite Dish, within 15 days after the occurrence of any of the terms following events: (A) the termination of Tenant's right to possess the Premises; (B) the termination of the Lease; (C) the expiration of the Term; or (D) Tenant's vacating the Premises. If Tenant fails to do so, Landlord may remove the Satellite Dish and conditions store or dispose of this Lease with respect it in any manner Landlord deems appropriate without liability to Tenant’s use and occupancy of ; Tenant shall reimburse Landlord for all costs incurred by Landlord in connection therewith within ten days after Landlord's request therefor. Tenant shall repair any damage to the PremisesBuilding caused by or relating to the Satellite Dish, includingincluding that which is caused by its installation, without limitationmaintenance, Sections 9use, 22 and 31or removal.
Appears in 1 contract
Samples: Lease Agreement (Daisytek International Corporation /De/)