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 Agreement (Interval Leisure Group, Inc.), Lease Agreement (Interval Leisure Group, Inc.), Lease Agreement (Interval Leisure Group, 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 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 2 contracts
Samples: Office Space Lease (BofI Holding, Inc.), Office Lease Agreement (BofI Holding, 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: Lease Agreement (STV Group Inc)
SATELLITE DISH. Subject 25.29.1 Landlord hereby agrees that Tenant shall have the nonexclusive right at Tenant's sole cost and expense (but without any additional Base Rent payable to compliance with all applicable Legal RequirementsLandlord) and subject to the provisions of this Section 25.29, to install up to three (3) satellite dishes, each of which shall not exceed two (2) feet in diameter (individually and collectively a "Satellite Dish") on the roof of the Building in a location designated by Landlord. In addition, Tenant shall have the exclusive right to placeright, 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 wireconnection equipment, such as conduits, cables, risers, feeders and materials (collectively, the "Connecting Equipment") in the shafts, ducts, conduits, cables chases, utility closets and other materials facilities of the Building as is reasonably necessary to connect the Satellite Dishes Dish to Tenant’s allied 's other machinery and equipment in the Premises (Premises, subject however, to the Satellite Dishes and provisions of Section 25.29.2, below. Tenant shall also have the right of access, consistent with Section 25.29.4, below, to the areas where any such connecting material being collectively referred to as Connecting Equipment is located for the “Satellite Dish Facilities”). Howeverpurposes of maintaining, prior to repairing, testing and replacing the same.
25.29.2 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 and related Connecting Equipment (hereby referred to together and/or separately as the "Satellite Equipment") shall be borne by Tenant, performed in accordance with 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 subject to the extent caused by the negligence, willful misconduct or breach provisions of Article 8 of this Lease of Landlord. (unless Tenant shall be responsible for elects to have such Satellite Equipment installed during the installation of all Satellite Dish Facilities (including the attachment thereto initial Tenant Improvements, in which event, Landlord shall install same pursuant to the roof) and for all costs and expenses arising from and relating to applicable provisions of the Satellite Dish Facilities Tenant Work Letter, and the installation, operation, maintenance cost of acquisition 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 installation of the Satellite Dish Facilities shall Equipment to be performed paid 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 Tenant may be affected by any such work. Landlord agrees that deducted from the 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 TenantImprovement Allowance). The Satellite Dish Facilities Equipment shall not be considered a part treated for all purposes of this Lease as if the Premises for same were Tenant's property. For the purpose purposes of determining Tenant’s rental 's 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 with respect to its use of the roof of the Building herein provided, the portion of the roof of the Building affected by the Satellite Dish Facilities is otherwise subject Equipment shall be deemed to be a portion of Tenant's Premises except as to Tenant's obligations to pay Base Rent and Direct Expenses; consequently, 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 Equipment, including, including without limitation, Sections 9provisions relating to compliance with requirements as to insurance, 22 indemnity, repairs and 31maintenance, and compliance with laws. Landlord shall have no obligation with regard to the affected portion of the roof or the Satellite Equipment except as provided in this Section 25.29.
25.29.3 It is expressly understood that Landlord retains the right to grant third parties the right to utilize any portion of the roof not utilized by Tenant and to use the portion of the roof on which the Satellite Equipment is located for any purpose whatsoever, provided in each event that Tenant shall have reasonable access to, and Landlord shall not unduly interfere with the use of, the Satellite Equipment.
25.29.4 Tenant shall install, use, maintain and repair the Satellite Equipment so as not to damage or interfere with the operation of the Building or the Systems and Equipment or any other communications or similar equipment located on the roof of the Building; and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims, costs, damages, expenses and liabilities (including attorney's fees) arising out of Tenant's failure to comply with the provisions of this Section 25.29.4.
25.29.5 Landlord shall not have any obligations with respect to the Satellite Equipment or compliance with any requirements relating thereto (except as specifically provided by this Lease) nor shall Landlord be responsible for any damage that may be caused to the Satellite Equipment except to the extent (i) caused by the gross negligence or willful misconduct of Landlord or Landlord's agents, employees or contractors, and (ii) not insured or required to be insured by Tenant under this Lease. Landlord makes no representation that the Satellite Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor. 25
25.29.6 Tenant, at Tenant's sole cost and expense, shall install such fencing and other protective equipment on or about the Satellite Equipment as shall be required by applicable laws.
25.29.7 Tenant shall (i) be solely responsible for any damage caused as a result of the Satellite Equipment (except to the extent such damage is to property not owned or leased by Tenant and is covered by insurance obtained by Landlord as part of Direct Expenses and as to which Landlord's waiver of subrogation in Section 10.4 is applicable), (ii) promptly pay any tax, license or permit fees charged pursuant to any requirements in connection with the installation, maintenance or use of the Satellite Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) make necessary repairs, replacements to or maintenance of the Satellite Equipment.
25.29.8 If any of the conditions set forth in this Section 25.29 are not complied with by Tenant, then without limiting Landlord's rights and remedies it may otherwise have under this Lease, Tenant shall, upon written notice from Landlord, have the option either to (i) reposition the Satellite Equipment to a location designated by Landlord if Landlord elects to permit such repositioning, and make such repairs and restorations as required under Section 25.29.9 below, or (ii) correct such noncompliance within thirty (30) days after receipt of notice. If Tenant fails to correct noncompliance within such thirty (30) day period, then Tenant shall immediately discontinue its use of the Satellite Equipment and remove the same.
25.29.9 Upon the expiration of the Lease Term or upon any earlier termination of this Lease, Tenant shall, subject to the control of and direction from Landlord, remove the Satellite Equipment, repair any damage caused thereby, and restore the roof and other facilities of the Building to their condition existing prior to the installation of the Satellite Equipment, reasonable wear and tear not caused by the Satellite Equipment excepted.
25.29.10 Tenant's rights under this Section 25.29 shall be personal to the original Tenant executing this Lease and any assignee to which Tenant's entire interest in this Lease has been assigned pursuant to Article 14, and may only be utilized by the original Tenant or such assignee (and may not be exercised or utilized by any subtenant or other transferee of the original Tenant's interest in this Lease or the Premises).
Appears in 1 contract
Samples: Office Lease (Styleclick Inc)
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
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: Lease Agreement
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 of possess the Premises, including, without limitation, Sections 9, 22 and 31.;
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 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 with all applicable Legal Requirements, Tenant shall have 45.1 During the exclusive right to place, from time to time, satellite dishes, antennae Term and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof of each of the Buildings. Additionallyany extension thereof, Tenant shall have the right to install such wire(in accordance with Article 6 of this Lease), conduitsoperate and maintain one or more dish/antenna or other communication device (individually and collectively, 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 FacilitiesDish/Antenna”). However, prior to the installation of any Satellite Dish Facilities, TenantTenant shall be solely responsible for obtaining and maintaining, at its expensecost, all necessary governmental and regulatory approvals and any other third party approval and for the cost of installing, operating, maintaining and removing the Dish/Antenna; provided that Tenant shall have the right to apply the Allowance to the cost of the Dish/Antenna pursuant to Exhibit B attached hereto.
45.2 The installing, maintaining and repairing of the Dish/Antenna shall be required performed by Tenant or Tenant’s authorized representative or contractors, at Tenant’s sole cost and risk. Tenant agrees to provide Landlord with a certification by a registered professional structural engineer that the structural system of be responsible for any damage caused to 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 Building arising from any damage occasioned by or related to the installationDish/Antenna or appurtenances.
45.3 Tenant shall, maintenance at its sole cost and expense, and at its sole risk, install, operate and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance with all Easement Agreements and with all Regulations now in effect or removal hereafter promulgated, 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 PremisesFederal Government, including, without limitation, Sections 9the Federal Communications Commission (the “FCC”), 22 the Federal Aviation Administration (“FAA”) or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications and 31all Easement Agreements. Under this Lease, the Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant’s equipment. Neither Landlord nor any Landlord Entity shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna because of any act, omission or requirement of the public utility serving the Project and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord any Landlord Entity shall have any responsibility or liability for the conduct or safety of any of Tenant’s representatives, repair, maintenance and engineering personnel while in or on any part of the roof.
Appears in 1 contract
Samples: Lease Agreement (Facebook 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”a) on the roof of each of the Buildings. Additionally, Tenant shall have the right to install such wireinstall, conduitsmaintain and operate on the available space on the roof of the Building, cables at Tenant's sole cost and expense, a satellite dish and support equipment (collectively, the "Installations"), subject to all of the terms, covenants and conditions of this Lease and subject to Landlord's prior written approval, which will not be unreasonably withheld based on any facts including, without limitation, the size, weight, location, method of attachment and warranty on the roof. Landlord's approval shall also be required for modification to, and the removal of, the Installations. Landlord shall, in its sole discretion, designate the available space on the roof of the Building for the location of the Installations, and of all passageways required for access thereto for personnel. In connection with Tenant's installations, maintenance and operation of its Installations, Tenant shall comply with all requirements and shall procure, maintain and pay for all permits and licenses required therefor, including all renewals thereof. The parties agree that Tenant's use of the roof of the Building is a non-exclusive use and Landlord may permit the use of any other materials as necessary portion of the roof 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”). Howeverother person, prior to firm or corporation for any use, including the installation of any Satellite Dish Facilitiesother antennas, generators and/or communications systems. Tenant shall ensure that its use of the roof does not impair such other person's, firm's or corporation's data transmission and reception via their respective antennas and support equipment, if any. Tenant, at its sole cost and expense, shall be required install any screening device requested by Landlord at any time to provide Landlord with a certification by a registered professional structural engineer ensure that the structural system Installations cannot be viewed or seen by the public and, if such screening device is installed, it shall be deemed to be an Installation under this clause.
(b) In no event shall the maximum level of emissions from the Installations exceed a reasonable portion of the roof is adequate to support total emissions allowable for the superimposed loads produced by any Satellite Dishes Building under applicable requirements, taking into account the number of rooftop installations at the location on Building.
(c) Tenant shall pay for all electrical service required for Tenant's use of the Installations as Additional Rent.
(d) Tenant, at Tenant's sole cost and expense, shall promptly repair any and all damage to the roof of such Satellite Dishes the Building and Tenantto any part of the Building caused by or resulting from the installation, at its expensemaintenance and repair, operation or removal of the Installations erected or installed by Tenant pursuant to the provisions of this Paragraph 33. Tenant further covenants and agrees that the Installations and any related equipment erected or installed by Tenant pursuant to the provisions of this Paragraph 33 shall be required erected, installed, repaired, maintained and operated by Tenant at the sole cost and expense of Tenant and without charge, cost or expense to provide Landlord with satisfactory assurance that Landlord.
(e) The Installations and related equipment installed by Tenant pursuant to the existing construction materials provisions of the roof (such as the roof membrane) this Paragraph 33 shall be protected from the Satellite Dishes. At Tenant's property, and, upon 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 Term 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 removed 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 's sole cost and expense and Tenant shall repair any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access damage 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 roof of the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish FacilitiesBuilding, without Landlord’s consent, but Tenant shall give Landlord written notice or any other portion or portions of the existence of any such subleases Building caused by or resulting 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 31said removal.
Appears in 1 contract
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 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/)
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: Lease (Telxon Corp)
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.
Section 39.2. Landlord retains the right to use the portion of the roof on which the Satellite Dish is located for any purpose whatsoever. Tenant shall use the Satellite Dish so as not to cause any interference to other tenants or Landlord in the Building or interference with or disturbance to the reception or transmission of communication signals by or from any antenna, satellite dishes or similar equipment previously installed by landlord or any other tenant in the Building or damage to or interference with the operation of the Building or Building Systems. Landlord shall use reasonable efforts to cause tenants who enter into leases with Landlord after the date hereof that have the right to place equipment on the roof to operate such equipment and, if Landlord has equipment on the roof, Landlord shall operate such equipment, in a manner so as not to cause any interference to Tenant or interference with or disturbance to the reception or transmission of communications signals by or from the Satellite Dish. If after any Satellite Dish is installed by Tenant it is discovered that the Satellite Dish causes any such interference, damage or disturbance, then Tenant, at its sole cost and expense, upon written notice from Landlord shall relocate its Satellite Dish to another area on the roof reasonably designated by Landlord provided that such relocation does not cause the transmission or receipt of communication signals to be materially interrupted or impaired other than temporarily in connection with such relocation. If such interference or disturbance still occurs despite such relocation, or if no portion of the roof is available for such relocation, Tenant, at its sole cost and expense, shall remove its Satellite Dish from the roof of the Building. In the event Tenant fails to relocate or remove the Satellite Dish within thirty (30) days after written notice from Landlord, Landlord may do so, and Tenant shall promptly reimburse Landlord for any costs incurred by Landlord in connection therewith.
Section 39.3. If Tenant is in default under any provision of this Article 39 and such default continues for thirty (30) days after written notice from Landlord, then, without limiting Landlord's rights and remedies Landlord may otherwise have under this Lease the license granted pursuant to this Article 39 shall automatically terminate and, Tenant, upon written notice from Landlord, shall, at Tenant's sole cost and expense immediately discontinue its use of the Satellite Dish and remove the same from the roof of the Building.
Section 39.4. In addition to the right of Landlord to cause Tenant to relocate the Satellite Dish pursuant to Section 39.2 hereof, Landlord may at its option, at any time during the Term after reasonable prior notice to Tenant (except in the event of an emergency) relocate the Satellite Dish to another area on the roof designated by Landlord, provided that such relocation does not cause the transmission or receipt of communication signals to be materially interrupted or impaired other than temporarily in connection with such relocation and, except as set forth with respect to Landlord's right to cause Tenant to relocate the Satellite Dish pursuant to Section 39.2 hereof, such relocation shall be performed at Landlord's sole cost and expense.
Section 39.5. (A) Landlord shall not have any obligations with respect to the Satellite Dish or compliance with any Requirements relating thereto (including, without limitation, the obtaining of any required permits or licenses, or the maintenance thereof), nor shall Landlord be responsible for any damage that may be caused to Tenant or the Satellite Dish by any other tenant or occupant of the Building. Landlord makes no representation that the Satellite Dish will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by others on the roof) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
Appears in 1 contract
Samples: Lease Agreement (Liveperson 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 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 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 Notwithstanding anything to compliance with all applicable Legal Requirementsthe contrary set forth herein, Tenant shall have the exclusive right right, subject to placeLandlord's prior written approval (which approval shall not be unreasonably withheld or delayed) at all times during the terms hereof, from time including any renewal term, to timeinstall, maintain, replace and remove, all at Tenant's sole cost and expense, a satellite dishes, antennae dish and other communication or transmission devices related equipment not to exceed six (such devices being referred to as the “Satellite Dishes”6) feet in diameter ("Communications Equipment") on the roof of each rooftop of the BuildingsBuilding provided that Tenant (i) coordinates the location of such Communications Equipment with Landlord, (ii) coordinates such installation with Landlord's roofing contractor so as not to affect any roof warranty, (iii) notifies Landlord prior to such installation to permit Landlord to have a representative present in connection with such installation, (iv) remains responsible for and repair any damage to the roof caused by Tenant's entry on the roof and installation, maintenance, replacement or removal of the Communications Equipment, (v) complies with all Applicable Laws, rules and regulations (including deed restrictions and regulations of Addison Circle) applicable to the installation and maintenance of the Communications Equipment, and further complies with the reasonable requirements of Landlord with respect to the installation and maintenance of the Communications Equipment, including without limitation, screening such equipment from public view from adjacent public streets and the Parking Areas of the Premises, and (vi) indemnifies, defends and holds harmless Landlord from any damage to property caused by the installation, maintenance and removal of such Communications Equipment. AdditionallySuch Communications Equipment shall remain the exclusive property of Tenant, and Tenant shall have the right to install remove such wireCommunications Equipment at any time during the term of the Lease, conduits, cables and other materials as necessary provided Tenant returns the rooftop of the Building 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, condition that existed 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 DishesCommunications Equipment. At Upon the expiration or earlier termination of the this 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 Communications Equipment if requested by the installation, maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, Landlord and Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by promptly repair any 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 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
Samples: Office Lease Agreement (Caprock Communications Corp)
SATELLITE DISH. Subject to compliance (a) Provided Tenant is not in Default under the Lease, and provided further that Tenant complies with all applicable Legal Requirementszoning and other municipal and county rules and regulations, Tenant shall have the exclusive right right, at its own cost and expense and subject to placethe terms of this Agreement, from time to timeinstall, 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 for Tenant’s use only, a microwave satellite dish (“Dish”). Tenant shall be solely responsible for obtaining any necessary permits and licenses required to install and operate the Dish. Copies of such permits and licenses shall be provided to Landlord.
(b) The size, location, design and manner of installation of the BuildingsDish and all related wiring shall be designated and approved by Landlord or its agent. AdditionallyAfter obtaining written approval of Landlord, which approval shall not be unreasonably withheld, Tenant shall have reasonable access to the roof for installation and maintenance of the Dish and 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”)all reasonable wiring related thereto. However, prior unless otherwise approved by Landlord in writing, in no event shall Tenant be permitted to penetrate the roof membrane in connection with the installation or maintenance of the Dish.
(c) Tenant represents and warrants that the installation and maintenance of the Dish will not cause any damage to the structural portions of the Building. Tenant shall be responsible for repairing any such damage to the Building.
(d) Tenant shall install, operate and maintain the Dish in accordance with all federal, state and local laws and regulations. Prior to installation of any Satellite Dish Facilitiesthe Dish, TenantTenant shall, at its expenseon behalf of the installer, shall be required to provide Landlord with a certification by a registered professional structural engineer that certificate of insurance reasonably satisfactory to Landlord.
(e) Tenant reserves the structural system right to discontinue its use of the roof is adequate Dish at any time prior 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 LeaseLease or any renewal or extension thereof for any reason whatsoever, Tenant, at its expense, may remove the Satellite Dish Facilities belonging provided that Tenant gives thirty (30) days prior written notice thereof 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 all costs of all Satellite Dish Facilities (including the attachment thereto to the roof) removal and for all costs and expenses arising from and relating restoring the Building to its original condition after such removal. Notwithstanding the Satellite Dish Facilities and foregoing, at any time during the installation, operation, maintenance and repair thereof, and, Lease Term 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 discontinues use 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. Howeverupon the expiration of the Lease Term, Landlord reserves the right to require Tenant, at demand by written notice to Tenant that Tenant remove the Dish within five (5) days from 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 workreceipt of notice thereof. 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 Such removal 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 in accordance with all of the terms and conditions set forth herein. If Tenant fails to remove the Dish from the Building, upon expiration or earlier termination of this Lease with respect to Tenant’s use and occupancy Lease, or after expiration of the Premisesfive (5) day notice period provided herein, includingthe Dish shall be deemed abandoned by Tenant and shall become the property of the Landlord.
(f) Notwithstanding any other provision of this Lease, without limitationLandlord shall not be liable and Tenant shall indemnify, Sections 9defend and hold Landlord harmless from and against any and all liability, 22 damages (including but not limited to personal injury, death, or property damages), costs, expenses, and 31attorneys’ fees incurred by Landlord arising from any Dish related cause whatsoever, including those arising from the installation, use, maintenance and removal thereof, except for that caused solely by the gross negligence of Landlord.
(g) If Tenant fails to comply with the terms and conditions stated herein, or if removal of the Dish is required by any governmental authority having jurisdiction thereof, this right to install, maintain and use such Dish may be terminated by Landlord upon ten (10) days prior written notice to Tenant specifying the reason for such termination.
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 Tenant shall have the non-exclusive license, at its sole cost and expense, to compliance use a portion of the roof area of the Building, as Landlord may reasonably select and as permitted by law in accordance with all applicable statutes and building codes, governmental rules, regulations and orders, zoning and land use laws, rules and regulations, and recorded covenants, conditions and restrictions affecting title to the Premises (Legal Requirements) for the installation, operation, maintenance, security, repair and replacement of a satellite dish not to exceed thirty-six inches (36) in diameter and related cable connections serving the Premises for Tenant's business operations (the "Telecommunications Equipment"). Tenant's exercise of said license shall be subject to the following: (i) Landlord's determination that space is available for such purpose at the time Tenant's request is made; (ii) Landlord's approval of the size, type, and location of the equipment to be installed; (iii) Landlord's determination that such use shall not cause damage to or interference with the roof or any other use being made (or intended to be made) of the roof; and (iv) Tenant's reimbursement of any out-of-pocket expenses incurred by Landlord in reviewing Tenant's request and in supervising the installation of Tenant's equipment. The following terms and conditions will apply to Tenant's installation, operation and maintenance of the Telecommunications Equipment in accordance with the terms of this Section 1 of this Amendment:
(a) Once install, provided that the Telecommunications Equipment cannot be seen from the street, Tenant shall be solely responsible for the maintenance of the Telecommunications Equipment and must promptly remove any debris and other loose materials Tenant or its representatives place on the roof as a result of any installation, operation and maintenance by Tenant of such Telecommunications Equipment.
(b) Upon the expiration of the term of the earlier termination of this Lease, if Landlord at its sole discretion so elects, and upon fifteen (15) days prior written notice to Tenant, Tenant must remove the Telecommunications Equipment. If Tenant fails to promptly remove the Telecommunications Equipment, Landlord may remove the Telecommunications Equipment at Tenant's expense, and Landlord will have no duty or obligation to account to Tenant for any proceeds Landlord receives from the disposal of the Telecommunications Equipment.
(c) If a loss of Telecommunications Equipment occurs as a result of condemnation or casualty, or as a result of a change in applicable Legal Requirements, Tenant shall will have no claim for rebate or abatement of Rent or for damages against Landlord by reason of such loss.
(d) Tenant must install and maintain waterproofing materials around any penetrations of the exclusive right roof of the Building that are made during the installation, maintenance, repair, replacement or removal of the Telecommunications Equipment, and must use Landlord's roofing contractor to placeperform such work, so that Landlord is assured that those penetrations do not void, limit or reduce any roof warranty in effect 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 Upon final removal of the Satellite Dish Facilities shall be borne by TenantTelecommunications Equipment, Tenant must repair and Tenant shall indemnify restore all roof penetrations and hold harmless again must use Landlord's roofing contractor for such work so that Landlord is assured that these penetrations do not void, limit or reduce any roof warranty in effect from time to time.
(e) If any costs, expenses, liabilities and the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury repair or death to persons caused by such installation, maintenance or removal, except to the extent caused by Building necessitates the negligence, willful misconduct relocation of any of the Telecommunications Equipment or breach any related equipment Tenant installs in accordance with the terms of this Lease Section 1 of Landlordthis Amendment, Tenant must bear all expenses of such relocation. Tenant shall be responsible for the installation of all Satellite Dish Facilities (including the attachment thereto In addition to the roof) any other rules 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, regulations 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 establish from time to time upon governing use of the roof, Tenant shall comply with the following: (i) Tenant's use of the roof shall be at Tenant's sole risk and expense and Landlord shall have no responsibility therefore and no liability on account of any damage to or interference with Tenant's equipment; (ii) Tenant shall be solely responsible for installing, operating, maintaining and repairing its equipment at its own expense in a manner that causes no interference with or damage to the roof itself or any other person's use of the roof, (iii) Tenant shall perform all of such work in such a way as to not damage any building systems or void any warranty or guarantee relating thereto; and (iv) Tenant, if required by Landlord’s request, shall use existing building conduits and pipes or use building contractors (or other contractors approved by Landlord) in performing such work. All revenues derived from Tenant's exercise of its rights under this subsection shall be considered an alteration subject to Section 10 of this Lease to the extent Section 10 is not inconsistent with the foregoing.
(f) In the event that the Telecommunications Equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of Tenant within the Tenant's premises, on the roof, or elsewhere within or on the Building causes interference to equipment used by another party, Tenant shall assume an liability related to such third party subleases interference. Tenant shall belong use reasonable efforts, and shall cooperate with Landlord and other parties, to Tenantpromptly eliminate such interference. The Satellite Dish Facilities In the event that Tenant is unable to do so, Tenant will substitute alternative equipment which remedies the situation. If such interference persists, Tenant shall discontinue the use of such equipment, and, at Landlord's discretion, remove such equipment according to foregoing specifications.
(g) Notwithstanding any provision of the proceeding paragraphs to the contrary, the refusal of Landlord to grant its approval to any prospective telecommunications provider shall not be considered deemed a part default or breach by Landlord 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 its obligation under this Lease). However, Tenant’s use of the Satellite Dish Facilities Lease unless and until Landlord is otherwise subject adjudicated to all of the terms and conditions of this Lease have acted recklessly or maliciously with respect to Tenant’s use 's request for approval, and occupancy in that event, Tenant shall still have no right to terminate the Lease or claim an entitlement to rent abatement, but may as Tenant's sole and exclusive recourse seek a judicial order of specific performance compelling Landlord to grant its approval as to the prospective provider in question. The provisions of this paragraph may be enforced solely by Tenant and Landlord, are not for the benefit of any other party, and specifically but without limitation, no telephone or telecommunications provider shall be deemed a third party beneficiary of this Lease.
(h) In the event that Tenant wishes at any time to utilize the services of a telephone or telecommunications provider whose equipment is not then servicing the Building, no such provider shall be permitted to install its lines or other equipment within the Building without first securing the prior written approval of the PremisesLandlord. Landlord's approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, Sections 9any warranty or representation as to the suitability, 22 competence, or financial strength of the provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's satisfaction, it shall be reasonable for Landlord to refuse to give its approval:
(i) Landlord shall incur no expense whatsoever with respect to any aspect of the providers provision of its services, including without limitation, the costs of installation, materials and 31services; (ii) prior to commencement of any work in or about the building by the provider, the provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests of the building relating to the proposed activities of the provider, (iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the building, the Tenants in the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations; (iv) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the provider's equipment and materials; (v) the provider agrees to abide by Landlord requirements, if any, that provider use existing building conduits and pipes or use building contractors (or other Contractors approved by Landlord); (vi) the provider agrees to deliver to Landlord detailed "as built plans immediately after the installation of the provider's equipment is complete; and (vii) all of the foregoing matters are documented in a written license agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord.
Appears in 1 contract
Samples: Lease Agreement (Advancepcs)
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
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
SATELLITE DISH. Subject 24.31.1 Landlord hereby agrees that Tenant shall have the nonexclusive right at Tenant's sole cost and expense (but without any additional rent payable to compliance with all applicable Legal RequirementsLandlord) and subject to the provisions of this Section 24.31, to install one (1) satellite dish which shall not exceed eighteen (18) inches in diameter ("SATELLITE DISH") on the roof of the Building in a location designated by Landlord. In addition, Tenant shall have the exclusive right right, subject 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 available capacity of the Buildings. AdditionallyBuilding, Tenant shall have the right to install such wireconnection equipment, such as conduits, cables, risers, feeders and materials (collectively, the "CONNECTING EQUIPMENT") in the shafts, ducts, conduits, cables chases, utility closets and other materials facilities of the Building as is reasonably necessary to connect the Satellite Dishes Dish to Tenant’s allied 's other machinery and equipment in the Premises (Premises, subject however, to the Satellite Dishes provisions of Section 24.31.2, below, and subject to the availability of vertical riser and feeder excess capacity, as reasonably determined by Landlord. Tenant shall also have the right of access, consistent with Section 24.31.4, below, to the areas where any such connecting material being collectively referred to as Connecting Equipment is located for the “Satellite Dish Facilities”)purposes of maintaining, repairing, testing and replacing the same. However, prior to the 24.31
24.31.2 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 and related Connecting Equipment (hereby referred to together and/or separately as the "SATELLITE EQUIPMENT") shall be borne by Tenantperformed in accordance with and subject to the provisions of Article 8 of this Lease, and Tenant the Satellite Equipment 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 be treated for all purposes of this Lease of Landlordas if the same were Tenant's property. Tenant shall be responsible for 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 purposes of determining Tenant’s rental 's 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 with respect to its use of the roof of the Building herein provided, the portion of the roof of the Building affected by the Satellite Dish Facilities is otherwise subject Equipment shall be deemed to be a portion of Tenant's Premises; consequently, 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 Equipment, including, including without limitation, Sections 9provisions relating to compliance with requirements as to insurance, 22 indemnity, repairs and 31maintenance, and compliance with laws. Landlord shall have no obligation with regard to the affected portion of the roof or the Satellite Equipment except as provided in this Section 24.31.
24.31.3 It is expressly understood that Landlord retains the right to grant third parties the right to utilize any portion of the roof not utilized by Tenant and to use the portion of the roof on which the Satellite Equipment is located for any purpose whatsoever, provided in each event that Tenant shall have reasonable access to, and Landlord shall not unduly interfere with the use of, the Satellite Equipment.
24.31.4 Tenant shall install, use, maintain and repair the Satellite Equipment so as not to damage or interfere with the operation of the Building or the Systems and Equipment or any other communications or similar equipment located on the roof of the Building; and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims, costs, damages, expenses and liabilities (including attorney's fees) arising out of Tenant's failure to comply with the provisions of this Section 24.31.4.
24.31.5 Landlord shall not have any obligations with respect to the Satellite Equipment or compliance with any requirements relating thereto nor shall Landlord be responsible for any damage that may be caused to the Satellite Equipment except to the extent (i) caused by the negligence or willful misconduct of Landlord or Landlord's agents, employees or contractors, and (ii) not insured or required to be insured by Tenant under this Lease. Landlord makes no representation that the Satellite Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor.
24.31.6 Tenant, at Tenant's sole cost and expense, shall paint the Satellite Equipment in such color(s) as Landlord shall reasonably determine and shall maintain such equipment and install such fencing and other protective equipment on or about the Satellite Equipment as Landlord may reasonably determine.
24.31.7 Tenant shall (i) be solely responsible for any damage caused as a result of the Satellite Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any requirements in connection with the installation, maintenance or use of the Satellite Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) make necessary repairs, replacements to or maintenance of the Satellite Equipment.
24.31.8 If any of the conditions set forth in this Section 24.31 are not complied with by Tenant, then without limiting Landlord's rights and remedies it may otherwise have under this Lease, Tenant shall, upon written notice from Landlord, have the option either to (i) reposition the Satellite Equipment to a location designated by Landlord if Landlord elects to permit such repositioning, and make such repairs and restorations as required under Section 24.31.9 below, or (ii) correct such noncompliance within thirty (30) days after receipt of notice (or such longer period as may be reasonably required as long as Tenant commences such correction within such 30-day period and diligently prosecutes same to completion). If Tenant fails to correct noncompliance within such thirty (30) day period (as may be extended), then Tenant shall immediately discontinue its use of the Satellite Equipment and remove the same.
24.31.9 Upon the expiration of the Lease Term or upon any earlier termination of this Lease, Tenant shall, subject to the control of and direction from Landlord, remove the Satellite Equipment, repair any damage caused thereby, and restore the roof and other facilities of the Building to their condition existing prior to the installation of the Satellite Equipment.
24.31.10 Tenant's rights under this Section 24.31 shall be personal to the original Tenant executing this Lease and any assignee (including any Affiliate) to which Tenant's entire interest in this Lease has been assigned pursuant to Article 14, and may only be utilized by the such entities (and may not be exercised or utilized by any sublessee or other transferee of the original Tenant's interest in this Lease or the Premises).
Appears in 1 contract
Samples: Office Lease (Homestore Com 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
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 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 the Building for the purpose of installing (in accordance with Section IX.C of the Lease), operating and maintaining one or more dish, antenna or other communication device approved by the Landlord ( collectively the "Dish/Antenna"). Tenant shall pay, in addition to all other amounts required to be paid under this Lease, Landlord's scheduled rates for all roof space so leased, provided such Satellite Dishes rates shall not exceed rates then being charged for leases of roofs of comparable buildings in the Bellevue, Washington area. Landlord's current scheduled rates for roof space is attached as Exhibit G. The exact location of the space on the roof to be leased by Tenant shall be designated by Landlord (the "Roof Space"). Landlord reserves the right to 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 sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Dish/Antenna (the "Aesthetic Screening").
2. Landlord agrees that Tenant, upon reasonable prior written 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, the appurtenances and the Aesthetic Screening, if any, all of which shall be performed by Tenant or Tenant's authorized representative or contractors, which shall be approved by Landlord, at Tenant's sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant, FCC inspectors, or persons under their direct supervision will be permitted to have access to the roof of the Building and the Roof Space. Tenant further 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 of the Building and the Roof Space and the frequency of their visits.
3. It is further understood and agreed that the installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, will in no way damage the Building or the roof thereof, or interfere with the use of the Building and roof by Landlord. 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 or representatives.
4. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Building. In the event Tenant's equipment causes such interference, Tenant will change the frequency on which it transmits and/or receives and take any other steps necessary to eliminate the interference. If said interference cannot be eliminated within a reasonable period of time, in the judgment of Landlord, then Tenant agrees to remove the Dish/Antenna from the Roof Space.
5. Tenant shall, at its sole cost and expense, and at its sole risk, install, operate and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission (the "FCC"), the Federal Aviation Administration ("FAA") or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under this Lease, the Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant's equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna shall be required connected to provide Landlord's power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord with satisfactory assurance that nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the existing construction materials Dish/Antenna or the Roof Space because of any act, omission or requirement of the roof (public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such as stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the roof membrane) conduct or safety of any of Tenant's representatives, repair, maintenance and engineering personnel while in or on any part of the Building or the Roof Space.
6. The Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be protected from the Satellite Dishes. At removed by Tenant at its own expense at the expiration or earlier termination of this Lease or Tenant's right to possession hereunder. Tenant shall repair any damage caused by such removal, including the Leasepatching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant's Dish/Antenna equipment placed on or about the roof or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to appearance, in Landlord's reasonable discretion, and satisfactory condition as to safety, in Landlord's reasonable discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees that at all times during the Lease Term, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant's agents, employees or contractors.
7. In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant's option, to perform such work in conjunction with Tenant's contractor. In the event the Landlord contemplates roof repairs that could affect Tenant's Dish/Antenna, or which may remove result in an interruption of the Satellite Dish Facilities belonging Tenant's telecommunication service, Landlord shall formally notify Tenant at least thirty (30) days in advance (except in cases of an emergency) prior to Tenant, but the commencement of such contemplated work in order to allow Tenant to make other arrangements for such service.
8. Tenant shall remove not allow any Satellite Dish Facilities belonging provider of telecommunication, video, data or related services ("Communication Services") to locate any equipment on the roof of the Building or in the Roof Space for any purpose whatsoever, nor may Tenant use the Roof Space and/or Dish/Antenna to provide Communication Services to an unaffiliated third partytenant, occupant or licensee of another building, or to facilitate the provision of Communication Services on behalf of another Communication Services provider to an unaffiliated tenant, occupant or licensee of the Building or any other building.
9. Any work required Tenant acknowledges that Landlord may at some time establish a standard license agreement (the "License Agreement") with respect to restore the use of roof space by tenants of the Building. Tenant, upon request of Landlord, shall enter into such License Agreement with Landlord provided that such agreement is reasonably acceptable to Tenant and does not materially alter the rights of Tenant hereunder with respect to the Roof Space.
10. Tenant specifically acknowledges and agrees that the terms and conditions of Article XIV of the Lease (Indemnity and Waiver of Claims) shall apply with full force and effect to the Roof Space and any other portions of the roof of any other part of the Buildings from any damage occasioned by the installation, maintenance accessed or removal of the Satellite Dish Facilities shall be borne utilized by Tenant, and its representatives, agents, employees or contractors.
11. If Tenant shall indemnify and hold harmless Landlord from defaults under 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 Section or the Lease, and Tenant fails to Tenant’s use and occupancy cure said default within the time allowed by Article XIX of the PremisesLease, includingLandlord shall be permitted to exercise all remedies provided under the terms of the Lease, without limitationincluding removing the Dish/Antenna, Sections 9the appurtenances and the Aesthetic Screening, 22 if any, and 31restoring the Building and the Roof Space to the condition that existed prior to the installation of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any. If Landlord removes the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, as a result of an uncured default, Tenant shall be liable for all costs and expenses Landlord incurs in removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, and repairing any damage to the Building, the roof of the Building and the Roof Space caused by the installation, operation or maintenance of the Dish/Antenna, the appurtenances, and the Aesthetic Screening, if any.
12. Tenant shall be allowed to install fiber optics and related equipment in the Building for Tenant's own use, the design, location, and operating characteristics of which shall be subject to Landlord's reasonable approval.
Appears in 1 contract
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, (a) Tenant shall have the exclusive right right, subject to placethe provisions of this Section, from time to timeinstall, satellite dishesat its sole cost and expense, antennae and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on upon the roof of each the Building a satellite dish antenna. Tenant shall pay to Landlord, on a monthly basis as Additional Rent, a fee of $300.00 per month for the use of the Buildingsroof of the Building for the antenna. Additionally, The location of the antenna shall be mutually agreed upon by Landlord and 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 Commencement Date. The size, design, and appearance of any Satellite Dish Facilities, Tenant, at its expense, the antenna shall be required subject to provide Landlord with a certification by a registered professional structural engineer that the structural system approval of the all applicable governmental authorities and Landlord. No 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, penetrations shall be required to provide Landlord with satisfactory assurance permitted or made.
(b) In the event that Tenant constructs the existing antenna then, such 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 provisions of this Lease with respect Lease. Tenant further agrees that the provisions of Part 9 hereof shall apply to Tenant’s 's use and occupancy of the Premisesroof for the installation and operation of the antenna. Tenant shall maintain the antenna and the portion of the roof upon which is situated in a good, includingclean and proper condition and will, without limitationat the end of the Term, Sections 9remove the antenna and will return the building to its original appearance where the antenna was located subject to Landlord's approval. EXHIBIT "D" TO LEASE Between FIRST CAMPXXXX XXXOCIATES, 22 L.C., LOUDOUN CENTER L.C., FAIRFAX CORNER ASSOCIATES L.C., BLUE RIDGE ASSOCIATES L.C., MIRROR RIDGE ASSOCIATES L.C. AND KING STREET II L.C. (collectively, "Landlord") DIGITAL COMMERCE CORPORATION ("Tenant") Rules and 31Regulations This Exhibit "D" is attached to and made a part of that Office Lease Agreement dated January 24, 2000 (the "Lease"), between FIRST CAMPXXXX XXXOCIATES, L.C., LOUDOUN CENTER L.C., FAIRFAX CORNER ASSOCIATES L.C., BLUE RIDGE ASSOCIATES L.C., MIRROR RIDGE ASSOCIATES L.C. AND KING STREET II L.C. (collectively, "Landlord"), and DIGITAL COMMERCE CORPORATION, ("Tenant"). Unless the context otherwise requires the terms used in this Exhibit that are defined in the Lease shall have the same meanings as provided in the Lease. The following rules and regulations have been formulated for the safety and well-being of all tenants of the Building and to ensure compliance with governmental and other requirements. Any continuing violation of these rules and regulations by Tenant shall constitute a Default by Tenant under the Lease. Landlord may, upon request of any Tenant, waive compliance by such Tenant with any of the following rules and regulations, provided (i) no waiver shall be effective unless signed by Landlord; (ii) any such waiver shall not relieve such Tenant from the obligation to comply with such rule or regulation in the future unless otherwise agreed to by Landlord; (iii) no waiver granted to any Tenant shall relieve any other tenant from the obligation of complying with these rules and regulations, unless such other tenant has received a similar written waiver from Landlord; and (iv) any such waiver by Landlord shall not relieve Tenant from any liability to Landlord for any loss or damage occasioned as a result of Tenant's failure to comply with any rule or regulation.
1. Sidewalks, plaza areas, entrances, courts, elevators, stairways, corridors and all other public areas of the Building shall not be obstructed or encumbered by any tenant or used for any purpose other than ingress and egress to and from the premises of such tenant.
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. 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 Requirementsthe terms and conditions hereinafter set forth, Tenant shall have Landlord grants to Tenant, during the exclusive Term, the right to placeinstall, from time maintain, repair and replace a satellite or microwave dish relating to time, satellite dishes, antennae and other communication or transmission devices (such devices being referred to as Tenant’s business in the “Satellite Dishes”) Premises on the roof of each of the Buildings. AdditionallyBuilding where designated by Landlord, for receiving signals relayed by satellite and, except as otherwise provided, to connect such equipment through existing mechanical shafts to the Premises.
(a) If Tenant desires to exercise such right, Tenant shall have the right give a written notice to install such wire, conduits, cables and other materials as necessary that effect to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises Landlord (the Satellite Dishes and any such connecting material being collectively referred to as the a “Satellite Dish FacilitiesNotice”). HoweverThe Satellite Notice shall specify in detail the requirements of such installation, prior all of which shall be subject to the installation approval of any Satellite Dish Facilities, Tenant, at Landlord. Landlord shall not unreasonably withhold its expense, shall be required to provide Landlord with a certification by a registered professional structural engineer approval provided that the structural system use of the roof is for such purposes shall (i) be compatible with Landlord’s use of the roof, (ii) be subject to Landlord’s supervision, (iii) not adversely affect the structural safety or integrity of the Building, (iv) meet reasonable aesthetic and other standards of Landlord and Landlord’s architect and:(v) satisfy other conditions hereinafter set forth. If Landlord approves Tenant’s use of the roof for such purposes. Landlord shall designate by written notice to Tenant an appropriate area for such installation (“Installation Area”). Landlord shall use good faith efforts to select an Installation Area which will be consistent with adequate reception. The right granted to support Tenant under this Section shall be subject to the superimposed loads produced by any Satellite Dishes at the location following conditions precedent:(l) there must be available space on the roof and existing mechanical shafts from the roof to the Premises for Tenant’s, proposed installation; (2) Landlord’s architect shall approve of the location of the Installation Area (acting reasonably) and the appearance of those portions of the equipment to be visible to the public; (3) Landlord’s structural engineer shall approve of the location of the Installation Area (acting reasonably), the design and specifications of the equipment, the load caused on roof of the Building by such equipment, and other structural requirements of the installation; (4) The installation must comply with the applicable requirements of any covenant, condition or restriction of record and any municipal, county, state, federal or other governmental ordinance, law, rule or regulation including, but not limited to zoning . ordinances; and (5) the installation and operation of such Satellite Dishes equipment shall not interfere with the safety or operations of the Building or reduce or affect its structural integrity, and Tenantshall comply with me terms of this lease.
(b) Tenant shall pay all costs and expenses of any kind related to the installation, at operation, maintenance or removal of its expensecommunication equipment, including any reasonable architect’s or engineering fees incurred in connection with required approvals, but Tenant shall not be obligated to pay any fee for the roof or access thereto. Tenant shall maintain all such equipment in good repair. Tenant shall be required responsible for any damage, loss or injury to provide Landlord with satisfactory assurance that the existing construction materials Building or other property and for any injury to persons caused by installation; operation, maintenance or removal of the roof (such as the roof membrane) shall be protected from the Satellite Dishesequipment. At Upon the expiration or earlier termination of the Leasethis lease, TenantTenant shall, at its sole cost and expense, may (i) 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 commmunication equipment and restore that portion of the roof of the Building where the communications equipment was located to its condition existing prior to the installation thereof, ordinary wear and tear excepted, and (ii) repair any other part damage or destruction caused by such removal. Restoration and repair herein required to be performed by Tenant shall be completed under the supervision of Landlord or Landlord’s representative. Notwithstanding the foregoing, Tenant shall not remove, and shall not be reimbursed for the cost thereof, any portion of the Buildings from any communication equipment which is embedded or permanently attached in or to the Building including, but not limited to, cables and other wiring, unless Landlord so directs otherwise. To the extent not expressly prohibited by law, Tenant agrees to hold Landlord and its beneficiaries, and their agents, servants and employees, harmless and to indemnify each of them against claims and liabilities, including reasonable attorney’s fees, for injuries to persons and damage occasioned by to or theft, misappropriation or loss, of property occurring in or about the Building and arising out of 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 installationmaintenance, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilities, removal 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 other 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 31communications equipment installed hereunder.
Appears in 1 contract
Samples: Office Lease (EMAK Worldwide, 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 and 31installation, maintenance, use or removal of the Satellite Dish. The rights granted to Tenant pursuant to this paragraph may not be assigned.
Appears in 1 contract
Samples: Lease Agreement (Finisar Corp)
SATELLITE DISH. Subject Landlord grants to compliance with all applicable Legal Requirements, Tenant shall have the non-exclusive right to placeinstall one (1) satellite dish, 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 Tenantthe Building designated by Landlord, together with associated wiring from the antenna to the Premises (collectively, the "Antenna"), at its expense, any time during the Term of this Lease (including any extension or renewal thereof) and to use the Antenna solely in connection with the conduct of Tenant's business subject to the terms of this Lease and to the following additional terms:
(a) The Antenna shall be required installed at Tenant's sole expense at such specific location, in such manner, and by such contractors as shall be approved in writing by Landlord and Landlord's Antenna Site Manager; provided, however, that in no event shall the approval by the Antenna Site Manager be unreasonably withheld, delayed or conditioned. Tenant shall be responsible for all costs and expenses of Landlord relating to provide Landlord with satisfactory assurance that the existing construction materials installation of the roof Antenna, including the costs of any consultant or supervision necessary in connection with such installation, payable as Additional Rent within thirty (such as 30) days after Landlord's invoice.
(b) The functional characteristics, size, design, color and general appearance of the roof membrane) Antenna shall be protected from the Satellite Dishessubject to prior approval in writing by Landlord and Landlord's Antenna Site Manager, which approval shall not be unreasonably withheld or delayed by either party. At the expiration Such approval shall not create any warranty by or earlier termination of the Lease, Tenant, impose any liability for Landlord.
(c) Tenant shall at its expenseexpense repair and maintain the Antenna in good and safe condition and in compliance with applicable laws, may remove and Landlord shall have no responsibility for any damage to or interference with the Satellite Dish Facilities belonging to Tenant, but Antenna from any cause whatsoever. 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 be responsible for and shall at its sole expense repair any damage occasioned caused by the installation, maintenance maintenance, operation, condition, or removal use of the Satellite Dish Facilities Antenna, and any related roof or wall penetrations, including, without limitation, any water damage or other damage to the Building or Landlord's or other tenant's premises or personal property. Tenant shall be borne responsible for all utilities, expenses, taxes or assessments in connection with the Antenna and shall obtain and keep in effect any and all licenses, permits and other governmental approvals which are or may become required for the operation and use of the Antenna. All work to be done by Tenant, Tenant pursuant to this Section shall otherwise be subject to the terms and conditions of this Lease.
(d) Tenant shall indemnify and hold harmless Landlord from any losses, costs, expensesclaims, liabilities and the likeactions, causes of action, expenses (including reasonable attorneys’ attorney's fees, occasioned ) or liabilities of any sort whatsoever arising 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 reason 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, maintenance, operation, maintenance and repair thereofcondition, 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 LandlordAntenna or the exercise of any of Tenant's rights under this Section.
(e) Upon the expiration or termination of this Lease, which approval will not be unreasonably withheld or delayed. However, Landlord reserves the termination of Tenant's 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 possession of the Premises, includingTenant shall remove the Antenna and repair any damage resulting from such removal at Tenant's sole expense.
(f) Landlord may relocate the Antenna on not less than ninety (90) days' prior written notice to Tenant to another location at the Building suitable for Tenant's purposes. The expense of such relocation shall be paid by Landlord, except that all such expenses shall be paid by Tenant if the relocation is necessitated by applicable legal or insurance requirements as reasonably determined by Landlord. Landlord may interrupt or turn off the Antenna, on reasonable prior notice to Tenant, in the event of an emergency or as reasonably necessary in connection with repairs to the Building.
(g) Tenant shall not cause or permit the Antenna to interfere with other communication devices now or hereafter installed at the Building. In case of any such interference, Tenant shall at its expense use best efforts to promptly eliminate such interference. Tenant shall not allow other tenants of the Building or any other person to utilize the Antenna without limitationfirst obtaining Landlord's written consent. The rights granted in this Section relating to the Antenna may not be transferred by Tenant except in connection with an assignment permitted by this Lease. The obligations of Tenant contained in this Section shall survive the termination of this Lease.
(h) Tenant shall not be obligated to pay any separate rental for the right to install and operate the Antenna.
(i) Upon the occurrence of any default under this Section, Sections 9in addition to Landlord's other rights and remedies, 22 Landlord may, immediately and 31without further notice or legal process, terminate Tenant's rights under this Section and disconnect, remove and store the Antenna at Tenant's expense.
Appears in 1 contract
Samples: Office Lease (Capella Education Co)
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
SATELLITE DISH. Subject to compliance with all Provided this Lease shall be in full force and effect and Tenant shall not be in default hereunder beyond any applicable Legal Requirementsgrace period, Tenant shall have may, at its sole cost and expense, install and operate during the exclusive right Term, a small (not to place, from time to time, exceed eighteen (18) inches in diameter) satellite dishes, antennae and other communication or transmission devices dish (such devices being referred to as hereinafter the “Satellite DishesDish”) on the roof of each of the Buildings. AdditionallyBuilding at a location to be designated by Landlord, and reasonably acceptable to 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 hereinafter the “Satellite Dish FacilitiesInstallation Area”). However, prior to the 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, Dish shall be required subject to provide Landlord with satisfactory assurance that the existing construction materials of the roof following:
(such as the roof membranea) Tenant shall be protected from the Satellite Dishes. At the expiration not install or earlier termination of the Lease, Tenant, at its expense, may remove operate the Satellite Dish Facilities belonging until it receives prior written approval from Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Without limitation 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 generality of the Buildings from any damage occasioned by preceding sentence, it shall not be unreasonable for Landlord to withhold approval if the installation, maintenance installation or removal operation of the Satellite Dish Facilities shall may (i) damage the Building or roof membrane, (ii) limit or void the roof warranty, and/or (iii) not be borne by Tenantin keeping with the aesthetics of the Building. Prior to commencing installation, and Tenant shall indemnify provide Landlord with (1) detailed 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 the Satellite Dish, (2) copies of all required permits, licenses and authorizations, which Tenant will obtain at its own expense and which Tenant will maintain at all times during the operation of the Satellite Dish Facilities Dish, and (including iii) a Certificate of Insurance evidencing insurance coverage as required by this Lease and any other insurance reasonably required by Landlord for the attachment thereto installation and operation of the Satellite Dish.
(b) Tenant warrants and represents that (i) Tenant shall repair in a good and workmanlike manner any damage to the roofroof of the Building caused by the installation of the Satellite Dish, (ii) and for all costs and expenses arising from and relating to the maintenance of the Satellite Dish Facilities and on the roof or the operation thereof shall not cause interference with any telecommunications, mechanical or other systems either located at or servicing the Building (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building) or located at or servicing any building, premises or location in the vicinity of the Building limited however to that permissible under applicable F.C.C. regulations to the extent that such regulations apply, (iii) the installation, operationexistence, maintenance and repair thereof, and, if Tenant elects to remove operation of the Satellite Dish Facilitiesshall not constitute a violation of any applicable laws, or for those ordinances, rules, orders, regulations, etc. of any Federal, State, county and municipal authorities having jurisdiction thereover.
(c) The installation of the Satellite Dish Facilities for which removal is required, for shall be made subject to and in accordance with all of the removal thereofprovisions of this Lease. The contractors performing the installation of the Satellite Dish and/or performing any work on or to the roof of the Building shall be approved or designated by Landlord prior to the commencement of any work.
(d) Tenant covenants and agrees that the installation, maintenance operation and removal of the Satellite Dish Facilities shall will be performed by contractors at its sole risk. Xxxxxx agrees to indemnify and workers first approved by defend Landlord against all claims, actions, damages, liabilities and expenses including reasonable attorney’s fees and disbursements in connection with the loss of life, personal injury, damage to property or business or any other loss or injury or as a result of any litigation arising out of the installation, operation or removal of the Satellite Dish.
(e) Landlord, which approval will not be unreasonably withheld or delayed. Howeverat its sole option, Landlord reserves the right to may require Tenant, at Tenant’s expenseany time prior to the Expiration Date, to use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, terminate 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 operation of the Satellite Dish Facilitiesif it is causing physical damage to the structural exterior of the Building, interfering with any other service provided to other tenants in the Building, interfering with any other tenant’s business, in excess of that permissible under F.C.C. regulations to the extent that such regulations apply and such regulations shall not require such tenants or those providing such services to correct such interference. Notwithstanding the foregoing, if Tenant can correct the damage or disturbance caused by the Satellite Dish to Landlord’s reasonable satisfaction, Tenant may restore its operation. If the Satellite Dish is not corrected and restored to operation within thirty (30) days, Landlord, at its sole option, may require that Tenant remove the Satellite Dish at its own expense.
(f) At the expiration or sooner termination of this Lease, or upon termination of the operation of the Satellite Dish, or revocation of any license issued, Tenant shall remove the Satellite Dish (and all associated wiring and other appurtenances) from the Building and repair and damage caused thereby, at Tenant’s sole cost and expense. Tenant may sublease to unaffiliated third parties rooftop rights for shall leave the installation of Installation Area in good order and repair. If Tenant does not remove the Satellite Dish Facilitieswhen so required, without Landlord’s consent, but Tenant shall give hereby authorizes 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 remove and no Rent therefor shall be charged during the Term (including any renewal period specifically provided under this Lease). However, Tenant’s use dispose of the Satellite Dish Facilities is otherwise subject and to charge Tenant for all of the terms reasonable costs and conditions of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31expenses incurred.
Appears in 1 contract
Samples: Office Lease (Behringer Harvard Opportunity REIT II, 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 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 24.1. Landlord hereby grants Tenant the nonexclusive right, at Tenant's sole cost and expense, and subject to compliance with all applicable Legal Requirementsthe provisions of this Lease, to install one (1) antenna pursuant to specifications to be agreed upon between Landlord and Tenant ("Antenna"), on the roof of the Building in a location reasonably designated by Landlord. In addition, Tenant shall have the exclusive right right, subject 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 available capacity of the Buildings. AdditionallyBuilding, Tenant shall have the right to install such wireconnection equipment, such as conduits, cables, risers, feeders and materials (collectively, the "Connecting Equipment") in the shafts, ducts, conduits, cables chases, utility closets and other materials facilities of the Building as is reasonably necessary to connect the Satellite Dishes Antenna to Tenant’s allied 's other machinery and equipment in the Premises (Premises, subject however, to the Satellite Dishes provisions of Section 24.2 below, and subject to the availability of vertical riser and feeder excess capacity, as reasonably determined by Landlord. Tenant shall also have the right of access, consistent with Section 24.4, below, to the areas where any such connecting material being collectively Connecting Equipment is located for the purposes of maintaining, repairing, testing and replacing the same.
24.2. The installation of the Antenna and related Connecting Equipment (hereby referred to together and/or separately as the “Satellite Dish Facilities”). However, prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, "Antenna Equipment") shall be required performed in a good and workmanlike manner, and the Antenna Equipment shall be treated for all purposes of this Lease as if the same were Tenant's property. For the purposes of determining Tenant's obligations with respect to provide Landlord with a certification by a registered professional structural engineer that the structural system its use of the roof of the Building herein provided, the portion of the roof of the Building affected by the Antenna Equipment shall be deemed to be a portion of the Premises; consequently, all of the provisions of this Lease with respect to the Premises shall apply to the installation, use and maintenance of the Antenna Equipment, including without limitation, provisions relating to compliance with requirements as to insurance, indemnity, repairs (to the extent required by the acts of Tenant) and maintenance (to the extent required by the acts of Tenant), and compliance with laws. Landlord shall have no obligation with regard to the affected portion of the roof or the Antenna Equipment except as provided in this Section 24.
24.3. It is adequate expressly understood that Landlord retains the right to support grant third parties the superimposed loads produced right to utilize any portion of the roof not utilized by Tenant and to use the portion of the roof on which the Antenna Equipment is located for any Satellite Dishes at purpose whatsoever, provided in each event that Tenant shall have reasonable access to, and Landlord shall not unduly interfere with the location use of, the Antenna Equipment.
24.4. Tenant shall install, use, maintain and repair the Antenna Equipment so as not to damage or interfere with the operation of the Building or the mechanical, electrical, plumbing, HVAC or communications systems of the Building (collectively the "Systems and Equipment") or any other communications or similar equipment located on the roof of such Satellite Dishes the Building, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims, costs, damages, expenses and liabilities (including attorney's fees) arising out of Tenant's failure to comply with the provisions of this Section 24.4.
24.5. Except as expressly set forth in this Article 24, Landlord shall not have any obligations with respect to the Antenna Equipment or compliance with any requirements relating thereto nor shall Landlord be responsible for any damage that may be caused to the Antenna Equipment, except and to the extent caused by the negligent or willful acts of Landlord, its agents, employees or contractors. Landlord makes no representation that the Antenna Equipment will be able to receive or transmit communication signals without interference or disturbance and Tenant agrees that Landlord shall not be liable to Tenant therefor, subject to the provisions of Section 24.3.
24.6. Tenant, at its Tenant's sole cost and expense, shall paint the Antenna Equipment in such color(s) as Landlord shall reasonably determine and shall maintain such equipment and install such fencing and other protective equipment on or about the Antenna Equipment as Landlord may reasonably determine to be required to provide Landlord with satisfactory assurance that the existing construction materials appropriate.
24.7. Tenant shall (i) be solely responsible for any damage caused as a result of the roof Antenna Equipment, except and to the extent caused by the negligent or willful acts of Landlord, its agents, employees or contractors, (ii) promptly pay any tax, license or permit fees charged pursuant to any requirements in connection with the installation, maintenance or use of the Antenna Equipment and comply with all precautions and safeguards recommended by any governmental authority, and (iii) make necessary repairs, replacements or maintenance of the Antenna Equipment.
24.8. If any of the conditions set forth in this Section 24 are not complied with by Tenant, then without limiting Landlord's rights and remedies it may otherwise have under the Lease, Tenant shall, upon written notice from Landlord, have the obligation either to (i) reposition the Antenna Equipment to a location reasonably designated by Landlord (if Landlord elects to permit such repositioning), and make the repairs and restorations required under Section 24.9 below, or (ii) otherwise correct such noncompliance within ten (10) days after receipt of written notice (or such longer period as may be reasonably required as long as Tenant commences such correction within such 10-day period and diligently prosecutes same to completion). If Tenant fails to correct such noncompliance within such ten (10) day period (as may be extended as set forth above), then Tenant shall immediately discontinue its use of the roof membrane) shall be protected from Antenna Equipment and remove the Satellite Dishessame, in all events at Tenant's sole expense.
24.9. At Upon the expiration or earlier termination of the Lease, TenantTenant shall, at its expensesubject to the control and direction of Landlord, may remove the Satellite Dish Facilities belonging to TenantAntenna Equipment, but Tenant shall remove repair any Satellite Dish Facilities belonging to an unaffiliated third party. Any work required to damage caused thereby, and restore the roof of any and other part facilities of the Buildings from any damage occasioned by Building to their condition existing prior to the installation, maintenance or removal installation of the Satellite Dish Facilities shall be borne by TenantAntenna 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 that they are conditioned as a result of the negligenceuse, willful misconduct installation or breach operation of the Antenna Equipment.
24.10. Tenant's rights pursuant to this Lease of Landlord. Tenant shall be responsible for personal to Tenant and may not be assigned without the installation written consent 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 consent shall not be unreasonably withheld or delayed. HoweverIf Tenant exercises its rights under this Article 24 (and only for so long as Tenant exercises its rights under this Article 24), Tenant shall pay to Landlord, on or before the first (1st) day of each calendar month during the Term, pro-rated for any partial month, the sum of $250.00 as Additional Rent, which amount shall automatically increase by four percent (4%) on date of each Fixed Monthly Rent adjustment pursuant to Section 3.3 of the Lease. Tenant's failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days' notice, Landlord reserves shall have the right to require Tenantremove the Antenna Equipment, at Tenant’s '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 (A) For use in its business operation, Tenant may affix an antenna or satellite dish ("Dish") on the exterior of the Leased Premises in a location designated by Landlord provided that:
(i) Tenant obtains Landlord's prior written approval, not to compliance be unreasonably withheld or delayed, of its plans showing the location, size, design, and method of installation of the Dish (Tenant agreeing to use the smallest Dish available in the region); and Tenant obtains all necessary permits and complies with all applicable Legal Requirementslaws, ordinances and building codes and delivers copies of these documents to Landlord within ten days of installation:
(ii) The Dish will be mounted on the rear wall of the Leased Premises, unless Landlord agrees in writing to permit Tenant shall have to mount 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 Leased Premises. In which case the roof membrane and surface must remain undisturbed so as to ensure that the roofing bond and/or warranty will remain in full force and effect and in any event, neither Tenant, nor its contractors, employees, or agents will go on the roof at any time in the process of installing, servicing, or repairing the Buildings. AdditionallyDish without being accompanied by an authorized representative of Landlord or Landlord's roofing contractor (Tenant hereby agreeing to pay the reasonable fee charged by the roofing contractor for the service); and
(iii) If requested by Landlord, Tenant shall have obtain appropriate engineering studies prior to Installation of the right Dish, showing that the wall (or roof) can support the Dish, and Tenant shall furnish these reports to install such wire, conduits, cables Landlord prior to installation;
(iv) Tenant required its Dish installer to carry worker's compensation Insurance and other materials liability insurance satisfactory to Landlord naming Landlord as necessary an additional insured on the Installer's Insurance policies; and causes Xxxxxx's insurer to connect the Satellite Dishes to Tenant’s allied machinery and equipment endorse Xxxxxx's insurance policies required in the Premises Lease to also cover the dish and the indemnity provision contained in this Article.
(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, v) Tenant shall be required responsible for all injury to provide persons or damage to property, and shall indemnify, defend and hold Landlord with harmless (except for liability arising out of a certification by a registered professional structural engineer that the structural system negligent act of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on the roof Landlord) from and against all damages, losses, claims, liabilities, injuries, expenses (including legal fees and court costs) of such Satellite Dishes and Tenant, at its expense, shall be required to provide Landlord with satisfactory assurance that the existing construction materials every nature whatsoever arising out 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 operation of the Dish or arising in any way out of the existence of the Dish;
(vi) The Dish shall remain the property of Tenant upon the termination of the Lease. Tenant shall remove the Dish and repair any marks or damage caused by the installation and/or removal of the Satellite Dish;
(vii) The Dish Facilities will not interfere with the business, visibility and operation of any other tenant of the Shopping Center (including their equipment) and, if so requested by Landlord, Xxxxxx agrees to install any reasonable screening devices to ensure that the equipment cannot be viewed by the public.
(viii) Nothing contained herein shall be borne by Tenantoperate to limit Landlord's right to change or alter the Shopping Center in any way, and Tenant shall, upon twenty days written notice from Landlord, relocate its Dish as reasonably directed by Xxxxxxxx;
(ix) This consent 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 apply only to the extent caused by Dish being considered on the negligence, willful misconduct or breach of this Lease of Landlord. Tenant shall be responsible date Landlord approves the plans 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, Dish; if Tenant elects wishes to remove replace the Satellite Dish FacilitiesDish, 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 Tenant must obtain Landlord, which approval will 's prior written consent not to 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. new Dish; and
(x) Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access has consented 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 the Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice of based upon Xxxxxx's representation that no reasonable person could claim that harmful radiation could be emitted from the existence of Dish; if 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 claim is made, Tenant will immediately remove 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 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
SATELLITE DISH. Subject to Tenant’s compliance with the CC&Rs and all applicable Legal Requirementsgovernmental requirements, Landlord hereby grants the Tenant shall have a license to use a portion of the exclusive roof of the Building in a location to be reasonably determined by Landlord to install a satellite dish (the “Dish”) and the right to place, run connecting lines to the Dish from time to time, satellite dishes, antennae the Premises (the Dish and other communication or transmission devices (such devices being connecting lines and equipment are herein referred to as the “Satellite DishesEquipment”) on provide Tenant complies with the following:
(a) Tenant shall not install or reinstall the Equipment or do anything in such a manner that would void Landlord’s roof warranty or otherwise damage the roof. The plans and specifications for, and the method of installation of, all the Equipment shall be approved by Landlord in writing prior to any installation, such approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall be responsible for any damage to the roof or conduit systems as a result of each Tenant’s installation, maintenance and/or removal of the BuildingsEquipment. AdditionallyThe location of the Dish and the other Equipment shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant, at Tenant’s sole expense, shall comply with all laws regarding the installation, construction, operation, maintenance, repair, and removal of the Equipment and shall be solely responsible for obtaining and maintaining in force all permits, licenses and approvals necessary for the foregoing. If necessary, Tenant shall have provide effective sound and vibration barriers as reasonably required by Landlord. Tenant shall install and operate the right to install Equipment in such wirea way that it does not interfere in any manner with equipment or communications systems of other tenants of the Project.
(c) Tenant shall be responsible for and promptly pay when due all taxes, conduitsassessments, cables charges, fees and other materials governmental impositions levied or assessed by a governmental authority on the Equipment or based on the operation thereof.
(d) Tenant shall not use or allow use of the Equipment, for consideration or otherwise, for the benefit of other person or entity that is not an occupant of the Premises.
(e) Tenant shall screen and repaint the Equipment as necessary may from time to connect time be reasonably required by Landlord and Tenant shall maintain the Satellite Dishes to Equipment in good condition and repair, at Tenant’s allied machinery cost and equipment expense.
(f) The Equipment shall comply with all non-interference rules of the Federal Communications Commission. 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 any of the Premises Equipment poses a human health or environmental hazard and Landlord retains a qualified expert in such matters to review the situation and such expert concurs with Landlord’s judgment, and such situation 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 Satellite Dishes applicable Equipment until such situation is remedied. Tenant shall indemnify, defend (by counsel acceptable to Landlord) and hold harmless Landlord from any and all claims, demands, liabilities, damages, judgments, costs and expenses (including 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.
(g) Landlord shall have no responsibility or liability whatsoever relating to: (i) maintenance or repair of the Equipment; (ii) damage to the Equipment, unless caused by Landlord’s intentional or grossly negligent acts; (iii) damage to persons or property relating to the Equipment or the operation thereof; or (iv) interference with use of the Equipment arising out of utility interruption. Tenant acknowledges that Landlord shall have no obligation whatsoever to improve, maintain or repair the area in which the Equipment will be installed.
(h) Tenant shall, at Tenant’s sole expense, remove the Dish and such connecting material being collectively referred other portions of the Equipment as Landlord may designate, and restore the affected areas to as the “Satellite Dish Facilities”). However, their condition prior to the installation of any Satellite Dish Facilities, Tenant, at its expense, shall be required the Equipment in such a manner so as not to provide Landlord with a certification by a registered professional structural engineer that the structural system of the invalidate or limit Landlord’s 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 warranty no later than thirty (such as the roof membrane30) shall be protected from the Satellite Dishes. At the days after expiration or earlier termination of the Lease.
(i) The covenants, Tenant, at its expense, may remove the Satellite Dish Facilities belonging to Tenant, but obligations and indemnities of 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 under this paragraph survive expiration 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 earlier termination 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 31reason.
Appears in 1 contract
Samples: Lease Agreement (Planar Systems Inc)
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, 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: Sublease (Intelepeer 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: Lease Agreement (Nbty 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: Lease (Youcentric Inc)
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements51.1 Tenant may, at its sole cost and expense, erect, maintain, install and operate for the business purposes of Tenant shall have during the exclusive right to placeterm of the lease, from time to timeor any extension thereof, a satellite dishestransmittal/receiving dish antenna (the "Satellite Dish") on the Property, antennae if possible, and other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) otherwise on the roof of each of the Buildings. AdditionallyBuilding, provided that (i) Tenant shall have comply with all applicable laws, orders and regulations, and the right to install such wireterms and conditions of this lease, 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 ii) the installation of any Satellite Dish Facilities, Tenant, at its expense, thereof shall be required to provide Landlord with a certification by a registered professional not cause excess structural engineer that stress affecting the structural system load bearing capacity of the roof is adequate to support of the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes Building, and Tenant, at its expense, (iii) Tenant shall be required responsible for any and all damage to provide Landlord with satisfactory assurance that the existing construction materials Building caused by or arising out 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. Tenant's right to install the Satellite Dish Facilities shall include the right to run cable lines to the Leased Premises. Landlord hereby reserves the right to grant to other tenants the right to use the roof for similar purposes.
51.2 The Satellite Dish shall be borne by Tenantinstalled in accordance with plans, specifications and configurations submitted to Landlord for review, and Landlord shall have the right to approve the size, location, aesthetics and manner of installation of the Satellite Dish, said approval not to be unreasonably withheld or delayed. In the event that any penetrations of the roof of the Building shall be required, the Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities and be required to utilize the like, including reasonable attorneys’ fees, occasioned by any damage to property and injury or death to persons caused by services of the Landlord's roofing contractor in connection with 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 promptly reimburse Landlord for all reasonable costs and expenses arising from and relating to expenses, including attorneys' fees, incurred by Landlord in connection with the Satellite Dish Facilities and Dish. Tenant shall obtain any governmental licenses and/or permits now or hereafter required for 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 installationuse, maintenance and removal of the Satellite Dish Facilities and related facilities.
51.3 Upon notice to Landlord, and provided that the Satellite Dish may not be located on the ground, Tenant shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves given access to such part of the right to require roof of the Building (the "Rooftop Space") for the limited purpose of exercising 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 's rights with respect to the Satellite Dish Facilities in order Dish, subject to install, operate, maintain, inspect reasonable controls and remove, as required, restrictions imposed by Landlord from time to time. Tenant agrees that the Satellite Dish Facilitieswill operate in a band to be used for broadcast and reception only, and may not be used in any fashion which would cause any interference to any data processing operation or any other antennae, radio systems or microwave dishes located at the Building, and any such interference shall be eliminated within a reasonable period of time not to exceed seventy-two (72) hours after notice of the same is given to Tenant. Landlord Tenant shall not unreasonably interfere with or impair the use, operation, maintenance or repair of at all times maintain the Satellite Dish Facilities. Tenant may sublease to unaffiliated third parties rooftop rights for the installation of Satellite Dish Facilitiesand related facilities in good order and repair, without Landlord’s consent, but Tenant and 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 pay all of the terms and conditions of this Lease with respect to Tenant’s use and occupancy of the Premisescosts therefor, including, without limitation, Sections 9the cost of electricity. Upon expiration or termination of this lease, 22 Tenant shall, at its own expense, and 31in accordance with applicable laws, remove the Satellite Dish and all related conduits, cables and facilities installed on or in the Building and repair any damage caused by such removal to, and restore, the Rooftop Space, the Leased Premises and the Building.
51.4 Tenant agrees to indemnify, defend and save Landlord, its employees and its agents, other tenants, licensees, invitees and their beneficiaries harmless from and against any and all losses, damages, costs (including the cost of litigation and attorneys' fees), claims, penalties and liabilities of any nature whatsoever arising out of or in connection with the Satellite Dish and other facilities related thereto, and shall carry contractual liability insurance to cover the liability hereby assumed.
Appears in 1 contract
Samples: Lease Agreement (Lifecell Corp)
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. 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 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 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 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 Lessee shall have the right to compliance maintain the existing satellite dish antenna not exceeding twenty-four (24) inches in diameter on the roof of the Building provided that:
(a) such antenna shall be used solely by Lessee and those occupying all or portions of the Premises pursuant to an assignment or sublease with Lessee made in accordance with the provisions of Section 8.0 of this Lease, unless Lessor otherwise agrees in writing;
(b) to the extent to which the issuer of the warranty on the roof requires, as a condition to the continued validity of such warranty, that only contractors approved by such issuer perform work on the roof, Lessee shall employ only such contractors as are approved by such issuer and shall submit evidence of such approval to Lessor reasonably satisfactory to Lessor prior to commencing any work on the roof;
(c) Lessee shall, at its sole cost, maintain such antenna in good operating condition and in accordance with all applicable Legal Requirements, Tenant the provisions of applicable insurance policies, and the requirements of all existing restrictions, easements and encumbrances of record affecting the Land; and
(d) Lessee shall, at its sole cost, remove such antenna on or prior to the date on which the Term expires or this Lease is terminated, and shall have restore 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 surface of the roof of each of to 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 condition in the Premises (the Satellite Dishes and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, which it was prior to the installation of any Satellite Dish Facilitiessuch antenna, Tenant, at its expense, shall be required to provide Landlord with a certification again using only such contractor as is approved by a registered professional structural engineer that the structural system issuer of the roof is adequate to support the superimposed loads produced by any Satellite Dishes at the location on warranty covering the roof of the Building, and Lessee shall submit evidence of such Satellite Dishes and Tenant, at its expense, approval to Lessor reasonably satisfactory to Lessor prior to commencing any work on the roof. "All work done by or on behalf of Lessee pursuant to this Section 25.0 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 subject 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 requirements set forth elsewhere 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 the performance of Alterations. Lessor may inspect such work at any time or times and occupancy shall promptly give notice to Lessee of the Premisesany observed defects. Lessee shall indemnify, includingdefend and hold harmless Lessor from and against any and all liability, without limitationdamage, Sections 9penalties or judgments and from and against any claims, 22 actions, proceedings and 31expenses and costs in connection therewith, including reasonable attorneys' fees, resulting from any work performed by or on behalf of Lessee pursuant to this Section 25.0. Such antenna shall be at Lessee's sole risk, Lessor shall have no responsibility to maintain any insurance on it, and Lessor shall not otherwise be responsible for any damage or destruction to such antenna unless such damage or destruction is caused by Lessor's negligence."
Appears in 1 contract
Samples: Lease Extension Agreement (Millennium Pharmaceuticals Inc)
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
SATELLITE DISH. Subject SECTION 42.01. In the event that and as long as Owner installs a master satellite dish ("Master Satellite Dish") in the Building, Owner shall permit Tenant to compliance connect to the Master Satellite Dish, upon payment to Owner of any reasonable and competitive charges (in similar work and services in the Borough of Manhattan) imposed by Owner in connection with the connection to and use of the Master Satellite Dish. Tenant's cables connecting to the Master Satellite Dish shall run through such conduits, pipes and shafts in the Building designated by Owner. Tenant shall comply with all applicable Legal Requirements, Tenant shall have the exclusive right to place, reasonable rules and regulations imposed by Owner from time to time, satellite dishes, antennae time with respect to the use of the Master Satellite Dish provided that ail such rules and other communication or transmission devices regulations shall be applied in a nondiscriminatory fashion with Tenant given "most favored nation status" with respect to any rules and regulations and connection to and use of the Master Satellite Dish (such devices being referred with appropriate adjustment based on the number of square feet of the Demised Premises). Owner agrees to operate and maintain in good condition the Master Satellite Dish throughout the period of Tenant's connection thereto and make all repairs and replacements thereto as and when needed.
SECTION 42.02. In the “event that Owner does not install the Master Satellite Dishes”) Dish on the roof of each of the Buildings. AdditionallyBuilding or discontinues such Master Satellite Dish, Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect the (i) a Tenant's satellite dish ("Tenant's 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 Dish") of any Satellite Dish Facilities, Tenant, at its expense, shall be required to provide Landlord with a certification size approved 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 Owner on the roof of the Building, such Satellite Dishes and Tenant, at its expense, shall be required approval not 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, the exact location of which shall be designated by Owner, and (ii) cables connecting Tenant's Satellite Dish to equipment in the Demised Premises running through conduits, pipes or shafts in the Building, the exact location of which shall be designated by Owner. HoweverAll of the foregoing installations shall be made at Tenant's sole cost and expense and in accordance with all the provisions of this Lease, Landlord reserves including, but not limited to, the right to require provisions of Article 3 and Article 6. Owner shall have no responsibility for the maintenance and repair of any such installations and Tenant, at Tenant’s 's sole cost and expense, shall keep all said installations in good condition and make all necessary repairs and replacements thereto and to use Landlord’s roofing the Building occasioned thereby. Upon the Expiration Date or sooner termination of the Demised Term, or if required by any applicable governmental authorities, or if Owner installs the Master Satellite Dish, Tenant, at Tenant's sole cost and expense, shall, upon request of Owner, remove such installations and make all repairs to the Building occasioned by such removal. Any of the foregoing installations shall be subject to such conditions with respect to such installations and the maintenance thereof as may reasonably be imposed by Owner with Tenant entitled to "most favored nation status" with respect to such conditions (with appropriate adjustment based on the number of square feet in the Demised Premises). At Owner's election, such installations shall be made on behalf of Tenant by Owner or a contractor or contractors designated by Owner which contractors shall charge competitive prices for similar work in connection therewith ifthe Borough of Manhattan in either event, at Tenant's sole cost and expense. Tenant agrees that Tenant's Satellite Dish shall be designed in such a manner that it shall not interfere with any other telecommunication equipment or satellite dishes on the roof of the Building and all other tenants of the Building shall be deemed third parry beneficiaries of the foregoing provision with the right to enforce the same. Owner will cause a provision to the same effect to be included in any other future lease of space in the Building or in any future agreement, or consent, as the case may be, in Landlord’s which a tenant is given the right to install similar equipment on the roof of the Building and all other tenants of the Building, including Tenant, shall be deemed third party beneficiaries of such provision with the right to enforce the same; in enforcing any such rights Tenant may commence an action or proceeding in Owner's name, provided Owner incurs no expense therefor and Tenant indemnifies Owner from all loss, cost, liability, damage and expense, including, but not limited to, reasonable judgmentcounsel fees and disbursements, the Landlord’s roof warranty may be affected arising from any such action or proceeding; Owner agrees, however, at no cost to Owner, to cooperate with Tenant with respect to any such action or proceeding. Owner shall have no obligation to enforce any such provision and no breach by any such work. Landlord agrees that Tenant and engineering and maintenance personnel reasonably approved by Landlord shall have access to other tenant of the Building of its obligations under said provision or resulting interference with Tenant's 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 deemed to constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any renewal period specifically provided abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease). However, Tenant’s use or impose any liability upon Owner or its agents by reason of the Satellite Dish Facilities is otherwise subject to all of the terms and conditions of this Lease with respect inconvenience or annoyance to Tenant’s use and occupancy , or injury to or interruption of the Premises, including, without limitation, Sections 9, 22 and 31Tenant's business or otherwise.
Appears in 1 contract
Samples: Lease Agreement (N2k 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 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 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 a satellite dishes, antennae dish and other communication or transmission devices related equipment (such devices being referred to as the “Satellite DishesEquipment”) at its sole cost and expense on the roof of each the Building subject to the following terms and conditions:
(a) The location of the BuildingsEquipment shall be approved by Landlord prior to Tenant’s installation of the Equipment. Additionally, Tenant shall deliver to Landlord Tenant’s plans and specifications for the installation of the Equipment and the surrounding screening for review and approval by Landlord’s engineer not less than thirty (30) days prior to commencing installation of the Equipment. Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in connection with Landlord or its designated agent’s review and approval of such plans and specifications as well as ensuring Tenant’s compliance with this provision.
(b) Tenant shall have the right to install such wire, conduits, cables access and other materials as necessary to connect use a portion of the Satellite Dishes to TenantBuilding’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 roof for the installation of the Equipment at no additional charge to Tenant. Tenant shall install the Equipment in an aesthetically pleasing manner and exercise all reasonable steps to shield or screen the Equipment from public view. Tenant shall fence or screen the Equipment so as to minimize any Satellite Dish Facilities, Tenant, risks to ensure that the Equipment does not create a nuisance. Tenant shall at its expensecost, shall be required entitled to provide Landlord with a certification by a registered professional structural engineer that the structural system of the roof is adequate run riser cable to support the superimposed loads produced by any Satellite Dishes at the location on the roof of such Satellite Dishes the Building and Landlord will provide adequate vertical space therefor at no charge. Tenant shall be responsible for any required roof reinforcement and for ensuring the integrity of the Building’s roof and warranty thereon. Tenant shall have 24 hour access to the roof and all associated areas where Tenant’s cabling accesses between the Premises and the roof, subject to Landlord’s reasonable rules and regulations.
(c) Tenant shall maintain and operate the Equipment in compliance with all applicable laws, rules, regulations and ordinances at its sole cost and expense.
(d) At Landlord’s option, Landlord shall be required to provide Landlord with satisfactory assurance that the existing construction materials of the perform all 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 penetrations and modifications necessary for the installation, maintenance or removal of the Satellite Dish Facilities shall be borne Tenant’s Equipment. Tenant will reimburse Landlord for all reasonable costs and expenses incurred by Tenant, Landlord in connection with such roof penetrations and modifications.
(e) Tenant shall hereby agrees to indemnify and hold Landlord, its agents, employees, contractors and representatives, harmless Landlord from and against any costsand all cost, expensesclaims, liabilities and the likedamages (including, including reasonable attorneys’ feesbut not limited to, occasioned by any damage to property the Building, the roof or Landlord’s property), causes of action and liability which may arise by reason of any occurrence attributable to or arising out of Tenant’s installation, maintenance, repair, operation or removal of any of the Equipment, including without limitation, any claim or cause of action for injury to or death of any person or damage to persons any property arising therefrom and Tenant agrees to defend any claim or demand against Landlord, its agents or employees arising out of any such occurrence. Tenant shall, upon thirty (30) days prior written notice from Landlord, reimburse Landlord for all costs and expenses incurred by Landlord as a result of Tenant’s operation of the Equipment, including damages to the Building and the furnishing of electric power for the operation of the Equipment.
(f) Upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, promptly remove the Equipment and repair all damage to the Building caused by such thereby.
(g) Tenant’s Equipment shall not hinder or unreasonably interfere with any other tenants’ or licensees’ installation, operation and maintenance or removal, except repair of antennae or satellite equipment.
(h) Landlord reserves the right to enter into a contract with a third-party manager for the extent caused by leasing and management of the negligence, willful misconduct or breach roof of this Lease of Landlordthe Building. Tenant shall be responsible for the installation of complying with all Satellite Dish Facilities (including the attachment thereto to the roof) reasonable rules and for all costs and expenses arising from and relating to the Satellite Dish Facilities and the installationregulations established by such manager, operationprovided however, 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 no event 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 any additional costs or limitation 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 31rights as a result thereof.
Appears in 1 contract
Samples: Lease Agreement (First Horizon 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 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 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, 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 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 31ratified.
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 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, 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
SATELLITE DISH. A. Subject to compliance with all applicable Legal Requirements, Tenant shall have the exclusive right to place, from time to time, satellite dishes, antennae terms and conditions of this Section 39 and the other communication or transmission devices (such devices being referred to as the “Satellite Dishes”) on the roof provisions of each of the Buildings. Additionallythis Lease, Tenant shall have the right to install such wireinstall, conduitsmaintain and operate, cables and other materials as necessary to connect the Satellite Dishes to at Tenant’s allied machinery sole cost, risk and expense, a satellite dish antenna and related equipment (the “Communication Dish”) to be used in connection with Tenant’s business in the Premises Premises, provided that Tenant shall have given Landlord at least ten (10) days prior written notice of Tenant’s desire to exercise this right. Tenant agrees that (i) the Communication Dish shall be designed, installed and operated solely for the purpose of sending and receiving transmissions in connection with the business of Tenant in the Premises, at a location upon the Building (the Satellite Dishes “Antenna Premises”) subject to Landlord’s reasonable approval, in Landlord’s sole discretion, (ii) the Communication Dish shall include no more than one satellite dish antenna, and (iii) the installation and operation of the Communications Dish must conform to the Installation Standards attached hereto as Exhibit 1. Any such satellite dish antenna included in the Communication Dish shall have a reflector surface no larger than six (6) feet in diameter. During the Lease Term, Tenant shall be responsible for expenses in connection with the Antenna Premises and the Communication Dish as provided herein. Tenant agrees that, upon at least thirty (30) days prior written notice to Tenant from Landlord (which notice may be given at any time and from time to time during the Lease Term), Tenant shall relocate the Communication Dish from the then existing location of the Antenna Premises to any substitute location for the Antenna Premises reasonably designated by Landlord, in Landlord’s sole discretion, located anywhere on the Building, any adjacent real property, or any improvements located thereon so long as such connecting material being collectively referred a location will permit Tenant to as operate the “Satellite Communication Dish Facilities”)for its intended purposes. HoweverTenant shall complete, at Tenant’s sole cost and expense, such relocation prior to the installation expiration of any Satellite Dish Facilities, Tenantsuch thirty (30) day period and upon the expiration of such thirty (30) day period Tenant shall have no further right to use or occupy the prior location for the Antenna Premises and such substitute location designated by Landlord shall be deemed the “Antenna Premises” for all purposes thereafter under this Section 39. Tenant shall, at its Tenant’s expense, shall be required repair all damage 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 Building caused by the installation, maintenance or removal of the Satellite Communication Dish Facilities at any such prior locations for the Antenna Premises, unless such removal is completed as a result of Landlord requiring that the Communication Dish be relocated in which case such removal costs shall be borne by Landlord’s sole responsibility, other than any costs incurred due to the negligent acts or omissions or the willful misconduct of Tenant, and .
B. Tenant shall indemnify and hold harmless Landlord from any costs, expenses, liabilities have the reasonable right to access the Antenna Premises and the likeCommunication Dish for the purpose of installing, including reasonable attorneys’ feesmaintaining, occasioned by repairing, replacing, testing, improving and removing the Communication Dish. Prior to any damage to property and injury or death to persons caused by such installation, supplementation, improvement, removal, maintenance or removalother work upon the Communication Dish, except in or about the Antenna Premises or on any other portion of the Building with respect to the extent caused by the negligenceCommunication Dish, willful misconduct or breach of this Lease Tenant shall give Landlord written notice thereof and shall submit to Landlord its plans and specifications for such work. Without limiting any of Landlord’s rights hereunder, Tenant agrees that Landlord shall have the right to reasonably control access to the Antenna Premises as necessary to prevent access thereto by unauthorized persons or for purposes other than those expressly permitted in this Section 39. Such plans and specifications shall contain such detail and description as Landlord may reasonably require. All such work and such plans and specifications shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld, delayed or conditioned. Such approval right of Landlord shall include, without limitation, the right to approve the dimensions, design, placement, installation, technical operating characteristics (including, without limitation, operating frequency, power consumption and mechanical stability) and location of the Communication Dish. In any event the Communication Dish shall be concealed from view in such manner reasonably satisfactory to Landlord and at the sole expense of Tenant. The designation of the Antenna Premises shall be made in such a way so as to not diminish the rights of the Landlord to provide telecommunication and other services to other tenants of the Building or other users of the Building designated for electromagnetic radiation transmission and reception facilities and related equipment. The Communication Dish shall be installed, at Tenant’s expense, by a contractor reasonably satisfactory to Landlord.
C. Tenant shall be responsible, at Tenant’s sole expense, for the installation, maintenance, operation, repair, replacement, and removal of the Communication Dish in accordance herewith, including, without limitation, the cost of all utilities and supplies. Tenant shall be responsible, at Tenant’s sole expense, for maintaining in good repair and condition the Antenna Premises. Tenant and its contractor shall have access to the roof, elevators and stairways (upon prior notice to Landlord) to maintain, repair and remove the Communication Dish as necessary. Tenant shall also be responsible for the installation costs of all Satellite Dish Facilities (including the attachment thereto design and construction of any modification to the roof) Building reasonably required from time to time to accommodate the Communication Dish. Tenant shall acquire in a timely manner and for all costs and expenses arising from and relating in any event prior to any installation or modification to the Satellite Communication Dish, all required licenses, permits and approvals of any applicable governmental authority, at Tenant’s sole cost and expense; provided that Landlord, at Tenant’s cost, will cooperate with Tenant as reasonably necessary in order to obtain such approvals. If at any time any Communication Dish Facilities and the installation, operation, maintenance and repair thereof, and, if Tenant elects to remove the Satellite Dish Facilitiesis no longer being used or held for future use by Tenant, or for those Satellite Dish Facilities for which removal is requiredupon the expiration or sooner termination of this Lease, for or following the removal thereof. The installationdate Tenant vacates the Premises, maintenance and removal of the Satellite Dish Facilities then Landlord shall be performed by contractors and workers first approved by Landlord, which approval will not be unreasonably withheld or delayed. However, Landlord reserves have the right to require that Tenant, at Tenant’s expense, remove the Communication Dish and repair all damage to use the Building caused by the installation, maintenance or removal of any such Communication Dish. The Communication Dish shall remain the property of Tenant during the entire Lease Term and any renewals thereof.
D. Tenant shall install, operate and maintain the Communication Dish in accordance with all applicable laws, ordinances and regulations and in accordance with the reasonable requirements of Landlord’s roofing contractor communication and other engineering consultants and operators. The reasonable cost to Landlord of such consultants and operators utilized in connection therewith ifreviewing any plans or work proposed by Tenant for the Communication Dish shall be paid by Tenant to Landlord promptly upon notice as Additional Rent. Tenant understands and agrees that in addition to the Antenna Premises, in certain other areas in, on or around the Building or the real property adjacent thereto may also contain, at Landlord’s reasonable judgmentdiscretion, the other communications equipment and facilities operated and/or maintained by Landlord, Landlord’s roof warranty may be affected Tenants or operators, or other users of such areas permitted by any such workLandlord. Landlord Accordingly, Tenant agrees that Tenant will not permit the Communication Dish, or Tenant’s use thereof, to become a nuisance or to interfere with such operations of Landlord, such other users of such areas, or the operations of the Building or the other tenants therein.
E. Tenant agrees to indemnify Landlord, its mortgagee, property manager, and engineering their respective directors, officers, partners, employees and maintenance personnel reasonably approved by Landlord shall have agents (all such persons and entities hereafter collectively called the “Listed Persons”), and hold them harmless from and against any loss, cost, claim, liability or expense (including reasonable attorneys’ fees and court costs) arising out of Tenant’s use or access to the Satellite Dish Facilities in order to installAntenna Premises or the installation, operate, maintain, inspect and remove, as required, the Satellite Dish Facilities. Landlord shall not unreasonably interfere with or impair the usemaintenance, operation, maintenance modification or repair removal of the Satellite Dish FacilitiesCommunication Dish. Tenant may sublease to unaffiliated third parties rooftop rights for shall procure and maintain in full force and effect from the commencement of installation of Satellite the Communication Dish Facilities, without Landlord’s consent, but Tenant shall give Landlord written notice on the Antenna Premises until the expiration of the existence Lease Term a policy of any such subleases commercial general liability insurance against claims for bodily injury, personal injury, death, or property damage arising 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 or access to the Satellite Dish Facilities is Antenna Premises and the Communication Dish; such insurance must otherwise subject to all comply with the provisions of the terms and conditions Section 39 of this Lease with respect to Tenant’s use and occupancy of the Premises, including, without limitation, Sections 9, 22 and 31Lease.
Appears in 1 contract
Samples: Office Lease (Alfacell Corp)
SATELLITE DISH. Subject to compliance with all applicable Legal Requirements, (A) Landlord hereby grants Tenant shall have the non-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 use a portion of the roof of each the Building, in a location to be reasonably determined by Landlord or Landlord's rooftop manager, Omnitek, only for the purpose of installing the following (the "Item"): an 18" or smaller satellite dish, and for no other purpose.
(B) Tenant shall contact Omnitek, and enter into a separate written agreement with Omnitek regarding the installation of the BuildingsItem and use of the roof, and to gain access to the roof for the purposes permitted hereunder. Additionally, Tenant shall have Landlord and Omnitek reserve the right to install enter the roof, without notice, at any time for the purpose 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 reason not inconsistent with Tenant's rights hereunder. In connection with exercising such wirerights, conduitsLandlord or Omnitek may require Tenant to temporarily disconnect and/or move the Item, cables if necessary, and other materials as necessary to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises (the Satellite Dishes and Tenant shall reasonably comply with any such connecting material being collectively referred request, provided, that Landlord has provided Tenant with the opportunity, and sufficient prior notice, to Tenant to set up a temporary, "back-up" satellite-dish. The exercise by Landlord or Omnitek of any of their respective rights under this paragraph shall not be deemed an eviction or disturbance of Tenant's use of the roof.
(C) Tenant shall not install the Item, or thereafter make any alterations, additions or improvements to the roof or the Item without Landlord's prior written consent, which shall not be unreasonably withheld. Omnitek, acting as Landlord's agent, shall approve or reject the “Satellite Dish Facilities”). However, prior to proposed installation of the Item within a reasonable time after Tenant submits (1) plans and specifications for the installation of any Satellite Dish Facilitiesthe Item, Tenant(2) copies of all required governmental and quasi-governmental permits, licenses, and authorizations which Tenant will obtain at its own expense, and (3) a certificate of insurance evidencing the coverage required herein. Omnitek may withhold approval if the installation or operation of the Item may damage the structural integrity of the Building, interfere with any service provided by Landlord, Omnitek or any occupant, reduce the amount of leaseable space in the Building, 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's 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 all governmental requirements.
(such as the roof membraneD) shall be protected from the Satellite Dishes. At the expiration or earlier Upon termination of the Lease, Tenantby expiration or otherwise, 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 Item and fully repair and restore the roof of any other part to the same or better condition than prior to installation of the Buildings Item, 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 termination of the Lease or this Rider, any roof leaks or other damage occasioned or injury to the roof, or the Building (or contents thereof) caused by Tenant's use of the roof or its installation, use, maintenance or removal of the Satellite Dish Facilities Item. If Tenant does not immediately repair any such leaks, damage or injury, or does not remove the Item when so required, Tenant hereby authorizes Landlord to make such repairs or remove and dispose of the Item and Tenant shall promptly pay Landlord's reasonable charges for doing so. Landlord shall not be borne liable for any property so disposed or removed by Landlord.
(E) Landlord does not represent or warrant that use of the roof hereunder will comply with any applicable federal, state, county or local laws or ordinances or the regulations of any of their agencies, or that the roof will be suitable for Tenant's purposes. Tenant agrees that Tenant has inspected the roof and agrees to accept the same hereunder "as is." Tenant shall at all times comply with any applicable federal, and state, county or local laws or ordinances, pertaining to Tenant's use of the roof or the Item.
(F) Tenant shall indemnify and hold Landlord harmless from and against any and all loss, cost, claim, damage, liability or expense which Landlord from any costs, expenses, liabilities and may incur as a direct or indirect result of Tenant's use of the likeroof or Item, including reasonable but not limited to attorneys’ ' fees, occasioned by whether or not any damage to property legal action is instituted. This indemnity obligation shall include Landlord's partners, officers, directors, trustees, beneficiaries, affiliates 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 Landlordagents ("Indemnitees"). Tenant shall maintain comprehensive or commercial general liability insurance covering risks of bodily injury, death or property damage arising out of Tenant's use of the roof or Item, in the amount of at least $2,000,000 combined single limit per occurrence with a responsible insurance company reasonably satisfactory to Landlord, which policy shall include a contractual liability endorsement and shall include Landlord and the other Indemnitees (as defined above) as additional insureds. Tenant shall provide a certificate of such insurance to Landlord prior to using the roof, and such insurance policy shall not be cancelable without at least thirty (30) days written notice to Landlord. Landlord shall not be responsible for the installation Item in the event of all Satellite Dish Facilities loss or damage thereto from any cause whatsoever. Tenant, on behalf of its insurers, hereby waives any rights of subrogation against Landlord (including or the attachment thereto "Indemnitees" defined above).
(G) Tenant shall not use the roof or the Item so as to interfere in any way with the ability of Landlord or its tenants and occupants of the Building and neighboring properties to receive radio, television, telephone, microwave, short-wave, long-wave or other signals of any sort that are transmitted through the air or atmosphere, nor so as to interfere with the use of electric, electronic or other facilities, appliances, personal property and fixtures, nor so as to interfere in any way with 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 Building.
(H) If the roof) and for all costs and expenses arising from and relating , Building or Item are materially damaged by fire or other casualty, Tenant's right to use 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 may be terminated by Landlord as of the Satellite Dish Facilities date of such damage, subject to any provisions hereof which by their terms or reasonable implication shall be performed by contractors and workers first approved by Landlordsurvive such termination. Landlord shall have no obligation to repair or restore the roof or Building. In the event of such damage, which approval will not be unreasonably withheld Tenant shall look solely to its insurers for any claims that Tenant may have in connection with such damage or delayeddestruction. However, Landlord reserves if a portion of the right to require Tenant, at Tenant’s expense, to roof remains available for communications use Landlord’s roofing contractor in connection therewith if, in Landlord’s reasonable judgment, the Landlord’s roof warranty may be affected by after any such workcasualty, Tenant shall be provided the opportunity to locate communications equipment otherwise complying with this Article 41 in the available area. Landlord agrees This Article 41 shall be interpreted and implemented in all respects consistent with the intention 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 reasonable use of the Satellite Dish Facilities roof for communications purposes throughout the Term, as may be extended. The Landlord acknowledges that Tenant's ability to utilize the roof for communication purposes is otherwise subject to all an integral and essential element of the terms and conditions of this Lease with respect to Tenant’s use and 's occupancy of the PremisesBuilding. To the extent Tenant is unable to reach agreement with Omnitek or its successor in operation of the roof, including, without limitation, Sections 9, 22 and 31Landlord shall use commercially reasonably efforts to resolve such dispute so as to permit Tenant's continuing use of the roof in compliance with this Article 41.
Appears in 1 contract
Samples: Office Lease (Capella Education Co)
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. Subject Notwithstanding anything contained herein to compliance with all applicable Legal Requirementsthe contrary, Tenant shall have subject to Community Review Committee of The Woodlands' approval of plans and specifications for the exclusive right to place, from time to time, satellite dishes, dish and antennae and the location and screening thereof, Lessor shall allow Lessee to install and maintain a satellite dish and other communication or transmission devices equipment (such devices being referred to as "Equipment") on a portion of the “Satellite Dishes”roof of the Building ("Roof Space") on the roof terms hereof:
(a) Lessee may run cables ("Cables") between the Roof Space and the Premises provided that all cabling shall be installed so as to comply with all local building codes and Lessor's reasonable instructions.
(b) The Equipment shall remain the property of each Lessee or its contractor. Lessee shall at its cost remove such Equipment and if requested by Lessor, the Cables, at the expiration 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 Term of the roof is adequate Lease and restore the Roof Space 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 original condition as of the roof (such as the roof membrane) shall be protected from the Satellite Dishes. At the expiration or earlier termination Commencement Date of the Lease, Tenant, at ordinary wear and tear excepted.
(c) Lessee and/or its expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant contractor 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 bear all expenses in connection with the installation, use and maintenance or removal of the Satellite Dish Facilities shall be borne by Tenant, such 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 Cables and removal of the Satellite Dish Facilities shall be performed by contractors Cables and workers first approved by Landlordthe Equipment. LESSEE SHALL INDEMNIFY AND HOLD LESSOR HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, which approval will not be unreasonably withheld or delayed. HoweverDAMAGES, Landlord reserves the right to require TenantCOSTS AND EXPENSES, at Tenant’s expenseINCLUDING REASONABLE ATTORNEYS' FEES INCURRED BY LESSOR, to use Landlord’s roofing contractor in connection therewith ifOF ANY AND EVERY KIND OR CHARACTER, in Landlord’s reasonable judgmentINCLUDING WITHOUT LIMITATION, 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 installBODILY INJURY TO OR DEATH OF ANY PERSON OR PROPERTY DAMAGE, operateFIXED OR CONTINGENT, maintainARISING OUT OF LESSEE'S INSTALLATION, inspect and removeUSE, as requiredMISUSE, 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.MAINTENANCE OR
Appears in 1 contract
Samples: Lease Agreement (Telxon Corp)
SATELLITE DISH. Subject to compliance with all Provided that Tenant is not in material default (beyond 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”cure periods) on the roof of each of the Buildings. Additionallyunder this lease, Tenant shall have the right to install such wireinstall, conduits, cables maintain and other materials as necessary repair up to connect the Satellite Dishes to Tenant’s allied machinery and equipment in the Premises three (3) satellite dish antennae (the Satellite Dishes "Antennae") on the Property under and any such connecting material being collectively referred to as the “Satellite Dish Facilities”). However, prior subject to the following conditions:
(a) Tenant shall comply with all Laws and Requirements.
(b) Tenant shall obtain Landlord's prior approval of the location of the Antennae on the Property and of the specifications for the Antennae. If Landlord approves 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 Antennae on the roof of such Satellite Dishes the Building, Tenant agrees to consult with Landlord's roofing contractor prior to installation and Tenantstrictly to comply with the roofing contractor's recommendations and requirements. Tenant shall pay all costs incurred by Landlord in connection with the Antennae including without limitation all architectural, engineering, contractors' and legal fees.
(c) Tenant shall comply with the provisions of Sections 9(b)(i) through (iv) of this lease.
(d) At least 3 business days prior to installation, Tenant shall notify Landlord of the date and time of the installation. Tenant shall install the Antennae only if Landlord is present with Tenant at its expensethe installation.
(e) Tenant shall maintain the Antennae in a safe, good and orderly condition. The installation, maintenance, repair and removal of the Antennae shall be required to provide Landlord with satisfactory assurance that performed at Tenant's sole expense in a manner which will not impair the existing construction materials integrity of, damage or adversely affect the warranty applicable to, the roof or any other portion of the roof Property.
(such as the roof membranef) shall be protected from the Satellite Dishes. At No later than the expiration or earlier sooner termination of the Lease, TenantTerm, at its Tenant's sole expense, may remove the Satellite Dish Facilities belonging to Tenant, but Tenant shall remove the Antennae and repair any Satellite Dish Facilities belonging resulting damage.
(g) Tenant's indemnification of Landlord pursuant to an unaffiliated third party. Any work required Section 15 of this lease also applies to restore the roof Antennae and Tenant's use of any other part portion of the Buildings from any damage occasioned by Property therefor. Without limiting the installationforegoing, 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 solely 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 any damages or injury caused by or in any way 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 PremisesAntennae, including, without limitationbut not limited to, Sections 9, 22 and 31damage or injury caused by reason of the Antennae collapsing or being blown from the roof or any other portion of the Property.
Appears in 1 contract
Samples: Lease Agreement (Mgi Pharma 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
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
Samples: Lease (First Look Studios Inc)