SATELLITE DISH. Subject to the provisions and conditions of this Article 31, Landlord hereby consents to the installation of a satellite dish antenna in a portion of the roof of the Building (the "SATELLITE DISH"), in such location as may be designated by Landlord, for the sole use of Tenant. Tenant agrees and hereby covenants to Landlord as follows: 31.1.1 The Satellite Dish shall not be visible from ground level, and shall not exceed thirty inches in diameter and shall not project more than five feet above the roof surface of the Building, unless otherwise approved by Landlord which approval shall not be unreasonably withheld; 31.1.2 Installation, service, repair, maintenance and removal of the Satellite Dish shall be performed by a reputable contractor that has been approved by Landlord in writing. Installation, service, repair and maintenance of the Satellite Dish shall be performed during normal office hours (8:00 a.m. to 5:00 p.m., Monday to Friday). Tenant shall have access to the roof of the Building for the purposes of such maintenance; provided, however, that Tenant shall not have access to the roof of any building in the Project unless accompanied by Landlord's agent; 31.1.3 The installation, operation and maintenance of the Satellite Dish shall not interfere with the peaceful enjoyment by any other tenant of its respective premises and/or the operation of any other antennae or satellite dishes which may be permitted by Landlord; 31.1.4 Tenant shall be solely liable for the installation, maintenance, repair and removal of the Satellite Dish, and shall remove the Satellite Dish and repair any damage caused by such removal prior to the expiration or earlier termination of the Lease. The installation of the Satellite Dish and operation, maintenance and removal of the Satellite Dish shall be performed (i) in a good and workmanlike manner, so that they would not create a hazard to life or property; (ii) in compliance with all applicable federal, state and local laws, regulations and ordinances, (iii) with due care and regard for safety and in a manner that will not cause injury or death to persons or damage to property; (iv) so that no lien or other encumbrance shall be placed on any portion of the Project, and (v) in a way that will not limit or void any warranty on the roof nor cause nor permit leaking of the roof, nor impair the structural integrity of any building in the Project; and 31.1.5 Tenant shall insure that its use and operation of the Satellite Dish does not create a nuisance. 62
Appears in 2 contracts
Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)
SATELLITE DISH. Subject to the provisions and conditions of this Article 31, Landlord hereby consents to the installation of a satellite dish antenna in a portion of the roof of the Building (the "“SATELLITE DISH"”), in such location as may be designated by Landlord, for the sole use of Tenant. Tenant agrees and hereby covenants to Landlord as follows:
31.1.1 The Satellite Dish shall not be visible from ground level, and shall not exceed thirty inches in diameter and shall not project more than five feet above the roof surface of the Building, unless otherwise approved by Landlord which approval shall not be unreasonably withheld;
31.1.2 Installation, service, repair, maintenance and removal of the Satellite Dish shall be performed by a reputable contractor that has been approved by Landlord in writing. Installation, service, repair and maintenance of the Satellite Dish shall be performed during normal office hours (8:00 a.m. to 5:00 p.m., Monday to Friday). Tenant shall have access to the roof of the Building for the purposes of such maintenance; provided, however, that Tenant shall not have access to the roof of any building in the Project unless accompanied by Landlord's ’s agent;
31.1.3 The installation, operation and maintenance of the Satellite Dish shall not interfere with the peaceful enjoyment by any other tenant of its respective premises and/or the operation of any other antennae or satellite dishes which may be permitted by Landlord;
31.1.4 Tenant shall be solely liable for the installation, maintenance, repair and removal of the Satellite Dish, and shall remove the Satellite Dish and repair any damage caused by such removal prior to the expiration or earlier termination of the Lease. The installation of the Satellite Dish and operation, maintenance and removal of the Satellite Dish shall be performed (i) in a good and workmanlike manner, so that they would not create a hazard to life or property; (ii) in compliance with all applicable federal, state and local laws, regulations and ordinances, (iii) with due care and regard for safety and in a manner that will not cause injury or death to persons or damage to property; (iv) so that no lien or other encumbrance shall be placed on any portion of the Project, and (v) in a way that will not limit or void any warranty on the roof nor cause nor permit leaking of the roof, nor impair the structural integrity of any building in the Project; and
31.1.5 Tenant shall insure that its use and operation of the Satellite Dish does not create a nuisance. 62.
Appears in 2 contracts
Samples: Sublease Agreement (Exact Sciences Corp), Office Lease (Exact Sciences Corp)
SATELLITE DISH. Subject Landlord agrees that Tenant, at its sole cost and -------------- expense, has the right to the provisions install, maintain, repair, replace and conditions of this Article 31, Landlord hereby consents to the installation of remove a satellite dish antenna in a portion of on the roof of the Building subject to the following:(i) all construction and improvements related thereto (the "SATELLITE DISH")that are not minor in nature) shall be subject to Landlord's approval, in such location as may be designated by Landlord, for the sole use of Tenant. Tenant agrees and hereby covenants to Landlord as follows:
31.1.1 The Satellite Dish shall not be visible from ground level, and shall not exceed thirty inches in diameter and shall not project more than five feet above the roof surface of the Building, unless otherwise approved by Landlord which approval shall not be unreasonably withheld;
31.1.2 Installation, serviceconditioned or delayed (and Landlord shall approve or disapprove [with detailed reasons for such disapproval] same within thirty [30] days of written request therefor the same shall be deemed approved; (ii) Tenant shall screen the satellite dish and, if possible, set it back from the front of the Building to reduce visibility thereof by customers; (iii) Tenant shall repair, maintenance and at its own expense, any damage to the Building or the roof caused by the use, maintenance, installation, or removal of the Satellite Dish satellite dish; (iv) Landlord assumes no liability or responsibility for interference with the satellite dish caused by other tenants placing similar equipment on the roof of their premises (provided, that Landlord shall use commercially reasonable efforts not to allow other tenants cause interference); (v) the satellite dish shall be performed included within the coverage of all insurance policies required to be maintained by a reputable contractor that has been approved by Landlord in writing. Installation, service, repair Tenant under this Lease and maintenance of the Satellite Dish shall be performed during normal office hours (8:00 a.m. to 5:00 p.m., Monday to Friday). vi) Tenant shall have access obtain at its cost all permits required by governmental authorities for said satellite dish. Should Tenant elect to install a satellite dish on the roof of the Building for Building, Tenant agrees to install the purposes of such maintenance; provided, however, satellite dish in accordance with sound construction practices and shall use commercially reasonable efforts not place its satellite dish in a location that Tenant will interfere with another tenant's satellite dish. The satellite dish shall not have access to be used solely in connection with the roof of any building business operations in the Project unless accompanied by Landlord's agent;
31.1.3 The installation, operation and maintenance of the Satellite Dish shall not interfere with the peaceful enjoyment by any other tenant of its respective premises and/or the operation of any other antennae or satellite dishes which may be permitted by Landlord;
31.1.4 Tenant shall be solely liable for the installation, maintenance, repair and removal of the Satellite DishBuilding, and shall remove the Satellite Dish and repair not be used by any damage caused by such removal prior to the expiration party who is not an occupant or earlier termination tenant of the Lease. The installation of the Satellite Dish and operation, maintenance and removal of the Satellite Dish shall be performed (i) in a good and workmanlike manner, so that they would not create a hazard to life or property; (ii) in compliance with all applicable federal, state and local laws, regulations and ordinances, (iii) with due care and regard for safety and in a manner that will not cause injury or death to persons or damage to property; (iv) so that no lien or other encumbrance shall be placed on any portion of the Project, and (v) in a way that will not limit or void any warranty on the roof nor cause nor permit leaking of the roof, nor impair the structural integrity of any building in the Project; and
31.1.5 Tenant shall insure that its use and operation of the Satellite Dish does not create a nuisance. 62Building.
Appears in 1 contract
Samples: Lease (Silver Diner Inc /De/)
SATELLITE DISH. Subject to the provisions and conditions of this Article 31, Landlord hereby consents to the installation of a satellite dish antenna in a portion of the roof of the Building (the "SATELLITE DISH"), in such location as may be designated by Landlord, for the sole use of Tenant. Tenant agrees and hereby covenants to Landlord as follows:
31.1.1 The Satellite Dish shall not be visible from ground level, and shall not exceed thirty inches in diameter and shall not project more than five feet above the roof surface of the Building, unless otherwise approved by Landlord which approval shall not be unreasonably withheld;
31.1.2 Installation, service, repair, maintenance and removal of the Satellite Dish shall be performed by a reputable contractor that has been approved by Landlord in writing. Installation, service, repair and maintenance of the Satellite Dish shall be performed during normal office hours (8:00 a.m. to 5:00 p.m., Monday to Friday). Tenant shall have access to the roof of the Building for the purposes of such maintenance; provided, however, that Tenant shall not have access to the roof of any building in the Project unless accompanied by Landlord's agent;
31.1.3 The installation, operation and maintenance of the Satellite Dish shall not interfere with the peaceful enjoyment by any other tenant of its respective premises and/or the operation of any other antennae or satellite dishes which may be permitted by Landlord;
31.1.4 Tenant shall be solely liable for the installation, maintenance, repair and removal of the Satellite Dish, and shall remove the Satellite Dish and repair any damage caused by such removal prior to the expiration or earlier termination of the Lease. The installation of the Satellite Dish and operation, maintenance and removal of the Satellite Dish shall be performed (i) in a good and workmanlike manner, so that they would not create a hazard to life or property; (ii) in compliance with all applicable federal, state and local laws, regulations and ordinancesas well as the rules of any governmental or quasi-governmental agency or authority, (iii) with due care Tenant shall have the non-exclusive right, at its sole cost and regard for safety expense, to install, service, maintain and in a manner that will not cause injury or death to persons or damage to property; (iv) so that no lien or other encumbrance shall be placed on any portion replace during the term of the Project, Lease one (1) eighteen inch (18") satellite dish (the "Antenna") for their use and not for use by any other party. Said antenna must be located on a setback of the Building (vto be determined by Landlord) in a way that will and not limit or void any warranty on the roof nor cause nor permit leaking of the roofBuilding. Prior to any such installation, nor impair Tenant shall deliver to Landlord for its review and approval, which approval shall not be unreasonably withheld or delayed, a set of scaled and dimensioned plans and specifications for the structural integrity Antenna, which shall include, without limitation, the location of any building the Antenna, the floor and power load requirements of the Antenna, and the location and kind of electrical or other services to and from the Antenna and detailed specifications of the means of attaching the Antenna. In installing the Antenna, Tenant shall not be permitted to penetrate the setback, but shall be permitted to anchor the Antenna to the setback using concrete blocks or other weights, subject to the setback load requirements. Wiring for the Antenna shall be through existing sleeve installed in the Project; and
31.1.5 Building by Landlord (if any). In the event there are no sleeves, Tenant shall insure install same, at its own cost and expense. Tenant agrees that its the Antenna shall not be suffered or permitted to materially interfere with the use and operation of other facilities or equipment now or hereafter located on or in the Building and Landlord shall not be liable for interference with the use and operation of the Satellite Dish does Antenna by reason of the existence and operation of other satellite antennae or antennae or related equipment on or in the Building. Tenant shall complete the installation of the Antenna in accordance with the plans and specifications therefor approved by Landlord. The area in which Tenant installs the Antenna shall be treated for all purposes of this Lease relating to Tenant's obligations and liabilities as if the same were part of the Premises (except that Tenant shall not create a nuisancebe required to pay rent therefor). 62Tenant shall be responsible for the cost of the installation, service, repair, replacement and maintenance of the Antennae and related equipment and cabling and for any repair or damage caused by the Antenna or by Tenant or any of its employees, agents, contractors or invitees, and the Antenna shall be treated as if the Antenna were part of Tenant's personal property located within the Premises. Without limiting the generality of the foregoing, all provisions of this Lease with respect to Tenant's alterations and Tenant's obligations to comply with laws and insurance requirements, maintaining insurance, indemnifying Landlord and performing repairs and maintenance shall apply to Tenant's installation, use and maintenance of the Antenna. Upon termination of this Lease, Tenant shall, at its own cost and expense, remove the Antenna and related equipment and cabling and repair any damage caused thereby. All electricity used in connection with the Antenna shall be metered, for which Tenant shall install and pay for the necessary meters and for the cost of electricity consumed. Tenant shall maintain the Antennae in good order and repair and Tenant, its employees, agents and contractors shall have access to the setback for the purposes of installation, maintenance and repair of Tenant's Antenna at reasonable times, which times (except in the case of emergency) shall be arranged in advance with Landlord. Landlord or its representatives may accompany Tenant whenever Tenant, its employees, agents or contractors enter on the setback of the Building. Notwithstanding the foregoing to the contrary, Tenant's right to install, operate and maintain the Antenna shall be subject to Tenant obtaining all necessary governmental permits and approvals required for the installation and operation of the Antenna, including, without limitation, all federal, state and local permits and approvals, which permits and approvals shall remain in effect at all times that the Antenna is located on the setback of the Premises. Landlord shall have the right to, or to require Tenant to, move the Antennae to another location designated by Landlord or to cease the operation of the Antennae by Landlord and to remove same if the Antennae shall be in violation of applicable law or shall interfere with the use and operation of other facilities or equipment now or hereafter located at or within the Building, without liability to Tenant therefor.
Appears in 1 contract
Samples: Office Building Lease Agreement (Broadview Networks Holdings Inc)
SATELLITE DISH. Subject to the provisions and conditions of this Article 3122, Landlord hereby consents to (i) Tenant's continued operation of the satellite dish located on the roof of Building 4 (the "BUILDING 4 DISH"), in its current location, size and configuration; and (ii) the installation of a an additional satellite dish antenna in a portion of the roof of the Building (the "NEW DISH"; collectively with the Building 4 Dish, the "SATELLITE DISHDISHES"), in such location as may be designated by Landlord, for the sole use of Tenant. Tenant agrees and hereby covenants to Landlord as follows:
31.1.1 22.1.1. The Satellite New Dish shall not be visible from ground level, and shall not exceed thirty inches in diameter and shall not project more than five feet above the roof surface of the Building, unless otherwise approved by Landlord which approval shall not be unreasonably withheld;
31.1.2 22.1.2. Installation, service, repair, maintenance and removal of the Satellite Dish Dishes shall be performed by a reputable contractor that has been approved by Landlord in writing. Installation, service, repair and maintenance of the Satellite Dish Dishes shall be performed during normal office hours (8:00 a.m. to 5:00 p.m., Monday to Friday). Tenant shall have access 41 to the roof of the Building and to the roof of Building 4 for the purposes of such maintenance; provided, however, that Tenant shall not have access to the roof of any building in the Project unless accompanied by Landlord's agent;
31.1.3 22.1.3. The installation, operation and maintenance of the Satellite Dish Dishes shall not interfere with the peaceful enjoyment by any other tenant of its respective premises and/or the operation of any other antennae or satellite dishes which may be permitted by Landlord;
31.1.4 22.1.4. Tenant shall be solely liable for the installation, maintenance, repair and removal of the Satellite DishDishes, and shall remove the Satellite Dish Dishes and repair any damage caused by such removal prior to the expiration or earlier termination of the Lease. The installation of the Satellite New Dish and operation, maintenance and removal of the Satellite Dish Dishes shall be performed (i) in a good and workmanlike manner, so that they would not create a hazard to life or property; (ii) in compliance with all applicable federal, state and local laws, regulations and ordinances, (iii) with due care and regard for safety and in a manner that will not cause injury or death to persons or damage to property; (iv) so that no lien or other encumbrance shall be placed on any portion of the Project, and (v) in a way that will not limit or void any warranty on the roof nor cause nor permit leaking of the roof, nor impair the structural integrity of any building in the Project; and
31.1.5 Tenant shall insure that its use and operation of the Satellite Dish does not create a nuisance. 62;
Appears in 1 contract
Samples: Office Lease (3com Corp)
SATELLITE DISH. Subject 41.01 Upon request by Tenant in accordance herewith during the term of this Lease, Tenant may (subject to the provisions terms hereof), at its own cost and conditions of this Article 31expense, Landlord hereby consents to the installation of install, operate, and maintain a satellite dish antenna in a portion of (hereinafter the "Satellite Dish") on the roof of the Building (the "SATELLITE DISH"), in such a location as may to be designated by Landlord, for . Such installation of the sole use of Tenant. Tenant agrees and hereby covenants to Landlord as follows:
31.1.1 The Satellite Dish shall not be visible from ground level, deemed "Tenant's Work" under Article 14 and shall not exceed thirty inches be performed in diameter strict accordance therewith.
41.02 Tenant's right to install and operate the Satellite Dish as set forth above shall not project more than five feet above be subject to the roof surface further provisions of this Article 41. Tenant shall submit to Landlord, along with its request to install the Satellite Dish, (i) plans and specifications for the installation of the Satellite Dish, (ii) copies of all necessary governmental and quasi-governmental permits, licenses and authorizations for the installation of such Satellite Dish, which the Tenant shall obtain at its own expense; and (iii) a certificate of insurance evidencing insurance coverage as required by this Lease and any other insurance reasonably required by the Landlord for the installation and operation of the Satellite Dish. Landlord may withhold its approval to the installation and operation of the Satellite Dish if such installation and/or operation of the Satellite Dish may damage the structural integrity of the Building, unless otherwise approved interfere with any service provided by the Landlord which approval or any tenant, interfere with any then existing tenant's business or reduce the amount of rentable space in the Building, or if such installation, and/or operation shall not be unreasonably withheld;in violation of any of the terms hereof.
31.1.2 Installation41.03 The installation and size of such Satellite Dish shall meet the specifications of Landlord and the Federal Communications Commission and shall comply with all other governmental requirements (local, servicestate and federal) and all reasonable requirements of Landlord. In no event shall the Satellite Dish be more than eighteen (18") inches in diameter. Tenant shall, repairat its own cost and expense, maintenance maintain and repair the Satellite Dish and keep same in good condition for as long as same is installed and remains.
41.04 Tenant covenants and agrees that neither the Tenant nor its agents will cause any damage to the roof during the installation and operation of the Satellite Dish.
41.05 If Landlord's insurance premium or Real Estate Taxes (or any other taxes) are increased as a result of the Satellite Dish or if any other tax or charge is imposed on Landlord in connection therewith, Tenant shall pay such increase or such other tax or charge, as additional rent, upon receipt of a xxxx from the Landlord therefor.
41.06 Tenant shall have no right to an abatement or reduction in the amount of fixed rent or additional rent set forth in this Lease if for any reason the Tenant is unable to use the Satellite Dish.
41.07 Tenant covenants and agrees that the installation, operation and removal of the Satellite Dish shall and all related cabling and wiring will be performed by a reputable contractor that has been approved by at its sole risk and expense. Tenant agrees to indemnify, defend and hold harmless Landlord against all claims, actions, damages, liability and expenses (including reasonable attorneys' fees and disbursements) in writing. Installationconnection with the loss of life, servicepersonal injury, repair and maintenance damage to property or business or any other loss or injury arising out of the Satellite Dish shall be performed during normal office hours (8:00 a.m. to 5:00 p.m., Monday to Friday). Tenant shall have access to the roof of the Building for the purposes of such maintenance; provided, however, that Tenant shall not have access to the roof of any building in the Project unless accompanied by Landlord's agent;
31.1.3 The installation, operation and maintenance of the Satellite Dish shall not interfere with the peaceful enjoyment by any other tenant of its respective premises and/or the operation of any other antennae or satellite dishes which may be permitted by Landlord;
31.1.4 Tenant shall be solely liable for the installation, maintenance, repair and removal of the Satellite Dish, unless caused by Landlord and not covered by Tenant's insurance. Tenant agrees to indemnify Landlord for all costs and expenses (including reasonable attorneys' fees and disbursements) incurred as a result of any litigation concerning the Satellite Dish.
41.08 Landlord, at its sole option, may require the Tenant, at any time prior to the expiration of this Lease, to terminate the operation of the Satellite Dish and to remove the Satellite Dish at Tenant's sole expense if it is causing physical damage to the structural integrity of the Building, interfering with any other service provided by the Building, or interfering with the business of any other tenant that was operating in the Building prior to installation of Tenant's Satellite Dish.
41.09 At the expiration or sooner termination of this Lease or upon termination of the operation of the Satellite Dish by Landlord, Tenant or otherwise, Tenant shall be required to remove the Satellite Dish and repair any damage caused by such removal all related cabling and wiring from the Building, at its sole cost and expense, on or prior to such date. Tenant shall repair all damage attributable to the expiration installation or earlier termination removal of such Satellite Dish and all related cabling and wiring and shall leave the portion of the LeaseBuilding where the Satellite Dish was located in good order and repair, reasonable wear and tear excepted. The installation If Tenant does not promptly remove the Satellite Dish and all related cabling and wiring when so required, Tenant hereby authorizes Landlord to remove and dispose of the Satellite Dish and operation, maintenance all related cabling and removal wiring and charge Tenant for all costs and expenses incurred thereby. Tenant agrees that Landlord shall not be liable for any property (including the Satellite Dish and all related cabling and wiring) disposed of or removed by Landlord in accordance herewith.
41.10 Access to the roof by Tenant's contractor to install the Satellite Dish shall be performed (i) in a good and workmanlike manner, so that they would not create a hazard to life or property; (ii) in compliance coordinated with all applicable federal, state and local laws, regulations and ordinances, (iii) with due care and regard for safety and in a manner that will not cause injury or death to persons or damage to property; (iv) so that no lien or other encumbrance Landlord's property manager. Tenant shall be placed on any portion of the Project, and (v) in a way that will not limit or void any warranty on permitted access to the roof nor cause nor permit leaking for the purpose of the roofmaintenance, nor impair the structural integrity of any building in the Project; and
31.1.5 Tenant shall insure that its use and operation repair or replacement of the Satellite Dish does not create a nuisance. 62during the hours of 9:00 a.m. to 5 p.m. Monday through Friday (except holidays) upon reasonable prior written notice to Landlord.
Appears in 1 contract
Samples: Lease (Clarus Corp)
SATELLITE DISH. Subject to the provisions and conditions of this Article 3122, Landlord hereby consents to (i) Tenant’s continued operation of the installation of a satellite dish antenna located on the roof of Building 4, in a portion its current location, size and configuration (the “Building 4 Dish”); and (ii) Tenant’s continued operation of the satellite dish located on the roof of the Building Building, in its current location, size and configuration (the "SATELLITE DISH"“Building 2 Dish” and collectively with the Building 4 Dish, the “Satellite Dishes”), in such location as may be designated by Landlord, for the sole use of Tenant. Tenant agrees and hereby covenants to Landlord as follows:
31.1.1 The Satellite Dish shall not be visible from ground level, and shall not exceed thirty inches in diameter and shall not project more than five feet above the roof surface of the Building, unless otherwise approved by Landlord which approval shall not be unreasonably withheld;
31.1.2 22.1.1 Installation, service, repair, maintenance and removal of the Satellite Dish Dishes shall be performed by a reputable contractor that has been approved by Landlord in writing. Installation, service, repair and maintenance of the Satellite Dish Dishes shall be performed during normal office hours (8:00 a.m. to 5:00 p.m., Monday to Friday). Tenant shall have access to the roof of the Building and to the roof of Building 4 for the purposes of such maintenance; provided, however, that Tenant shall not have access to the roof of any building in the Project unless accompanied by Landlord's ’s agent;
31.1.3 22.1.2 The installation, operation and maintenance of the Satellite Dish Dishes shall not interfere with the peaceful enjoyment by any other tenant of its respective premises and/or the operation of any other antennae or satellite dishes which may be permitted by Landlord;
31.1.4 22.1.3 Tenant shall be solely liable for the installation, maintenance, repair and removal of the Satellite DishDishes, and shall remove the Satellite Dish Dishes and repair any damage caused by such removal prior to the expiration or earlier termination of the Lease. The installation of the Satellite Dish and operation, maintenance and removal of the Satellite Dish Dishes shall be performed (i) in a good and workmanlike manner, so that they would not create a hazard to life or property; (ii) in compliance with all applicable federal, state and local laws, regulations and ordinances, (iii) with due care and regard for safety and in a manner that will not cause injury or death to persons or damage to property; (iv) so that no lien or other encumbrance shall be placed on any portion of the Project, and (v) in a way that will not limit or void any warranty on the roof nor cause nor permit leaking of the roof, nor impair the structural integrity of any building in the Project; and;
31.1.5 22.1.4 Tenant shall insure that its use and operation of the Satellite Dish Dishes does not create a nuisance;
22.1.5 There shall be no penetrations of the roof of any building in the Project unless specifically approved by Landlord in writing. 62Whether or not Landlord approves such penetrations, in the event the roof leaks, or any other physical damage to the roof occurs as a result of the installation and/or maintenance of the Satellite Dishes, Landlord shall provide written notice of such leaks and upon receipt of such notice Tenant shall meet with Landlord or its agent within twenty-four (24) hours to determine the extent of such damage, and any required repairs shall be performed by a licensed roofing contractor approved by Landlord at the sole cost and expense of Tenant. If Tenant fails to meet with Landlord as set forth above, declines to complete such repairs and/or to have such repairs completed within seven days (or such shorter time as may be prudent under the circumstances), Landlord may, but shall not be obligated to, have the roof repaired, and Tenant shall reimburse Landlord for the cost thereof as additional rent within ten (10) days after receipt of an invoice from Landlord; notwithstanding the foregoing, so long as Landlord is able to undertake said repairs and Tenant reimburses Landlord for the cost thereof as set forth above, Tenant shall not be deemed to be in default under this Lease for failing to have undertaken such repairs; and
22.1.6 Tenant’s subcontractors for installation, maintenance, service and repair of the Satellite Dishes shall carry and maintain in force the following insurance with companies reasonable satisfactory to Landlord, and Tenant shall provide Landlord with insurance certificates specifying such coverage within thirty (30) days after the Lease Commencement Date (or prior to the performance of any work by such contractors, if earlier), and annually thereafter:
(i) Worker’s Compensation and Employer’s Liability insurance coverage for all employees engaged in performing services in connection with the Satellite Dishes, in accordance with all laws which may be applicable to said employees;
(ii) Comprehensive General Liability Insurance in the amount of One Million Dollars ($1,000,000) for injury, death, or tangible property damage resulting from each occurrence with a Two Million Dollar ($2,000,000) aggregate limit; and
(iii) Automobile Liability insurance coverage covering owned, non-owned, and rented automotive equipment providing at least Five Hundred Thousand Dollars ($500,000) for coverage of injury, death or tangible property damage resulting from each occurrence.
Appears in 1 contract
Samples: Office Lease (3com Corp)
SATELLITE DISH. Subject 30.1 Tenant shall have the right to the provisions install, at Tenant’s sole cost and conditions of this Article 31expense, Landlord hereby consents to the installation of a satellite dish antenna in a portion of on the roof of the Building Buildings at a location reasonably acceptable to Landlord satellite dishes and antenna or smaller and related accessories, including without limitation the conduit described below (collectively, “Satellite Equipment”) as Tenant may reasonably request, provided that such Satellite Equipment is properly screened, does not damage the "SATELLITE DISH")structural integrity of the Premises, shall not involve the making of any roof penetrations or any other actions which would result in such location as may be designated by a breach of Landlord’s roof warranty, shall comply with applicable laws and further provided that Tenant provides Landlord, at least twenty (20) days prior to any such installation: (i) plans and specifications for the sole use of Tenant. Tenant agrees and hereby covenants to Landlord as follows:
31.1.1 The Satellite Dish shall not be visible from ground level, and shall not exceed thirty inches in diameter and shall not project more than five feet above the roof surface installation of the BuildingSatellite Equipment, unless otherwise approved by Landlord which shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld;
31.1.2 Installationwithheld or delayed; and (ii) copies of all required governmental and quasi-governmental permits, servicelicenses and authorizations which Tenant shall obtain at its own expense. Once installed, repair, maintenance and removal of the Satellite Dish Landlord shall be performed by entitled, at Landlord’s cost, to require tenant to relocate its Satellite Equipment to a reputable contractor that has been approved by Landlord in writing. Installation, service, repair and maintenance of the Satellite Dish shall be performed during normal office hours (8:00 a.m. to 5:00 p.m., Monday to Friday). Tenant shall have access to different location on the roof of the Building for Buildings as reasonably determined by Landlord. Tenant acknowledges that, upon the purposes expiration or termination of such maintenance; providedthis Lease, howeverTenant shall be responsible, at its sole cost and expense, to remove the Satellite Equipment and repair any and all damage as a result thereof. In addition, Tenant acknowledges that Tenant shall not have access to be responsible for all additional roof costs incurred by Landlord in the maintenance or replacement of the roof of any building in applicable Building due to the Project unless accompanied by Landlord's agent;
31.1.3 The installation, operation and maintenance presence of the Satellite Dish Equipment.
30.2 Tenant shall not use the roof or the Satellite Equipment in any way that interferes with the use of the Project by: (a) Landlord or (b) tenants or licensees of Landlord now or hereafter leasing or licensing space in, on or at the Project (the “Project Tenants”). The operation of the Satellite Equipment shall not interfere with the peaceful enjoyment by Project Tenants or with the maintenance or operation of the Project, including but not limited to the roof, MATV, CATV or other video systems, HVAC systems, electronically controlled elevator systems, computers, telephone systems, or any other tenant of system serving the Project and/or its respective premises and/or occupants, or the operation of any other antennae radio or satellite dishes which may be permitted telecommunication equipment installed at the Project. Tenant agrees to immediately cease all operations (except for testing as approved by Landlord;
31.1.4 ) until the interference has been corrected to the sole satisfaction of the Landlord. Tenant shall be solely liable responsible for all costs associated with any tests deemed necessary to resolve any and all interference as set forth in this Lease. If such interference has not been corrected within thirty (30) days, Landlord may require Tenant to remove the Satellite Equipment. All operations by Tenant shall be lawful and in compliance with all FCC rules and regulations. Tenant shall be responsible for all costs associated with any tests deemed necessary to resolve any and all interference which Landlord determines or reasonably believes is being caused by the Satellite Equipment or Tenant’s use of the Satellite Equipment.
30.3 Tenant hereby agrees to indemnify and hold Landlord, its partners, agents, and employees harmless from and against any and all costs, claims, damages, cause of action, and liability (including reasonable attorneys’ fees and court costs) which may arise by reason of (a) any interference as hereinabove described, and/or (b) any occurrence attributable to or arising out of the installation, maintenance, repair and repair, operation, or removal of any of the Satellite DishEquipment, and shall remove the Satellite Dish and repair including, without limitation, any damage caused by such removal prior claim or cause of action for injury to the expiration or earlier termination of the Lease. The installation of the Satellite Dish and operation, maintenance and removal of the Satellite Dish shall be performed (i) in a good and workmanlike manner, so that they would not create a hazard to life or property; (ii) in compliance with all applicable federal, state and local laws, regulations and ordinances, (iii) with due care and regard for safety and in a manner that will not cause injury or death to persons of any person or damage to any property; (iv) so that no lien or other encumbrance shall be placed on any portion of the Project, and (v) in a way that will not limit Tenant agrees to defend any claim, cause of action, or void any warranty on the roof nor cause nor permit leaking of the roofdemand against Landlord, nor impair the structural integrity its partners, agents, and employees, arising out of any building in the Project; and
31.1.5 Tenant shall insure that its use and operation of the Satellite Dish does not create a nuisance. 62such interference and/or occurrence.
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SATELLITE DISH. Subject 28.1 Tenant shall have the right to the provisions install, at Tenant’s sole cost and conditions of this Article 31expense, Landlord hereby consents to the installation of a satellite dish antenna in a portion of on the roof of the Building at a location reasonably acceptable to Landlord satellite dishes and antenna or smaller and related accessories, including without limitation the conduit described below (collectively, “Satellite Equipment”) as Tenant may reasonably request, provided that such Satellite Equipment is properly screened, does not damage the "SATELLITE DISH")structural integrity of the Premises, shall not involve the making of any roof penetrations or any other actions which would result in such location as may be designated by a breach of Landlord’s roof warranty, shall comply with applicable laws and further provided that Tenant provides Landlord, at least twenty (20) days prior to any such installation: (i) plans and specifications for the sole use of Tenant. Tenant agrees and hereby covenants to Landlord as follows:
31.1.1 The Satellite Dish shall not be visible from ground level, and shall not exceed thirty inches in diameter and shall not project more than five feet above the roof surface installation of the BuildingSatellite Equipment, unless otherwise approved by Landlord which shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld;
31.1.2 Installationwithheld or delayed; and (ii) copies of all required governmental and quasi-governmental permits, servicelicenses and authorizations which Tenant shall obtain at its own expense. Once installed, repair, maintenance and removal of the Satellite Dish Landlord shall be performed by entitled, at Landlord’s cost, to require tenant to relocate its Satellite Equipment to a reputable contractor that has been approved by Landlord in writing. Installation, service, repair and maintenance of the Satellite Dish shall be performed during normal office hours (8:00 a.m. to 5:00 p.m., Monday to Friday). Tenant shall have access to different location on the roof of the Building for as reasonably determined by Landlord. Tenant acknowledges that, upon the purposes expiration or termination of such maintenance; providedthis Lease, howeverTenant shall be responsible, at its sole cost and expense, to remove the Satellite Equipment and repair any and all damage as a result thereof. In addition, Tenant acknowledges that Tenant shall not have access to be responsible for all additional roof costs incurred by Landlord in the maintenance or replacement of the roof of any building in applicable Building due to the Project unless accompanied by Landlord's agent;
31.1.3 The installation, operation and maintenance presence of the Satellite Dish Equipment.
28.2 Tenant shall not use the roof or the Satellite Equipment in any way that interferes with the use of the Project by: (a) Landlord or (b) tenants or licensees of Landlord now or hereafter leasing or licensing space in, on or at the Project (the “Project Tenants”). The operation of the Satellite Equipment shall not interfere with the peaceful enjoyment by Project Tenants or with the maintenance or operation of the Project, including but not limited to the roof, MATV, CATV or other video systems, HVAC systems, electronically controlled elevator systems, computers, telephone systems, or any other tenant of system serving the Project and/or its respective premises and/or occupants, or the operation of any other antennae radio or satellite dishes which may be permitted telecommunication equipment installed at the Project. Tenant agrees to immediately cease all operations (except for testing as approved by Landlord;
31.1.4 ) until the interference has been corrected to the sole satisfaction of the Landlord. Tenant shall be solely liable responsible for all costs associated with any tests deemed necessary to resolve any and all interference as set forth in this Lease. If such interference has not been corrected within thirty (30) days, Landlord may require Tenant to remove the Satellite Equipment. All operations by Tenant shall be lawful and in compliance with all FCC rules and regulations. Tenant shall be responsible for all costs associated with any tests deemed necessary to resolve any and all interference which Landlord determines or reasonably believes is being caused by the Satellite Equipment or Tenant’s use of the Satellite Equipment.
28.3 Tenant hereby agrees to indemnify and hold Landlord, its partners, agents, and employees harmless from and against any and all costs, claims, damages, cause of action, and liability (including reasonable attorneys’ fees and court costs) which may arise by reason of (a) any interference as hereinabove described, and/or (b) any occurrence attributable to or arising out of the installation, maintenance, repair and repair, operation, or removal of any of the Satellite DishEquipment, and shall remove the Satellite Dish and repair including, without limitation, any damage caused by such removal prior claim or cause of action for injury to the expiration or earlier termination of the Lease. The installation of the Satellite Dish and operation, maintenance and removal of the Satellite Dish shall be performed (i) in a good and workmanlike manner, so that they would not create a hazard to life or property; (ii) in compliance with all applicable federal, state and local laws, regulations and ordinances, (iii) with due care and regard for safety and in a manner that will not cause injury or death to persons of any person or damage to any property; (iv) so that no lien or other encumbrance shall be placed on any portion of the Project, and (v) in a way that will not limit Tenant agrees to defend any claim, cause of action, or void any warranty on the roof nor cause nor permit leaking of the roofdemand against Landlord, nor impair the structural integrity its partners, agents, and employees, arising out of any building in the Project; and
31.1.5 Tenant shall insure that its use and operation of the Satellite Dish does not create a nuisance. 62such interference and/or occurrence.
Appears in 1 contract
