SATELLITE DISH. A. Tenant shall have the right to 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 a 36 inch dish/antenna or other communication device approved by the Landlord (the "Dish/Antenna"). The exact location of the space on the roof to be leased by Tenant shall be designated by Landlord and shall not exceed 9 square feet (the "Roof Space"). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term. Landlord's designation shall take into account Tenant's use of the Dish/Antenna. Notwithstanding the foregoing, Tenant's right to install the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the "Plans and Specifications") shall be submitted to Landlord for Landlord's written approval no later than 20 days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord determines that the Dish/Antenna equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its sole discretion, deems it necessary, Tenant shall provide and install, at Tenant's sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Dish/Antenna (the "Aesthetic Screening"). B. 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. C. 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, is not permitted to 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. D. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Project. 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. E. 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 connected to Landlord's power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the 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 stoppage or shortage of electrical power. Neither Landlord nor its agents 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 Building or the Roof Space.
Appears in 1 contract
SATELLITE DISH. A. a. Provided Tenant is not in default under the Lease, and provided further that Tenant complies with all zoning and other municipal and county rules and regulations, Tenant shall have the right right, at its own cost and expense, to lease space install, operate and maintain on the roof of the Building Building, a microwave satellite dish ("Dish") for a reasonable monthly rental rate, to be determined by Landlord upon its review of Tenant's specifications for the purpose of installing (in accordance with Section IX.C of the Lease), operating and maintaining a 36 inch dish/antenna or other communication device approved by the Landlord (the "Dish/Antenna"). The exact location of the space on the roof to be leased by Tenant shall be designated by Landlord and shall not exceed 9 square feet (the "Roof Space"). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term. Landlord's designation shall take into account Tenant's use of the Dish/Antenna. Notwithstanding the foregoing, Tenant's right to install the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the "Plans and Specifications") shall be submitted to Landlord for Landlord's written approval no later than 20 days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all any necessary governmental permits and regulatory approvals licenses required to install and for the cost of installing, operating, maintaining and removing operate the Dish/Antenna. Tenant Copies of such permits and licenses shall notify Landlord upon completion be provided to Landlord.
b. The size, location, design and manner of the installation of the Dish/AntennaDish and all related wiring and equipment shall be designated and approved by Landlord, which approval shall not be unreasonably withheld. If After obtaining written approval of Landlord, Tenant shall have reasonable access to the roof for installation and maintenance of the Dish and shall have the right to install all reasonable wiring related thereto. However, unless otherwise approved by Landlord determines that in writing, in no event shall Tenant be permitted to penetrate the Dish/Antenna equipment does not comply roof membrane in connection with the approved Plans and Specifications, that the Building has been damaged during installation or maintenance of the Dish/Antenna or .
c. Tenant represents and warrants that the installation was defective, Landlord shall notify Tenant and maintenance 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 Dish will not cause any damage to the Building caused by such installationstructural portions of the Building. 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").
B. 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.
C. 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, is not permitted to 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 repairing any damage caused such damages to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representativesstructure.
D. d. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Project. 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.
E. Tenant shall, at its sole cost and expense, and at its sole risk, shall install, operate and maintain the Dish/Antenna Dish in a good and workmanlike manner, and in compliance accordance with all federal, state and local laws and regulations. Prior to installation of the Dish, Tenant shall, on behalf of the installer, provide Landlord with a certificate of insurance reasonably satisfactory to Landlord.
e. Tenant reserves the right to discontinue its use of the Dish at any time prior to the termination of the Lease or any renewal or extension thereof for any reason whatsoever, provided that Tenant gives thirty (30) days prior written notice thereof to Landlord. Tenant shall be responsible for all costs of removal and for restoring the Building to its original condition after such removal. Notwithstanding the foregoing, Landlord reserves the right at any time during or upon the expiration of the Lease Term to reasonably require by written notice to Tenant that Tenant remove the Dish within ten (10) days from Tenant's receipt thereof, unless Landlord waives such right in writing at the time of granting its consent to the installation of said Dish. Such removal shall be in accordance with all of the terms and conditions set forth herein. If Tenant elects not to remove the Dish from the Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect upon expiration or hereafter promulgated, earlier termination 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, or after expiration of the Landlord and its agents assume no responsibility for ten (10) day notice period provided herein, 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 Dish shall be connected to deemed abandoned by Tenant and shall become the property of Landlord's power supply .
f. Any language in strict compliance with all applicable Buildingthe Lease notwithstanding, electrical, fire and safety codes. Neither Landlord nor its agents shall not be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the 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 indemnify, defend and hold Landlord harmless from and against any and all liability, damages (including but not be entitled limited to personal injury, death, or property damages), costs, expenses, and attorneys' fees incurred by Landlord arising from any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for Dish related cause whatsoever, including those arising from the conduct or safety of any of Tenant's representativesinstallation, repairuse, maintenance and engineering personnel while in removal thereof, except for that caused by the gross negligence or on any part willful misconduct of Landlord.
g. If Tenant fails to comply with the terms stated herein, or if removal of the Dish is required by any governmental authority having jurisdiction thereof, Tenant shall remove the Dish and all related wiring and equipment and restore the Building or to its original condition in accordance herewith within ten (10) days of its receipt of written notice requiring the Roof Spacesame.
h. Tenant's right to install, maintain and use such Dish shall be subordinate and inferior to the rights of any and all existing tenants in the Building that have previously been granted the right to install and maintain dishes on the roof of the Building.
Appears in 1 contract
Samples: Lease Agreement (NHP Inc)
SATELLITE DISH. A. Tenant shall have the right to lease space maintain and operate within an area designated by Landlord on the roof of the Building for (the purpose “Licensed Area”), during the Term of installing this Lease, communication equipment (the “Dish”) at a location determined by Landlord (of which the height, appearance and installation procedures must be approved in writing by Landlord) in accordance with Section IX.C of and subject to the Lease), operating and maintaining a 36 inch dish/antenna or other communication device approved by the Landlord (the "Dish/Antenna")following terms. The exact location of the space on the roof to be leased by Tenant shall be designated by utilize a contractor reasonably acceptable to Landlord and to install the Dish, which contractor shall not exceed 9 square feet (comply with Landlord’s construction rules for the "Roof Space")Building, including without limitation Landlord’s standard insurance requirements. Landlord reserves the right upon reasonable notice to relocate Tenant to require either (a) the Roof Space relocation of all equipment installed by Tenant to another location on the roof of the Building, or (b) the removal of any or all of such equipment should Landlord determine that its presence may result in damage to the Building and that Tenant has not made satisfactory arrangements to protect Landlord therefrom. Tenant shall use the Licensed Area only for the operation and maintenance of the Dish and the necessary mechanical and electrical equipment to service the Dish. The right to utilize the Dish and Licensed Area shall be limited solely to Tenant, and in no event may Tenant assign or sublicense such right to other than an Affiliate. Tenant shall not use or permit any other person to use the Licensed Area for any improper use or for any operation which would constitute a nuisance, and Tenant shall at all times conform to and cause all persons using any part of the Licensed Area to comply with all public laws, ordinances and regulations from time to time applicable thereto and to all operations thereon. Tenant shall require its employees, when using the Licensed Area, to stay within the immediate confines thereof. In the event a cable television system is operating in the area, Tenant shall at all times conduct its operations so as to ensure that the cable television system shall not be subject to harmful interference as a result of such operations by Tenant. Upon notification from Landlord of any such interference, Tenant agrees to immediately take the necessary steps to correct such situation, and Tenant’s failure to do so shall be 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 necessary during established by Landlord regarding the Termgeneration of electromagnetic fields. Should Landlord determine in good faith at any time that the Dish poses a health or safety hazard to occupants of the Building, Landlord may require Tenant to remove the Dish or make other arrangements satisfactory to Landlord's designation shall take into account Tenant's . Any claim or liability resulting from the use of the Dish/Antenna. Notwithstanding the foregoing, Tenant's right to install the Dish/Antenna Dish shall be subject to the approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications Tenant’s indemnification obligation as set forth in Section 10.3 of the Dish/Antenna, Lease. Upon the manner in which the Dish/Antenna is attached to the roof expiration or earlier termination of the Building and the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the "Plans and Specifications") shall be submitted to Landlord for Landlord's written approval no later than 20 days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord determines that the Dish/Antenna equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defectsthis Lease, 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").
B. 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.
C. 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, is not permitted to 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.
D. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Project. 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 Dish and all other equipment installed by it and shall restore the Roof SpaceLicensed Area to its original condition.
E. 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 connected to Landlord's power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the 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 stoppage or shortage of electrical power. Neither Landlord nor its agents 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 Building or the Roof Space.
Appears in 1 contract
Samples: Lease (SERVICE-NOW.COM)
SATELLITE DISH. A. a. Provided Tenant is not in default under the Lease, and provided further that Tenant complies with all zoning and other municipal and county rules and regulations, Tenant shall have the right during the Lease Term, at its own cost and expense, to lease space install, operate and maintain on the roof of the Building for the purpose of installing Building, a microwave satellite dish (in accordance with Section IX.C of the Lease"Dish"), operating upon the terms and maintaining a 36 inch dish/antenna or other communication device approved by the Landlord (the "Dish/Antenna"). The exact location of the space on the roof to be leased by Tenant shall be designated by Landlord and shall not exceed 9 square feet (the "Roof Space"). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term. Landlord's designation shall take into account Tenant's use of the Dish/Antenna. Notwithstanding the foregoing, Tenant's right to install the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the "Plans and Specifications") shall be submitted to Landlord for Landlord's written approval no later than 20 days before Tenant commences to install the Dish/Antennaconditions set forth herein. Tenant shall be solely responsible for obtaining all any necessary governmental permits and regulatory approvals licenses required to install and for the cost of installing, operating, maintaining and removing operate the Dish/Antenna. Tenant Copies of such permits and licenses shall notify Landlord upon completion be provided to Landlord.
b. The size, location, design and manner of the installation of the Dish/AntennaDish and all related wiring and equipment shall be designated and approved by Landlord, which approval shall not be unreasonably withheld. If After obtaining written approval of Landlord, Tenant shall have reasonable access to the roof for installation and maintenance of the Dish and shall have the right to install all reasonable wiring related thereto. However, unless otherwise approved by Landlord determines that in writing, in no event shall Tenant be permitted to penetrate the Dish/Antenna equipment does not comply roof in connection with the approved Plans and Specifications, that the Building has been damaged during installation or maintenance of the Dish/Antenna or .
c. Tenant represents and warrants that the installation was defective, Landlord shall notify Tenant and maintenance 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 Dish will not cause any damage to the Building caused by structural portions of the Building. Tenant shall be responsible for repairing any such installationdamages to the structure.
d. Tenant shall install, operate and maintain the Dish in accordance with all federal, state and local laws and regulations. If Prior to installation of the dish, Tenant shall, on behalf of the installer, provide Landlord with a certificate of insurance reasonably satisfactory to Landlord.
e. Tenant reserves the right to discontinue its use of the Dish at any time prior to the termination of the Lease or any renewal or extension thereof for any reason whatsoever, provided that Tenant gives thirty (30) days prior written notice thereof to Landlord, in . Tenant shall be responsible for all costs of removal and for restoring the Building to its sole discretion, deems it necessaryoriginal condition after such removal. Notwithstanding the foregoing, Tenant shall provide remove the Dish and installall related wiring and equipment upon the expiration or early termination of the Lease and shall restore the Building to its original condition after such removal, at Tenant's sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Dish/Antenna (the "Aesthetic Screening").
B. Landlord agrees that Tenant, upon reasonable prior written notice to Landlord, . Such removal shall have access to the roof be in accordance with all of the Building terms 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.
C. 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, is not permitted to 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.
D. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Project. 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 interferenceconditions set forth herein. If said interference canTenant elects not be eliminated within a reasonable period of time, in the judgment of Landlord, then Tenant agrees to remove the Dish/Antenna Dish from the Roof Space.
E. 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 Building upon expiration or hereafter promulgated, earlier termination 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 Dish shall be connected to deemed abandoned by Tenant and shall become the property of Landlord's power supply .
f. Any language in strict compliance with all applicable Buildingthe Lease notwithstanding, electrical, fire and safety codes. Neither Landlord nor its agents shall not be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the 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 indemnify, defend and hold Landlord harmless from and against any and all liability, damages (including but not be entitled limited to personal injury, death, or property damages), costs, expenses, and attorneys' fees incurred by Landlord arising from any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for Dish related cause whatsoever, including those arising from the conduct or safety of any of Tenant's representativesinstallation, repairuse, maintenance and engineering personnel while in removal thereof, except for that caused by the gross negligence or on any part willful misconduct of Landlord.
g. If Tenant fails to comply with the terms stated herein, or if removal of the Dish is required by any governmental authority having jurisdiction thereof, Tenant shall remove the Dish and all related wiring and equipment and restore the Building or to its original condition in accordance herewith within five (5) days of its receipt of written notice requiring the Roof Spacesame.
Appears in 1 contract
SATELLITE DISH. A. a. Provided Tenant is not in Default under the Lease, and provided further that Tenant complies with all zoning and other municipal and county rules and regulations, Tenant shall have the right right, at its own cost and expense and subject to lease space the terms hereof, to install, operate and maintain on the roof of the Building for the purpose of installing Building, a microwave satellite dish (in accordance with Section IX.C of the Lease), operating and maintaining a 36 inch dish/antenna or other communication device approved by the Landlord (the "Dish/Antenna"). The exact location ) for a rental rate of the space Zero Dollars($0.00) per month (prorated for any partial month) payable to Landlord as additional rent hereunder on the roof to be leased by Tenant shall be designated by Landlord and shall not exceed 9 square feet (the "Roof Space"). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term. Landlord's designation shall take into account Tenant's use first day 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 each month commencing upon installation of the Dish/Antenna (the "Plans and Specifications") shall be submitted to Landlord for Landlord's written approval no later than 20 days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all any necessary governmental permits and regulatory approvals licenses required to install and for the cost of installing, operating, maintaining and removing operate the Dish/Antenna. Tenant Copies of such permits and licenses shall notify be provided to Landlord. Notwithstanding the grant of this right, Landlord upon completion shall maintain control over the roof of the Building, and nothing herein shall be deemed Landlord's consent for Tenant to use the roof for any other purpose than the installation, operation and maintenance of the Dish in conjunction with the operation of its business.
b. The size, location, design and manner of installation of the Dish/AntennaDish and all related wiring shall be designated and approved by Landlord. If After obtaining written approval of Landlord, Tenant shall have reasonable access to the roof for installation and maintenance of the Dish and shall have the right to install all reasonable wiring related thereto. However, unless otherwise approved by Landlord determines that in writing, in no event shall Tenant be permitted to penetrate the Dish/Antenna equipment does not comply roof membrane in connection with the approved Plans and Specifications, that the Building has been damaged during installation or maintenance of the Dish/Antenna or .
c. Tenant represents and warrants that the installation was defective, Landlord shall notify Tenant and maintenance 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 Dish will not cause any damage to the Building caused by such installationstructural portions of the Building. 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").
B. 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.
C. 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, is not permitted to 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 repairing any damage caused such damages to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representativesstructure.
D. d. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Project. 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.
E. Tenant shall, at its sole cost and expense, and at its sole risk, shall install, operate and maintain the Dish/Antenna Dish in a good and workmanlike manner, and in compliance accordance with all federal, state and local laws and regulations. Prior to installation of the Dish, Tenant shall, on behalf of the installer, provide Landlord with a certificate of insurance reasonably satisfactory to Landlord.
e. Tenant reserves the right to discontinue its use of the Dish at any time prior to the termination of the Lease pr any renewal or extension thereof for any reason whatsoever, provided that Tenant gives thirty (30) days prior written notice thereof to Landlord. Tenant shall be responsible for all costs of removal and for restoring the Building to its original condition after such removal. Notwithstanding the foregoing, Tenant agrees within five (5) days after written notice from Landlord to (i) remove the Dish in the event any governmental entity or applicable law or regulation requires removal thereof or Tenant fails to comply with the terms stated herein; or (ii) relocate the Dish in the event the Dish interferes with any existing dish. Such removal or relocation shall be in accordance with all of the terms and conditions set forth herein. If Tenant elects not to remove the Dish from the Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect upon expiration or hereafter promulgated, earlier termination 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, or after expiration of the five (5) day notice period provided herein, the Dish shall be deemed abandoned by Tenant and shall become the property of Landlord.
f. Any language in the Lease notwithstanding, Landlord shall not be liable and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all liability, damages (including but not limited to personal injury, death, or property damages), costs, expenses, and attorneys' fees incurred by Landlord arising from any Dish related cause whatsoever, including those arising from the installation, use, maintenance and removal thereof.
g. Tenant's right to install, maintain and use such Dish shall be subordinate and inferior to the rights of any and all existing tenants in the Building that have previously been granted the right to install and maintain dishes on the roof of the Building. Any use of the roof by a third party shall not unreasonably interfere with the Dish or Tenant's use thereof.
h. In the event Tenant exercises its option to extend the term of the Lease as provided in Section 16.13, Landlord and its agents assume no responsibility Tenant hereby acknowledge and agree that the rental rate for the licensing, operation and/or maintenance of Tenant's equipment. Tenant has the responsibility of carrying out Dish shall be adjusted in accordance with the terms of its FCC license in all respects. The Dish/Antenna shall be connected the option to Landlord's power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the 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 stoppage or shortage of electrical power. Neither Landlord nor its agents 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 Building or the Roof Spaceextend.
Appears in 1 contract
Samples: Lease Agreement (Homegrocer Com Inc)
SATELLITE DISH. A. Provided Tenant is not in default under the Lease, and provided further that Tenant complies with all zoning and other municipal and county rules and regulations, Tenant shall have the right right, at its own cost and expense and subject to lease space the terms of this Agreement, to install, operate and maintain on the roof of the Building for the purpose of installing (in accordance with Section IX.C of the Lease), operating and maintaining a 36 inch dish/antenna or other communication device approved by the Landlord (the "Dish/Antenna"). The exact location of the space on the roof to be leased by Tenant shall be designated by Landlord and shall not exceed 9 square feet (the "Roof Space"). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term. Landlord's designation shall take into account Tenant's use of the only, a satellite dish or antennae ("Dish/Antenna. Notwithstanding the foregoing, Tenant's right to install the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the "Plans and Specifications") shall be submitted to Landlord for Landlord's written approval no later than 20 days before Tenant commences to install the Dish/Antenna'). Tenant shall be solely responsible for obtaining all any necessary governmental permits and regulatory approvals licenses required to install and for the cost of installing, operating, maintaining and removing operate the Dish/Antenna. Tenant Copies of such permits and licensees shall notify Landlord upon completion be provided to Landlord.
B. The size, location, design and manner of the installation of the Dish/AntennaDish and all related wiring shall be designated and approved by Landlord, which approval shall not be unreasonably withheld. If After obtaining written approval of Landlord, Tenant shall have reasonable access to the roof for installation and maintenance of the Dish and shall have the right to install all reasonable wiring related thereto. However, unless otherwise approved by Landlord determines that in writing, which approval shall not be unreasonably withheld, in no event shall Tenant be permitted to penetrate the Dish/Antenna equipment does not comply roof membrane in connection with the approved Plans and Specifications, that the Building has been damaged during installation or maintenance of the Dish/Antenna or .
C. Tenant represents and warrants that the installation was defective, Landlord shall notify Tenant and maintenance 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 Dish will not cause any damage to the Building caused by such installationstructural portions of the Building. 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").
B. 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.
C. 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, is not permitted to 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 repairing any damage caused such damages to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representativesstructure.
D. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Project. 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.
E. Tenant shall, at its sole cost and expense, and at its sole risk, shall install, operate and maintain the Dish/Antenna Dish in a good and workmanlike manner, and in compliance accordance with all federal, state and local laws and regulations. Prior to installation of the Dish, Tenant shall, on behalf of the installer, provide Landlord with a certificate of insurance reasonably satisfactory to Landlord.
E. Tenant reserves the right to discontinue its use of the Dish at any time prior to the termination of the Lease or any renewal or extension thereof for any reason whatsoever, provided that Tenant gives thirty (30) days prior written notice thereof to Landlord. Tenant shall be responsible for all costs of removal and for restoring the Building to its original condition after such removal. Notwithstanding the foregoing, Landlord reserves the right at any time during the Lease Term if Tenant discontinues use of the Dish or upon the expiration of the Lease Term to demand by written notice to Tenant that Tenant remove the Dish within ten (10) days from Tenant's receipt of notice thereof. Such removal shall be in accordance with all of the terms and conditions set forth herein. If Tenant elects not to remove the Dish from the Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect upon expiration or hereafter promulgated, earlier termination 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, or after expiration of the Landlord and its agents assume no responsibility for ten (10) day notice period provided herein, 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 Dish shall be connected to deemed abandoned by Tenant and shall become the property of the Landlord's power supply .
F. Any language in strict compliance with all applicable Buildingthe Lease notwithstanding, electrical, fire and safety codes. Neither Landlord nor its agents shall not be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the 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 indemnify, defend and hold Landlord harmless from and against any and all liability, damages (including but not be entitled limited to personal injury, death, or property damages), costs, expenses, and attorneys' fees incurred by Landlord arising from any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for Dish related cause whatsoever, including those arising from the conduct or safety of any of Tenant's representativesinstallation, repairuse, maintenance and engineering personnel while in removal thereof, except for that caused by the sole and direct gross negligence of Landlord.
G. If Tenant fails to comply with the terms stated herein, or on any part if removal of the Dish is required by any governmental authority having jurisdiction thereof, this provision may be terminated by Landlord upon thirty (30) days prior written notice to Tenant specifying the reason for such termination unless such shorter time is required by such governmental authority.
H. Tenant's right to install, maintain and use such Dish shall be subject to the rights of any and all existing Tenants in the Building or that have previously been granted the Roof Spaceright to install and maintain their Dish by the Landlord on the roof of the Building. Such rights granted other tenants in the Building prior to this right shall not serve to prohibit Tenant from installing a Dish on the roof of the Building.
Appears in 1 contract
SATELLITE DISH. A. Tenant shall have the right right, for the term of the Lease to lease use space on the roof of the Building building for the purpose of installing (in accordance with Section IX.C of the Lease)installing, operating and maintaining a 36 inch dish/antenna or other communication device not exceeding thirty-six (36) inches in diameter (the Dish/antenna) approved by the Landlord (the "Dish/Antenna")Landlord. The exact location of the space on the roof to be leased by Tenant shall be designated by Landlord and shall not exceed 9 fifty (50) square feet (the "Roof Space"). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Lease Term. Landlord's designation shall take into account Tenant's use of the Dish/Antenna. Notwithstanding the foregoing, Tenant's right to install the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the "Plans and Specifications") shall be submitted to Landlord for Landlord's written approval no later than 20 days before Tenant commences to install the Dish/Antennaantenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, operating maintaining and removing the Dish/Antennaantenna. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or other tenants of the building. Tenant shall notify Landlord upon completion of comply with all Laws relating to the installation installation, maintenance and use of the Dish/Antennaantenna. If Landlord determines does not represent or warrant that such Laws will permit 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 defectsantenna. 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").
B. Landlord agrees that Tenant, upon reasonable prior written notice to Landlord, Landlord shall have access to the roof of the Building building and the Roof Space for the purpose of installing, maintaining, repairing and removing the Dish/Antenna, the appurtenances and the Aesthetic Screening, if anyantenna, all of which shall be performed by Tenant or Tenant's authorized representative representatives 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 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.
C. 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, is not permitted to 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 Buildingbuilding, which may be caused by Tenant or any of its agents agents, representatives or representatives.
D. contractors. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants shall have the use of the Project. 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 Roof Space for the Dish/Antenna from antenna needed to service exclusively the Premises in this Lease. Tenant shall not allow any provider of telecommunication, video or data or related services to locate any equipment on the roof of the building or in the Roof Space.
E. Space for any purpose whatsoever, nor may the Tenant shall, at its sole cost use the Roof Space and expense, and at its sole risk, install, operate and maintain the or 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 antenna to provide services to another occupant or hereafter promulgated, licensee of the Federal Government, including, without limitation, the Federal Communications Commission (the "FCC"), the Federal Aviation Administration ("FAA") Building 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 respectsother building. The Dish/Antenna antenna shall remain the personal property of the Tenant and shall be connected to Landlordremoved along with any wiring and component parts by Tenant at its own expense at the expiration or earlier termination of this Lease or Tenant's power supply in strict compliance with all applicable Building, electrical, fire and safety codesright of possession hereunder. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the 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 repair any rental abatement for any damages caused by such stoppage or shortage of electrical power. Neither Landlord nor its agents 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 Building or the Roof Spaceremoval.
Appears in 1 contract
SATELLITE DISH. A. Tenant shall have the right Subject to lease space on the roof of the Building for the purpose of installing (in accordance with Section IX.C of the Lease)approval by applicable governmental -------------- authorities, operating Lessor hereby grants to Lessee and maintaining a 36 inch dish/antenna or other communication device approved by the Landlord (the "Dish/Antenna"). The exact location of the space on the roof to be leased by Tenant shall be designated by Landlord its agents and shall not exceed 9 square feet (the "Roof Space"). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term. Landlord's designation shall take into account Tenant's use of the Dish/Antenna. Notwithstanding the foregoing, Tenant's right to install the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the "Plans and Specifications") shall be submitted to Landlord for Landlord's written approval no later than 20 days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord determines that the Dish/Antenna equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its sole discretion, deems it necessary, Tenant shall provide and installcontractors, at TenantLessee's sole cost and expense, appropriate aesthetic screeningthe right to install, reasonably satisfactory to Landlord, for the Dish/Antenna maintain and operate a mast mounted satellite dish antenna (the "Aesthetic ScreeningDish").
B. Landlord agrees ) and related equipment, including cables from the exterior of the Leased Premises to equipment inside the Leased Premises, necessary for the operation of the Dish. Lessee may locate the Dish at or relocate the Dish to some other location on or about the Leased Premises or the Building roof for purposes of adequate reception subject to applicable law, codes and regulations. Lessee will ensure that Tenantthe Dish, upon reasonable prior written notice and each part of it, will be installed in accordance with local and building rules of construction and occupancy codes and shall repair all damage to Landlord, shall have access the Leased Premises (including but not limited to the roof of the Building and the Roof Space for the purpose Leased Premises) caused as a result 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 TenantLessee'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.
C. It is further understood and agreed that the installation, maintenance, operation and removal installation of the Dish/Antenna. The Dish is and shall remain the property of Lessee or Lessee's assignee, transferee or sublessee, and Lessor and Lessee agree that the appurtenances Dish is not, and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof, or interfere with the use installation of the Building and roof Dish at the Leased Premises shall not cause the Dish to become, a fixture pursuant to this Lease or by Landlordoperation of law. Tenant agrees to Lessee shall be responsible for any damage caused to the roof repair and maintenance of the Dish during the term of this Lease (or any other part of the Building, which may be caused by Tenant or any of its agents or representatives.
D. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Project. 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.
E. Tenant shallextended term), at its sole cost and expense, and at its sole risk, install, operate upon the termination of this Lease shall remove said Dish and maintain repair damage to 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, roof of the Federal Government, including, without limitation, the Federal Communications Commission (the "FCC"), the Federal Aviation Administration ("FAA") or any successor agency Leased Premises caused solely as a result of either the FCC or FAA having jurisdiction over radio or telecommunications, such removal. Any roof penetrations caused by Lessee shall not invalidate roof warranties; and roof penetrations shall be performed by Lessor's contractor at Lessee's expense if required in order to preserve roof warranties. The location and screening 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 Dish shall be connected to Landlord's power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished subject to the Dish/Antenna or the Roof Space because of any act, omission or requirement rights of the public utility serving architectural control committee established in 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 stoppage or shortage of electrical power. Neither Landlord nor its agents 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 Building or the Roof SpaceDeclaration.
Appears in 1 contract
SATELLITE DISH. A. Provided Tenant has received the necessary approvals and permits from the City of Waltham, Massachusetts and any other applicable governmental or regulatory entity with jurisdiction and provided the installation complies with the structural limitations of the Building (including, but not limited to the roof warranty), Tenant shall be permitted to install a satellite dish, microwave, antenna or other communications equipment ("Communication Equipment") on the roof of the Building. Tenant shall promptly repair any damage caused by the installation, use, maintenance or removal of such Communication Equipment and shall indemnify and hold harmless from and against any loss, cost, liability or expense associated with Tenant's installation, use, maintenance or removal of such Communication Equipment including without limitation, any loss, cost, liability or expense associated with the breach or voiding of Landlord's roof warranty. All roof penetrations shall be performed by a certified roofing contractor reasonably acceptable to Landlord. Upon the termination of this Lease, Tenant shall, at Tenant cost and expense, remove such Communication Equipment and Tenant shall have the right at any time during the term of this Lease to lease space on remove the roof Communication Equipment at Tenant's cost and expense, and in connection with any such removal, Tenant shall repair any damage caused of any kind or nature to the Building for and any parts hereof by such removal. Landlord shall dictate the purpose of installing (in accordance with Section IX.C of the Lease), operating and maintaining a 36 inch dish/antenna or other communication device approved by the Landlord (the "Dish/Antenna"). The exact location of the space on Communication Equipment, provided that such location does not diminish Tenant's ability to receive and transmit the roof to be leased by Tenant appropriate signals. The Communication Equipment shall be designated by Landlord and shall not exceed 9 square feet (the "Roof Space"). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term. Landlord's designation shall take into account Tenant's use of the Dish/Antenna. Notwithstanding the foregoing, Tenant's right to install the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the "Plans and Specifications") shall be submitted to Landlord for Landlord's written approval no later than 20 days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord determines that the Dish/Antenna equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its sole discretion, deems it necessary, Tenant shall provide and installproperly screened, at Tenant's sole cost and expense, appropriate aesthetic screening, reasonably satisfactory in accordance with applicable legal requirements. The provisions of this Section 16.13 shall also apply to Landlord, for the Dish/Antenna (the "Aesthetic Screening").
B. 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.
C. It is further understood and agreed that the installation, maintenanceuse, operation and maintenance or removal of the Dish/Antennaheating, the appurtenances ventilation and the Aesthetic Screening, if any, is not permitted to 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 air conditioning equipment installed by Tenant or any of its agents or representativeson the roof.
D. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Project. 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.
E. 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 connected to Landlord's power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the 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 stoppage or shortage of electrical power. Neither Landlord nor its agents 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 Building or the Roof Space.
Appears in 1 contract
SATELLITE DISH. A. Provided that Tenant shall have first obtains Landlord’s written approval, Tenant may, at its sole cost and expense, but under Landlord’s supervision, install, maintain and from time to time replace a satellite dish or antennae for Tenant’s internal corporate use only, together with a connection to the right Premises (such dish or antennae, together with any lines, wires, conduits or related improvements installed by Tenant in connection therewith, are collectively referred to lease space as the “Dish”), with a non-penetrating base on the roof of the Building for the purpose of installing (Building, in accordance with Section IX.C specifications reasonably approved in advance by Landlord, provided that (a) Tenant shall obtain Landlord’s prior approval of the Lease), operating and maintaining a 36 inch dish/antenna or other communication device approved by the Landlord (the "Dish/Antenna"). The exact proposed location of the space on Dish and the roof to be leased by Tenant shall be designated by Landlord and shall not exceed 9 square feet (method for fastening the "Roof Space"). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term. Landlord's designation shall take into account Tenant's use of the Dish/Antenna. Notwithstanding the foregoing, Tenant's right to install the Dish/Antenna shall be subject Dish to the approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Dish/Antennaroof, 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"b) shall be submitted to Landlord for Landlord's written approval no later than 20 days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord determines that the Dish/Antenna equipment does not comply with the approved Plans and Specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its sole discretion, deems it necessary, Tenant shall provide and install, at Tenant's sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Dish/Antenna (the "Aesthetic Screening").
B. 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.
C. 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, is not permitted to 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.
D. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Project. 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.
E. Tenant shall, at its sole cost and expense, comply with all governmental requirements, the conditions of any bond, warranty or insurance maintained by Landlord on the roof and any applicable requirements of any covenants, conditions and restrictions affecting the Property, (c) Tenant shall not interfere with any other satellite dish or antennae or communication equipment on the roof, and (d) the Dish is within the roof screen walls so as not to be visible from the exterior of the Building. Tenant shall repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Dish. The Dish shall remain the property of Tenant, and Tenant may, at its sole riskcost and expense, installremove the Dish at any time during the Term. Tenant shall, operate at its sole cost and maintain expense, remove the Dish prior to the expiration of the Term or sooner termination of the Lease. On removal of the Dish/Antenna , Tenant shall repair and restore the area(s) of the Building concerned to their condition prior to the installation of the Dish. If Tenant is in a good default under the Lease beyond any applicable cure period, Landlord may, at Tenant’s sole cost and workmanlike mannerexpense, remove the Dish and repair and restore the area(s) of the Building concerned to their condition prior to the installation of the Dish, and Tenant shall promptly reimburse Landlord for all costs and expenses incurred by Landlord in compliance connection with all Buildingsuch removal, electric, communication, repair and safety codes, ordinances, standards, regulations restoration and requirements, now in effect or hereafter promulgated, any storage of the Federal GovernmentDish. Tenant shall indemnify, defend and hold harmless Landlord from and against all claims, liabilities, losses, damages, costs and expenses including, without limitation, the Federal Communications Commission (the "FCC")attorneys’ fees and costs, the Federal Aviation Administration ("FAA") incurred by or any successor agency asserted against Landlord and arising out of either the FCC Tenant’s installation, maintenance, replacement, use or FAA having jurisdiction over radio or telecommunications, and removal 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 connected to Landlord's power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the 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 stoppage or shortage of electrical power. Neither Landlord nor its agents 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 Building or the Roof Space.
Appears in 1 contract
SATELLITE DISH. A. Notwithstanding anything contained herein to the contrary, Tenant shall have be permitted a license, to continue co-terminus with the right duration of this Lease, terminable only upon a termination or other expiration of this Lease, to lease space install a satellite dish subject to the following terms and conditions:
(a) Subject to Tenant obtaining and maintaining all required governmental approvals, Tenant shall be permitted to install a disc shaped electronic satellite antenna having a diameter of not greater than 2 feet (the "DISC"), within an entirely enclosed screen wall, satisfactory to Landlord, at a location on the roof over any of the Premises as Landlord shall reasonably designate and otherwise subject to the following terms and conditions (the "DISC INSTALLATION"). All roof penetrations and roof repairs shall be performed by a duly licensed and bonded roofer approved in writing by Landlord. The screen wall shall completely shield the Disc from view except from a vantage point directly above same.
(b) Except as otherwise provided herein, all provisions of the Lease shall be deemed applicable to the Disc Installation. Tenant shall submit to Landlord, for Landlord's prior written approval, which approval Landlord shall not unreasonably withhold, complete plans and specifications for the Disc and Disc Installation within ninety (90) days following execution and delivery of this Lease. Tenant shall be responsible in determining the sufficiency of the roof structure to support the live and static load of the Disc and screen wall. Tenant shall install the Disc without voiding Landlord's roofing bond. If required by Landlord, Tenant shall at its own cost and expense install catwalks to the location of the Disc. Within a period of ninety (90) days after Landlord has given its approval of Tenant's aforesaid plans and specifications, Tenant shall complete the Disc Installation.
(c) Upon reasonable notice to Landlord, Tenant shall be permitted access to the Disc and the roof of the Building for Premises, subsequent to the purpose of installing (in accordance with Section IX.C Disc Installation and during the term of the Lease), operating and maintaining a 36 inch dish/antenna or other communication device approved by as necessary for the Landlord proper maintenance thereof.
(d) Prior to the "Dish/Antenna"). The exact location expiration (but not sooner termination) of the space on the roof to be leased by Lease, so long as Tenant is not in default, Tenant shall be designated by Landlord and shall not exceed 9 square feet (the "Roof Space"). Landlord reserves the right to relocate the Roof Space as reasonably necessary during the Term. Landlord's designation shall take into account Tenant's use of the Dish/Antenna. Notwithstanding the foregoing, Tenant's right to install the Dish/Antenna shall be subject to the approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached permitted access to the roof of the Building and Premises to remove the manner in which any cables are run to and from the Dish/Antenna. The precise specifications and a general description of the Dish/Antenna along with all documents Landlord reasonably requires to review the installation of the Dish/Antenna (the "Plans and Specifications") shall be submitted to Landlord for Landlord's written approval no later than 20 days before Tenant commences to install the Dish/Antenna. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installingDisc, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord determines provided 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 installTenant, at Tenant's sole cost and expense, appropriate aesthetic screening, reasonably satisfactory shall repair any damage related thereto and restore the roof to Landlord, for the Dish/Antenna (same condition as existed prior to the "Aesthetic Screening")Disc Installation.
B. Landlord agrees that Tenant, upon reasonable prior written notice to Landlord, shall have access to (e) Under no circumstances will Tenant permit the roof operation of the Building and Disc to interfere with or otherwise impede the Roof Space for operations of any other communications, electronic transmission or other similar systems operating in, to or from the purpose of installing, maintaining, repairing and removing the Dish/Antennabuilding, the appurtenances and common area, or the Aesthetic Screening, if any, all shopping center of which the building is a part and in the event operation of Tenant's Disc does so interfere with or otherwise impede any other communications, transmissions or system and Tenant fails to remove and xxxxx such interference or impedence, then Landlord shall be performed by Tenant or Tenant's authorized representative or contractors, which shall be approved by Landlordpermitted to remove the Disc, at Tenant's sole cost and risk. It is agreedexpense, however, that only authorized engineers, employees or properly authorized contractors as if the term of the Lease had expired.
(f) Under no circumstance shall Tenant use the Disc and Disc Installation for any purpose other than Tenant's ordinary business use in furtherance of Tenant, FCC inspectors, or persons 's Use as permitted 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.
C. 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, is not permitted to 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.
D. Tenant agrees to install only equipment of types and frequencies which will not cause unreasonable interference to Landlord or existing tenants of the Project. 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.
E. 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 sole benefit 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 connected to Landlord's power supply in strict compliance with all applicable Building, electrical, fire In clarification and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement not limitation of the public utility serving the Buildingimmediately preceding sentence, 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 "re-sell" or lease, sublease, license or otherwise permit use of all or any portion of the signals or bandwidth or other electromagnetic emissions from or to the Disc, by any other tenant in the building or other building(s) comprising the overall project of which the Premises are a part, including the shopping center or by any other party or person whatsoever (other than Tenant and its affiliated companies or internal divisions), provided, in case of a permitted assignment of the Lease or a permitted sublet of 100% of the Premises, the license herein granted to use the Disc may be entitled included in the assignment or sublet to any rental abatement for any such stoppage the same assignee or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability sublessee for the conduct duration of its term or safety sublet, as applicable, otherwise subject to all of any of Tenant's representatives, repair, maintenance these terms and engineering personnel while in or on any part of the Building or the Roof Spaceconditions.
Appears in 1 contract
Samples: Lease (Global Directmail Corp)
