Common use of SATELLITE DISH Clause in Contracts

SATELLITE DISH. Provided this Lease shall be in full force and effect and Tenant shall not then be in default hereunder beyond applicable notice and grace periods, Tenant may, at its sole cost and expense, install and operate during the Term up to one (1) satellite antenna receiving dish or terrestrial microwave antenna (hereinafter the "Satellite Antenna") on the roof of the Building at a location to be designated by Landlord, and reasonably acceptable to Tenant, in an area consisting of approximately 200 square feet, including any guy wires (hereinafter the "Installation Area"). The Installation of such Satellite Antenna shall be subject to the following: A. Tenant shall not install or operate the Satellite Antenna until it receives prior written approval from Landlord, which approval shall not be unreasonably withheld or delayed provided, and on the condition that Tenant submits plans and specifications for the installation of the Satellite Antenna, which plans and specifications prepared by an architect or engineer licensed in the State of New York and stamped and certified by such architect or engineer are reasonably acceptable to Landlord. Prior to commencing such installation, Tenant shall provide Landlord with (i) copies of all required governmental and quasi-governmental permits, licenses and authorizations which Tenant will obtain at its own expense and which Tenant will maintain at all times during the installation of the Satellite Antenna; and (ii) a certificate of insurance evidencing insurance coverage as required by this Lease and any other insurance reasonably required by Landlord for the installation and operation of the Satellite Antenna. Landlord may withhold approval if, in Landlord's sole judgment, the installation or operation of the Satellite Antenna may damage the structural integrity of the Building. B. Tenant warrants and represents that (i) Tenant shall repair any damage to the roof of the Building or otherwise caused by the installation or operation of the Satellite Antenna, (ii) the maintenance of the Satellite Antenna on the roof or the operation thereof shall not cause interference with any telecommunications, mechanical or other systems either located at or servicing the Building (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building) or located at or servicing any building, premises or location in the vicinity of the Building limited however to that permissible under applicable F.C.C. regulations to the extent that such regulations apply, and (iii) the installation, existence, maintenance and operation of the Satellite Antenna shall not constitute a violation of any applicable laws, ordinances, rules, orders, regulations, etc. of any Federal, State, county and municipal authorities having jurisdiction thereover. C. The installation of the Satellite Antenna shall be made subject to and in accordance with all of the provisions of this Lease (including without limitation, Article

SATELLITE DISH. Provided this Lease Notwithstanding the foregoing, in the event a multiple-user antenna and/or satellite system is installed or caused to be installed in the Center by Landlord, Tenant shall be permitted to utilize said system pursuant to separate agreement with Landlord and/or the vendor of such system and subject to all provisions regarding the use of such system us contained in such separate agreement. In the event such system is not made available for Tenant's use, Tenant shall be permitted to install a satellite dish (hereinafter "Dish ") at the Center, subject to the following terms, conditions and limitations: (a) Tenant shall provide sixty (60) days prior written notice of its intent to install the Dish, and shall provide plans and specifications for the location and installation of the Dish for Landlord's review and approval concurrently with such notice. Such plans shall be in full force accordance with Article XI, Exhibit "C", and effect Landlord's current design criteria and Tenant must conform to the reasonable requirements of Landlord's roofing consultant, in part, in order to protect Landlord's roof warranties; (b) The location of the Dish shall not then be in default hereunder beyond applicable notice and grace periods, Tenant may, at its sole cost and expense, install and operate during the Term up to one (1) satellite antenna receiving dish or terrestrial microwave antenna (hereinafter the "Satellite Antenna") on the roof of the Building at a Center or such other location to be designated by as Landlord, in its sole and reasonably acceptable to Tenantabsolute discretion, shall approve; provided that such location provides for the clear transmission of signals from the Dish, and in an no event shall such installation affect the structural integrity of the roof or any other area consisting where the Dish has been installed; (c) The installation and maintenance of approximately 200 square feetthe Dish, including any guy wires (hereinafter necessary structural support to the "Installation Area"). The Installation of such Satellite Antenna roof and/or screening shall be subject at Tenant's sole cost and expense; (d) The Dish shall be installed within the existing wall screen, if any; however, Landlord may require Tenant to further screen or otherwise shield the following:Dish from view by providing fencing, screening materials or landscaping satisfactory to Landlord; A. (e) Tenant shall procure and maintain (and Landlord shall cooperate) any approval(s) and/or permits required by any governmental authority having jurisdiction thereof and shall deliver evidence of same to Landlord prior to commencing installation. In the event the use or installation of the Dish is in violation of applicable law or any agreement of Landlord or the Center regarding the Center, Tenant shall not be permitted to use, install or operate maintain the Satellite Antenna until it receives prior written approval Dish and shall be required to remove the Dish from Landlord, which approval shall not be unreasonably withheld or delayed provided, and on the condition that Tenant submits plans and specifications for the installation of the Satellite Antenna, which plans and specifications prepared by an architect or engineer licensed in the State of New York and stamped and certified by such architect or engineer are reasonably acceptable to Landlord. Prior to commencing such installation, Tenant shall provide Landlord with Center; (if) copies of all required governmental and quasi-governmental permits, licenses and authorizations which Tenant will obtain at its own expense and which Tenant will maintain at all times during the installation of the Satellite Antenna; and (ii) a certificate of insurance evidencing insurance coverage as required by this Lease and any other insurance reasonably required by Landlord for the installation and operation of the Satellite Antenna. Landlord may withhold approval if, in LandlordTenant's sole judgment, the installation or operation of the Satellite Antenna may damage Dish shall in no way interfere with the structural integrity operation of any other transmission or receiving device at the Center; (g) Tenant shall give Landlord two (2) days prior notice of the Building.necessity to access the Dish for service, except in the case of an emergency, or such shorter period of time as Landlord may allow; B. (h) The Dish and related equipment shall remain the property of Tenant. Tenant warrants shall remove the Dish at the expiration or earlier termination of the Lease Term and represents that repair any damage occurring as a result thereof, at Tenant's sole cost and expense; and (i) Only one Dish will be permitted at the Center for the joint use of Tenant and Tenant's affiliates. Further, Tenant shall repair any damage not re-sell satellite dish services to the roof of the Building or otherwise caused by the installation or operation of the Satellite Antenna, (ii) the maintenance of the Satellite Antenna on the roof or the operation thereof shall not cause interference with any telecommunications, mechanical or other systems either located at or servicing the Building (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building) or located at or servicing any building, premises or location in the vicinity of the Building limited however to that permissible under applicable F.C.C. regulations to the extent that such regulations apply, and (iii) the installation, existence, maintenance and operation of the Satellite Antenna shall not constitute a violation of any applicable laws, ordinances, rules, orders, regulations, etc. of any Federal, State, county and municipal authorities having jurisdiction thereoverCenter. C. The installation of the Satellite Antenna shall be made subject to and in accordance with all of the provisions of this Lease (including without limitation, Article

SATELLITE DISH. Provided this Lease shall be in full force and effect and Tenant shall not then be in default hereunder beyond applicable notice and grace periods, Tenant may, at its sole cost and expense, install and operate during Concurrently with the Term up hereof, the Landlord grants to one (1) satellite antenna receiving dish or terrestrial microwave antenna (hereinafter the "Satellite Antenna") Tenant a licence to use a portion of the area located on the roof of the Building at a such location and in such dimension as may be agreed to by the Landlord and the Tenant, acting reasonably, for the Tenant to install, operate and maintain one (1) satellite dish for the purpose of conducting its business only (no third party revenue generating services shall be designated by Landlordpermitted through this satellite dish) and in accordance with all applicable Federal, Provincial and local by-laws, codes and regulations. Satellite dish means the original satellite receiving equipment, and reasonably acceptable any subsequent replacements only installed by the Tenant on the roof of the Building pursuant to Tenant, in an area consisting of approximately 200 square feet, including any guy wires (hereinafter the "Installation Area")this licence. The Installation of such Satellite Antenna shall Tenant will: (a) be subject responsible for all costs and expenses relating to the following: A. Tenant shall not install or operate installation and maintenance of the Satellite Antenna until it receives prior written approval from Landlord, which approval shall not be unreasonably withheld or delayed providedsatellite dish, and on any replacements with the condition Landlord's prior approval; (b) ensure that Tenant submits plans and specifications for the installation of the Satellite Antennadesign, which plans and specifications prepared by an architect or engineer licensed in the State of New York and stamped and certified by such architect or engineer are reasonably acceptable to Landlord. Prior to commencing such installationconstruction, Tenant shall provide Landlord with (i) copies of all required governmental and quasi-governmental permits, licenses and authorizations which Tenant will obtain at its own expense and which Tenant will maintain at all times during the installation of the Satellite Antenna; and (ii) a certificate of insurance evidencing insurance coverage as required by this Lease and any other insurance reasonably required by Landlord for the installation and operation of the Satellite Antenna. Landlord satellite dish conforms to all applicable Federal, Provincial and local by-laws, codes and regulations; (c) at all times maintain insurance coverage in connection with the satellite dish as part of the general policies of insurance placed in accordance with the provisions in this Lease relating to insurance and as may withhold approval if, reasonably required by the Landlord; (d) repair and maintain the satellite dish roof and associated areas in accordance with the same terms and conditions applicable to repair by the Tenant of its Tenant Improvements located within its Leased Premises; (e) not assign or sublet or share such satellite dish with any other tenants or third party; (f) execute the Landlord's sole judgment, standard form of Licence Agreement for the installation or operation license of the Satellite Antenna may damage the structural integrity of the Building. B. Tenant warrants and represents that (i) Tenant shall repair any damage satellite dish prior to the roof commencement of the Building or otherwise caused by the installation or operation construction of the Satellite Antenna, (ii) the maintenance of the Satellite Antenna on the roof or the operation thereof shall not cause interference with any telecommunications, mechanical or other systems either located at or servicing the Building (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building) or located at or servicing any building, premises or location in the vicinity of the Building limited however to that permissible under applicable F.C.C. regulations to the extent that such regulations apply, and (iii) the installation, existence, maintenance and operation of the Satellite Antenna shall not constitute a violation of any applicable laws, ordinances, rules, orders, regulations, etc. of any Federal, State, county and municipal authorities having jurisdiction thereover. C. The installation of the Satellite Antenna shall satellite dish; (g) there will be made subject to and no license fee or other charges associated with the grant of this license in accordance with all favour of the provisions Tenant. At the expiry or earlier termination of this Lease (including without limitationthe Lease, Articlethe Tenant will remove the satellite dish and repair damage caused by such removal and ensure the roof is in a first class condition in the area of the satellite dish.

SATELLITE DISH. Provided this Lease shall be in full force and effect and Tenant shall not then be in default hereunder beyond applicable notice and grace periods, Tenant may, at its sole cost and expenseexpense but without the payment of any fee or other charge to Landlord, install and operate (for Tenant’s or its Permitted Transferees’ use and not for use by other parties or “for profit” services provided for the benefit of third parties) during the Term up term of this Lease, a small (not to one exceed eighteen (118) inches in diameter) satellite antenna receiving dish or terrestrial microwave antenna (hereinafter the "“Satellite Antenna"Dish”) on the existing satellite rack on the roof of the Building at a location to be designated by Landlord, and reasonably acceptable to Tenant, in an area consisting of approximately 200 square feet, including any guy wires (hereinafter the "“Installation Area"”). The Installation installation of such Satellite Antenna Dish shall be subject to the following: A. (a) Tenant shall not install or operate the Satellite Antenna Dish until it receives prior written approval from LandlordLandlord with respect to such installation, which approval shall not be unreasonably withheld withheld, conditioned or delayed provideddelayed. Prior to commencing installation, and on the condition that Tenant submits shall provide Landlord with (1) detailed plans and specifications for the installation of the Satellite AntennaDish, which plans and specifications prepared by an architect or engineer licensed in the State of New York and stamped and certified by such architect or engineer are reasonably acceptable to Landlord. Prior to commencing such installation, Tenant shall provide Landlord with (i2) copies of all required governmental and quasi-governmental permits, licenses and authorizations authorizations, which Tenant will obtain at its own expense and which Tenant will maintain at all times during the operation of the Satellite Dish. The installation of the Satellite Antenna; and (ii) Dish will include the connection of the same via cabling to the Premises with no fee or other charge payable by Tenant. No installation will be permitted if Tenant has not provided Landlord with a certificate of insurance evidencing that Tenant has obtained and is maintaining the liability insurance coverage as required Tenant is obligated by this Lease to obtain and any other insurance reasonably required by Landlord for maintain during the installation and operation of the Satellite Antenna. Landlord may withhold approval if, in Landlord's sole judgment, the installation or operation of the Satellite Antenna may damage the structural integrity of the BuildingLease Term. B. Tenant warrants and represents that (ib) Tenant shall repair in a good and workmanlike manner any damage to the roof of the Building or otherwise caused by the installation or operation of the Satellite Antenna, (ii) Dish. Tenant will cause the maintenance of the Satellite Antenna Dish on the roof or the operation thereof shall to not cause interference with any telecommunications, mechanical or other systems either located at or servicing the Building (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building) or located at or servicing any building, premises or location in the vicinity of the Building limited however to that permissible under applicable F.C.C. regulations to the extent that such regulations apply, and (iii) . Tenant will cause the installation, existence, maintenance and operation of the Satellite Antenna shall not constitute a violation of any Dish to comply with all applicable laws, ordinances, rules, orders, regulations, etc. of any Federal, State, county and municipal authorities having jurisdiction thereover. C. (c) The contractors performing the installation of the Satellite Antenna Dish and/or performing any work on or to the roof or risers of the Building shall be made subject approved by Landlord prior to the commencement of any work, such approval to not be unreasonably withheld, conditioned or delayed. (d) Tenant covenants and in accordance with all agrees that the installation, operation and removal of the provisions Satellite Dish will be at its sole risk. Tenant agrees to indemnify and defend Landlord against all claims, actions, damages, liabilities and expenses including reasonable attorney’s fees and disbursements in connection with the loss of life, personal injury, damage to property or business or any other loss or injury or as a result of any litigation arising out of the installation, operation or removal of the Satellite Dish other than any removal by or on behalf of Landlord. (e) Landlord, at its sole option, may require Tenant, at any time prior to the Expiration Date, to terminate the operation of the Satellite Dish if it is causing physical damage to the structural exterior of the Building, interfering with any other service provided to other tenants in the Building, interfering with any other tenant’s business, in excess of that permissible under F.C.C. regulations to the extent that such regulations apply and such regulations shall not require such tenants or those providing such services to correct such interference. Notwithstanding the foregoing, if Tenant can correct the damage or disturbance caused by the Satellite Dish to Landlord’s reasonable satisfaction, Tenant may restore its operation. If the Satellite Dish is not corrected and restored to operation within thirty (30) days, Landlord, at its sole option, may require that Tenant remove the Satellite Dish at its own expense. (f) At the expiration or sooner termination of this Lease Lease, or upon termination of the operation of the Satellite Dish, or revocation of any license issued, Tenant shall remove the Satellite Dish (including without limitationand all associated wiring and other appurtenances) from the Building and repair and damage caused thereby, Articleat Tenant’s sole cost and expense. Tenant shall leave the Installation Area in the condition existing on the date of installation, reasonable wear and tear and damage due to fire or other catastrophic event excepted. If Tenant does not remove the Satellite Dish when so required, and such failure continues for more than ten (10) business days after delivery to Tenant of written notice thereof, Tenant hereby authorizes Landlord to remove and dispose of the Satellite Dish and to charge Tenant for all reasonable costs and expenses incurred.