SATELLITE DISHES. a. Provided that Tenant complies with all Governmental Laws, as defined in Section 16.11.A, above, Tenant shall have the non-exclusive right during the Lease Term (and the exclusive right during all periods in which Tenant or a Permitted Transferee leases one hundred percent (100%) of the Building), at its own cost and expense and subject to the terms hereof, to install, operate and maintain on the roof of the Building, up to three (3) microwave satellite dishes ("Dishes") for use exclusively by Tenant. Tenant shall be solely responsible for obtaining any necessary permits and licenses required to install and operate the Dishes. Copies of such permits and licenses shall be provided to Landlord. Tenant shall also be required, at Tenant's sole cost, to install screening surrounding the Dishes as may be reasonably required by Landlord. b. The size, location, design and manner of installation of the Dishes and all related wiring and screening shall be designated and approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. After obtaining written approval of Landlord, Tenant shall have reasonable access to the roof for installation, operation, maintenance and repair of the Dishes and shall have the right to install all reasonable wiring related thereto. However, unless otherwise approved by Landlord in writing, in no event shall Tenant be permitted to penetrate the roof membrane in connection with the installation or maintenance of the Dishes. c. Tenant represents and warrants that the installation and maintenance of the Dishes will not cause any damage to the structural portions of the Building. Tenant shall be responsible for repairing any such damages to the structure, or, at Landlord's option, Landlord shall repair any such damage at Tenant's sole cost and expense and Tenant shall immediately reimburse Landlord for said costs and expenses upon receipt of Landlord's invoice. d. Tenant shall install, operate and maintain the Dishes in accordance with Governmental Laws. Prior to installation of the Dishes, 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 all or any of the Dishes 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 shall repair all damage to the Building caused thereby. Notwithstanding the foregoing, Tenant agrees within ten (10) days after written notice from Landlord to remove the Dishes in the event any governmental entity or applicable law or regulation requires removal thereof. Such removal shall be in accordance with all of the terms and conditions set forth herein. If Tenant elects not to remove the Dishes from the Building, upon expiration or earlier termination of this Lease, or after expiration of the ten (10) day notice period provided herein, Landlord may deem the Dish(es) to have been abandoned by Tenant and they 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, except to the extent of Landlord's negligence or willful misconduct and only to the extent not covered by insurance required to be maintained by Landlord. g. Notwithstanding the grant of this right, Landlord 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, maintenance and repair of the Dishes in conjunction with the operation of its business. h. Tenant represents and warrants that it shall use the Dishes solely for its own use and not for any "resale", leasing or licensing use.
Appears in 6 contracts
Samples: Office Lease (Interactive Intelligence Group, Inc.), Office Lease (Interactive Intelligence Group, Inc.), Office Lease (Interactive Intelligence Group, Inc.)
SATELLITE DISHES. a. Provided that Tenant complies with all Governmental Laws, as defined in Section 16.11.A, above, Tenant shall have the non-exclusive right during the Lease Term (and the exclusive right during all periods in which Tenant or a Permitted Transferee leases one hundred percent (100%a) of the Building), at its own cost and expense and subject Subject to the terms hereofof this Section, to Tenant may install, operate or request Landlord to install at Tenant's expense and maintain risk, one or more antenna(e) or satellite communications dishes and appurtenant equipment (each, a "Satellite Dish") on the roof of the Building. A Satellite Dish may be installed by Tenant only for purposes incident to Tenant's use of the Premises, up to three (3) microwave satellite dishes ("Dishes") and not as a separate business or for use exclusively by third parties other than permitted subtenants.
(b) Tenant shall bear all of the cost and expense of designing, purchasing, installing, operating, maintaining, repairing, removing and replacing any Satellite Dish, and for repairing and restoring any damage to the Property or to Landlord's or any other tenant's property arising therefrom. No Satellite Dish shall be permitted if its installation will void or adversely affect any warranty of the roof or if its installation and/or operation would otherwise materially adversely affect the Building. Landlord may require that any Satellite Dish be installed at Tenant's expense by Landlord's contractors, or that Tenant utilize contractors approved by Landlord for such purpose. Provided that Landlord's personnel are available to escort Tenant and its contractors (except in an emergency, when no escort shall be required), Tenant and its contractors shall have access to the roof of the Building, subject to Article 17 below and Exhibit C hereof, for the foregoing purposes.
(c) Tenant shall be solely responsible for obtaining any necessary permits and licenses required to install and operate the Dishes. Copies of such permits and licenses shall be provided to Landlord. Tenant shall also be required, at Tenant's sole cost, to install screening surrounding the Dishes as may be reasonably required by Landlord.
b. The size, location, design and manner of installation of the Dishes and all related wiring governmental permits, approvals, licenses and screening shall be designated and approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. After obtaining written approval of Landlord, Tenant shall have reasonable access to the roof certificates necessary for installation, operation, maintenance and repair of the Dishes and shall have the right to install all reasonable wiring related thereto. However, unless otherwise approved by Landlord in writing, in no event shall Tenant be permitted to penetrate the roof membrane in connection with the installation or maintenance of the Dishes.
c. Tenant represents and warrants that the installation and maintenance operation of a Satellite Dish, and shall comply with all laws, statutes, ordinances, codes, rules and regulations, and insurance requirements relating thereto, including (without limitation) building and zoning codes. Without limiting Tenant's obligations under the preceding sentence, Tenant acknowledges that the permission of the Dishes will not cause United States Commission on Fine Arts is required for the installation of a Satellite Dish on the Building. Landlord shall cooperate with Tenant in such efforts. All expenses shall be borne by Tenant.
(d) No Satellite Dish shall be permitted if it interferes with transmissions to or from any damage to the structural portions of other satellite communications dish, antenna, other transmitting equipment, telecommunications system, or other computer or electronic equipment then on, in or near the Building. Tenant shall be responsible for repairing afforded a reasonable opportunity to avoid, ameliorate or cure any such damages to the structureinterference problem, or, at Landlord's option, but shall be solely liable for any damage incurred by a third party as a result of interference from any Satellite Dish. Landlord shall repair any such damage use reasonable efforts, at Tenant's sole cost and expense and expense, to prevent any third party who installs a Satellite Dish after Tenant shall immediately reimburse Landlord for said costs and expenses upon receipt of Landlord's invoicehas done so from interfering with transmissions to or from any previously-installed Satellite Dish used by Tenant.
d. Tenant (e) Each Satellite Dish shall install, operate and maintain the Dishes be installed in accordance with Governmental Laws. Prior to installation of the Dishes, Tenant shall, on behalf of the installer, provide Landlord with a certificate of insurance manner reasonably satisfactory to Landlord.
e. Tenant reserves the right to discontinue its use of all or any of the Dishes 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 acceptable to Landlord. Tenant shall be responsible for all costs of removal and shall repair all damage In addition to the Building caused thereby. Notwithstanding the foregoing, Tenant agrees within ten (10) days after written notice from Landlord to remove the Dishes in the event any governmental entity or applicable law or regulation requires removal thereof. Such removal shall be in accordance with all of the terms and conditions other factors set forth herein. If Tenant elects not to remove the Dishes from the Building, upon expiration or earlier termination of elsewhere in this Lease, or after expiration of the ten (10) day notice period provided hereinSection, Landlord may deem consider the Dish(es) to have been abandoned by Tenant quality of the proposed physical installation and they shall become its safety, and the property size, shape and appearance of Landlordeach Satellite Dish and its effect on the Building's appearance.
f. Any language in the Lease notwithstanding, Landlord shall not be liable and (f) Tenant shall indemnifypay Landlord, defend as additional rent, the sum of One Thousand Five Hundred Dollars ($1,500) per month per Satellite Dish, such amount to be increased at the commencement of each Lease Year by the rate of increase between the last CPI published before the date of this Lease and hold Landlord harmless the last CPI published before the start of the then-applicable Lease Year. As used herein, "CPI" means the Consumer Price Index for Washington, D.C.-Maryland-Virginia-West Virginia (November 1996 = 100) as published from and against any and all liabilitytime to time by the United States Bureau of Labor Statistics or, damages (including but not limited to personal injuryif such index is discontinued, death, or property damages), costs, expenses, and attorneys' fees incurred a comparable index selected by Landlord arising from any Dish related cause whatsoever, including those arising from the installation, use, maintenance in its reasonable discretion and removal thereof, except to the extent of Landlord's negligence or willful misconduct and only to the extent not covered by insurance required to be maintained by Landlord.
g. Notwithstanding the grant of this right, Landlord shall maintain control over the roof of the Building, and nothing herein an appropriate conversion factor shall be deemed Landlord's consent for Tenant used to use accommodate the roof for any other purpose than transition between the installation, operation, maintenance and repair of the Dishes in conjunction with the operation of its businesstwo indices.
h. Tenant represents and warrants that it shall use the Dishes solely for its own use and not for any "resale", leasing or licensing use.
Appears in 1 contract
Samples: Lease Agreement (Edutrek Int Inc)
SATELLITE DISHES. a. Provided that 53.1 Tenant complies with all Governmental Laws, as defined in Section 16.11.A, above, Tenant shall have the non-exclusive right during the Lease Term (and the exclusive right during all periods in which Tenant or a Permitted Transferee leases one hundred percent (100%) of the Building)may, at its own sole cost and expense expense, erect, maintain, install and subject to operate for the terms hereofbusiness purposes of Tenant during the term of the lease or any extension thereof, to install, operate and maintain a satellite transmittal/receiving dish antenna (the "Satellite Dish") on the roof of the Buildingbuilding, up to three provided that (3i) microwave satellite dishes Tenant shall comply with all applicable laws, orders and regulations, and the terms and conditions of this lease, as hereby amended, ("Dishes"ii) for use exclusively by Tenant. the installation thereof shall not cause excess structural stress affecting the load bearing capacity of the roof of the building, and (iii) Tenant shall be solely responsible for obtaining any necessary permits and licenses required all damage to the building caused by or arising out of the installation, maintenance or removal of the Satellite Dish. Tenant's right to install and operate the DishesSatellite Dish shall include the right to run cable lines to the leased premises. Copies of such permits and licenses Landlord hereby reserves the right to grant to other tenants the right to use the roof for similar purposes.
53.2 The Satellite Dish shall be provided installed on the roof of the building in accordance with plans, specifications and configurations submitted to Landlord. Tenant Landlord for review, and Landlord shall also be required, at Tenant's sole cost, have the right to install screening surrounding approve the Dishes as may be reasonably required by Landlord.
b. The size, location, design aesthetics and manner of installation of the Dishes and all related wiring and screening shall be designated and approved by LandlordSatellite Dish, which said approval shall not to be unreasonably withheld, conditioned withheld or delayed. After obtaining written approval In the event that any penetrations of the roof shall be required, the Tenant shall be required to utilize the services of the Landlord's roofing contractor in connection with such installation. Tenant shall promptly reimburse Landlord for all reasonable costs and expenses, incurred by Landlord in connection with the Satellite Dish. Tenant shall obtain any governmental licenses and/or permits now or hereafter required for the installation, operation, use, maintenance and removal of the Satellite Dish and related facilities.
53.3 Upon notice to Landlord, Tenant shall have reasonable be given access to such part of the roof for installation, operation, maintenance and repair of the Dishes building (the "Rooftop Space") for the limited purpose of exercising Tenant's rights with respect to the Satellite Dish, subject to reasonable controls and shall have the right to install all reasonable wiring related thereto. However, unless otherwise approved restrictions imposed by Landlord from time to time. Tenant agrees that the Satellite Dish will operate in writinga band to be used for broadcast and reception only, and may not be used in no event any fashion which would cause any interference to any data processing operation or any other antennae, radio systems or microwave dishes located at the building, and any such interference shall Tenant be permitted eliminated within a reasonable period of time not to penetrate the roof membrane in connection with the installation or maintenance exceed seventy-two (72) hours after notice of the Dishes.
c. Tenant represents and warrants that the installation and maintenance of the Dishes will not cause any damage same is given to the structural portions of the BuildingTenant. Tenant shall be responsible for repairing any such damages to the structure, or, at Landlord's option, Landlord shall repair any such damage at Tenant's sole cost and expense and Tenant shall immediately reimburse Landlord for said costs and expenses upon receipt of Landlord's invoice.
d. Tenant shall install, operate and all times maintain the Dishes Satellite Dish and related facilities in accordance with Governmental Lawsgood order and repair, and shall pay all costs therefor, including without limitation, the cost of electricity. Prior to installation Upon expiration or termination of the Dishesthis lease, Tenant shall, on behalf of the installerat its own expense, provide Landlord with a certificate of insurance reasonably satisfactory to Landlord.
e. Tenant reserves the right to discontinue its use of all or any of the Dishes 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 shall repair all damage to the Building caused thereby. Notwithstanding the foregoing, Tenant agrees within ten (10) days after written notice from Landlord to remove the Dishes in the event any governmental entity or applicable law or regulation requires removal thereof. Such removal shall be in accordance with all of the terms and conditions set forth herein. If Tenant elects not to applicable laws, remove the Dishes from Satellite Dish and all related conduits, cables and facilities installed on or in the Buildingbuilding and repair any damage caused by such removal to, upon expiration or earlier termination of this Leaseand restore, or after expiration of the ten (10) day notice period provided hereinRooftop Space, Landlord may deem the Dish(es) to have been abandoned by Tenant leased premises and they shall become the property of Landlordbuilding.
f. Any language in the Lease notwithstanding, Landlord shall not be liable and 53.4 Tenant shall agrees to indemnify, defend and hold Landlord save Landlord, its employees and its agents, other tenants, licensees, invitees and their beneficiaries harmless from and against any and all liabilitylosses, damages costs (including but not limited to personal injury, death, or property damages), costs, expenses, the cost of litigation and attorneys' fees incurred by Landlord fees), claims, penalties and liabilities of any nature whatsoever arising from any out of or in connection with the Satellite Dish and other facilities related cause whatsoever, including those arising from the installation, use, maintenance and removal thereof, except to the extent of Landlord's negligence or willful misconduct and only to the extent not covered by insurance required to be maintained by Landlord.
g. Notwithstanding the grant of this right, Landlord shall maintain control over the roof of the Buildingthereto, and nothing herein shall be deemed Landlord's consent for Tenant carry contractual liability insurance to use cover the roof for any other purpose than the installation, operation, maintenance and repair of the Dishes in conjunction with the operation of its businessliability hereby assumed.
h. Tenant represents and warrants that it shall use the Dishes solely for its own use and not for any "resale", leasing or licensing use.
Appears in 1 contract
Samples: Lease Agreement (Andrx Corp)
SATELLITE DISHES. a. Provided Landlord hereby covenants and agrees that Landlord shall not unreasonably withhold, delay or condition its consent to a proposal by Tenant complies with all Governmental Laws, as defined in Section 16.11.A, above, Tenant shall have the non-exclusive right during the Lease Term (and the exclusive right during all periods in which Tenant or a Permitted Transferee leases one hundred percent (100%) of the Building), at its own cost and expense and subject to the terms hereof, to install, operate maintain and maintain replace from time to time no more than two (2) mast mounted satellite dishes, microwave dishes, or similar antennae device and its related equipment, in locations designated by Landlord, the height and width of such devices to be reasonably acceptable to Landlord (hereinafter, the “Satellite Dishes”) on the roof of the Building, up subject to three the following: (3a) microwave satellite dishes applicable governmental laws; ("Dishes"b) for use exclusively by Tenant. Tenant shall be solely responsible for obtaining the right of Landlord to supervise any necessary permits and licenses required to install and operate the Dishes. Copies of such permits and licenses shall be provided to roof penetrations; (c) Landlord. Tenant shall also be required, at Tenant's sole cost, to install screening surrounding the Dishes as may be reasonably required by Landlord.
b. The size, location, design and manner of installation ’s approval of the plans and specifications for the Satellite Dishes and all related wiring and screening shall be designated and approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. After obtaining written approval connecting cables from the roof of Landlord, Tenant shall have reasonable access the Building to the Premises; (d) compliance with the conditions of any roof for installation, operation, maintenance and repair of the Dishes and shall have the right to install all reasonable wiring related thereto. However, unless otherwise approved bond maintained by Landlord in writing, in no event shall Tenant be permitted to penetrate on the Premises; (e) the Satellite Dishes not being visible at street level; and (f) the Satellite Dishes not interfering with any then existing satellite dishes or other antenna on the roof membrane in connection with the installation or maintenance of the Dishes.
c. Tenant represents and warrants that the installation and maintenance of the Dishes will not cause any damage to the structural portions of the Building. Tenant shall be responsible for repairing the repair of any such damages damage to any portion of the structureBuilding caused by Tenant’s installation, oruse or removal of the Satellite Dishes. The Satellite Dishes shall remain the exclusive property of Tenant, at Landlord's option, Landlord shall repair any such damage at Tenant's sole cost and expense and Tenant shall immediately reimburse Landlord for said costs and expenses upon receipt of Landlord's invoice.
d. Tenant shall install, operate and maintain the Dishes in accordance with Governmental Laws. Prior to installation of the Dishes, Tenant shall, on behalf of the installer, provide Landlord with a certificate of insurance reasonably satisfactory to Landlord.
e. Tenant reserves have the right to discontinue its use of all or any of the Dishes remove same at any time prior to during the Term of the Lease so long as Tenant is not in Default under the Lease. Tenant shall remove the Satellite Dishes at the expiration of the Lease Term or earlier termination of the Lease or any renewal upon the early termination of Tenant’s right to occupy the Premises, at Tenant’s sole cost and expense. If, after the Satellite Dishes are installed, the Landlord, using reasonable business judgment, believes that the systems operation 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 infrastructure of removal and shall repair all damage to the Building caused thereby. Notwithstanding the foregoingis negatively affected, Tenant agrees shall, within ten (10) business days from the receipt of Landlord’s notice, correct the issue or remove the Satellite Dishes, at Tenant’s sole cost and expense. Furthermore, if after the Satellite Dishes are installed, the Landlord, using reasonable business judgment, believes that the aesthetic quality of the Building is negatively affected, Tenant shall, within ten (10) days after written from the receipt of Landlord’s notice from Landlord to remove the Dishes in the event any governmental entity requiring installation of a screen or applicable law or regulation requires removal thereof. Such removal shall be in accordance with all relocation of the terms Satellite Dishes, install screening around the Satellite Dishes or remove and conditions set forth hereinreinstall the Satellite Dishes to a more beneficial location designated by Landlord, at Tenant’s sole cost and expense. If Tenant elects not to remove the Dishes from the Building, upon expiration or earlier termination of this Lease, or after expiration of the ten (10) day notice period provided herein, Landlord may deem the Dish(es) to have been abandoned by Tenant and they shall become the property of Landlord.
f. Any language in the Lease notwithstanding, Landlord shall not use the Satellite Dishes to provide any services to the public at a profit and shall only be liable and entitled to use the Satellite Dishes for its own internal use. Tenant shall indemnifyprotect, defend defend, indemnify and hold harmless Landlord harmless from and against any and all liabilityclaims, damages damages, liabilities, costs or expenses of every kind and nature (including but not limited to personal injury, death, without limitation reasonable attorney’s fees) imposed upon or property damages), costs, expenses, and attorneys' fees incurred by or asserted against Landlord arising from any Dish related cause whatsoever, including those arising from the out of Tenant’s installation, usemaintenance, maintenance and use or removal thereof, except to of the extent Satellite Dishes. In the event Tenant installs more than two (2) Satellite Dishes with the consent of Landlord's negligence or willful misconduct , Tenant shall pay to Landlord as additional rent the sum of One Hundred Dollars ($100.00) per diameter foot of each additional Satellite Dish per month per satellite dish (the “Satellite Rent”). Landlord and only Tenant also acknowledge and agree that Tenant shall pay the Satellite Rent to Landlord in the extent not covered by insurance required to be maintained by Landlordsame manner as Rent is paid under the Lease.
g. Notwithstanding the grant of this right, Landlord 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, maintenance and repair of the Dishes in conjunction with the operation of its business.
h. Tenant represents and warrants that it shall use the Dishes solely for its own use and not for any "resale", leasing or licensing use.
Appears in 1 contract
SATELLITE DISHES. a. Provided that At Tenant's sole cost and expense, and subject to Tenant complies complying with any and all Governmental Lawsrules, as defined regulations, laws, ordinances, safety standards and statutes of any municipal, county, state or federal governmental or quasi-governmental agency or authority, Tenant may install, and once installed, modify, remove and replace from time to time, up to ten (10) satellite or microwave dishes or antenna (four of which shall not exceed eighteen (18) inches in Section 16.11.Adiameter and six (6) of which shall not exceed six (6) feet in diameter) (the "Rooftop Communication System") on the roof of the Building. The Rooftop Communication System shall be located on the roof area immediately above the Premises. No dish shall exceed 100 pounds in weight (inclusive of anchoring weights). The Rooftop Communication System shall be installed, aboveat Tenant's expense, by Tenant's in-house engineering staff, or by a contractor approved by Landlord, which contractor approval shall not be unreasonably withheld or delayed. There shall be no penetrations of the roof membrane, and Tenant shall take no action which may void Landlord's roof warranty. The Rooftop Communication System shall include the use of any Building shafts required to bring Tenant's data cables from the roof area to the Premises. Tenant shall have access to the non-exclusive right roof and Tenant's equipment relating to such Rooftop Communications System at all reasonable times throughout the Term. Tenant shall be responsible for procuring and shall provide Landlord with copies of whatever licenses, certifications or permits may be required for the use of such Rooftop Communication System or operation of any equipment served thereby, and shall fully indemnify and hold Landlord harmless from any and all causes of action resulting from Tenant's installation, maintenance, removal, use and operation of the Rooftop Communication System. Landlord makes no warranties whatsoever as to the permissibility of such Rooftop Communication System under applicable laws of fitness for use for a particular purpose or merchantability. Tenant shall not be obligated to pay rent or otherwise compensate Landlord with respect to the Rooftop Communication System. Notwithstanding the foregoing, in the event that at any time during the Lease Term (and the exclusive right during all periods in which Tenant or a Permitted Transferee leases one hundred percent (100%) of the Building)Lease Tenant's use and operation of the Rooftop Communication System shall result in any material interference with or disruption of the use and operation of the satellite communications systems or other operations of either or both of two other tenants at the Project - Xxxx South and/or Associated Industries - then, in such event, Tenant shall, at its own cost and expense and subject Tenant's expense, cause the Rooftop Communication System to the terms hereof, to install, operate and maintain be relocated elsewhere on the roof of the Building, up or, if such relocation elsewhere on the roof of the Building shall not correct the interference and/or disruption problem, to three (3) microwave satellite dishes ("Dishes") for use exclusively another Project building's rooftop or elsewhere at the Project. The determination of any such relocation area shall be made by TenantLandlord and Tenant jointly, each agreeing to act reasonably. In the event that the City of Boca Raton or any other applicable governmental authority shall at any time during the term of the Lease require the installation of any screening device respecting the Rooftop Communication System to shield its visibility, the design and aesthetics of same shall be subject to Landlord's consent, not to be unreasonably withheld or delayed. Tenant shall be solely responsible for obtaining any necessary permits and licenses required to install and operate the Dishes. Copies of such permits and licenses shall be provided to Landlord. Tenant shall also be requiredmaintain, at Tenant's sole cost, to install screening surrounding the Dishes as may be reasonably required by Landlord.
b. The size, location, design and manner of installation of the Dishes and all related wiring and screening shall be designated and approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. After obtaining written approval of Landlord, Tenant shall have reasonable access to the roof for installation, operation, maintenance and repair of the Dishes and shall have the right to install all reasonable wiring related thereto. However, unless otherwise approved by Landlord in writing, in no event shall Tenant be permitted to penetrate the roof membrane in connection with the installation or maintenance of the Dishes.
c. Tenant represents and warrants that the installation and maintenance of the Dishes will not cause any damage to the structural portions of the Building. Tenant shall be responsible for repairing any such damages to the structure, or, at Landlord's option, Landlord shall repair any such damage at Tenant's sole cost and expense expense, the Rooftop Communication System in good order and repair at all times. Tenant shall immediately reimburse Landlord for said costs and expenses upon receipt of Landlord's invoice.
d. Tenant shall installmay remove the Rooftop Communication System, operate and maintain at any time during the Dishes in accordance with Governmental Laws. Prior to installation Term of the DishesLease, upon fifteen (15) days' prior written notice to Landlord. Tenant covenants and agrees that, if requested by Landlord, Tenant shall, on behalf of the installerat Tenant's sole cost and expense, provide Landlord with a certificate of insurance reasonably satisfactory to Landlord.
e. Tenant reserves the right to discontinue its use of all remove any such Rooftop Communication System (a) at or any of the Dishes 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 shall repair all damage to the Building caused thereby. Notwithstanding the foregoing, Tenant agrees within ten (10) days after written notice from Landlord to remove the Dishes in the event any governmental entity or applicable law or regulation requires removal thereof. Such removal shall be in accordance with all of the terms and conditions set forth herein. If Tenant elects not to remove the Dishes from the Building, upon expiration or earlier termination of this Lease, or after expiration of the ten (10b) day notice period provided herein, Landlord may deem the Dish(es) to have been abandoned by Tenant and they shall become the property of Landlord.
f. Any language in the Lease notwithstandingevent Tenant violates the covenants contained in this Section beyond any applicable curative period. In the event the Rooftop Communication System is removed by Tenant, Landlord shall not be liable and Tenant shall indemnifysurrender the roof area to Landlord in good condition, defend except for ordinary wear and hold Landlord harmless from tear and against any damage by fire, casualty and all liability, damages (including but not limited to personal injury, death, or property damages), costs, expensesother elements, and attorneys' fees incurred by Landlord arising from any Dish related cause whatsoever, including those arising from the installation, use, maintenance and removal thereof, except to the extent of Landlord's negligence or willful misconduct and only to the extent not covered by insurance required to be maintained by of Landlord, its agents, employees and/or contractors.
g. Notwithstanding the grant of this right, Landlord 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, maintenance and repair of the Dishes in conjunction with the operation of its business.
h. Tenant represents and warrants that it shall use the Dishes solely for its own use and not for any "resale", leasing or licensing use.
Appears in 1 contract
Samples: Lease Agreement (Omega Research Inc)