Supplemental Equipment. a. Subject to the terms and conditions of this Lease and the specific terms and conditions of this Special Stipulation, effective as of the Effective Date, Tenant may, at its sole cost and expense, which expense may be applied using the Tenant Improvement Allowance to the extent available, erect, maintain, install and operate for the business purposes of Tenant during the Term of the Lease, as it may be extended, for Tenant’s exclusive use, mechanical, electrical, telecommunications, and other equipment in the Project, including on the roof of the buildings to the extent reasonably available, such as satellite dishes/antennas, generators, transformers, and supplemental HVAC equipment, and further including any of the equipment constructed or installed by Tenant pursuant to Schedule 1 of Exhibit F hereto (all such equipment collectively hereinafter referred to as the “Supplemental Equipment”), in each instance in locations specifically designated by Landlord in its reasonable discretion (said locations being herein referred to collectively as the “Equipment Space”), provided any locations for the equipment specified in Schedule 1 of Exhibit F shall be deemed as pre-designated locations by Landlord. Tenant’s use of such Equipment Space shall be free of any charges. Landlord shall not locate the Equipment Space in a location that would unreasonably cause interference with the normal use and operation of the Supplemental Equipment; provided, however, that nothing in the Lease shall restrict Landlord’s right to use portions of the Project or the Building in any manner; and provided, further, that Landlord reserves the right (without obligation) to relocate the Supplemental Equipment to alternate locations, with Tenant’s reasonable approval, at Landlord’s cost. Tenant agrees to provide Tenant’s “Equipment Plans and Specifications” (herein so called) for Landlord’s approval prior to installation of the Supplemental Equipment, or any portion thereof. Tenant agrees that the Equipment Plans and Specifications submitted to Landlord for the equipment specified in Schedule 1 of Exhibit F shall incorporate, and be in accordance with, the “Supplemental Equipment and Electrical Requirements” attached as Schedule 1 to this Exhibit F. The Supplemental Equipment shall be installed within the Equipment Space in accordance with the Equipment Plans and Specifications previously approved by Landlord in writing, which approval shall not be unreasonably withheld (and shall be subject to Section 4(e) of this Lease); provided, however, that without limiting the generality of the foregoing, Landlord shall not be deemed unreasonable for withholding approval of any installation that would damage the integrity of the Building or otherwise jeopardize the enforceability of any warranty benefitting Landlord, including, without limitation, Landlord’s roof warranty. Tenant shall not materially change, alter, modify or amend the Equipment Plans and Specifications for installation of the Supplemental Equipment or otherwise alter the installation and/or location of the Supplemental Equipment without the prior written consent of Landlord (which consent shall be subject to Section 4(e) of this Lease). Tenant’s rights and obligations with respect to the Equipment Space and the erection, existence, operation and maintenance of the Supplemental Equipment shall be subject to all the terms and conditions of the Lease, except as expressly provided to the contrary within this Paragraph. Tenant acknowledges and agrees that nothing contained herein or in the Lease shall be deemed to grant to Tenant any independent right of access to the Equipment Space. All access to the Equipment Space by Tenant shall be subject to reasonable controls and restrictions as Landlord may impose from time to time (which may include, if reasonably necessary for security purposes, a requirement that Landlord or its agents accompany Tenant when accessing certain Equipment Space). b. Landlord will reasonably cooperate with Tenant (provided that Landlord shall not be required to incur any cost or expend any funds) in connection with the installation of the Supplemental Equipment and the performance of any work required in connection therewith and submission of any plans and specifications with respect thereto or applications for permits necessary with respect thereto. In connection with any installation of the Supplemental Equipment, Tenant shall be entitled to rely reasonably upon information provided to Tenant by Landlord in connection therewith, but such reliance shall not relieve Tenant from its obligation to comply strictly with all requirements for protecting and preserving Landlord’s warranties relating to the Building or the parking facilities (including, without limitation, the roof of the Building). c. Provided Tenant has first obtained the prior written approval of Landlord and subject to such reasonable terms, conditions, directions, requirements and supervision as Landlord may impose or require, Tenant shall be entitled, in connection with the installation and use of the Supplemental Equipment, to run reasonable and necessary conduit (or its equivalent approved by Landlord) from each of the Supplemental Equipment in the Equipment Space to the Premises, in order to connect Tenant’s related equipment in the Premises to the Supplemental Equipment. Subject to Landlord’s reasonable rules, regulations and requirements, Landlord will agree to permit Tenant to traverse utilities through unconventional areas with Landlord’s reasonable approval if required to vertically install utilities; provided, however, that such areas shall be subject to any restrictions imposed under leases with other tenants and not include exposed Common Areas, the exterior of the Building, or any unreasonable areas within rentable areas in the Building. Tenant shall be required to pay the actual cost of any electricity, maintenance and operation costs required or incurred in connection with the Supplemental Equipment and said conduit and pipes and any related equipment and facilities, otherwise the use of such conduit and pipes shall be free of charge. Any electricity required in connection with the Supplemental Equipment shall be governed by the terms and provisions of Paragraph 8 of the Lease. d. Tenant shall at all times maintain the Supplemental Equipment and related facilities in good order and repair and Tenant shall be responsible for any and all costs and expense incurred in connection with such repairs to the Supplemental Equipment and such related facilities, including, without limitation, the installed conduit and pipes running from the Equipment Space to the Premises. Tenant shall, if applicable, keep and maintain in the Equipment Space a spill kit that meets or exceeds commercially reasonable standards relative to Tenant’s equipment at the Project. Tenant’s installation, repair, maintenance and operation of the Supplemental Equipment and all related facilities shall be subject to and performed in accordance with all terms and conditions of the Lease as well as all applicable governmental codes, laws, rules, regulations or ordinances in effect from time to time. Subject to Paragraph 8 of the Lease, Tenant shall further be responsible for any repairs to the Building and the Project necessitated by the installation or repair of the Supplemental Equipment and related facilities. If the installation, repair, replacement or removal of any Supplemental Equipment or related conduits, pipes or other equipment or facilities voids any of Landlord’s warranties, including, without limitation its roof warranty, Tenant shall assume all responsibility and costs with regard thereto to the extent such costs would have been covered by such warranty had it not been voided.
Appears in 2 contracts
Samples: Office Lease (SecureWorks Corp), Office Lease (SecureWorks Holding Corp)
Supplemental Equipment. a. Subject Portions of the Premises may be served by a supplemental air conditioning unit, hot water heater, or other equipment installed by or on behalf of Tenant, a supplemental air conditioning unit for the supply of cool air to a server room in the Premises, a supplemental hot water heater to serve the Tenant’s lunchroom sink, or other supplemental equipment may be installed for Tenant’s use at the Premises subject to the terms and conditions provisions of this Lease and the specific terms and conditions of this Special Stipulation(collectively, effective as of the Effective Date, Tenant may, at its sole cost and expense, which expense may be applied using the Tenant Improvement Allowance to the extent available, erect, maintain, install and operate for the business purposes of Tenant during the Term of the Lease, as it may be extended, for Tenant’s exclusive use, mechanical, electrical, telecommunications, and other equipment in the Project, including on the roof of the buildings to the extent reasonably available, such as satellite dishes/antennas, generators, transformers, and supplemental HVAC equipment, and further including any of the equipment constructed or installed by Tenant pursuant to Schedule 1 of Exhibit F hereto (all such equipment collectively hereinafter referred to as the “Supplemental Equipment”), in each instance in locations specifically designated by Landlord in its reasonable discretion (said locations being herein referred to collectively as the “Equipment Space”), provided any locations for the equipment specified in Schedule 1 of Exhibit F shall be deemed as pre-designated locations by Landlord. Tenant’s use of such Equipment Space shall be free of any charges. Landlord shall not locate the Equipment Space in a location that would unreasonably cause interference makes no representation or warranty with the normal use and operation of the Supplemental Equipment; provided, however, that nothing in the Lease shall restrict Landlord’s right respect to use portions of the Project or the Building in any manner; and provided, further, that Landlord reserves the right (without obligation) to relocate the Supplemental Equipment to alternate locations, with Tenant’s reasonable approval, at Landlord’s cost. Tenant agrees to provide Tenant’s “Equipment Plans and Specifications” (herein so called) for Landlord’s approval prior to installation of the Supplemental Equipment, including without limitation as to its condition or any portion thereofsuitability for Tenant’s uses. Tenant agrees that the Equipment Plans and Specifications submitted to Landlord for the equipment specified in Schedule 1 of Exhibit F shall incorporate, and be in accordance with, the “Supplemental Equipment and Electrical Requirements” attached as Schedule 1 to this Exhibit F. The Supplemental Equipment shall be installed within the Equipment Space in accordance with the Equipment Plans and Specifications previously approved by Landlord in writing, which approval shall not be unreasonably withheld (and shall be subject to Section 4(e) of this Lease); provided, however, that without Without limiting the generality of the foregoing, Landlord shall not be deemed unreasonable for withholding approval of any installation that would damage the integrity of the Building or otherwise jeopardize the enforceability of any warranty benefitting Landlord, including, without limitation, Landlord’s roof warranty. Tenant shall not materially change, alter, modify or amend the Equipment Plans and Specifications for installation of the Supplemental Equipment or otherwise alter the installation and/or location of the Supplemental Equipment without the prior written consent of Landlord (which consent shall be subject to Section 4(e) of this Lease). Tenant’s rights and obligations with respect to the Equipment Space and the erection, existence, operation and maintenance of the Supplemental Equipment shall be subject to all the terms and conditions of the Lease, except as expressly provided to the contrary within this Paragraph. Tenant acknowledges and agrees that nothing contained herein Landlord shall have no obligation or in the Lease shall be deemed liability with respect to grant to Tenant any independent right of access to the Equipment Space. All access to the Equipment Space by Supplemental Equipment, and Tenant shall be subject to reasonable controls and restrictions as Landlord may impose from time to time (which may include, if reasonably necessary solely responsible for security purposes, a requirement that Landlord or its agents accompany Tenant when accessing certain Equipment Space).
b. Landlord will reasonably cooperate with Tenant (provided that Landlord shall not be required to incur any cost or expend any funds) in connection with the installation of the all Supplemental Equipment and the performance of any work required in connection therewith and submission of any plans and specifications with respect thereto or applications for permits necessary with respect thereto. In connection with any installation of the Supplemental Equipment, Tenant shall be entitled to rely reasonably upon information provided to Tenant by Landlord in connection therewith, but such reliance shall not relieve Tenant from its obligation to comply strictly with all requirements for protecting and preserving Landlord’s warranties relating to the Building or the parking facilities (including, without limitation, for insurance, safety and maintenance) and for any costs incurred or damage to the roof of the Building).
c. Provided Tenant has first obtained the prior written approval of Landlord and subject to such reasonable terms, conditions, directions, requirements and supervision as Landlord may impose or require, Tenant shall be entitled, in connection with Building caused by the installation and use or operation of the Supplemental Equipment, to run reasonable and necessary conduit (or its equivalent approved by Landlord) from each of the Supplemental Equipment in the Equipment Space to the Premises, in order to connect Tenant’s related equipment in the Premises to the Supplemental Equipment. Subject to Landlord’s reasonable rules, regulations and requirements, Landlord will agree to permit Tenant to traverse utilities through unconventional areas with Landlord’s reasonable approval if required to vertically install utilities; provided, however, that such areas shall be subject to any restrictions imposed under leases with other tenants and not include exposed Common Areas, the exterior of the Building, or any unreasonable areas within rentable areas in the Building. Tenant shall be required obligated to pay the actual cost of any electricity, maintenance and operation costs required or incurred in connection contract with a third party to maintain the Supplemental Equipment and said conduit and pipes and any related equipment and facilitiesas per the manufacturer’s standard maintenance guidelines, otherwise the use of such conduit and pipes which third party shall be free reasonably approved by Landlord. Tenant shall pay the costs of charge. Any electricity required in connection with operating the Supplemental Equipment (including without limitation the cost of electricity and water) and shall be governed by reimburse the Landlord therefor as Additional Rent upon demand. If for any reason any Supplemental Equipment ceases to operate, needs maintenance or repair or is otherwise unavailable, then Landlord shall permit Tenant (without any obligation on the part of Tenant to do so) to maintain, repair or install a replacement for such Supplemental Equipment at Tenant’s sole cost and expense subject to all applicable terms and provisions of Paragraph 8 this Lease, including without limitation Section 5.9. At the expiration of the Lease.
d. Tenant shall at all times maintain the Term, such Supplemental Equipment shall remain in the Premises and related facilities in good order shall automatically become the property of Landlord, and repair and Tenant shall be responsible for any and all costs and expense incurred in connection with such repairs to the Supplemental Equipment and such related facilities, including, without limitation, the installed conduit and pipes running from the Equipment Space to the Premises. Tenant shall, if applicablerequested by Landlord, keep and maintain in the Equipment Space a spill kit that meets or exceeds commercially reasonable standards relative to Tenant’s equipment at the Project. Tenant’s installation, repair, maintenance and operation sign documentation confirming conveyance of the Supplemental Equipment and all related facilities shall be subject to and performed in accordance with all terms and conditions of the Lease as well as all applicable governmental codes, laws, rules, regulations or ordinances in effect from time to time. Subject to Paragraph 8 of the Lease, Tenant shall further be responsible for any repairs to the Building and the Project necessitated by the installation or repair of the Supplemental Equipment and related facilities. If the installation, repair, replacement or removal of any Supplemental Equipment or related conduits, pipes or other equipment or facilities voids any of Landlord’s warranties, including, without limitation its roof warranty, Tenant shall assume all responsibility and costs with regard thereto to the extent such costs would have been covered by such warranty had it not been voidedEquipment.
Appears in 1 contract
Samples: Lease Agreement (Pegasystems Inc)
Supplemental Equipment. a. Subject Tenant shall have the nonexclusive right, at Tenant's sole cost and expense, to install and maintain, at its sole expense certain supplemental equipment adjacent to the terms and conditions building which contains the Premises in accordance with the provisions of this Lease Article 54 and the specific terms and conditions other provisions of this Special StipulationLease. Such supplemental equipment shall be limited to an emergency generator with fuel tank, effective as an uninterruptible power supply system with batteries, a supplemental air conditioning system with condensing units, and one 6 foot diameter satellite dish for use in connection with Tenant's business operations, together with cables extending from such satellite dish to the Premises to be located on the roof of the Effective DateBuilding behind the parapet at a location reasonably designated by Landlord and reasonably approved by Tenant (collectively, the "Supplemental Equipment"). All such Supplemental Equipment shall be placed in a location reasonably approved by Landlord and Tenant. Tenant mayshall have sole responsibility and liability with respect to any Supplemental Equipment's compliance with: (i) any declaration of covenants conditions or restrictions applicable to the Building, (ii) the roof warranty and (iii) any law, regulation, ordinance or zoning imposed by any governmental body having authority over the Building. Tenant's inability to obtain such approvals shall not render this Lease void or voidable, and Landlord will not be liable to Tenant for any resultant loss or damage. Tenant's installation of any Supplemental Equipment shall comply with the provisions of Article 12 of this Lease. Supplemental Equipment shall be considered as part of the Premises and subject to all applicable terms of the Lease. The installation of Supplemental Equipment shall be by a contractor approved by Landlord and in accordance with plans and specifications approved by the Landlord and all applicable governmental authorities. Tenant shall be solely responsible for maintaining all insurance, licenses and permits for any Supplemental Equipment and its operation. Tenant, at its sole cost and expense, which expense may shall cause all Supplemental Equipment to be applied using screened from view by the Tenant Improvement Allowance to the extent available, erect, maintain, install public with screening processes and operate for the business purposes of Tenant during the Term of the Lease, as it may be extended, for Tenant’s exclusive use, mechanical, electrical, telecommunications, and other equipment in the Project, including on the roof of the buildings to the extent materials reasonably available, such as satellite dishes/antennas, generators, transformers, and supplemental HVAC equipment, and further including any of the equipment constructed or installed by Tenant pursuant to Schedule 1 of Exhibit F hereto (all such equipment collectively hereinafter referred to as the “Supplemental Equipment”), in each instance in locations specifically designated by Landlord in its reasonable discretion (said locations being herein referred to collectively as the “Equipment Space”), provided any locations for the equipment specified in Schedule 1 of Exhibit F shall be deemed as pre-designated locations approved by Landlord. Tenant’s use Tenant shall have the right at its sole risk and expenses of access to the Building rooftop in order to perform maintenance on any rooftop Supplemental Equipment ; provided that such Equipment Space shall access to the Building rooftop shall, except in the case of emergency, be free of any charges. upon prior written notice to Landlord and the Landlord shall not locate have the Equipment Space in right to have a location that would unreasonably cause interference with the normal use and operation representative present. Upon termination of the Lease for any reason, Tenant shall at Tenant's expense promptly remove all Supplemental Equipment; provided, however, that nothing in the Lease shall restrict Landlord’s right to use portions of the Project or Equipment and restore the Building in any manner; and provided, further, that Landlord reserves the right (without obligation) Premises to relocate the Supplemental Equipment to alternate locations, with Tenant’s reasonable approval, at Landlord’s cost. Tenant agrees to provide Tenant’s “Equipment Plans and Specifications” (herein so called) for Landlord’s approval their condition prior to the installation of the Supplemental Equipment, or any portion thereof. Tenant hereby agrees that to indemnify Landlord against any damage caused to the Equipment Plans and Specifications submitted Building including any damage to Landlord for the equipment specified other tenants in Schedule 1 of Exhibit F shall incorporate, and be in accordance with, the “Supplemental Equipment and Electrical Requirements” attached as Schedule 1 to this Exhibit F. The Supplemental Equipment shall be installed within the Equipment Space in accordance with the Equipment Plans and Specifications previously approved by Landlord in writing, which approval shall not be unreasonably withheld (and shall be subject to Section 4(e) of this Lease); provided, however, that without limiting the generality of the foregoing, Landlord shall not be deemed unreasonable for withholding approval of any installation that would damage the integrity of the Building or otherwise jeopardize the enforceability of any warranty benefitting Landlord, including, without limitation, Landlord’s roof warranty. Tenant shall not materially change, alter, modify or amend the Equipment Plans and Specifications for installation of the Supplemental Equipment or otherwise alter the installation and/or location of the Supplemental Equipment without the prior written consent of Landlord (which consent shall be subject to Section 4(e) of this Lease). Tenant’s rights and obligations with respect to the Equipment Space and the erection, existence, operation and maintenance of the Supplemental Equipment shall be subject to all the terms and conditions of the Lease, except as expressly provided to the contrary within this Paragraph. Tenant acknowledges and agrees that nothing contained herein or in the Lease shall be deemed to grant to Tenant any independent right of access to the Equipment Space. All access to the Equipment Space by Tenant shall be subject to reasonable controls and restrictions as Landlord may impose Common Area which result from time to time (which may include, if reasonably necessary for security purposes, a requirement that Landlord or its agents accompany Tenant when accessing certain Equipment Space).
b. Landlord will reasonably cooperate with Tenant (provided that Landlord shall not be required to incur any cost or expend any funds) in connection with the Tenant's installation of the Supplemental Equipment and the performance of any work required in connection therewith and submission of any plans and specifications with respect thereto or applications for permits necessary with respect thereto. In connection with any installation of the Supplemental Equipment, Tenant shall be entitled to rely reasonably upon information provided to Tenant by Landlord in connection therewith, but such reliance shall not relieve Tenant from its obligation to comply strictly with all requirements for protecting and preserving Landlord’s warranties relating to the Building or the parking facilities (including, without limitation, the roof of the Building).
c. Provided Tenant has first obtained the prior written approval of Landlord and subject to such reasonable terms, conditions, directions, requirements and supervision as Landlord may impose or require, Tenant shall be entitled, in connection with the installation and use of the Supplemental Equipment, to run reasonable and necessary conduit (or its equivalent approved by Landlord) from each of the Supplemental Equipment in the Equipment Space to the Premises, in order to connect Tenant’s related equipment in the Premises to the Supplemental Equipment. Subject to Landlord’s reasonable rules, regulations and requirements, Landlord will agree to permit Tenant to traverse utilities through unconventional areas with Landlord’s reasonable approval if required to vertically install utilities; provided, however, that such areas shall be subject to any restrictions imposed under leases with other tenants and not include exposed Common Areas, the exterior of the Building, or any unreasonable areas within rentable areas in the Building. Tenant shall be required to pay the actual cost of any electricity, maintenance and operation costs required or incurred in connection with the Supplemental Equipment and said conduit and pipes and any related equipment and facilities, otherwise the use of such conduit and pipes shall be free of charge. Any electricity required in connection with the Supplemental Equipment shall be governed by the terms and provisions of Paragraph 8 of the Lease.
d. Tenant shall at all times maintain the Supplemental Equipment and related facilities in good order and repair and Tenant shall be responsible for any and all costs and expense incurred in connection with such repairs to the Supplemental Equipment and such related facilities, including, without limitation, the installed conduit and pipes running from the Equipment Space to the Premises. Tenant shall, if applicable, keep and maintain in the Equipment Space a spill kit that meets or exceeds commercially reasonable standards relative to Tenant’s equipment at the Project. Tenant’s installation, repair, maintenance and operation of the Supplemental Equipment and all related facilities shall be subject to and performed in accordance with all terms and conditions of the Lease as well as all applicable governmental codes, laws, rules, regulations or ordinances in effect from time to time. Subject to Paragraph 8 of the Lease, Tenant shall further be responsible for any repairs to the Building and the Project necessitated by the installation or repair of the Supplemental Equipment and related facilities. If the installation, repair, replacement or removal of any Supplemental Equipment or related conduits, pipes or other equipment or facilities voids any Equipment. This provision shall survive termination of Landlord’s warranties, including, without limitation its roof warranty, Tenant shall assume all responsibility and costs with regard thereto to the extent such costs would have been covered by such warranty had it not been voidedLease.
Appears in 1 contract
Supplemental Equipment. a. The parties acknowledge that the three (3) generators (the “Generators”), above-ground storage tanks (“ASTs”) and other equipment described and shown on Schedule 1 to this Exhibit E, in addition to all utility lines, transmission lines, cabling and conduit appurtenant thereto (collectively, the “Supplemental Equipment”) currently exist in the Common Areas pursuant to the Master Lease and are hereby deemed Tenant’s Property for all purposes under this Lease; in addition, Landlord acknowledges that the Supplemental Equipment and the areas occupied by the Supplemental Equipment are for the exclusive use and benefit of Tenant (except with respect to Supplemental Equipment located on the roof). Subject to all applicable governmental laws and regulations and subject to Tenant obtaining Landlord’s prior approval in accordance with the terms and conditions of this Lease Lease, Tenant shall have the right, at Tenant’s sole cost and expense, to continue to operate, maintain, repair and remove the specific terms Supplemental Equipment from time to time. Tenant shall not be obligated to pay any rental or other charges with respect to the areas occupied by the Supplemental Equipment or for the operation thereof other than utility charges and conditions of this Special Stipulation, effective as operating expenses allocable to Tenant in accordance with the provisions of the Effective DateLease, Tenant mayplus any additional expenses which Landlord incurs directly with respect to Supplemental Equipment in the parking areas and Common Areas of the Property, which additional expenses, if any, Landlord will xxxx directly to Tenant. Tenant, at its sole cost and expense, which expense may be applied using the Tenant Improvement Allowance to the extent available, erect, maintain, install and operate for the business purposes of Tenant during the Term of the Lease, as it may be extended, for Tenant’s exclusive use, mechanical, electrical, telecommunications, and other equipment in the Project, including on the roof of the buildings to the extent contractors reasonably available, such as satellite dishes/antennas, generators, transformers, and supplemental HVAC equipment, and further including any of the equipment constructed or installed by Tenant pursuant to Schedule 1 of Exhibit F hereto (all such equipment collectively hereinafter referred to as the “Supplemental Equipment”), in each instance in locations specifically designated by Landlord in its reasonable discretion (said locations being herein referred to collectively as the “Equipment Space”), provided any locations for the equipment specified in Schedule 1 of Exhibit F shall be deemed as pre-designated locations by Landlord. Tenant’s use of such Equipment Space shall be free of any charges. Landlord shall not locate the Equipment Space in a location that would unreasonably cause interference with the normal use and operation of the Supplemental Equipment; provided, however, that nothing in the Lease shall restrict Landlord’s right to use portions of the Project or the Building in any manner; and provided, further, that Landlord reserves the right (without obligation) to relocate the Supplemental Equipment to alternate locations, with Tenant’s reasonable approval, at Landlord’s cost. Tenant agrees to provide Tenant’s “Equipment Plans and Specifications” (herein so called) for Landlord’s approval prior to installation of the Supplemental Equipment, or any portion thereof. Tenant agrees that the Equipment Plans and Specifications submitted to Landlord for the equipment specified in Schedule 1 of Exhibit F shall incorporate, and be in accordance with, the “Supplemental Equipment and Electrical Requirements” attached as Schedule 1 to this Exhibit F. The Supplemental Equipment shall be installed within the Equipment Space in accordance with the Equipment Plans and Specifications previously approved by Landlord in writing, which approval shall not be unreasonably withheld (and shall be subject to Section 4(e) of this Lease); provided, however, that without limiting the generality of the foregoing, Landlord shall not be deemed unreasonable for withholding approval of any installation that would damage the integrity of the Building or otherwise jeopardize the enforceability of any warranty benefitting Landlord, including, without limitation, Landlord’s roof warranty. Tenant shall not materially change, alter, modify or amend the Equipment Plans and Specifications for installation of the Supplemental Equipment or otherwise alter the installation and/or location of the Supplemental Equipment without the prior written consent of Landlord (which consent shall be subject to Section 4(e) of this Lease). Tenant’s rights and obligations with respect to the Equipment Space and the erection, existence, operation and maintenance of the Supplemental Equipment shall be subject to all the terms and conditions of the Lease, except as expressly provided to the contrary within this Paragraph. Tenant acknowledges and agrees that nothing contained herein or in the Lease shall be deemed to grant to Tenant any independent right of access to the Equipment Space. All access to the Equipment Space by Tenant shall be subject to reasonable controls and restrictions as Landlord may impose from time to time (which may include, if reasonably necessary for security purposes, a requirement that Landlord or its agents accompany Tenant when accessing certain Equipment Space).
b. Landlord will reasonably cooperate with Tenant (provided that Landlord shall not be required to incur any cost or expend any funds) in connection with the installation of the Supplemental Equipment and the performance of any work required in connection therewith and submission of any plans and specifications with respect thereto or applications for permits necessary with respect thereto. In connection with any installation of the Supplemental Equipment, Tenant shall be entitled to rely reasonably upon information provided to Tenant by Landlord in connection therewith, but such reliance shall not relieve Tenant from its obligation to comply strictly with all requirements for protecting and preserving Landlord’s warranties relating to the Building or the parking facilities (including, without limitation, the roof of the Building).
c. Provided Tenant has first obtained the prior written approval of Landlord and subject to such reasonable terms, conditions, directions, requirements and supervision as Landlord may impose or require, Tenant shall be entitled, in connection with the installation and use of the Supplemental Equipment, to run reasonable and necessary conduit (or its equivalent approved by Landlord) from each of , shall maintain and repair the Supplemental Equipment in the Equipment Space to the Premises, in order to connect Tenant’s related equipment in the Premises to the Supplemental Equipment. Subject to Landlord’s reasonable rules, regulations and requirements, Landlord will agree to permit Tenant to traverse utilities through unconventional areas with Landlord’s reasonable approval if required to vertically install utilities; provided, however, that such areas shall be subject to any restrictions imposed under leases with other tenants and not include exposed Common Areas, the exterior of the Building, or any unreasonable areas within rentable areas in the Building. Tenant shall be required to pay the actual cost of any electricity, maintenance and operation costs required or incurred in connection with the Supplemental Equipment and said conduit and pipes and any related equipment and facilities, otherwise the use of such conduit and pipes shall be free of charge. Any electricity required in connection with the Supplemental Equipment shall be governed by the terms and provisions of Paragraph 8 of the Lease.
d. Tenant shall at all times maintain the Supplemental Equipment and related facilities in good order and repair and Tenant shall be responsible for any and all costs and expense incurred in connection with such repairs to the Supplemental Equipment and such related facilities, including, without limitation, the installed conduit and pipes running from the Equipment Space to the Premises. Tenant shall, if applicable, keep and maintain in the Equipment Space a spill kit that meets or exceeds commercially reasonable standards relative to Tenant’s equipment at the Project. Tenant’s installation, repair, maintenance and operation of the Supplemental Equipment and all related facilities shall be subject to and performed in accordance with applicable Laws, and shall provide Landlord with copies of all terms and conditions of the Lease as well as all applicable governmental codesservice agreements entered into by Tenant in conjunction therewith, laws, rules, regulations or ordinances in effect from time to time. Subject to Paragraph 8 of the Lease, Tenant shall further be responsible for any repairs to the Building and the Project necessitated upon request by the installation or repair of the Supplemental Equipment and related facilities. If the installation, repair, replacement or removal of any Supplemental Equipment or related conduits, pipes or other equipment or facilities voids any of Landlord’s warranties, including, without limitation its roof warranty, Tenant shall assume all responsibility and costs with regard thereto to the extent such costs would have been covered by such warranty had it not been voided.
Appears in 1 contract
Samples: Office Lease Agreement (KBS Growth & Income REIT, Inc.)