Common use of Supplemental Equipment Clause in Contracts

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).

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, Tenant acknowledges and agrees that Landlord shall not have no obligation or liability with respect to any Supplemental Equipment, and Tenant shall be deemed unreasonable solely responsible for withholding approval of any installation that would damage the integrity of the Building or otherwise jeopardize the enforceability of any warranty benefitting Landlord, all Supplemental Equipment (including, without limitation, Landlord’s roof warrantyfor insurance, safety and maintenance) and for any costs incurred or damage to the Building caused by the installation or operation of the Supplemental Equipment. Tenant shall not materially changebe obligated to contract with a third party to maintain the Supplemental Equipment as per the manufacturer’s standard maintenance guidelines, alterwhich third party shall be reasonably approved by Landlord. Tenant shall pay the costs of operating the Supplemental Equipment (including without limitation the cost of electricity and water) and shall reimburse the Landlord therefor as Additional Rent upon demand. If for any reason any Supplemental Equipment ceases to operate, modify needs maintenance or amend 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 Plans at Tenant’s sole cost and Specifications for installation expense subject to all applicable terms and provisions of this Lease, including without limitation Section 5.9. At the expiration of the Term, such Supplemental Equipment shall remain in the Premises and shall automatically become the property of Landlord, and Tenant shall, if requested by Landlord, sign documentation confirming conveyance 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)Equipment.

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 to the enforceability Common Area which result from Tenant's installation or removal of any warranty benefitting Landlord, including, without limitation, Landlord’s roof warrantySupplemental Equipment. Tenant This provision 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 survive termination 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).