Common use of Telecommunications Equipment and Services Clause in Contracts

Telecommunications Equipment and Services. Unless otherwise restricted by Legal Requirements, Landlord shall have the non-exclusive right (but not the obligation), without payment of any fee to Tenant except as set forth in this Section 9.9, to provide telecommunications services (for itself or others) on the rooftop or inside the Property including, without limitation, telephone switching and information and communication services, (“Telecommunication Services”) to lessees of the MOB. Without implying that Landlord has any obligation to provide Telecommunication Services, Landlord may utilize the rooftop or inside of the Property to provide Telecommunication Services to other parts of the Campus. At least sixty (60) days prior to the installation of any equipment associated with providing such Telecommunications Services, Landlord shall deliver to Tenant written notice thereof, together with the name of the contractor performing such work, evidence of such contractor’s insurance reasonably acceptable to Tenant, plans and specifications and a description of the work to be performed, and the time periods and locations within the MOB to which Landlord and/or its contractor require access, all of which shall be subject to Tenant’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. All such installations and any required upgrades or modifications to the existing building systems, as well as any consultants’ fees necessary to assess the existing building systems’ capacities, shall be at Landlord’s sole cost and expense and shall be completed in a good and workmanlike manner and lien free condition. Landlord shall indemnify, defend and hold Tenant harmless from and against all loss, cost or damage caused by or as a result of bodily injury or property damage arising from the acts or omissions of Landlord or its contractor arising out of or suffered as a result of the installation of equipment of such Telecommunications Services. The indemnification obligations of this Section 9.9 shall survive termination of this Lease. Landlord shall retain title to all equipment, cabling and other personal property and fixtures located, as of the Effective Date and thereafter, in or upon the MOB and owned by Landlord and used by Landlord to provide the Telecommunication Services. In the event such equipment, cabling or other personal property or fixtures are no longer actively used by Landlord or Landlord’s designee and removal thereof is necessary or required, Landlord, at its election, shall promptly remove the same at its sole cost and expense. Subject to Tenant’s review and approval of plans and specifications as provided in this Section 9.9, Tenant shall provide Landlord and the licensees, contractors, agents and employees reasonable access to all parts of the MOB as shall be reasonably necessary for the installation, maintenance, repair and replacement of cabling and other equipment necessary for the provision of Telecommunication Services and, without the payment of any fee by Landlord, Tenant shall continue to make available to Landlord the telecommunication closets or similar space within the MOB which is currently utilized and occupied by such switching and other equipment used in the provision of Telecommunications Services as of the Lease Commencement Date and any additions to or replacements of such areas. Tenant shall not directly or indirectly, as for example, through an affiliate of Tenant, market Telecommunication Services to lessees of the MOB. Notwithstanding anything to the contrary in this Section 9.9, however, if Landlord is required to build a stand-alone room in order to accommodate Landlord’s equipment, or if Landlord’s requirements for such equipment exceeds that which is reserved for such purposes pursuant to the plans and specifications for the MOB, or if such equipment uses more than a de minimis amount of electricity or other utilities, Tenant will be permitted to charge Landlord for any such construction required to comply with this Section 9.9 and appropriate annual rent and utility expenses for such space and equipment on an equitable basis, provided such rent and utility expenses are identified to Landlord prior to its installation of any Telecommunications Services.

Telecommunications Equipment and Services. Unless otherwise restricted by Legal Requirementsagreement, statute or regulation, Landlord shall have the non-exclusive right (but not the obligation)right, without payment of any fee to Tenant except as set forth in this Section 9.9Tenant, to provide telecommunications services (for itself or others) on the rooftop or inside the Property includingprovide, without limitation, telephone switching and information and communication services, services (“Telecommunication Services”) to lessees Space Tenants of the MOB. Without implying that Landlord has any obligation MOB or to provide Telecommunication Services, Landlord may utilize the rooftop or inside of the Property to provide Telecommunication Services to other parts of otherwise serve operations on the Campus. At least sixty (60) days prior Landlord shall repair any damage to the installation of any equipment associated with providing such Telecommunications Services, Landlord shall deliver to Tenant written notice thereof, together with the name of the contractor performing such work, evidence of such contractor’s insurance reasonably acceptable to Tenant, plans and specifications and a description of the work to be performed, Premises and the time periods and locations within the MOB to which Landlord and/or its contractor require access, all of which shall be subject to Tenant’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. All such installations and any required upgrades or modifications to the existing building systems, as well as any consultants’ fees necessary to assess the existing building systems’ capacities, shall be at Improvements thereon caused by Landlord’s sole cost and expense and shall be completed in a good and workmanlike manner and lien free condition. Landlord shall indemnify, defend and hold Tenant harmless from and against all loss, cost or damage caused by or as a result exercise of bodily injury or property damage arising from the acts or omissions of Landlord or its contractor arising out of or suffered as a result of the installation of equipment of such Telecommunications Services. The indemnification obligations of this Section 9.9 shall survive termination of this Leaserights hereunder. Landlord shall retain title to all equipment, cabling cabling, antennae and other personal property and fixtures located, as of the Effective Date and thereafter, in or upon the MOB and owned by Landlord and used by Landlord whether to provide the Telecommunication Services. In the event such equipment, cabling Services or other personal property or fixtures are no longer actively otherwise used by Landlord or Landlord’s designee and removal thereof is necessary or required, Landlord, at its election, shall promptly remove in the same at its sole cost and expenseoperation of the Hospital and/or the Campus. Subject to Tenant’s review and approval of plans and specifications as provided in this Section 9.9, Tenant shall provide Landlord and the licensees, contractors, agents and employees reasonable access to all parts of the MOB as shall be reasonably necessary for the installation, maintenance, repair and replacement of cabling cabling, antennae, and other equipment necessary for the provision of Telecommunication Services and, without the payment of any fee by Landlord, Tenant shall continue to make available to Landlord the telecommunication closets or similar space within the MOB which is currently utilized and occupied by such switching and other equipment used in the provision of Telecommunications Services as of the Lease Commencement Date and any additions to or replacements of such areasServices. Tenant shall not directly or indirectly, as for example, through an affiliate Affiliate of Tenant, market Telecommunication Services to lessees Space Tenants of the MOB. Notwithstanding anything Incident to the contrary provision of Telecommunication Services, Landlord shall keep the Leasehold Estate of Tenant lien-free from any liens related to such Telecommunications Services or the exercise of rights by Landlord under this Section, and Landlord shall indemnify and hold Tenant harmless from and against all loss, cost and expense in this Section 9.9connection with any liens or claims of lien resulting from the installation, howevermaintenance, if Landlord is required to build a stand-alone room in order to accommodate Landlord’s equipment, or if Landlord’s requirements for such repair and replacement of cabling and other equipment exceeds that which is reserved for such purposes pursuant to the plans and specifications necessary for the MOB, or if such equipment uses more than a de minimis amount provision of electricity or other utilities, Tenant will be permitted to charge Landlord for any such construction required to comply with this Section 9.9 and appropriate annual rent and utility expenses for such space and equipment on an equitable basis, provided such rent and utility expenses are identified to Landlord prior to its installation of any Telecommunications Telecommunication Services.