Common use of Telecommunications Equipment Clause in Contracts

Telecommunications Equipment. Tenant shall have the right to utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s sole cost and expense) certain personal property infrastructure of Tenant’s which services Tenant’s critical systems, including the right to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Tenant will always have the right, at all times, to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Building, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s sole cost and expense. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere in the Building, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecure, Landlord shall coordinate access to the areas where such equipment is located with Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases the entire Building, Landlord will request Tenant’s prior approval (which approval shall not be unreasonably withheld, conditioned or delayed) of any work activity in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser space.

Appears in 2 contracts

Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.), Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)

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Telecommunications Equipment. At any time during the Lease Term, subject to the terms of this Lease, including this Article 21, Tenant shall have the right to utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to may install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s sole cost and expense, up to two (2) certain personal property infrastructure satellite dishes, satellite antennae or comparable equipment which shall not exceed 36 inches in diameter or 48 inches in height for each dish or antenna (collectively, the “Telecommunications Equipment”) upon the roof of the Building penthouse. Tenant’s which services Tenant’s critical systems, including the right to secure its data equipment therein with either cage or cabinet. In addition, throughout utilize the Term Tenant will always have roof of the right, at all times, Building penthouse pursuant to the exclusive use terms hereof shall be non-exclusive. The physical appearance and all specifications of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Building, provided that Tenant Telecommunications Equipment shall be solely responsible for subject to Landlord’s reasonable approval, the repairs, maintenancelocation of any such installation of the Telecommunications Equipment shall be designated by Landlord, and replacement of the same Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall be responsible, at Tenant’s sole cost and expense, for (i) obtaining all permits or other governmental approvals required in connection with the Telecommunications Equipment, (ii) repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Laws, and (iii) prior to the expiration or earlier termination of this Lease, removal of the Telecommunications Equipment and all associated wiring (and the restoration of all affected areas to the condition existing prior to the installation thereof). In no event shall Tenant permit the Telecommunications Equipment to interfere with the systems of the Building or the Project or any other communications equipment at or servicing the Building or Project. Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with or arising from any cause related to Tenant’s installation, use, repair or maintenance relating to or in connection with the Telecommunications Equipment. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere in elects to exercise its right to install the BuildingTelecommunication Equipment, at Tenant’s option then Tenant may shall give Landlord prior notice thereof. Tenant shall pay a monthly fee equal to $750 for each piece of Telecommunications Equipment installed by Tenant (the “Telecommunications Fee”) for use commercially reasonable efforts to secure such equipment and/or cablingof each of the Telecommunications Equipment, which Telecommunications Fee shall be increased by three percent (3%) on an annual basis effective as of the first anniversary of the Lease Commencement Date. During any period In connection with the foregoing, Tenant hereby acknowledges and agrees that the Telecommunications Fee shall be increased on each anniversary of time as such equipment and/or cabling remains unsecure, Landlord shall coordinate access the Lease Commencement Date pursuant to the areas where such equipment is located with preceding sentence and not on the date upon which Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases installs the entire Building, Landlord will request Tenant’s prior approval (which approval shall not be unreasonably withheld, conditioned or delayed) of any work activity in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser spaceapplicable Telecommunications Equipment.

Appears in 2 contracts

Samples: Office Lease (Apptio Inc), Office Lease (Apptio Inc)

Telecommunications Equipment. At any time during the Lease Term, subject to the terms of this Lease, Tenant shall have the right to utilize and accessmay, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to (i) install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s 's sole cost and expense, two (2) certain personal property infrastructure communications dishes of up to 24" in diameter, or one (1) communications antenna or comparable communications equipment upon the roof of the Building not to exceed 48" in height, (ii) use the Building telecommunications rooms and risers to install (A) two (2) two inch (2") diameter ridged metal conduits from the Building MPOE to the Premises, and (B) one (1) two inch (2") conduit from the Premises to the roof for connection of Tenant’s which services 's rooftop equipment to the Premises (all such equipment, installations and connections, collectively, the "Telecommunications Equipment"). The use of such areas of the Building for the installation of the Telecommunications Equipment shall be for the sole use of Tenant in connection with its business in the Premises, and shall be without the payment of any additional Base Rent or Direct Expenses with respect thereto. The physical appearance and all specifications of the Telecommunications Equipment shall be subject to Landlord's reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Landlord (subject to Tenant’s critical systems's reasonable approval), including the right and Landlord may require Tenant to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Tenant will always have the rightinstall screening around such Telecommunications Equipment, at all times, to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Building, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s 's sole cost and expense, as reasonably designated by Landlord. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere in the Buildingshall be responsible, at Tenant’s option Tenant may use commercially reasonable efforts 's sole cost and expense, for (i) obtaining all permits or other governmental approvals required in connection with the Telecommunications Equipment (including, without limitation, approval by the Federal Aviation Administration), (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecurecomply with all Applicable Laws, Landlord shall coordinate access and (iii) prior to the expiration or earlier termination of this Lease, removal of the Telecommunications Equipment and all associated wiring, and the restoration of all affected areas where such equipment is located with Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases of the entire BuildingBuilding to the condition existing prior to the installation thereof, Landlord will request Tenant’s prior approval (which approval shall not be unreasonably withheld, conditioned or delayed) including restoration of any work activity in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider Oneroof penetrations. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser spaceThe Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this Lease.

Appears in 2 contracts

Samples: Assignment and Assumption (8x8 Inc /De/), Roku, Inc

Telecommunications Equipment. Tenant shall have the right to utilize and accessTenant, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s sole cost and expense) certain personal property infrastructure of Tenant’s which services Tenant’s critical systems, including the right to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Tenant will always have the right, at all times, to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have the non-exclusive right at all times (it being understood that Landlord may grant, extend or renew similar rights to access others) to install, maintain, and from time to time replace a satellite dish or telecommunications antennae (a "DISH") on the exclusive use roof of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Building, provided that prior to commencing any installation or maintenance. Tenant shall be (i) obtain Landlord's prior approval of the proposed size, weight and location of the Dish and method for fastening the Dish to the roof, (ii) such installation and/or replacement shall comply strictly with all Laws and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) use the Dish solely responsible for its internal use, (iv) not grant any right to use of the repairs, maintenanceDish to any other party, and replacement of the same (v) obtain, at Tenant’s 's sole cost and expense, any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to Landlord. In Landlord may supervise or perform any roof penetration related to the event installation of a Dish, and Landlord may charge the cost thereof to Tenant. Tenant has unsecured agrees that all installation, construction and maintenance shall be performed in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements as shall be imposed by Landlord. Tenant further agrees to label each cable or wire placed by Tenant in the telecommunications equipment and/or cabling anywhere in pathways of the Building, with identification information as required by Landlord. Tenant shall repair any damage to the Building caused by Tenant's installation, maintenance, replacement, use or removal of the Dish. The Dish shall remain the property of Tenant, and Tenant may remove the Dish at its cost at any time during the Term. Tenant shall remove the Dish at Tenant’s option 's cost and expense upon the expiration or termination of this Lease. Tenant may agrees that the Dish, and any wires, cables or connections relating thereto, and the installation, maintenance and operation thereof shall in no way interfere with the use commercially reasonable efforts to secure and enjoyment of the Building, or the operation of communications ("including, without limitation, other satellite dishes) or computer devices by Landlord or by other tenants or occupants of the Project. If such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecureinterference shall occur, Landlord shall coordinate access to the areas where such equipment is located with Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases the entire Building, Landlord will request Tenant’s prior approval (which approval shall not be unreasonably withheld, conditioned or delayed) of any work activity in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Building, Landlord will provide give Tenant written notice at least two thereof and Tenant shall correct the same within twenty-four (224) Business Days prior hours of receipt of such notice. Landlord reserves the right to doing disconnect power to any work in Dish if Tenant fails to correct such interference within twenty-four (24) hours after such notice. Landlord makes no warranty or representation that the riser spaceBuilding or any portions thereof are suitable for the use of a Dish, it being assumed that Tenant has satisfied itself thereof. Tenant shall protect, defend, indemnify and hold harmless Landlord and Landlord's Agents from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys' fees, incurred by or asserted against Landlord arising out of Tenant's installation, maintenance, replacement, use or removal of the Dish.]

Appears in 1 contract

Samples: Lease (Limelight Networks, Inc.)

Telecommunications Equipment. At any time during the Lease Term, subject to the TCCs of this Article 22 and Article 8 of this Lease, Tenant shall have the right to utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to may install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s sole cost and expense, but without the payment of any Rent or a license or similar fee or charge, up to (i) certain personal property infrastructure one (1) eight foot (8’)-satellite dish, (ii) three (3) eighteen inch (18”) to twenty-four inch (24”) satellite dishes, (iii) three (3) twenty-four inch (24”) microwave antennae, and/or other communications, HVAC or other equipment servicing the business conducted by Tenant from within the Premises (all such equipment, including non-telecommunication equipment is, for the sake of convenience, defined collectively as the “Telecommunications Equipment”) upon the roof of the Building. The physical appearance and the size of the Telecommunications Equipment shall be subject to Landlord’s reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Tenant subject to Landlord’s reasonable approval and Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant’s which services Tenant’s critical systemssole cost and expense, including the right to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Tenant will always have the right, at all times, to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the sameas reasonably designated by Landlord. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Buildingmaintain such Telecommunications Equipment, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s sole cost and expense. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere elects to exercise its right to install the Telecommunication Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Telecommunications Equipment, provided, however, such reimbursement shall not exceed Five Hundred and No/100 Dollars ($500.00) per approval. Tenant shall remove such Telecommunications Equipment upon the Building, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period expiration or earlier termination of time as such equipment and/or cabling remains unsecure, Landlord this Lease and shall coordinate access return the affected portion of the rooftop and the Building to the areas where condition the rooftop and the Building would have been in had no such equipment is located with Tenant Telecommunications Equipment been installed (reasonable wear and in accordance with Tenant’s security procedurestear accepted). So long as Tenant leases the entire BuildingSuch Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord, Landlord will request Tenant’s prior approval (which approval shall will not be unreasonably withheld, conditioned conditioned, or delayed. Such Telecommunications Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Communication Equipment to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Communication Equipment by an unrelated third party. Tenant’s right to install such Telecommunication Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any rooftop space, and (ii) to re-sell, license or leasing of any work activity in rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the Building riser shafts or pathways, per installation of) Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser spaceTelecommunications Equipment.

Appears in 1 contract

Samples: Office Lease (Memec Inc)

Telecommunications Equipment. Notwithstanding the terms and provisions of the Lease to the contrary, if Tenant shall have requires the right to utilize and use of telecommunications services, including, without limitation, satellite service, Internet access, at no cost credit card verification or other data transmission equipment (collectively, the “Telecommunications Equipment”), then upon fifteen (15) days advance written notice to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to install, at Tenant’s cost and subject to availability in available capacity and Tenant’s compliance with all applicable Laws and Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit requirements for property and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects roof maintenance and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In additionrepair, Tenant shall have the non-exclusive right to place such Telecommunications Equipment on the roof of the Building in a location approved by Landlord. The Telecommunications Equipment and Tenant’s right to use the roof of the Building for the installation of such equipment shall be for Tenant’s sole use and such right may not be transferred, assigned, subleased or otherwise alienated by Tenant to a third party telecommunications carrier or other third party that does not occupy space in the Premises. Tenant agrees that Tenant shall not sell the use of the Telecommunications Equipment to provide services to any party other than Tenant and its subtenant(s)’ employees and clients in connection with its business, or to transmit to any other location other than the Premises. The installation of the Telecommunications Equipment shall constitute work and shall be performed in accordance with and subject to the provisions of Article 8 above, and the portion of the roof of the Building affected by the Telecommunications Equipment shall be deemed to be a portion of the Premises (provided, however, that no Rent or Additional Rent shall be charged for the use of the roof); consequently, all of the equipment rooms throughout provisions of the Building (“TR”) for installation and operation of data/telecom equipment, for access Lease with respect to Tenant’s obligations hereunder shall apply to the Telecom Riser installation, use and in order maintenance of the Telecommunications Equipment, including without limitation, provisions relating to repaircompliance with requirements as to insurance, replace and/or maintain (indemnity, repairs and maintenance. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Lease Term or upon any earlier termination of this Lease, Tenant shall, at Tenant’s sole cost and expense) certain personal property infrastructure of Tenant’s which services Tenant’s critical systems, including the right to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Tenant will always have the right, at all times, expense and subject to the exclusive use control of and direction from Landlord, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof to the condition existing prior to the installation of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repairTelecommunications Equipment, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have the right at all times to access reasonable wear and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Building, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s sole cost and expense. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere in the Building, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecure, Landlord shall coordinate access to the areas where such equipment is located with Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases the entire Building, Landlord will request Tenant’s prior approval (which approval shall not be unreasonably withheld, conditioned or delayed) of any work activity in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser spacetear excepted.

Appears in 1 contract

Samples: Lease Agreement (Zendesk, Inc.)

Telecommunications Equipment. Tenant shall have At any time during the right Term, subject to utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves terms of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to install, at Tenant’s cost this Article 43 and subject to availability in Landlord’s reasonable discretionprior written approval, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, which approval shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In additionunreasonably withheld or delayed, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipmentinstall, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s sole cost and expense, satellite or microwave dishes or other communication equipment (the “Telecommunications Equipment”) certain personal property infrastructure of Tenant’s which services Tenant’s critical systems, including upon the right to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Tenant will always have the right, at all times, to the exclusive use roof of the Base Building Generator SystemBuildings. In no event The physical appearance and the size of the Telecommunications Equipment shall Landlord be responsible for subject to Landlord’s written approval prior to installation, which approval will not unreasonably be withheld, any covenants, conditions, or restrictions encumbering the cost to repairPremises and, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the sameApplicable Laws. Tenant shall have the right at all times to access maintain such Telecommunications Equipment in good condition and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Buildingrepair, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s sole cost and expense. In The cost of the event Tenant has unsecured telecommunications equipment and/or cabling anywhere in Telecommunications Equipment, including but not limited to the Buildingpermitting, installation, maintenance and removal thereof shall be at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecure, Landlord shall coordinate access to the areas where such equipment is located with Tenant sole cost and in accordance with Tenant’s security procedures. So long as Tenant leases the entire Building, Landlord will request Tenant’s prior approval (which approval shall not be unreasonably withheld, conditioned or delayed) of any work activity in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider Oneexpense. If Tenant no longer leases the entire Buildingfails to maintain its Telecommunications Equipment, or if Tenant fails to remove such Telecommunications Equipment upon termination of this Lease, or fails to repair any damage caused by such removal, Landlord will provide may do so at Tenant’s expense. Tenant written notice at least two shall on demand reimburse Landlord for all costs incurred by Landlord to effect such removal, which amounts shall be deemed Additional Rent and shall include without limitation, all sums disbursed, incurred or deposited by Landlord, including Landlord’s costs, expenses and actual attorneys’ fees with interest thereon. Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, claim, lawsuit, liability or expense (2including reasonable attorneys’ fees and disbursements) Business Days prior arising directly or indirectly out of Tenant’s failure to doing perform any work in the riser spaceof its obligations under this Article 43.

Appears in 1 contract

Samples: Lease (Illumina Inc)

Telecommunications Equipment. 32.1 If legally permitted, Tenant shall have the right to utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in erect or place a telecommunications dish or antenna (the “Telecommunications Equipment”) on the roof of the Building or on the ground in accordance with the following provisions, which Telecommunications Equipment shall be designed in accordance with the specifications to be provided by Tenant and approved by Landlord, Landlord’s approval not to be unreasonably withheld, conditioned or delayed. It is expressly understood and agreed, in any permitted service provider. Landlord specifically approves event, that the design specifications shall include such modifications to the roof and shall be incorporated in the cost of and consents to Tenant’s current use of all conduit space and/or vertical pathway space installation as of the Commencement Dateherein provided. In the event that Building conduits are insufficient for such installation shall, in the reasonable opinion of Landlord, impair the structural integrity of the roof, roof membrane and/or Building, Landlord reserves the right to disapprove Tenant’s needsplans and specifications until the same shall be redesigned to eliminate Landlord’s objection. With respect to any such redesign of the roof, Landlord any cost in connection with maintenance or repair which may thereafter be occasioned as a direct result of the installation or operation on the Telecommunications Equipment shall permit be paid for at the sole cost and expense of the Tenant to install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduitsshall not be included as part of the Operating Expenses. Tenant shall have the right to encase any riser cabling in new conduit furnish detailed plans and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s sole cost and expense) certain personal property infrastructure of Tenant’s which services Tenant’s critical systems, including the right to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Tenant will always have the right, at all times, to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible specifications for the cost Telecommunications Equipment to repairLandlord for its approval, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Building, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s sole cost and expense. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere in the Building, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecure, Landlord shall coordinate access to the areas where such equipment is located with Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases the entire Building, Landlord will request Tenant’s prior approval (which approval shall not be unreasonably withheld, conditioned or delayed, provided Landlord may condition its consent by requiring that the Telecommunications Equipment be adequately screened or enclosed (at Tenant’s sole cost and expense) of any work activity on the roof or on the ground at such location as is designated by Landlord in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described least conspicuous location of all acceptable locations in Rider One. If Tenant no longer leases which the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser spaceTelecommunications Equipment might be located.

Appears in 1 contract

Samples: Lease Agreement (Jackson Hewitt Tax Service Inc)

Telecommunications Equipment. At any time during the Lease Term, subject to the TCCs of this Article 22 and Article 8 of this Lease, Tenant shall have the right to utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to Permitted Transferee may install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s 's sole cost and expense, but without the payment of any Rent or a license or similar fee or charge, up to two (2) certain personal property infrastructure satellite or microwave dishes (or similar substitute communications equipment) directly servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as the "Telecommunications Equipment") upon the roof of Tenant’s which services Tenant’s critical systemsthe Building. The physical appearance and the size of the Telecommunications Equipment shall be subject to Landlord's reasonable approval, including the right location of any such installation of the Telecommunications Equipment shall be designated by Tenant subject to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Landlord's reasonable approval and Landlord may require Tenant will always have the rightto install screening around such Telecommunications Equipment, at all timesTenant's sole cost and expense, to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the sameas reasonably designated by Landlord. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Buildingmaintain such Telecommunications Equipment, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s 's sole cost and expense. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere elects to exercise its right to install the Telecommunication Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Telecommunications Equipment. Tenant shall remove such Telecommunications Equipment upon the Building, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period expiration or earlier termination of time as such equipment and/or cabling remains unsecure, Landlord this Lease and shall coordinate access return the affected portion of the rooftop and the Building to the areas where condition the rooftop and the Building would have been in had no such equipment is located with Tenant Telecommunications Equipment been installed (reasonable wear and in accordance with Tenant’s security procedurestear excepted). So long as Tenant leases the entire BuildingSuch Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord, Landlord will request Tenant’s prior approval (which approval shall will not be unreasonably withheld, conditioned conditioned, or delayed) . Such Telecommunications Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Communication Equipment to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of any work activity in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser space.such Communication Equipment by an unrelated third party

Appears in 1 contract

Samples: Office Lease (Anacomp Inc)

Telecommunications Equipment. At any time during the Lease Term, subject to the terms of this Lease, Tenant shall have the right to utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as may for each of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needsBuildings, Landlord shall permit the Tenant to (i) install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s 's sole cost and expense, two (2) certain personal property infrastructure communications dishes or up to 24" in diameter, or one (1) communications antenna or comparable communications equipment upon the roof of the Building not to exceed 48" in height, (ii) use the Building telecommunications rooms and risers to install (A) two (2) two inch (2") diameter ridged metal conduits from the Building MPOE to the Premises, and (B) one (1) two inch (2") conduit from the Premises to the roof for connection of Tenant’s which services 's rooftop equipment to the Premises (all such equipment, installations and connections, collectively, the "Telecommunications Equipment"). The use of such areas of the Building for the installation of the Telecommunications Equipment shall be for the sole use of Tenant in connection with its business in the Premises, and shall be without the payment of any additional Base Rent or Direct Expenses with respect thereto. The physical appearance and all specifications of the Telecommunications Equipment shall be subject to Landlord's reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Landlord (subject to Tenant’s critical systems's reasonable approval), including the right and Landlord may require Tenant to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Tenant will always have the rightinstall screening around such Telecommunications Equipment, at all times, to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Building, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s 's sole cost and expense, as reasonably designated by Landlord. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere in the Buildingshall be responsible, at Tenant’s option Tenant may use commercially reasonable efforts 's sole cost and expense, for (i) obtaining all permits or other governmental approvals required in connection with the Telecommunications Equipment (including, without limitation, approval by the Federal Aviation Administration), (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecurecomply with all Applicable Laws, Landlord shall coordinate access and (iii) prior to the expiration or earlier termination of this Lease, removal of the Telecommunications Equipment and all associated wiring, and the restoration of all affected areas where such equipment is located with Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases of the entire BuildingBuilding to the condition existing prior to the installation thereof, Landlord will request Tenant’s prior approval (which approval shall not be unreasonably withheld, conditioned or delayed) including restoration of any work activity in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider Oneroof penetrations. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser spaceThe Telecommunications Equipment shall constitute Mandatory Removal Items under Section 8.5 above.

Appears in 1 contract

Samples: Office Lease (Roku, Inc)

Telecommunications Equipment. Tenant shall have Subject to the right to utilize terms and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves provisions of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In additionthis Section 9.03, Tenant shall have the exclusive right right, without the obligation to use pay additional rental, to install, or cause its vendors to install, operate, repair, and maintain upon the roof of the Building, together with cabling and conduit therefor as permitted hereby, equipment transmitting telecommunications signals ("Telecommunications Equipment"). Such Telecommunications Equipment may be used by Tenant (and its permitted assignees and sublessees) solely for the purpose of receiving and transmitting signals for the conduct of Tenant's (or, as the case may be, its permitted assignees or sublessees) normal and customary business, and shall not be used to transmit or receive signals for the benefit of any other party. Prior to installing the Telecommunications Equipment, Tenant shall make a written request therefor to Landlord, which written request shall contain Tenant's designation and description of all equipment to be installed (including, without limitation, all antennae, cabling and wiring) as well as the type, make and model of the Telecommunications Equipment. Such writing shall also designate Tenant's proposed location therefor, all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access which shall be subject to the Telecom Riser and prior written approval of Landlord which may be withheld or given in its reasonable discretion. In any event, before making any installations on the roof of the Building, in order to repairprevent damage to the roof or avoiding other problems with enforcement of the warranty of the roof, replace and/or maintain Tenant agrees to (i) provide Landlord and Landlord's roofing contractor or other designee with Tenant's plans and specifications for any such installation and (ii) obtain such roofing contractor's prior written confirmation that its warranty or other obligations with respect to the roof shall not be affected by such installation. At the option of Landlord, Tenant will, at Tenant’s its sole cost and expense, have such roofing contractor perform any work that affects the roof or roof warranty or have such roofing contractor present during such installation. Once such installation has been made, Tenant will not make any alterations without obtaining the prior written consent of Landlord, such consent not to be unreasonably withheld. Tenant shall install all equipment at the sole cost, expense and risk of Tenant and shall do so in a good and workmanlike manner in compliance with all federal, state and local building, electric, telecommunications safety codes, ordinances, statutes, regulations and laws including, without limitation, those of the Federal Communications Commission. Tenant, at its sole cost and expense shall obtain and maintain any and all permits and licenses necessary for the operation of the Telecommunications Equipment and shall deliver true and correct copies thereof to Landlord upon Landlord's request therefor. Landlord may, at any time, require that Tenant relocate, at Landlord's sole cost, expense and risk, the Telecommunications Equipment to another location on the roof of the Building, together with all wire and antennae therefor, such relocation to be accomplished within thirty (30) certain days after written notice thereof from Landlord to Tenant. Tenant shall be solely responsible for all personal property infrastructure or other taxes assessed against Landlord or the Building as a result of the Telecommunications Equipment. Tenant agrees to indemnify, defend and hold harmless the Landlord, Landlord's Mortgagee, and their respective partners, officers, directors, agents and employees, from any and all claims, costs, liabilities, damages, judgments, suits or other causes of action or liabilities arising out of, directly or indirectly, entry upon the roof by Tenant’s which services Tenant’s critical systems, including its agents, contractors, employees, for the right to secure its data equipment therein with either cage purpose of installing and maintaining the Telecommunications Equipment or cabinet. In addition, throughout the Term Tenant will always have the right, at all times, otherwise relating to the exclusive use of the Base Building Generator Systemor operation thereof. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have the right at all times to access and interruption in services to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located Telecommunications Equipment nor interference in the Building and receipt or transmission of signals thereto or therefrom. Landlord agrees that it shall not, except as required by law, permit any other party to all Automatic Transfer Switches (“ATS”) wherever located in install, after the BuildingExecution Date, provided that Tenant shall be solely responsible for telecommunications equipment on the repairs, maintenance, and replacement roof of the same at Tenant’s sole cost and expenseBuilding which propagates a signal that materially interferes with the operations of the Telecommunications Equipment. In the event Similarly, Tenant has unsecured agrees that its Telecommunications Equipment shall not interfere with any telecommunications equipment and/or cabling anywhere in on the Building, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period roof of time as such equipment and/or cabling remains unsecure, Landlord shall coordinate access to the areas where such equipment is located with Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases the entire Building, Landlord will request Tenant’s prior approval (which approval shall not be unreasonably withheld, conditioned or delayed) of any work activity in the Building riser shafts or pathwaysas of the Execution Date. All design, per Tenant’s 100% Uptime Protocolsconstruction, as defined installation, maintenance and described in Rider One. If repair of the Telecommunications Equipment shall constitute Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser spaceWork.

Appears in 1 contract

Samples: Lease Agreement (Bindview Development Corp)

Telecommunications Equipment. At any time during the Lease Term, subject to the TCCs of this Article 22 and Article 8 of this Lease, Tenant shall have the right to utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to may install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s 's sole cost and expense, but without the payment of any Rent or a license or similar fee or charge, up to one (1) certain personal property infrastructure twenty-four inch (24") satellite dish (and reasonable equipment related thereto), servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as the "Telecommunications Equipment") upon the portion of Tenant’s which services Tenant’s critical systemsthe roof of the Building designated by Landlord for such equipment. The physical appearance and the size of the Telecommunications Equipment shall be subject to Landlord's reasonable approval, including the right location of any such installation of the Telecommunications Equipment shall be designated by Tenant subject to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Landlord's reasonable approval and Landlord may require Tenant will always have the rightto install screening around such Telecommunications Equipment, at all timesTenant's sole cost and expense, to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the sameas reasonably designated by Landlord. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Buildingmaintain such Telecommunications Equipment, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s 's sole cost and expense. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere in elects to exercise its right to install the BuildingTelecommunication Equipment, at Tenant’s option then Tenant may use commercially reasonable efforts to secure shall give Landlord prior notice thereof. Tenant shall remove such equipment and/or cabling. During any period Telecommunications Equipment upon the expiration or earlier termination of time as such equipment and/or cabling remains unsecure, Landlord this Lease and shall coordinate access return the affected portion of the rooftop and the Building to the areas where condition the rooftop and the Building would have been in had no such equipment is located with Tenant Telecommunications Equipment been installed (reasonable wear and in accordance with Tenant’s security procedurestear accepted). So long as Tenant leases the entire BuildingSuch Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord, Landlord will request Tenant’s prior approval (which approval shall will not be unreasonably withheld, conditioned conditioned, or delayed. Such Telecommunications Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Communication Equipment to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Communication Equipment by an unrelated third party. Tenant's right to install such Telecommunication Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord's continued right (i) of to itself utilize any work activity in rooftop space, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the Building riser shafts or pathwaysinstallation of) Tenant's Telecommunications Equipment. XXXXXX REALTY 571981.06/WLA 0000 Xxxxxxxxx Xxxxx X0000-000/0-0-000xx/xxx -43-[STMicroelectronics, per Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser space.Inc.]

Appears in 1 contract

Samples: Office Lease (Affymetrix Inc)

Telecommunications Equipment. (a) Subject to the terms and conditions of this Lease, Landlord hereby grants Tenant shall have the non-exclusive right to utilize install, maintain and accessoperate during the Term one (1) satellite dish of less than thirty-six inches (36") in diameter and related equipment ("Antenna Equipment") on a portion of the roof of the Building in a location reasonably designated by Landlord (such location being referred to as the "Site"), at no cost to Tenantprovided, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Antenna Equipment (i) does not adversely affect the structure of the Building, the roof system of the Building, the warranty for the roof of the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as the safety of the Commencement Date. In Building; (ii) does not adversely affect the event that Building conduits are insufficient for Tenant’s needselectrical, Landlord shall permit the Tenant to install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase mechanical or any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all other system of the Building risers. In addition, Tenant shall have or the exclusive right to use all functioning thereof; (iii) does not interfere with the operation of the equipment rooms throughout Building or the Building (“TR”) for installation and operation provision of data/telecom equipment, for access services or utilities to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s sole cost and expense) certain personal property infrastructure of Tenant’s which services Tenant’s critical systems, including the right to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Tenant will always have the right, at all times, to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located other tenants in the Building, provided that Tenant shall be solely responsible for (iv) does not exceed the repairs, maintenancecapacity of the Building or the roof of the Building as reasonably determined by Landlord, and replacement of the same at Tenant’s sole cost and expense. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere (v) is otherwise approved by Landlord in the Building, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecure, Landlord shall coordinate access to the areas where such equipment is located with Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases the entire Building, Landlord will request Tenant’s prior approval writing (which approval shall not be unreasonably withhelddenied, conditioned or delayed) ). In addition, Tenant shall be allowed to replace the existing Antenna Equipment with similar equipment for communication and data purposes provided such replacement equipment meets all of any work activity the requirements in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined previous sentence and described in Rider Oneis not materially larger than the existing Antenna Equipment. If Tenant no longer leases does elect to replace the entire Buildingexisting Antenna Equipment in accordance with the previous sentence, such replacement equipment shall be deemed Antenna Equipment for purposes of this Paragraph 22. Landlord will provide shall not be entitled to any fee from Tenant written notice at least two (2) Business Days prior in connection with the license granted to doing any work in the riser spaceTenant pursuant to this Paragraph.

Appears in 1 contract

Samples: Office Lease (Carlyle Group L.P.)

Telecommunications Equipment. At any time during the Lease Term, subject to the terms and conditions of this Article 22 and Article 8 of this Lease, Tenant shall have the right to utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to may install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s 's sole cost and expense) certain personal property infrastructure , but without the payment of Tenant’s which services Tenant’s critical systemsany Rent or a license or any fee or charge, a satellite or microwave dish, antennae or other communications, HVAC or other equipment servicing the business conducted by Tenant from within the Premises (all such equipment, including non-telecommunication equipment is, for the right sake of convenience, defined collectively as the "TELECOMMUNICATIONS EQUIPMENT") upon the roof of the Building. The physical appearance and the size of the Telecommunications Equipment shall be subject to secure its data equipment therein with either cage or cabinet. In additionLandlord's reasonable approval, throughout the Term location of any such installation of the Telecommunications Equipment shall be designated by Tenant will always have the rightsubject to Landlord's reasonable approval and Landlord may require Tenant to install screening around such Telecommunications Equipment, at all timesTenant's sole cost and expense, to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the sameas reasonably designated by Landlord. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Buildingmaintain such Telecommunications Equipment, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s 's sole cost and expense. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere elects to exercise its right to install the Telecommunication Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs as defined in Section 6.2 reasonably incurred by Landlord in approving such Telecommunications Equipment. Tenant shall remove such Telecommunications Equipment upon the Buildingexpiration or earlier termination of this Lease. Such Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecure, Landlord shall coordinate access to the areas where such equipment is located with Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases the entire Building, Landlord will request Tenant’s prior approval (which approval shall will not be unreasonably withheld. Such Telecommunications Equipment shall, conditioned in all instances, comply with applicable governmental laws, codes, rules and regulations. The rights contained in this Article 22 shall be personal to the Original Tenant and its Affiliates and may only be exercised by the Original Tenant or delayedan Affiliate (and not any assignee, subleasee or other transferee of the Original Tenant's interest in this Lease) if the Original Tenant and/or an Affiliate occupies at least one-half (1/2) of any work activity a floor in the Building. Tenant's right to place Telecommunications Equipment on the roof of the Building riser shafts or pathwayspursuant to this Article 22 shall be exclusive; provided, per Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Buildinghowever, Landlord will provide Tenant written notice at least two (2) Business Days prior shall retain the right to doing install rooftop communications equipment for Landlord's internal use; provided Landlord shall not unreasonably interfere with Tenant's Telecommunications Equipment and Landlord shall be responsible for any work in the riser spacedamage caused thereby.

Appears in 1 contract

Samples: Office Lease (Newgen Results Corp)

Telecommunications Equipment. Upon, prior to or after completion of the Fourth Floor Expansion Premises, Tenant shall have the right right, to utilize install the Telecommunications Equipment in the Fourth Floor Expansion Premises. Tenant agrees that all such equipment shall comply with all applicable Lease provisions. Tenant (or its authorized representative) shall (a) install the Telecommunications Equipment in compliance with all applicable codes, ordinances, and accessstatutes, (b) be responsible to obtain all governmental approvals, permits, licenses, and the like related to such installation and the operation of the Telecommunications Equipment, (c) comply with all insurance requirements applicable thereto, and (d) indemnify and hold Landlord harmless for any claims, damages, losses, liabilities, or expenses (including reasonable attorneys' fees) which Landlord may incur or sustain by reason of any failure of Tenant to install the Telecommunications Equipment in compliance with all applicable codes, ordinances, and statutes and for any damage to the Premises, Building, or Property caused by such installation. Landlord shall not be liable for the failure of the Telecommunications Equipment (unless caused by the negligent action or failure to act by Landlord or its agents) or for the improper installation thereof by Tenant. Upon the expiration or sooner termination of this Lease, Tenant will remove the Telecommunications Equipment and the cabling from the risers, along with any ancillary equipment or structures and shall repair any damage to the Premises, the Building, or any other improvements to the Property caused thereby. Tenant covenants that the Telecommunications Equipment will not emit radiation in excess of that which may be permitted under applicable law or regulation, as same may be modified from time to time, including, without limitation, regulations of the Federal Communications Commission, the Environmental Protection Agency, and the Occupational Safety and Health Administration, applicable to the emission of radiation from active telecommunications equipment or similar facilities. Other than with respect to the rights of any tenants, occupants or licensees under any currently existing leases or licenses for space at no cost the Property to continue to use and enjoy any telecommunications or other equipment, Landlord will not knowingly perform (or fail to perform) any act or permit any tenant, occupant or licensor of the Property, and their respective employees and invitees, or any other person or entity to perform (or fail to perform) any act, that may interfere with or impede Tenant's use of the Telecommunications Equipment. Tenant understands and agrees, any conduit space and/or vertical pathway however, that Landlord may be required to shut down the power or other Building services from time to time and, in such event, Landlord shall cooperate with Tenant to the fullest extent possible to schedule such matters at a time that may be mutually convenient in order to connect Tenant’s voice/data cabling between its leased floors permit to the fullest extent possible Tenant to continue to use the Telecommunications Equipment in an unimpeded and uninterrupted manner. Except in the case of emergency, Landlord shall provide Tenant with written notice at least three (3) Business days prior to the date that Landlord intends to shut down the power or other Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Dateservices. In the event that Landlord so shuts down the power or other Building conduits are insufficient for services, in no event and under no circumstances shall Tenant’s needs, Landlord shall permit the Tenant to install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s sole cost and expense) certain personal property infrastructure of Tenant’s which services Tenant’s critical systems, including the right to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Tenant will always have the right, at all times, to the exclusive 's use of the Base Generator, the Rooftop Equipment or the Supplement HVAC Systems be impeded or interrupted unless such power or other Building Generator Systemservices are shut down as a result of an emergency. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Building, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s sole cost and expense. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere in the Building, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecure, Landlord shall coordinate access to the areas where such equipment is located with Tenant act reasonably and in accordance with Tenant’s security procedures. So long as Tenant leases good faith for purposes of determining whether a state of emergency exists sufficient to require the entire Building, Landlord will request Tenant’s prior approval (which approval shall not power or other Building services to be unreasonably withheld, conditioned or delayed) of any work activity in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior shut down from time to doing any work in the riser spacetime.

Appears in 1 contract

Samples: Lease Agreement (Interland Inc)

Telecommunications Equipment. Tenant Subject to the receipt of Master Landlord’s express written consent, Sublandlord agrees that, at any time during the Sublease Term, Subtenant shall have the non-exclusive right to utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at TenantSubtenant’s sole cost and expense, a satellite dish and/or antennae in an area of the roof of the Building (“Roof Location”) certain personal property infrastructure reasonably designated by Master Landlord and conduits, cables, risers, feeders and materials in the shafts, ducts, conduits, chases, utility closets and other facilities of Tenantthe Building as is reasonably necessary to connect the satellite dish and/or antennae to the Subleased Premises and Subtenant’s which services Tenantother machinery and equipment therein. (collectively, the “Telecommunication Equipment”) solely for its own use; provided, however, any such installation shall be completed by Subtenant at its cost in accordance with all applicable laws. The physical appearance and location of any exterior Telecommunication Equipment shall be subject to Master Landlord’s critical systemsreasonable approval, including the right and Master Landlord may require Subtenant to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Tenant will always have the rightinstall screening around such exterior equipment, at all timesSubtenant’s sole cost and expense, to the exclusive use of the Base Building Generator Systemas reasonably designated by Master Landlord. In no event Subtenant shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have the right such Telecommunication Equipment at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Building, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at TenantSubtenant’s sole cost and expense. In addition, Subtenant’s use of the Telecommunications Equipment shall not interfere with any other entities’ telecommunications equipment located on or in the Building at the time Subtenant installs the Telecommunications Equipment thereon or therein. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere Subtenant elects to exercise its right to install Telecommunication Equipment as set forth in this Section 13(c), then Subtenant shall give Sublandlord and Master Landlord prior notice thereof; all entry and work on the Buildingroof shall be coordinated in advance with Master Landlord. Upon the expiration or earlier termination of this Sublease, Subtenant shall remove its Telecommunications Equipment and perform any reasonably requested repairs and patching, at TenantSubtenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecureexpense; provided, Landlord shall coordinate access to the areas where such equipment is located with Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases the entire Buildinghowever, Landlord will request Tenant’s prior approval (which approval Subtenant shall not be unreasonably withheld, conditioned or delayed) required to make any repairs required because of any work activity in ordinary wear and tear on the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser spaceroof.

Appears in 1 contract

Samples: Sublease (Demand Media Inc.)

Telecommunications Equipment. At any time during the Lease Term, subject to the TCCs of this ARTICLE 22 and ARTICLE 8 of this Lease, Tenant shall have the right to utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to may install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s 's sole cost and expense) certain personal property infrastructure , but without the payment of Tenant’s which services Tenant’s critical systemsany Rent or a license or similar fee or charge, one or more satellite dishes and/or microwave dishes or other communications, HVAC or other equipment servicing the business conducted by Tenant from within the Premises (all such equipment, including non-telecommunication equipment is, for the right sake of convenience, defined collectively as the "TELECOMMUNICATIONS EQUIPMENT") upon the roof of the Building. The physical appearance and the size of the Telecommunications Equipment shall be subject to secure its data equipment therein with either cage or cabinet. In additionLandlord's reasonable approval, throughout the Term location of any such installation of the Telecommunications Equipment shall be designated by Tenant will always have the rightsubject to Landlord's reasonable approval and Landlord may require Tenant to install screening around such Telecommunications Equipment, at all timesTenant's sole cost and expense, to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the sameas reasonably designated by Landlord. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Buildingmaintain such Telecommunications Equipment, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s 's sole cost and expense. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere elects to exercise its right to install the Telecommunication Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the Actual Costs as defined in SECTION 6.2 reasonably incurred by Landlord in approving such Telecommunications Equipment, provided, however, such reimbursement shall not exceed Five Hundred and No/100 Dollars ($500.00) per approval. Tenant shall remove such Telecommunications Equipment upon the Building, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period expiration or earlier termination of time as such equipment and/or cabling remains unsecure, Landlord this Lease and shall coordinate access return the affected portion of the rooftop and the Building to the areas where condition the rooftop and the Building would have been in had no such equipment is located with Tenant Telecommunications Equipment been installed (reasonable wear and in accordance with Tenant’s security procedurestear accepted). So long as Tenant leases the entire BuildingSuch Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord, Landlord will request Tenant’s prior approval (which approval shall will not be unreasonably withheld, conditioned conditioned, or delayed) . Such Telecommunications Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant's rooftop rights with regard to the Telecommunications Equipment shall be exclusive and complete; provided, however, such exclusive and complete use of the rooftop shall be personal to the Original Tenant, its Affiliates and/or any work activity in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser spacePermitted Transferee.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Vical Inc)

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Telecommunications Equipment. Subject to the provisions of this section, Tenant shall have may use a portion of the right to utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in roof of the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In utility risers within the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to install, operate and maintain the Telecommunications Equipment. No Basic Rent or other fee will be charged to Tenant for the area occupied by the Telecommunications Equipment or for the use of the utility risers within the Building required to connect the Telecommunications Equipment to the Premises, nor will such space be included in the calculation of Tenant’s Share of Expenses. Tenant will install the Telecommunications Equipment only in a location determined by Landlord. Tenant will be solely responsible for payment of all costs and expenses incurred in installing, operating, maintaining, repairing, replacing and removing the Telecommunications Equipment, specifically including but not limited to all utility charges related to the Telecommunications Equipment, either as separately metered (at Tenant’s cost expense) or as reasonably estimated by Landlord. Tenant’s installation, operation, maintenance, repair, replacement and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have removal of any Telecommunications Equipment must comply with the right to encase requirements of any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also Building roof warranties (which may require the right to determine which written approval of the provider Tenant elects and require that Landlord grant free Building access to beneficiary of such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposeswarranties), all provisions of the Building risersArticle 8 governing Alterations, and all other terms and conditions of this Lease. In addition, Tenant shall have will not install any Telecommunications Equipment without obtaining the exclusive right to use all prior written consent of the Property Manager, which consent will not be unreasonably withheld or delayed. Tenant’s installation, operation, maintenance, repair, replacement and removal of the Telecommunications Equipment is subject to Tenant receiving and maintaining all governmental approvals required for the Telecommunications Equipment and otherwise complying with all Laws related thereto. The Telecommunications Equipment must not interfere with any Building equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom or any other tenants’ equipment. Upon prior written notice to Landlord, for Tenant will be allowed reasonable access to the Telecom Riser Telecommunications Equipment for the purpose of maintaining and in order to repairservicing such equipment. All Telecommunications Equipment will remain the personal property of Tenant and will be installed, replace and/or maintain (operated, maintained, repaired, replaced and removed at Tenant’s sole cost and expense) certain personal property infrastructure risk. Notwithstanding anything to the contrary in Article 8, the Telecommunications Equipment must be removed by Tenant at the end of Tenant’s which services Tenant’s critical systems, including the right to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Tenant and all of the provisions of Article 16 of this Lease will always have the right, at all times, apply to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have the right at all times to access and Telecommunications Equipment to the exclusive use same extent as it applies to the other property of all Network Point of Presence rooms (“NETPOP”) wherever Tenant located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Building, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement Premises. All obligations of the same at Tenant’s sole cost and expense. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere in the Building, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecure, Landlord shall coordinate access to the areas where such equipment is located with Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases rights of Landlord under this Section 17.9 will survive the entire Building, Landlord will request Tenant’s prior approval (which approval shall not be unreasonably withheld, conditioned expiration or delayed) other termination of any work activity in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser spacethis Lease without limitation.

Appears in 1 contract

Samples: Office Lease Agreement (Wells Mid-Horizon Value-Added Fund I LLC)

Telecommunications Equipment. During the Lease Term, subject to the terms of this Lease, Tenant shall have the right to utilize install a maximum of two (2) antennas and/or satellite dishes on the roof of the Building, with each antenna not to exceed one (1) meter in diameter or height, and access, at no cost to Tenant, any conduit space and/or vertical pathway make associated connections through the Building as required in order connection therewith (all such equipment, installations and connections, collectively, the "Telecommunications Equipment"). For any work involving the roof of the Building, Tenant shall use Landlord's designated roofing contractor, or such other roofing contractor as selected by Tenant and reasonably approved by Landlord, and shall perform all such work on or to connect Tenant’s voice/data cabling between the roof in coordination with the roof membrane manufacturer to avoid any impact on the roof warranty. If Tenant does not use Landlord's designated roofing contractor, Tenant shall be responsible for any violation of the roof warranty and any and all costs resulting therefrom. The use of such areas of the Building for the installation of the Telecommunications Equipment shall be for the sole use of Tenant in connection with its leased floors business in the Building Premises, and shall be without the payment of any additional Base Rent or to any permitted service providerDirect Expenses with respect thereto. Landlord specifically approves of The location and consents to Tenant’s current use of physical appearance and all conduit space and/or vertical pathway space as specifications of the Commencement DateTelecommunications Equipment, including the manner of attachment to the Building, shall be subject to Landlord's reasonable approval. In the event that Building conduits are insufficient for Tenant’s needs, Landlord Tenant shall permit the Tenant to installbe responsible, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s 's sole cost and expense, for (i) certain personal property infrastructure obtaining all permits or other governmental approvals required in connection with the Telecommunications Equipment, (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Laws, and (iii) prior to the expiration or earlier termination of Tenant’s which services Tenant’s critical systemsthis Lease, removal of the Telecommunications Equipment and all associated wiring, and the restoration of all affected areas of the Building to the condition existing prior to the installation thereof, including restoration of any roof penetrations. in the event Tenant elects to exercise its right to secure its data equipment therein install the Telecommunication Equipment, then Tenant shall give Landlord prior notice thereof. If Tenant's Telecommunications Equipment causes interference with either cage or cabinet. In addition, throughout the Term Tenant will always have the right, at all times, to the exclusive use of any other equipment at the Base Building Generator System. In no event Building, Tenant shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the sameimmediately remedy such interference. Tenant shall have move the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located Telecommunications Equipment as reasonably required by Landlord in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Buildingconnection with any repair, provided that Tenant shall be solely responsible for the repairs, maintenance, and maintenance or replacement of the same roof or roof system, at Tenant’s 's sole cost and expense. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere in the Building, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecure, Landlord shall coordinate access to the areas where such equipment is located with Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases the entire Building, Landlord will request Tenant’s prior approval (which approval shall not be unreasonably withheld, conditioned or delayed) of any work activity in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser space.

Appears in 1 contract

Samples: Office Lease (Kite Pharma, Inc.)

Telecommunications Equipment. At any time during the Lease Term, subject to the terms of this Lease, Tenant shall have the right to utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as may for each of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needsBuildings, Landlord shall permit the Tenant to (i) install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s 's sole cost and expense, two (2) certain personal property infrastructure communications dishes or up to 24" in diameter, or one (1) communications antenna or comparable communications equipment upon the roof of the Building not to exceed 48" in height, (ii) use the Building telecommunications rooms and risers to install (A) two (2) two inch (2") diameter ridged metal conduits from the Building MPOE to the Premises, and (B) one (1) two inch (2") conduit from the Premises to the roof for connection of Tenant’s which services 's rooftop equipment to the 788287.02/WLA 375755-00007/7-26-18/mjh/ejw -40- CXXXXXX HIGHLINE 1173, 1167 & 1000 Xxxxxxx Xxxxxx Roku, Inc. Premises (all such equipment, installations and connections, collectively, the "Telecommunications Equipment"). The use of such areas of the Building for the installation of the Telecommunications Equipment shall be for the sole use of Tenant in connection with its business in the Premises, and shall be without the payment of any additional Base Rent or Direct Expenses with respect thereto. The physical appearance and all specifications of the Telecommunications Equipment shall be subject to Landlord's reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Landlord (subject to Tenant’s critical systems's reasonable approval), including the right and Landlord may require Tenant to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Tenant will always have the rightinstall screening around such Telecommunications Equipment, at all times, to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Building, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s 's sole cost and expense, as reasonably designated by Landlord. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere in the Buildingshall be responsible, at Tenant’s option Tenant may use commercially reasonable efforts 's sole cost and expense, for (i) obtaining all permits or other governmental approvals required in connection with the Telecommunications Equipment (including, without limitation, approval by the Federal Aviation Administration), (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecurecomply with all Applicable Laws, Landlord shall coordinate access and (iii) prior to the expiration or earlier termination of this Lease, removal of the Telecommunications Equipment and all associated wiring, and the restoration of all affected areas where such equipment is located with Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases of the entire BuildingBuilding to the condition existing prior to the installation thereof, Landlord will request Tenant’s prior approval (which approval shall not be unreasonably withheld, conditioned or delayed) including restoration of any work activity in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider Oneroof penetrations. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser spaceThe Telecommunications Equipment shall constitute Mandatory Removal Items under Section 8.5 above.

Appears in 1 contract

Samples: Office Lease (Roku, Inc)

Telecommunications Equipment. Tenant shall have It is agreed that during the right to utilize Term of this Lease, telecommunications equipment and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in systems with associated antennae and cables (the "Telecommunications System(s)") may be installed and operated on the roof of the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of above the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to installPremises, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s 's sole cost and expense) certain personal property infrastructure of Tenant’s which services Tenant’s critical systems, including the right but at no additional rental or occupancy charge. Prior to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Tenant will always have the right, at all times, to the exclusive use installation of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repairTelecommunications System(s), maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Buildingobtain Landlord's prior written approval, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s sole cost and expense. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere in the Building, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecure, Landlord shall coordinate access to the areas where such equipment is located with Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases the entire Building, Landlord which will request Tenant’s prior approval (which approval shall not be unreasonably withheld, conditioned or delayed) , of the location and type of said Telecommunications System(s), provided that Landlord's approval shall include the right of approval by Landlord as to the size, nature and screening of any such Telecommunications System(s), as well as approval with respect to the manner of installation thereof (it being hereby agreed by Tenant, for example and without limitation, that if the installation of any such Telecommunications System(s) shall require alterations or improvements to the roof of the Building, then Landlord may require that any such roof work activity be undertaken by contractors utilized or approved by Landlord and otherwise in a manner which will avoid the breach or voiding of any warranties then in effect with respect to such roof). Tenant shall, at Tenant's sole cost and expense, be solely responsible for obtaining and maintaining in effect all necessary permits, licenses and/or approvals for the installation and operation of the Telecommunications System(s). Tenant shall also be solely responsible, at Tenant's sole cost and expense, for the maintenance of the Telecommunications System(s), and for the cost of installation and maintenance thereof, and Tenant shall comply with all Applicable Laws in connection with the installation and maintenance of any such Telecommunications System(s) and shall obtain any and all necessary permits, licenses or other approvals of any governmental or quasi-governmental authority which may be required with respect to the installation, maintenance and/or use of such Telecommunications System(s) and shall ensure that same shall thereafter be operated and used only in accordance with such Applicable Laws, permits, approvals and/or licenses. Tenant shall be responsible, at Tenant's sole cost and expense, for obtaining and maintaining in effect at all times that such Telecommunications System(s) are in place liability and property insurance for the Telecommunications System(s) consistent with the requirements set forth in Section 9.1 of this Lease. The location of the Telecommunications System(s) will be considered to be part of the Premises for the purposes of any indemnity, waiver, or obligation to defend contained in this Lease or in any insurance policy carried by Tenant. In the event that the Telecommunications System(s) causes interference to equipment used by Landlord or another tenant in the Building riser shafts or pathwaysHall Office Park, per Tenant shall use reasonable efforts, and shall cooperate with Landlord and other tenants, to promptly eliminate such interference. Tenant shall, upon the expiration or termination of this Lease, at Tenant’s 100% Uptime Protocols's sole cost and expense, remove the Telecommunications System(s) and repair any damage to the roof or other parts of the Building caused by the installation or removal of such Telecommunications System(s), unless Landlord consents in writing to the Telecommunications System(s) remaining on the roof after Tenant's tenancy hereunder has expired or terminated. Landlord shall not charge Tenant for the use of the roof space for the Telecommunications System(s), so long as defined the amount of space required and described utilized by Tenant in Rider One. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two respect thereto does not exceed nine (29) Business Days prior to doing any work in the riser spacesquare feet.

Appears in 1 contract

Samples: Office Lease Agreement (Jamba, Inc.)

Telecommunications Equipment. Subject to Tenant obtaining and maintaining all required governmental licenses and other approvals, Tenant shall have the right to utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s sole cost and expense, one (1) certain personal property infrastructure satellite dish (of approximately eighteen inches (18”) in diameter) and related telecommunications equipment (collectively, the “Telecommunications Equipment”) upon the roof of the Building. Prior to any installation, Landlord shall approve Tenant’s plans for the Telecommunications Equipment, which approval shall not be unreasonably withheld or delayed, provided that Landlord may limit the height of Tenant’s which services Tenant’s critical systems, including the right to secure its data equipment therein with either cage or cabinetTelecommunications Equipment. In addition, throughout the Term Tenant will always have the right, at all times, to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. and Tenant shall have mutually and reasonably agree upon the right at all times to access and to location on the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in roof where Tenant shall install the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the BuildingTelecommunications Equipment, provided that Tenant shall be solely responsible for determining the repairs, maintenance, and replacement sufficiency of the same roof structure to support the added load. Any roof penetrations must be performed by or in consultation with Landlord’s roofing contractor and so as not to void Landlord’s roof warranty. Tenant shall maintain all such Telecommunications Equipment at Tenant’s sole cost and expensemay access the Building roof from time to time, at its sole risk, solely for such purpose. In The Telecommunications Equipment shall be only for Tenant’s use in connection with the conduct of Tenant’s business in the Premises. Tenant shall use the Telecommunications Equipment so as not to cause any interference to other tenants in the Building or to other tenants at the Real Property or with any other tenant’s telecommunications equipment, and so as not to damage the Real Property or interfere with the normal operation of the Real Property. Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims, costs, damages, expenses and liabilities (including attorneys’ fees) arising out of Tenant’s failure to comply with the provisions of this Section 6.6, except to the extent same is caused by the gross negligence or willful misconduct of Landlord and which is not covered by the insurance carried by Tenant under this Lease (or which would not be covered by the insurance required to be carried by Tenant under this Lease). Should any interference occur, Tenant shall take all necessary steps as soon as reasonably possible and no later than three (3) calendar days following such occurrence to correct such interference. If such interference continues after such three (3)-day period, Tenant shall immediately cease operating its Telecommunications Equipment until such interference is corrected or remedied to Landlord’s satisfaction. Tenant acknowledges that Landlord has granted and/or may grant telecommunications rights to other tenants and occupants of the Building and to telecommunication service providers and in no event shall Landlord be liable to Tenant has unsecured for any interference of the same with Tenant’s Telecommunications Equipment; provided however, Landlord shall include in its agreements with any parties to whom it grants such telecommunications rights after the date of this Lease, terms providing that such parties’ telecommunications equipment and/or cabling anywhere must not unreasonably interfere with Tenant’s Telecommunications Equipment. Should Tenant notify Landlord that such interference is occurring, Landlord will cause such parties to correct such interference within three (3) calendar days, failing which such parties will be required to cease operation of their telecommunications equipment until such correction is achieved. Landlord makes no representation that the Telecommunications Equipment will be able to receive or transmit communication signals without interference or disturbance. Tenant shall (i) be solely responsible for any damage caused as a result of the Telecommunications Equipment, (ii) promptly pay any tax, license or permit fees charged pursuant to any laws or regulations in connection with the Buildinginstallation, maintenance or use of the Telecommunications Equipment and comply with all precautions and safeguards recommended by all governmental authorities, and (iii) pay for all necessary repairs, replacements to or maintenance of Tenant’s Telecommunications Equipment. Tenant, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During sole cost, shall remove all of the Telecommunications Equipment by the expiration or earlier termination of this Lease and repair any period of time as such equipment and/or cabling remains unsecure, Landlord shall coordinate access damage to the areas where such equipment is located with Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases the entire Buildingroof, Landlord will request Tenant’s prior approval (which approval shall not be unreasonably withheld, conditioned or delayed) of any work activity in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser spaceReal Property caused by such removal.

Appears in 1 contract

Samples: Terms of Lease (Intervoice Inc)

Telecommunications Equipment. Tenant shall have the non-exclusive right to enter upon and utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all roof of the Building risers. In additionfor the purposes of installing, Tenant shall have the exclusive right to use all of the maintaining and repairing any equipment rooms throughout the Building (“TR”) for installation and or utilities required in its operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s sole cost and expense) certain personal property infrastructure of Tenant’s which services Tenant’s critical systems, including the right to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Tenant will always have the right, at all times, to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located business in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Building, Premises; provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s sole cost and expense. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere in the Building, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecure, Landlord shall coordinate access to the areas where (i) such equipment is located with Tenant and used solely in accordance connection with Tenant’s security procedures. So long as business in the Premises and is not available for use by third-parties, (ii) Tenant leases the entire Building, submits to Landlord will request Tenantfor Landlord’s prior written approval, such approval (which approval shall not to be unreasonably withheld, conditioned or delayed, the desired location on the roof to install the equipment and the make, model and specifications of the equipment, (iii) of Tenant, at Tenant’s expense, shall install, maintain and remove the equipment in coordination with Landlord’s rooftop consultant; provided, however, that Landlord, at Tenant’s expense, shall have the right, but not the obligation, to install, maintain and/or remove the equipment, and (iv) Tenant shall indemnify and hold Landlord, its successors, assigns, agents, licensees and invitees harmless from any work activity and all damages, costs, claims, expenses, actions (including reasonable attorney’s fees) in connection with the equipment, unless resulting from Landlord’s negligence. Landlord further acknowledges that Tenant has existing satellite equipment in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, area referred to as defined the “satellite yard” and described in Rider One. If Tenant no longer leases conduits connecting it to the entire Building, and Landlord will provide Tenant written notice at least two (2) Business Days prior hereby gives its approval of the installation, placement, reconfiguration, operation, repair and maintenance of such equipment within the “satellite yard”. Any expansion or relocation of the “satellite yard” shall be subject to doing any work in the riser spacethis Section 53.

Appears in 1 contract

Samples: Agreement of Lease (Integral Systems Inc /Md/)

Telecommunications Equipment. Tenant Sublessee shall have the non-exclusive right to enter upon and utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all roof of the Building risers. In additionfor the purposes of installing, Tenant shall have the exclusive right to use all of the maintaining and repairing any equipment rooms throughout the Building (“TR”) for installation and or utilities required in its operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s sole cost and expense) certain personal property infrastructure of Tenant’s which services Tenant’s critical systems, including the right to secure its data equipment therein with either cage or cabinet. In addition, throughout the Term Tenant will always have the right, at all times, to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located business in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Building, Leased Premises; provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s sole cost and expense. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere in the Building, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecure, Landlord shall coordinate access to the areas where (i) such equipment is located used solely in connection with Tenant Sublessee’s business in the Leased Premises and in accordance with Tenant’s security procedures. So long as Tenant leases the entire Buildingis not available for use by third-parties, (ii) Sublessee submits to Landlord will request Tenantfor Landlord’s prior written approval, such approval (which approval shall not to be unreasonably withheld, conditioned or delayed, the desired location on the roof to install the equipment and the make, model and specifications of the equipment, (iii) of Sublessee, at Sublessee’s expense, shall install, maintain and remove the equipment in coordination with Landlord’s rooftop consultant; provided, however, that Landlord, at Sublessee’s expense, shall have the right, but not the obligation, to install, maintain and/or remove the equipment, (iv) Sublessee shall indemnify and hold Landlord, its successors, assigns, agents, licensees and invitees harmless from any work activity and all damages, costs, claims, expenses, actions (including reasonable attorneys’ fees) in connection with the Building riser shafts or pathwaysequipment, per unless resulting from Landlord’s negligence; and (v) Sublessee shall indemnify and hold Tenant, its successors, assigns, agents, licensees and invitees harmless from any and all damages, costs, claims, expenses, actions (including reasonable attorneys’ fees) in connection with the equipment, unless resulting from Tenant’s 100% Uptime Protocolsnegligence. Upon the expiration or sooner termination of the Term, as defined Sublessee shall be responsible for removing the equipment from the roof and described in Rider One. If Tenant no longer leases for any costs to repair the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior damage to doing any work in the riser spaceroofing system resulting from such removal.

Appears in 1 contract

Samples: Lease Agreement (Osiris Therapeutics, Inc.)

Telecommunications Equipment. Tenant shall have At any time during the right to utilize and accessLease Term, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to install, at Tenant’s cost and subject to availability the terms of this Lease, including this Article 22, and “Applicable Laws,” as that term is defined in Landlord’s reasonable discretionArticle 24, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In additionbelow, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipmentinstall, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s sole cost and expense, one (1) certain personal property infrastructure of Tenant’s which services Tenant’s critical systemsor more satellite dishes and other telecommunications equipment (collectively, including the right to secure its data equipment therein with either cage or cabinet. In addition, throughout “Telecommunications Equipment”) upon the Term Tenant will always have the right, at all times, to the exclusive use roof of the Base Building Generator SystemBuildings. In no event shall Tenant be obligated to pay Landlord be responsible any rental for that portion of the cost to repair, maintain or replace any roof of Tenant’s data/telecom equipment, including, including without limitation, cabling for the same. Tenant shall have Buildings on which the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Building, provided that Tenant Telecommunications Equipment shall be solely responsible for located. The physical appearance, location and all specifications of the repairs, maintenanceTelecommunications Equipment shall be subject to Landlord’s reasonable approval, and replacement of the same Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Any rooftop penetrations required shall also be subject to the approval of Landlord, which shall not be unreasonably withheld. All contractors performing work on the roof of the Buildings shall be subject to the prior approval of Landlord, which shall not be unreasonably withheld. Tenant shall be responsible, at Tenant’s sole cost and expense, for (i) obtaining all permits or other governmental approvals required in connection with the Telecommunications Equipment, and (ii) repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Laws. In no event shall Tenant permit the Telecommunications Equipment to interfere with the Building Structure. Tenant shall be responsible for any and all installation costs, repair and maintenance costs, and compliance with laws costs associated with Tenant’s Telecommunications Equipment. Tenant’s indemnity of Landlord, as set forth in this Lease, shall be applicable to any and all Claims associated with or related to the Telecommunications Equipment. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant’s sole cost and expense, remove the Telecommunications Equipment, repair any associated damage, and restore the affected roof to the condition existing prior to Tenant’s installation of the subject equipment. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere in elects to exercise its right to install the BuildingTelecommunication Equipment, at Tenant’s option then Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecure, shall give Landlord shall coordinate access to the areas where such equipment is located with Tenant prior notice thereof and in accordance with Tenant’s security procedures. So long as Tenant leases the entire Building, Landlord will request Tenant’s prior approval (which approval shall not be unreasonably withheld, conditioned or delayed) of any work activity in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser spaceLandlord.

Appears in 1 contract

Samples: Office Lease (Childrens Place Retail Stores Inc)

Telecommunications Equipment. At any time during the Lease Term, subject to the terms of this Lease, including this Section 26.41, Tenant shall have the right to utilize and access, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to may install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit and the right to install armored cabling. The sharing of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In addition, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipment, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s sole cost and expense) certain personal property infrastructure of , telecommunication devices to meet Tenant’s which services telecommunication needs at the Premises (the “Telecommunications Equipment”) upon the roof of the Building. Tenant shall not be obligated to pay any rent or fee to Landlord for its use of the roof pursuant to this Section 26.41. Notwithstanding the foregoing, Tenant shall also pay all costs incurred by Landlord or Tenant for Tenant’s critical systems, use of the Building utilities in connection with the Telecommunications Equipment (including the right to secure its data equipment therein with either cage cost of any separate metering requested by Landlord), including, without limitation, any electricity, water, gas, or cabinetheating, ventilation, or air conditioning. In addition, throughout Tenant shall directly pay for all costs in connection with the Term Tenant will always have construction, installation, operation, maintenance, repair, replacement, and insurance of the right, at all times, Telecommunication Equipment. Tenant’s right to utilize the roof of the Building pursuant to the exclusive use terms hereof shall be non-exclusive; provided that any telecommunications equipment installed by Landlord on the roof of the Base Building Generator System. In shall (i) be reasonably screened by Landlord, (ii) in no event shall Landlord be responsible for the cost to repair, maintain or replace any of unreasonably interfere with Tenant’s data/telecom equipmentview from the Premises through any skylights located on the roof of the Building, including(iii) in no event contain third party branding which is visible from the exterior of the Building, including without limitation, cabling for the same. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”iv) wherever located in be proportionally and reasonably allocated between the Building and to all Automatic Transfer Switches the Other Building if more than two (“ATS”2) wherever located telecommunication devices are installed by Landlord in the Building, provided that Tenant Project which are not for the benefit of the tenants of the Project. The physical appearance and all specifications of the Telecommunications Equipment shall be solely responsible for subject to Landlord’s reasonable approval, the repairs, maintenancelocation of any such installation of the Telecommunications Equipment shall be designated by Landlord, and replacement of the same Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. In Further, Tenant hereby agrees to attach the event Telecommunications Equipment to the roof in accordance with Landlord’s Project standard method therefor. Tenant has unsecured telecommunications equipment and/or cabling anywhere in the Buildingshall be responsible, at Tenant’s option Tenant may use commercially reasonable efforts sole cost and expense, for (i) obtaining all permits or other governmental approvals required for or in connection with the Telecommunications Equipment, (ii) repairing and maintaining and causing the Telecommunications Equipment to secure such equipment and/or cabling. During any period of time as such equipment and/or cabling remains unsecurecomply with all Laws, Landlord shall coordinate access and (iii) prior to the expiration or earlier termination of this Lease, removal of the Telecommunications Equipment and all associated wiring (and the restoration of all affected areas where such to the condition existing prior to the installation thereof). In no event shall Tenant permit the Telecommunications Equipment to interfere with the systems of the Project or any other communications or other equipment is located at or servicing the Building or Project. Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with or arising from any cause related to Tenant’s installation, use, repair or maintenance or any other matter relating to or in connection with the Telecommunications Equipment. Subject to Landlord’s reasonable and non-discriminatory rules and regulations (including, without limitation, Landlord’s reasonable notice requirements), Tenant shall be permitted to access the roof of the Building in order to install, repair and maintain its Telecommunications Equipment. The rights set forth in this Section 26.41 shall be personal to Original Tenant and in accordance with Tenant’s security procedures. So long as Tenant leases the entire Buildingany Permitted Transferee Assignee, Landlord will request Tenant’s prior approval (which approval shall and may not be unreasonably withheldassigned to or utilized by any assignee, conditioned sublessee, transferee or delayed) of any work activity in the Building riser shafts or pathways, per Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser spaceother party.

Appears in 1 contract

Samples: Office Lease (GoodRx Holdings, Inc.)

Telecommunications Equipment. Tenant shall have At any time during the right to utilize and accessLease Term, at no cost to Tenant, any conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Building or to any permitted service provider. Landlord specifically approves of and consents to Tenant’s current use of all conduit space and/or vertical pathway space as of the Commencement Date. In the event that Building conduits are insufficient for Tenant’s needs, Landlord shall permit the Tenant to install, at Tenant’s cost and subject to availability in Landlord’s reasonable discretion, additional conduits. Tenant shall have the right to encase any riser cabling in new conduit TCCs of this Article 22 and the right to install armored cabling. The sharing Article 8 of conduits between service providers or future tenants, if any, shall not be permitted. Tenant will also require the right to determine which provider Tenant elects and require that Landlord grant free Building access to such provider. Tenant shall have the exclusive right, at no material cost to Tenant, to utilize for cabling and data switch purposes, all of the Building risers. In additionthis Lease, Tenant shall have the exclusive right to use all of the equipment rooms throughout the Building (“TR”) for installation and operation of data/telecom equipmentinstall, for access to the Telecom Riser and in order to repair, replace and/or maintain (at Tenant’s 's sole cost and expense) certain personal property infrastructure , but without the payment of Tenant’s which services Tenant’s critical systemsany Rent or a license or similar fee or charge, satellite dish(s), antenna(s), microwave antenna(s), and/or other equipment servicing the business conducted by Tenant from within the Premises (all such equipment, including non-telecommunication equipment is, for the right sake of convenience, defined collectively as the "TELECOMMUNICATIONS EQUIPMENT") upon up to secure its data equipment therein with either cage or cabineteighty percent (80%) of the usable space on the roof of the Building ("TENANT'S ROOFTOP SPACE") in a configuration to be mutually and reasonably determined by Landlord and Tenant. In additionThe physical appearance and the size of the Telecommunications Equipment shall be subject to Landlord's reasonable approval, throughout the Term particular location of any such installation of the Telecommunications Equipment shall be designated by Tenant will always have the rightsubject to Landlord's reasonable approval and Landlord may require Tenant to install screening around such Telecommunications Equipment, at all timesTenant's sole cost and expense, to the exclusive use of the Base Building Generator System. In no event shall Landlord be responsible for the cost to repair, maintain or replace any of Tenant’s data/telecom equipment, including, including without limitation, cabling for the sameas reasonably designated by Landlord. Tenant shall have the right at all times to access and to the exclusive use of all Network Point of Presence rooms (“NETPOP”) wherever located in the Building and to all Automatic Transfer Switches (“ATS”) wherever located in the Buildingmaintain such Telecommunications Equipment, provided that Tenant shall be solely responsible for the repairs, maintenance, and replacement of the same at Tenant’s 's sole cost and expense. In the event Tenant has unsecured telecommunications equipment and/or cabling anywhere elects to exercise its right to install the Telecommunication Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Telecommunications Equipment, provided, however, such reimbursement shall not exceed Five Hundred and No/100 Dollars ($500.00) per approval. Tenant shall remove such Telecommunications Equipment upon the Building, at Tenant’s option Tenant may use commercially reasonable efforts to secure such equipment and/or cabling. During any period expiration or earlier termination of time as such equipment and/or cabling remains unsecure, Landlord this Lease and shall coordinate access return the affected portion of the rooftop and the Building to the areas where condition the rooftop and the Building would have been in had no such equipment is located with Tenant Telecommunications Equipment been installed (reasonable wear and in accordance with Tenant’s security procedurestear accepted). So long as Tenant leases the entire BuildingSuch Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord, Landlord will request Tenant’s prior approval (which approval shall will not be unreasonably withheld, conditioned conditioned, or delayed. Such Telecommunications Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations, and CC&Rs. Tenant shall not be entitled to license its Communication Equipment to any unrelated third party (other than a Permitted Transferee in connection with a Transfer), nor shall Tenant be permitted to receive any revenues, fees or any other consideration (except pursuant to charges for Tenant's business services which are provided via such Telecommunications Equipment) for the use of any work activity in such Telecommunication Equipment by an unrelated third party. Tenant's right to install such Telecommunication Equipment shall be exclusive with regard to Tenant's Rooftop Space; provided, however, Tenant hereby expressly acknowledges Landlord's continued right to itself utilize the Building riser shafts remaining rooftop space; provided, however, such Landlord use shall not materially interfere with (or pathways, per preclude the installation of) Tenant’s 100% Uptime Protocols, as defined and described in Rider One. If Tenant no longer leases the entire Building, Landlord will provide Tenant written notice at least two (2) Business Days prior to doing any work in the riser space's Telecommunications Equipment.

Appears in 1 contract

Samples: Office Lease (Fair Isaac Corp)

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