Common use of Telecommunications Equipment Clause in Contracts

Telecommunications Equipment. At any time during the Lease Term, subject to the terms of this Lease, Tenant may, (i) install, at Tenant's sole cost and expense, two (2) 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 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 reasonable approval), and 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 (including, without limitation, approval by the Federal Aviation Administration), (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 this 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. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this Lease.

Appears in 2 contracts

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

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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 may, (i) may install, at Tenant's ’s sole cost and expense, up to two (2) communications dishes of up to 24" in diametersatellite dishes, or one (1) communications antenna satellite antennae or comparable communications 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 not penthouse. Tenant’s right 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 utilize the roof for connection of Tenant'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 penthouse pursuant to the installation of the Telecommunications Equipment terms hereof 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 theretonon-exclusive. The physical appearance and all specifications of the Telecommunications Equipment shall be subject to Landlord's ’s reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Landlord (subject to Tenant's reasonable approval)Landlord, and Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant's ’s sole cost and expense, as reasonably designated by Landlord. Tenant shall be responsible, at Tenant's ’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)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 this Lease, removal of the Telecommunications Equipment and all associated wiring, 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). The 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 constitute Specialty Improvements 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 elects to exercise its right to install the Telecommunication Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall pay a monthly fee equal to $750 for purposes each piece of Section 8.5 Telecommunications Equipment installed by Tenant (the “Telecommunications Fee”) for use of this Leaseeach 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. In connection with the foregoing, Tenant hereby acknowledges and agrees that the Telecommunications Fee shall be increased on each anniversary of the Lease Commencement Date pursuant to the preceding sentence and not on the date upon which Tenant installs the applicable Telecommunications Equipment.

Appears in 2 contracts

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

Telecommunications Equipment. At Tenant shall have the right to utilize and access, at no cost to Tenant, any time during conduit space and/or vertical pathway required in order to connect Tenant’s voice/data cabling between its leased floors in the Lease TermBuilding 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, subject Landlord shall permit the Tenant to the terms of this Lease, Tenant may, (i) install, at Tenant's ’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) communications dishes of up Business Days prior 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 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 doing any work 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 reasonable approval), and 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 (including, without limitation, approval by the Federal Aviation Administration), (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 this 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. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this Leaseriser space.

Appears in 2 contracts

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

Telecommunications Equipment. At any time during Sublessee shall have the Lease Term, subject non-exclusive right to the terms of this Lease, Tenant may, (i) install, at Tenant's sole cost enter upon and expense, two (2) communications dishes of up to 24" in diameter, or one (1) communications antenna or comparable communications equipment upon utilize the roof of the Building for the purposes of installing, maintaining and repairing any equipment or utilities required in its operation of its business in the Leased Premises; provided that (i) such equipment is used solely in connection with Sublessee’s business in the Leased Premises and is not to exceed 48" in heightavailable for use by third-parties, (ii) use Sublessee submits to Landlord for Landlord’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed, the Building telecommunications rooms and risers desired location on the roof to install (A) two (2) two inch (2") diameter ridged metal conduits from the Building MPOE to equipment and the Premisesmake, model and (B) one (1) two inch (2") conduit from the Premises to the roof for connection of Tenant'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 approvalequipment, the location of any such installation of the Telecommunications Equipment shall be designated by Landlord (subject to Tenant's reasonable approval), and Landlord may require Tenant to install screening around such Telecommunications Equipmentiii) Sublessee, at Tenant's sole cost and Sublessee’s expense, as reasonably designated by shall install, maintain and remove the equipment in coordination with Landlord. Tenant shall be responsible’s rooftop consultant; provided, however, that Landlord, at Tenant's sole cost and Sublessee’s expense, for shall have the right, but not the obligation, to install, maintain and/or remove the equipment, (iiv) obtaining Sublessee shall indemnify and hold Landlord, its successors, assigns, agents, licensees and invitees harmless from any and all permits or other governmental approvals required damages, costs, claims, expenses, actions (including reasonable attorneys’ fees) in connection with the Telecommunications Equipment (includingequipment, without limitation, approval by the Federal Aviation Administration), (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Laws, unless resulting from Landlord’s negligence; and (iiiv) prior to 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 negligence. Upon the expiration or earlier sooner termination of this Leasethe Term, removal of Sublessee shall be responsible for removing the Telecommunications Equipment equipment from the roof and all associated wiring, and for any costs to repair the restoration of all affected areas of the Building damage to the condition existing prior to the installation thereof, including restoration of any roof penetrations. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this Leaseroofing system resulting from such removal.

Appears in 1 contract

Samples: Lease Agreement (Osiris Therapeutics, Inc.)

Telecommunications Equipment. At Subject to the receipt of Master Landlord’s express written consent, Sublandlord agrees that, at any time during the Lease Sublease Term, subject Subtenant shall have the non-exclusive right to the terms of this Lease, Tenant may, (i) install, at Tenant's Subtenant’s sole cost and expense, two (2) communications dishes a satellite dish and/or antennae in an area 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" (“Roof Location”) reasonably designated by Master Landlord and conduits, cables, risers, feeders and materials in heightthe shafts, (ii) use ducts, conduits, chases, utility closets and other facilities of the Building telecommunications rooms and risers as is reasonably necessary to install (A) two (2) two inch (2") diameter ridged metal conduits from connect the Building MPOE satellite dish and/or antennae to the Premises, Subleased Premises and Subtenant’s other machinery and equipment therein. (B) one (1) two inch (2") conduit from the Premises to the roof for connection of Tenant's rooftop equipment to the Premises (all such equipment, installations and connections, collectively, the "Telecommunications “Telecommunication Equipment"). The use of ”) solely for its own use; provided, however, any such areas of the Building for the installation of the Telecommunications Equipment shall be for the sole use of Tenant completed by Subtenant at its cost in connection accordance with its business in the Premises, and shall be without the payment of any additional Base Rent or Direct Expenses with respect theretoall applicable laws. The physical appearance and all specifications location of the Telecommunications any exterior Telecommunication Equipment shall be subject to Master Landlord's ’s reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Landlord (subject to Tenant's reasonable approval), and Master Landlord may require Tenant Subtenant to install screening around such Telecommunications Equipmentexterior equipment, at Tenant's Subtenant’s sole cost and expense, as reasonably designated by Master Landlord. Tenant Subtenant shall be responsible, maintain such Telecommunication Equipment at Tenant's Subtenant’s sole cost and expense. In addition, for (i) obtaining all permits or other governmental approvals required in connection with Subtenant’s use of the Telecommunications Equipment (including, without limitation, approval by shall not interfere with any other entities’ telecommunications equipment located on or in the Federal Aviation Administration), (ii) installing, repairing and maintaining and causing Building at the time Subtenant installs the Telecommunications Equipment thereon or therein. In the event Subtenant elects to comply 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 roof shall be coordinated in advance with all Applicable Laws, and (iii) prior to Master Landlord. Upon the expiration or earlier termination of this LeaseSublease, removal of the Subtenant shall remove its Telecommunications Equipment and all associated wiringperform any reasonably requested repairs and patching, at Subtenant’s expense; provided, however, Subtenant shall not be required to make any repairs required because of ordinary wear and tear on the restoration of all affected areas of the Building to the condition existing prior to the installation thereof, including restoration of any roof penetrations. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this Leaseroof.

Appears in 1 contract

Samples: Sublease (Demand Media Inc.)

Telecommunications Equipment. At any time during the Lease Term, subject to the terms TCCs of this Article 22 and Article 8 of this Lease, Tenant may, (i) may install, at Tenant's ’s sole cost and expense, two (2) communications dishes but without the payment of any Rent or a license or similar fee or charge, 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 (Bi) one (1) two eight foot (8’)-satellite dish, (ii) three (3) eighteen inch (2"18”) conduit 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 the Premises to the roof for connection of Tenant's rooftop equipment to within the Premises (all such equipment, installations and connectionsincluding non-telecommunication equipment is, collectivelyfor the sake of convenience, defined collectively as the "Telecommunications Equipment"). The use of such areas ”) upon the roof 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 theretoBuilding. The physical appearance and all specifications the size of the Telecommunications Equipment shall be subject to Landlord's ’s reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Landlord (Tenant subject to Tenant's Landlord’s reasonable approval), approval and Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant's ’s sole cost and expense, as reasonably designated by Landlord. Tenant shall be responsiblemaintain such Telecommunications Equipment, at Tenant's ’s sole cost and expense. In the event Tenant elects to exercise its right to install the Telecommunication Equipment, for 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 (i$500.00) obtaining all permits or other governmental approvals required in connection with the per approval. Tenant shall remove such Telecommunications Equipment (including, without limitation, approval by the Federal Aviation Administration), (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Laws, and (iii) prior to upon the expiration or earlier termination of this Lease, removal Lease and shall return the affected portion of the Telecommunications Equipment rooftop 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 penetrationsrooftop and the Building would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear accepted). The Such Telecommunications Equipment shall constitute Specialty Improvements be installed pursuant to plans and specifications approved by Landlord, which approval will not be unreasonably withheld, 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 purposes the use of Section 8.5 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 this Leaseany rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Telecommunications Equipment.

Appears in 1 contract

Samples: Office Lease (Memec Inc)

Telecommunications Equipment. At any time during the Lease Term, subject to the terms of this Lease, including this Article 22, and “Applicable Laws,” as that term is defined in Article 24, below, Tenant may, (i) shall have the exclusive right to install, at Tenant's ’s sole cost and expense, two (2) communications dishes of up to 24" in diameter, or one (1) communications antenna or comparable communications more satellite dishes and other telecommunications equipment (collectively, the “Telecommunications Equipment”) upon the roof of the Building not Buildings. In no event shall Tenant be obligated 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 pay Landlord any rental for that portion of the roof for connection of Tenant'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 Buildings on which 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 theretolocated. The physical appearance appearance, location and all specifications of the Telecommunications Equipment shall be subject to Landlord's ’s reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Landlord (subject to Tenant's reasonable approval), and Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant's ’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 ’s sole cost and expense, for (i) obtaining all permits or other governmental approvals required in connection with the Telecommunications Equipment (includingEquipment, without limitation, approval by the Federal Aviation Administration), and (ii) installing, 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 (iii) prior 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, removal of Tenant shall, at Tenant’s sole cost and expense, remove the Telecommunications Equipment and all Equipment, repair any associated wiringdamage, and restore the restoration of all affected areas of the Building roof to the condition existing prior to Tenant’s installation of the installation thereofsubject equipment. In the event Tenant elects to exercise its right to install the Telecommunication Equipment, including restoration of any roof penetrations. The Telecommunications Equipment then Tenant shall constitute Specialty Improvements for purposes of Section 8.5 of this Leasegive Landlord prior notice thereof and Landlord.

Appears in 1 contract

Samples: Office Lease (Childrens Place Retail Stores Inc)

Telecommunications Equipment. At Prior to shipping any time during Item of Telecommunications Equipment, Vendor shall provide Impsat with at least three (3) days written notice. If there are delays in the Lease Termconstruction and completion of the Functional Unit, subject Network Subsystem or Network Element Facility which will contain such Item of Telecommunications Equipment, and such delays are substantially attributable to the terms of this LeaseVendor, Tenant may, (i) installVendor shall, at Tenant's sole cost and expensethe request of Impsat, two (2) communications dishes of up to 24" in diameter, or one (1) communications antenna or comparable communications equipment upon delay 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 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 shipment of the Telecommunications Equipment contained in such Functional Unit, Network Subsystem or Network Element Facility for a period of time equal to the length of the delay. If Impsat does not request a delay in the shipment of such Item of Telecommunications Equipment, then Vendor shall ship such Item of Telecommunications Equipment and invoice Impsat for the price thereof. The total Price for each Item of Telecommunications Equipment shipped pursuant to this Agreement shall be for the sole use of Tenant paid 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 United States Dollars by Impsat to Vendor as follows: (i) [ ] percent ([ ]%) of the total Price for such Item of Telecommunications Equipment, as a down payment, as stipulated in Section 9.3(a); (ii) [ ] percent ([ ]%) of the total Price for such Item of Telecommunications Equipment, upon shipment of such Item of Telecommunications Equipment and presentation of Vendor's commercial invoice, accompanied by documentary evidence of shipment; (iii) [ ] percent ([ ]%) of the total Price for such Item of Telecommunications Equipment, within thirty (30) calendar days the Installation thereof; (iv) [ ] percent ([ ]%) of the total Price for such Item of Telecommunications Equipment, no later than thirty (30) calendar days after Provisional Acceptance of the Subnetwork; and (v) the remaining [ ] percent ([ ]%) of the total Price for each Item of Telecommunications Equipment shall be subject to Landlord's reasonable approval, the location paid out in four equal payments of any such installation [ ] percent ([ ]%) of the Telecommunications Equipment shall be designated by Landlord (subject to Tenant's reasonable approval), and Landlord may require Tenant to install screening around total Price for such Item of 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 (including, without limitation, approval by the Federal Aviation Administration), (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 this 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. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this Lease.first

Appears in 1 contract

Samples: Turnkey Project Agreement (Impsat Corp)

Telecommunications Equipment. At (a) All telephone and telecommunications services desired by Tenant shall be ordered and utilized at the sole expense of Tenant. Unless Landlord otherwise consents in writing (such consent not to be unreasonably withheld, conditioned or delayed), all of Tenant’s Telecomm Equipment shall be and remain solely in the Premises and the telephone closet(s) designated by Landlord. Landlord shall have no responsibility for the maintenance of Tenant’s Telecomm Equipment. Landlord shall have the right, upon reasonable prior notice to Tenant (except in the event of an emergency), to interrupt or turn off telecommunications facilities as necessary in connection with repairs to the Building or installation of telecommunications equipment for other tenants (provided, however, that, except in an emergency, Landlord shall schedule interruptions or shutoffs outside of Building Hours and shall give Tenant reasonable advance notice thereof). Tenant shall not utilize any time during wireless communications equipment (other than usual and customary cellular telephones), including antennae and satellite receiver dishes, at the Lease TermPremises or the Building, without Landlord’s prior written consent, which may be granted or withheld in Landlord’s reasonable discretion; provided, however, that Tenant may install and use a wireless intranet, Internet and/or communications network in the Premises (a “Wi-Fi Network”) so long as said Wi-Fi Network does not cause any interference with other tenants in the Building or the normal operations of the Building, including, but not limited to, interference with other communications equipment. (b) Landlord may manage directly or may retain a third party service provider to manage the riser space in the Building. If Tenant does not wish to retain a telecommunications provider already providing service in the Building and if space is then available in the Building for an additional provider, Tenant shall have the right to select its own telecommunications provider (“ Tenant’s Telecom Provider”) on the condition that Tenant and Tenant’s Telecom Provider comply with all of the policies and procedures for telecommunications providers in the Building. Tenant’s Telecom Provider is subject to the reasonable approval of Landlord (or its designated riser manager) and Tenant’s Telecom Provider must execute Landlord’s standard form of access agreement. Subject to compliance with the terms of this LeaseSection, Tenant mayLandlord approves Verizon as Tenant’s Telecom Provider. Landlord shall have the right to charge fees to Tenant’s Telecom Provider in connection with the services being performed by Tenant’s Telecom Provider at the reasonable, prevailing rates, from time to time, then being charged by Landlord to other telecommunication service providers in the Building. Subject to: (i) installthe foregoing provisions of this Section 6.5(b), at Tenant's sole cost and expense, two (2) 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 terms of the access agreement between Landlord and risers Tenant’s Telecom Provider, and (iii) compliance with the provisions of Section 2.1 above and the Landlord’s construction rules, regulations and procedures, Landlord shall permit Tenant’s Telecom Provider (x) to install (A) two (2) two inch (2") diameter ridged metal conduits from the Building MPOE cabling to the Premises, and (By) one (1) two inch (2") conduit from to have access to the Premises to the roof for connection of Tenant's rooftop equipment to the Premises (all such install telecommunications equipment, using Tenant’s proportionate share of available space in the risers pursuant to Section 2.1 above. All such installations and connections, collectively, the "Telecommunications Equipment"). The use of such areas of the Building for the installation of the Telecommunications Equipment replacements from time to time shall be for made by Tenant or the sole use of Tenant applicable service provider in connection accordance with its business in the Premises, Article IX 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 reasonable approval), and 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 (including, without limitation, approval by the Federal Aviation Administration), (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 this 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. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this Lease6.5.

Appears in 1 contract

Samples: Office Lease Agreement (Qualtrics International Inc.)

Telecommunications Equipment. At any time during Landlord shall provide Tenant with reasonable and adequate space on the Lease Termroof of the Building for Tenant's telecommunications equipment, subject to the terms of this Lease, which Tenant may, (i) install, may install at Tenant's sole cost and expense, two provided however, that (2i) communications dishes of up to 24" in diameterthe size, or one (1) communications antenna or comparable communications location and plans and 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 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, such approval not to be unreasonably withheld or delayed, (ii) the location installation and maintenance thereof shall be subject to the Development Approvals, the Subsequent Approvals and limitations of any applicable law, including without limitation, the Cambridge Zoning Ordinance, as amended from time to time and (iii) the use of such telecommunications equipment shall be limited to Tenant in the conduct of the Permitted Uses and not as a principal or accessory use of the Premises. Tenant shall secure all permits and approvals necessary for the installation of such equipment at its sole cost and expense. Upon the Telecommunications Equipment expiration or sooner termination of the Term of this Lease, Tenant shall be designated by Landlord (subject to Tenant's reasonable approval), remove such equipment and Landlord may require Tenant to install screening around repair any damage resulting from such Telecommunications Equipment, removal at Tenant's sole cost and expense, as reasonably designated by Landlord. provided however, that Tenant shall leave all cabling and wiring for its telecommunications equipment, but such cabling and wiring shall be responsible, at appropriately and safely capped by Tenant. The installation of such equipment shall be deemed to be part of Tenant's sole cost Work 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 comply with all Applicable Laws, and (iii) prior to the expiration or earlier termination provisions of this Lease, removal including insurance provisions, shall be applicable thereto. WITNESS the execution hereof under seal as of the Telecommunications Equipment 18th day of January, 2001. LANDLORD: XXXXXXX SQUARE, LLC By: Lyme Properties LLC, a New Hampshire limited liability company, its Manager /s/ Xxxxx X. Xxxx ----------------- Xxxxx X. Xxxx, Member TENANT: VERTEX PHARMACEUTICALS INCORPORATED By: /s/ Xxxxxx X. Xxxxx ------------------- Its: Chief Executive Officer hereunto duly authorized EXHIBIT A Plan Showing Complex [Plan] EXHIBIT A-1 Legal Description (to be provided by Landlord) EXHIBIT A-2 Plan Showing Lot (to be provided by Landlord) EXHIBIT A-3 Confirmation of Commencement Date And Rentable Square Footage Reference is made to that certain Lease dated December ____, 2000 (the "Lease") by and all associated wiringbetween XXXXXXX SQUARE, LLC ("Landlord"), a Delaware limited liability company, and VERTEX PHARMACEUTICALS INCORPORATED ("Tenant"), a Massachusetts corporation, for certain space in Building A located at Cambridge Research Park, Cambridge, Massachusetts (the restoration "Premises"). In accordance with the terms and provisions of all affected areas the above-referenced Lease, Landlord and Tenant hereby confirm the following as of the date hereof: The Commencement Date of the Lease is ___________ ____, 2002. A. The rentable square footage of the Premises is _______ square feet. B. The rentable square footage of the Building is _______ square feet. C. Tenant's Proportionate Fraction for Building is ___%. D. Tenant's Proportionate Fraction for Complex is ___%. Agreed and Accepted as of the Commencement Date: VERTEX PHARMACEUTICALS INCORPORATED By:__________________________________________________ Title:_______________________________________________ Date of Execution:__________________________, 0000 XXXXXXX XXXXXX, LLC By:__________________________________________________ Title:_______________________________________________ Date of Execution __________________________, 2002 EXHIBIT B Base Building Description Part I hereof sets forth the elements of the fire protection, plumbing, HVAC, electrical and subslab venting systems for the Building. Part II hereof sets forth guidelines which are to serve as a source of information for the Landlord's design team as more fully set forth in Part II hereof. Anything in Part II to the condition existing prior contrary notwithstanding, Landlord and Tenant acknowledge and agree that, as currently contemplated, the Building will not include a basement, but that a basement may be included in the Building if Landlord and Tenant hereafter agree to include a basement in the installation thereofBuilding, including restoration of any roof penetrations. The Telecommunications Equipment which agreement with respect thereto shall constitute Specialty Improvements for purposes of Section 8.5 of require an amendment to this Lease. PART I FIRE PROTECTION o New water service with double check valve assembly and alarms. o Distribution risers and mains. o Common areas shall be finished with recessed heads. o Tenant area shall have upright heads. PLUMBING o New water service with meter. o Cold water distribution to toilet cores.

Appears in 1 contract

Samples: Lease (Vertex Pharmaceuticals Inc / Ma)

Telecommunications Equipment. At a. Provided no Default then exists under the Lease, and provided further that Tenant complies with all zoning and other municipal and county rules and regulations, throughout the Term and any time during renewal thereof, Tenant shall have the Lease Termright, without any rent being charged, at its own cost and expense and subject to the terms of this Leasehereof, Tenant may, (i) to install, at Tenant's sole cost operate and expense, two (2) communications dishes of up to 24" in diameter, or one (1) communications antenna or comparable communications equipment upon maintain on the roof of the Building Building, microwave satellite dishes and/or antennae (collectively "Dishes"). Such Dishes must be used exclusively for Tenant's personal use and may not to exceed 48" in heightbe sold to, (ii) use the Building telecommunications rooms transferred, or utilized by a third party. Tenant shall be solely responsible for obtaining any necessary permits and risers licenses required to install (A) two (2) two inch (2") diameter ridged metal conduits from and operate the Building MPOE Dishes throughout. Copies of such permits and licenses shall be provided to Landlord. b. The size, location, design and manner of installation of the PremisesDish and all related wiring shall be approved by Landlord, and (B) one (1) two inch (2") conduit from the Premises which approval shall not be unreasonably withheld, conditioned or delayed. After obtaining written approval of Landlord, Tenant shall have reasonable access to the roof for installation and maintenance of the Dish and shall have the right to install all reasonable wiring related thereto. However, unless otherwise approved by Landlord in writing, which approval shall not be unreasonably withheld, conditioned or delayed, in no event shall Tenant be permitted to penetrate the roof membrane in connection with the installation or maintenance of Tenant's rooftop equipment the Dish. c. Tenant represents and warrants that the installation and maintenance of the Dish will not cause any damage to the Premises (all such equipment, installations and connections, collectively, the "Telecommunications Equipment"). The use of such areas structural portions of the Building Building. Tenant shall be responsible for repairing any such damages to the structure. d. Tenant shall install, operate and maintain the Dish in accordance with all federal, state and local laws and regulations. Prior to installation of the Telecommunications Equipment shall be for Dish, Tenant shall, on behalf of the sole installer, provide Landlord with a certificate of insurance reasonably satisfactory to Landlord. e. Tenant reserves the right to discontinue its use of Tenant in connection with its business in the Premises, and shall be without Dish at any time prior to the payment of any additional Base Rent or Direct Expenses with respect thereto. The physical appearance and all specifications termination of the Telecommunications Equipment shall be subject Lease or any renewal or extension thereof for any reason whatsoever, provided that Tenant gives thirty (30) days prior written notice thereof to Landlord's reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Landlord (subject to Tenant's reasonable approval), and 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 responsibleresponsible for all costs of removal and for restoring the Building to its original condition after such removal. Notwithstanding the foregoing, at Tenant's sole cost and expense, for Tenant agrees within five (i5) obtaining all permits days after written notice from Landlord to remove the Dish in the event any governmental entity 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 applicable law or regulation requires removal thereof or Tenant fails to comply with the terms stated herein. Such removal or relocation shall be in accordance with all Applicable Lawsof the terms and conditions set forth herein. If Tenant elects not to remove the Dish from the Building, and (iii) prior to the upon expiration or earlier termination of this Lease, removal or after expiration of the Telecommunications Equipment five (5) day notice period provided herein, the Dish shall be deemed abandoned by Tenant and shall become the property of Landlord. f. Any language in the Lease notwithstanding, Landlord shall not be liable and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all associated wiringliability, damages (including but not limited to personal injury, death, or property damages), costs, expenses, and the restoration of all affected areas of the Building to the condition existing prior to the installation thereofattorneys' fees incurred by Landlord arising from any Dish related cause whatsoever, including restoration of any roof penetrations. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this Leasethose arising from the installation, use, maintenance and removal thereof.

Appears in 1 contract

Samples: Office Lease Agreement (KMC Telecom Holdings Inc)

Telecommunications Equipment. At Tenant, at its sole cost and expense, shall have the non-exclusive right (it being understood that Landlord may grant, extend or renew similar rights to others) to install, maintain, and from time to time replace a satellite dish or telecommunications antennae (a "DISH") on the roof of the Building, provided that prior to commencing any time during the Lease Term, subject to the terms of this Lease, installation or maintenance. Tenant may, shall (i) installobtain 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 for its internal use, (iv) not grant any right to use of the Dish to any other party, and (v) obtain, at Tenant's sole cost and expense, two (2) communications dishes of up to 24" in diameterany necessary federal, 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 Premisesstate, and (B) one (1) two inch (2") conduit from the Premises municipal permits, licenses and approvals, and deliver copies thereof to the Landlord. Landlord may supervise or perform any roof for connection of Tenant's rooftop equipment penetration related 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 reasonable approval)a Dish, and Landlord may require charge the cost thereof to Tenant. Tenant 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 install screening around such Telecommunications Equipmentlabel each cable or wire placed by Tenant in the telecommunications pathways of the Building, at Tenant's sole cost and expense, with identification information as reasonably designated required by Landlord. Tenant shall be responsiblerepair 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 sole cost and expenseexpense upon the expiration or termination of this Lease. Tenant agrees that the Dish, for (i) obtaining all permits and any wires, cables or other governmental approvals required connections relating thereto, and the installation, maintenance and operation thereof shall in connection no way interfere with the Telecommunications Equipment use and enjoyment of the Building, or the operation of communications ("including, without limitation, approval other satellite dishes) or computer devices by Landlord or by other tenants or occupants of the Federal Aviation Administration)Project. If such interference shall occur, Landlord shall give Tenant written notice thereof and Tenant shall correct the same within twenty-four (ii24) installinghours of receipt of such notice. Landlord reserves the right to disconnect power to any Dish if Tenant fails to correct such interference within twenty-four (24) hours after such notice. Landlord makes no warranty or representation that the Building or any portions thereof are suitable for the use of a Dish, repairing it being assumed that Tenant has satisfied itself thereof. Tenant shall protect, defend, indemnify and maintaining hold harmless Landlord and causing the Telecommunications Equipment to comply with all Applicable LawsLandlord's Agents from and against claims, damages, liabilities, costs and (iii) prior to the expiration expenses of every kind and nature, including attorneys' fees, incurred by or earlier termination asserted against Landlord arising out of this LeaseTenant's installation, maintenance, replacement, use or 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. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this LeaseDish.]

Appears in 1 contract

Samples: Lease (Limelight Networks, Inc.)

Telecommunications Equipment. At 32.1 If legally permitted, Tenant shall have the right to 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 time during event, that the Lease Termdesign specifications shall include such modifications to the roof and shall be incorporated in the cost of installation as herein provided. In the event 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 plans and specifications until the same shall be redesigned to eliminate Landlord’s objection. With respect to any such redesign of the roof, 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 be paid for at the sole cost and expense of the Tenant and shall not be included as part of the Operating Expenses. Tenant shall furnish detailed plans and specifications for the Telecommunications Equipment to Landlord for its 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) on the roof or on the ground at such location as is designated by Landlord in the least conspicuous location of all acceptable locations in which the Telecommunications Equipment might be located. 32.2 Upon approval of Tenant’s plans and specifications, the Telecommunications Equipment shall be installed by Tenant at its sole cost and expense and utilizing Landlord’s roofing contractor, subject to reasonable supervision by Landlord with respect thereto. Such cost and expense shall include obtaining any special permits that may be required by governmental authority in connection with such installation, including any reasonable cost attributable to the terms processing thereof. Subsequent to the installation of the Telecommunications Equipment, Tenant shall comply with all applicable laws and keep the Premises, Building and Land free and clear from liens arising from or related to Tenant’s installation. Any cables, conduits or other physical connections between the Telecommunications Equipment and the Premises shall be concealed within permanent walls, floors, columns and ceilings of the Building and in the shafts of the Building provided for such installations, not damaging the appearance of the Building or reducing the usable or rentable space of the Building. Any installation or maintenance work performed by Tenant, or at Tenant’s direction, shall be performed without unreasonably interfering with Landlord’s or any other tenant’s use of the Building, and upon completion of such installation and maintenance (initially and from time to time), Tenant shall restore such portions of the Building to a condition reasonably comparable to that existing prior to such installation or maintenance. Tenant shall be responsible for procuring whatever licenses, approvals or permits may be required for the installation and use of the Telecommunications Equipment and the related support systems or operation of any equipment served thereby, and Landlord makes no warranties whatsoever as to the permissibility of such systems under applicable laws. Tenant’s Telecommunications Equipment shall not constitute a nuisance, or interfere with the operations of Landlord or other tenants of the Building. Upon termination or expiration of this Lease, Tenant may, (i) installshall remove any Telecommunications Equipment installed by it, at Tenant's sole cost and its expense, two (2) communications dishes of up to 24" in diameter, or one (1) communications antenna or comparable communications equipment upon the roof of and shall repair and restore the Building not to exceed 48" in heighta condition comparable to that existing prior to such installation. Landlord reserves the right to relocate said Telecommunications Equipment at Landlord’s sole expense, (ii) use provided that such relocation shall have no adverse impact on 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 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 operations 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 reasonable approval), and 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 (including, without limitation, approval by the Federal Aviation Administration), (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 this 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. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Jackson Hewitt Tax Service Inc)

Telecommunications Equipment. At any time during the Lease Term, subject Subject to the terms of this LeaseTenant obtaining and maintaining all required governmental licenses and other approvals, Tenant may, (i) shall have the right to install, at Tenant's ’s sole cost and expense, two (2) communications dishes of up to 24" in diameter, or one (1) communications antenna or comparable communications satellite dish (of approximately eighteen inches (18”) in diameter) and related telecommunications equipment (collectively, the “Telecommunications Equipment”) upon the roof of the Building 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 Telecommunications Equipment. Landlord and Tenant shall mutually and reasonably agree upon the location on the roof where Tenant shall install the Telecommunications Equipment, provided that Tenant shall be responsible for determining the sufficiency of the 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 exceed 48" void Landlord’s roof warranty. Tenant shall maintain all such Telecommunications Equipment at Tenant’s sole cost and may access the Building roof from time to time, at its sole risk, solely for such purpose. The Telecommunications Equipment shall be only for Tenant’s use in heightconnection 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 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 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 installation, maintenance or 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 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 reasonable approval), and 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 (including, without limitation, approval by the Federal Aviation Administration), (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Lawsprecautions and safeguards recommended by all governmental authorities, and (iii) prior pay for all necessary repairs, replacements to or maintenance of Tenant’s Telecommunications Equipment. Tenant, at Tenant’s sole cost, shall remove all of the Telecommunications Equipment by the expiration or earlier termination of this LeaseLease and repair any damage to the roof, removal of the Telecommunications Equipment and all associated wiring, Building 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. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this LeaseReal Property caused by such removal.

Appears in 1 contract

Samples: Office Lease (Intervoice Inc)

Telecommunications Equipment. At Upon, prior to or after completion of the Fourth Floor Expansion Premises, Tenant shall have the right, to 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 statutes, (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 time during 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 Lease TermTelecommunications Equipment in compliance with all applicable codes, subject ordinances, and statutes and for any damage to the terms 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 may, (i) install, at Tenant's sole cost will remove the Telecommunications Equipment and expense, two (2) 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 cabling from the Building MPOE risers, along with any ancillary equipment or structures and shall repair any damage to the Premises, and (B) one (1) two inch (2") conduit from the Premises Building, or any other improvements to the roof for connection of Tenant's rooftop equipment to the Premises (all such equipment, installations and connections, collectively, the "Telecommunications Equipment")Property caused thereby. The use of such areas of the Building for the installation of Tenant covenants that the Telecommunications Equipment shall will not emit radiation in excess of that which may 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 permitted under applicable law 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 reasonable approval), and Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant's sole cost and expenseregulation, as reasonably designated by Landlord. Tenant shall same may be responsiblemodified from time to time, at Tenant'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 regulations of the Federal Aviation 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 the Property to continue to use and enjoy any telecommunications or other equipment, Landlord will not knowingly perform (iior fail to perform) installingany act or permit any tenant, repairing occupant or licensor of the Property, and maintaining their respective employees and causing 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, 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 permit to the fullest extent possible Tenant to continue to use the Telecommunications Equipment to comply in an unimpeded and uninterrupted manner. Except in the case of emergency, Landlord shall provide Tenant with all Applicable Laws, and written notice at least three (iii3) Business days prior to the expiration date that Landlord intends to shut down the power or earlier termination of this Leaseother Building services. In the event that Landlord so shuts down the power or other Building services, removal in no event and under no circumstances shall Tenant's use of the Telecommunications Generator, the Rooftop Equipment or the Supplement HVAC Systems be impeded or interrupted unless such power or other Building services are shut down as a result of an emergency. Landlord shall act reasonably 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. The Telecommunications Equipment shall constitute Specialty Improvements in good faith for purposes of Section 8.5 determining whether a state of this Leaseemergency exists sufficient to require the power or other Building services to be shut down from time to time.

Appears in 1 contract

Samples: Lease Agreement (Interland Inc)

Telecommunications Equipment. At any time during Tenant shall have the Lease Term, subject non-exclusive right to the terms of this Lease, Tenant may, (i) install, at Tenant's sole cost enter upon and expense, two (2) communications dishes of up to 24" in diameter, or one (1) communications antenna or comparable communications equipment upon utilize 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 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 purposes of the Telecommunications Equipment shall be for the sole use installing, maintaining and repairing any equipment or utilities required in its operation of Tenant in connection with its business in the Premises; provided that (i) such equipment is used solely in connection with Tenant’s business in the Premises and is not available for use by third-parties, (ii) Tenant submits to Landlord for Landlord’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed, the desired location on the roof to install the equipment and shall be without the payment of any additional Base Rent or Direct Expenses with respect thereto. The physical appearance make, model and all specifications of the Telecommunications Equipment equipment, (iii) 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 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 area referred to as the “satellite yard” and conduits connecting it to the Building, and Landlord 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 Landlord's reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Landlord (subject to Tenant's reasonable approval), and 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 (including, without limitation, approval by the Federal Aviation Administration), (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 this 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. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this Lease53.

Appears in 1 contract

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

Telecommunications Equipment. At any time during Notwithstanding the terms and provisions of the Lease Termto the contrary, if Tenant requires the use of telecommunications services, including, without limitation, satellite service, Internet access, credit card verification or other data transmission equipment (collectively, the “Telecommunications Equipment”), then upon fifteen (15) days advance written notice to Landlord and subject to the terms of this Leaseavailable capacity and Tenant’s compliance with all applicable Laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may, (i) install, at Tenant's sole cost and expense, two (2) communications dishes of up shall have the non-exclusive right to 24" in diameter, or one (1) communications antenna or comparable communications equipment upon place such Telecommunications Equipment on the roof of the Building not in a location approved by Landlord. The Telecommunications Equipment and Tenant’s right 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 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 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 shall be for the sole use of to provide services to any party other than Tenant and its subtenant(s)’ employees and clients in connection with its business in business, or to transmit to any other location other than 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 constitute work and shall be designated by Landlord (performed in accordance with and subject to Tenant's reasonable approval)the provisions of Article 8 above, and Landlord may require Tenant the portion of the roof of the Building affected by the Telecommunications Equipment shall be deemed to install screening around such 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 provisions of the Lease with respect to Tenant’s obligations hereunder shall apply to the installation, use and maintenance of the Telecommunications Equipment, at Tenant's sole including without limitation, provisions relating to compliance with requirements as to insurance, indemnity, repairs and maintenance. The 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 of the Telecommunications Equipment (including, without limitation, approval by the Federal Aviation Administration), (ii) and all costs of installing, repairing and maintaining and causing removing the Telecommunications Equipment to comply with all Applicable Laws, and (iii) prior to shall be borne solely by Tenant. Upon the expiration of the Lease Term or upon any earlier termination of this Lease, removal Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlord, remove the Telecommunications Equipment Equipment, repair and all associated wiringdamage caused thereby, and restore the restoration of all affected areas of the Building roof to the condition existing prior to the installation thereofof the Telecommunications Equipment, including restoration of any roof penetrations. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this Leasereasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (Zendesk, Inc.)

Telecommunications Equipment. At any time during 14.1 Lessor hereby grants Lessee the Lease Term, subject to the terms of this Lease, Tenant may, (i) installexclusive right, at Tenant's Lessee’s sole cost and expense, two (2) communications dishes and subject to the provisions of up this Paragraph 14, to 24" in diameter, or install one (1) communications antenna or comparable communications equipment upon satellite dish (the “Satellite Dish”), with a non-penetrating roof mount on the roof of the Building Premises in a location designated by Lessor and reasonably approved by Lessee, and subject to Lessor’s prior receipt review and approval of the plans and specifications for the Satellite Dish and related connection equipment. In addition, Lessee shall have the right, subject to the capacity of the building in which the Premises is located (the “Building”), to install such connection equipment, such as conduits, cables, risers, feeders and materials (collectively the “Connecting Equipment”) in the shafts, ducts, conduits, chases, utility closets and other facilities of the Premises as is reasonably necessary to connect the Connecting Equipment and/or Satellite Dish to Lessee’s other machinery and equipment in the Building, subject however, to the provisions of Paragraph 14.2 below, and subject to the availability of vertical riser and feeder excess capacity, as reasonably determined by Lessor. 14.2 The installation of the Satellite Dish and related Connecting Equipment (hereinafter referred to together and/or separately as the “Transmission and/or Reception Equipment”) shall be performed in a good and workmanlike manner according to the approved plans and specifications, and the Transmission and/or Reception Equipment shall be treated for all purposes of this Lease as Lessee’s property. For the purposes of determining Lessee’s obligations with respect to its use of the roof of the Building, all of the provisions of this Lease relating to compliance with requirements as to insurance, indemnity, repairs and maintenance and compliance with laws shall apply to the installation, use and maintenance of the Transmission and/or Reception Equipment. 14.3 Lessee shall install, use, maintain and repair the Transmission and/or Reception Equipment so as not to exceed 48" in heightdamage the mechanical, (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 Premiseselectrical, and (B) one (1) two inch (2") conduit from the Premises to the roof for connection plumbing, HVAC or communications systems of Tenant's rooftop equipment to the Premises (all such equipment, installations collectively the “Systems and connections, collectively, Equipment”) or any equipment located on the "Telecommunications Equipment"). The roof of the Premises and Lessee’s use of such areas the roof shall be limited to the installation, maintenance and repair of the Building for Transmission and/or Reception Equipment; Lessee hereby agrees to indemnify, defend and hold Lessor harmless from and against any and all claims, costs, damages, expenses and liabilities (including reasonable attorney’s fees) arising out of Lessee’s failure to comply with the installation provisions of the Telecommunications Equipment this Paragraph 14.3. 14.4 Lessor shall be for the sole use of Tenant in connection with its business in the Premises, and shall be without the payment of not have any additional Base Rent or Direct Expenses obligations with respect theretoto the Transmission and/or Reception Equipment or compliance with any requirements relating thereto nor shall Lessor be responsible for any damage that may be caused to the Transmission and/or Reception Equipment unless and to the extent caused by the negligent or intentional acts of Lessor, its agents, employees, or contractors. The physical appearance Lessor makes no representation that the Transmission and/or Reception Equipment will be able to receive or transmit communication signals without interference or disturbance and all specifications of the Telecommunications Equipment Lessee agrees that Lessor shall not be subject liable to Landlord's reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Landlord (subject to Tenant's reasonable approval), and Landlord may require Tenant to install screening around such Telecommunications EquipmentLessee therefor. 14.5 Lessee, at Tenant's Lessee’s sole cost and expense, shall maintain such equipment and install such fencing and other protective equipment on or about the Transmission and/or Reception Equipment as Lessor may reasonably designated by Landlorddetermine to be appropriate. Tenant Further Lessee at Lessee’s sole expense shall be responsibleresponsible for abnormal wear and tear to the roof area affected by the Transmission and/or Receptor Equipment installation or utilization. Lessee’s failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Lessor to exercise any and all remedies available to Lessor pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Lessor shall have the right to remove the Transmission and/or Receptor Equipment, at Tenant's sole cost and Lessee’s expense, for . 14.6 Lessee shall (i) obtaining all permits be solely responsible for any damage caused as a result of the Transmission and/or Reception Equipment, (ii) promptly pay any tax, license or other governmental approvals required permit fees charged pursuant to any requirements in connection with the Telecommunications installation, maintenance or use of the Transmission and/or Reception Equipment (including, without limitation, approval by the Federal Aviation Administration), (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Lawsprecautions and safeguards recommended by any governmental authority, and (iii) prior make necessary repairs, replacements or maintenance of the Transmission and/or Reception Equipment. 14.7 If any of the conditions set forth in this Paragraph 14 are not complied with by Lessee, then without limiting Lessor’s rights and remedies it may otherwise have under the Lease, Lessee shall, upon written notice from Lessor, have the obligation either to (i) reposition the Transmission and/or Reception Equipment to a location designated by Lessor (if Lessor elects to permit such repositioning), and make the repairs and restorations required under Paragraph 14.8 below, or (ii) otherwise correct such noncompliance within ten (10) days after receipt of notice (or such longer period as may be reasonably required as long as Lessee commences such correction within such ten (10) day period and diligently prosecutes same to completion). If Lessee fails to correct such noncompliance within such ten (10) day period (as may be extended as set forth above), then Lessee shall immediately discontinue its use of the Transmission and/or Reception Equipment and remove the same, in all events at Lessee’s sole expense. 14.8 Upon the expiration or earlier termination of this the Lease, removal Lessee shall, subject to the control and direction of Lessor, remove the Transmission and/or Reception Equipment, repair any damage caused thereby, and restore the roof and other facilities of the Telecommunications Equipment and all associated wiring, and the restoration of all affected areas of the Building Premises to the their condition existing prior to the installation thereofof the Transmission and/or Reception Equipment. 14.9 Lessee’s rights pursuant to this Paragraph 14 shall be personal to the original Lessee signing this Second Amendment or any Permitted Transferee, including restoration and shall be null, void and of any roof penetrations. The Telecommunications Equipment shall constitute Specialty Improvements for purposes no further force or effect as of Section 8.5 of this Leasethe date that Lessee assigns.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease Net (Acadia Pharmaceuticals Inc)

Telecommunications Equipment. At any time during the Lease Term, subject to the terms of this LeaseSection 24.16, Tenant may, (i) shall have the exclusive right to install, at Tenant's ’s sole cost and expense, two satellite or microwave dishes or other communication equipment (2the “Telecommunications Equipment”) 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 extent the Premises to the roof same is reasonably necessary for connection of Tenant'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 used in connection with its Tenant’s business in operations at the Premises, and . Tenant shall be without the payment of comply with any additional Base Rent roof or Direct Expenses with respect theretoroof-related warranties. The physical appearance and all specifications the size of the Telecommunications Equipment shall be subject to Landlord's reasonable approval’s written approval prior to installation (which approval will not unreasonably be withheld, conditioned or delayed) any covenants, conditions, or restrictions currently encumbering the location of Premises and, any applicable laws. Tenant shall maintain such installation of the Telecommunications Equipment shall be designated by Landlord (subject to Tenant's reasonable approval), in good condition and Landlord may require Tenant to install screening around such Telecommunications Equipmentrepair, at Tenant's ’s sole cost and expense. The cost of the Telecommunications Equipment, as reasonably designated by Landlord. Tenant including but not limited to the permitting, installation, maintenance and removal thereof shall be responsible, at Tenant's ’s sole cost and expense. If Tenant fails to maintain its Telecommunications Equipment, for (i) obtaining all permits or other governmental approvals required in connection with the if Tenant fails to remove such Telecommunications Equipment (including, without limitation, approval by the Federal Aviation Administration), (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Laws, and (iii) prior to the expiration or earlier upon termination of this Lease, removal or fails to repair any damage caused by such removal, Landlord may do so at Tenant’s expense. Tenant shall on demand reimburse Landlord for all actual, documented and reasonable 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 (including reasonable attorneys’ fees and disbursements) arising directly or indirectly out of the Tenant’s Telecommunications Equipment and all associated wiring, and the restoration or any failure to perform any of all affected areas of the Building to the condition existing prior to the installation thereof, including restoration of any roof penetrations. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of its obligations under this Section 8.5 of this Lease24.16.

Appears in 1 contract

Samples: Lease Agreement (Fate Therapeutics Inc)

Telecommunications Equipment. At any time during the Lease Term, subject to the terms TCCs of this Article 22 and Article 8 of this Lease, Tenant may, (i) may install, at Tenant's sole cost and expense, two (2) communications dishes but without the payment of any Rent or a license or similar fee or charge, up to 24" in diameter, or one (1) communications antenna or comparable communications 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 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 designated by Landlord for connection of Tenant'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 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 Landlord (Tenant subject to TenantLandlord's reasonable approval), approval and 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 responsiblemaintain such Telecommunications Equipment, at Tenant's sole cost and expense. In the event Tenant elects to exercise its right to install the Telecommunication Equipment, for (i) obtaining all permits or other governmental approvals required in connection with the then Tenant shall give Landlord prior notice thereof. Tenant shall remove such Telecommunications Equipment (including, without limitation, approval by the Federal Aviation Administration), (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Laws, and (iii) prior to upon the expiration or earlier termination of this Lease, removal Lease and shall return the affected portion of the Telecommunications Equipment rooftop 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 penetrationsrooftop and the Building would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear accepted). The Such Telecommunications Equipment shall constitute Specialty Improvements be installed pursuant to plans and specifications approved by Landlord, which approval will not be unreasonably withheld, 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 purposes the use of Section 8.5 of this Lease.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 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 installation of) Tenant's Telecommunications Equipment. XXXXXX REALTY 571981.06/WLA 0000 Xxxxxxxxx Xxxxx X0000-000/0-0-000xx/xxx -43-[STMicroelectronics, Inc.]

Appears in 1 contract

Samples: Sublease Agreement (Affymetrix Inc)

Telecommunications Equipment. At any time during the Lease Term, subject to the terms TCCs of this Article 22 and Article 8 of this Lease, Tenant may, (i) and/or its Permitted Transferee may install, at Tenant's sole cost and expense, but without the payment of any Rent or a license or similar fee or charge, up to two (2) satellite or microwave dishes (or similar substitute communications dishes of up to 24" in diameter, or one equipment) directly servicing the business conducted by Tenant from within the Premises (1all such equipment is defined collectively as the "Telecommunications Equipment") 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 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 theretoBuilding. The physical appearance and all specifications 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 Landlord (Tenant subject to TenantLandlord's reasonable approval), approval and 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 responsiblemaintain such Telecommunications Equipment, at Tenant's sole cost and expense. In the event Tenant elects to exercise its right to install the Telecommunication Equipment, for (i) obtaining all permits or other governmental approvals required then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in connection with the approving such Telecommunications Equipment. Tenant shall remove such Telecommunications Equipment (including, without limitation, approval by the Federal Aviation Administration), (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Laws, and (iii) prior to upon the expiration or earlier termination of this Lease, removal Lease and shall return the affected portion of the Telecommunications Equipment rooftop 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 penetrationsrooftop and the Building would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear excepted). The Such Telecommunications Equipment shall constitute Specialty Improvements be installed pursuant to plans and specifications approved by Landlord, which approval will not be unreasonably withheld, 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 purposes the use of Section 8.5 of this Lease.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 (a) Subject to the terms and conditions of this Lease, Landlord hereby grants Tenant may, (i) the non-exclusive right to install, at Tenant's sole cost maintain and expense, two (2) communications dishes of up to 24" in diameter, or operate during the Term one (1) communications antenna or comparable communications satellite dish of less than thirty-six inches (36") in diameter and related equipment upon ("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"), provided, the Antenna Equipment (i) does not to exceed 48" in heightadversely affect the structure of the Building, the roof system of the Building, the warranty for the roof of the Building or the safety of the Building; (ii) use does not adversely affect the electrical, mechanical or any other system of the Building telecommunications rooms and risers to install or the functioning thereof; (Aiii) two (2) two inch (2") diameter ridged metal conduits from does not interfere with the operation of the Building MPOE or the provision of services or utilities to other tenants in the PremisesBuilding, (iv) does not exceed the capacity of the Building or the roof of the Building as reasonably determined by Landlord, and (Bv) one is otherwise approved by Landlord in writing (1which approval shall not be unreasonably denied, 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 the requirements in the previous sentence and is not materially larger than the existing Antenna Equipment. If Tenant does elect to replace the existing Antenna Equipment in accordance with the previous sentence, such replacement equipment shall be deemed Antenna Equipment for purposes of this Paragraph 22. Landlord shall not be entitled to any fee from Tenant in connection with the license granted to Tenant pursuant to this Paragraph. (b) two inch (2") conduit from the Premises Landlord hereby grants to Tenant non-exclusive access to the roof Building’s pathways, shafts, risers, raceways, conduits, available telephone closets, service areas or utility connections and entries into and through the Building owned or under the control of Landlord (the “Communications Spaces and Pathways”) to install such wiring (the “Telecom Cabling”) therein as may be necessary for connection of Tenant to connect Tenant's rooftop equipment ’s Antenna Equipment to the Premises (all subject to such equipmentrules and regulations as may be promulgated by Landlord from time to time), installations and connectionsprovided that such Telecom Cabling (i) does not adversely affect the structure or safety of the Building; (ii) does not adversely affect the electrical, collectively, the "Telecommunications Equipment"). The use of such areas mechanical or any other system of the Building for or the installation functioning thereof; and (iii) does not interfere with the operation of the Building or the provision of services or utilities to Tenant or any other tenant of the Building. The Antenna Equipment and the Telecom Cabling shall hereinafter be collectively referred to as the “Telecommunications Equipment”. (c) Tenant shall install, operate, maintain and remove the Telecommunications Equipment shall be for in compliance with the sole use of Tenant in connection with its business in the Premises, Permits (as hereinafter defined) and shall be without the payment all present and future rules and regulations of any additional Base Rent local, State or Direct Expenses Federal authority having jurisdiction 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 reasonable approval), and 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 (including, without limitation, approval by the rules and regulations of the Federal Communications Commission (“FCC”), the Federal Aviation AdministrationAdministration (“FAA”), the Occupational Safety and Health Administration (ii) installing, repairing and maintaining and causing “OSHA”); the Telecommunications Equipment to comply with all Applicable Lawsbeing permitted under the laws, rules and (iii) prior to regulations of the expiration District of Columbia and any other governmental and quasi-governmental authorities having appropriate jurisdiction over the Building or earlier termination of this Lease, removal Tenant’s use of the Telecommunications Equipment and all associated wiring, and the restoration Equipment. Tenant shall use commercially reasonable efforts to deliver to Landlord written proof of all affected areas of the Building to the condition existing prior to the installation thereof, including restoration of any roof penetrations. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this Leasecompliance within twenty (20) days after Landlord’s written request.

Appears in 1 contract

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

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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 may, (i) may install, at Tenant's sole cost and expense, two (2) communications dishes but without the payment of up to 24" in diameterany Rent or a license or any fee or charge, a satellite or one (1) communications antenna microwave dish, antennae or comparable communications other communications, HVAC or other equipment upon servicing 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 business conducted by Tenant 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 rooftop equipment to within the Premises (all such equipment, installations and connectionsincluding non-telecommunication equipment is, collectivelyfor the sake of convenience, defined collectively as the "Telecommunications EquipmentTELECOMMUNICATIONS EQUIPMENT"). The use of such areas ) upon the roof 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 theretoBuilding. The physical appearance and all specifications 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 Landlord (Tenant subject to TenantLandlord's reasonable approval), approval and 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 responsiblemaintain such Telecommunications Equipment, at Tenant's sole cost and expense. In the event Tenant elects to exercise its right to install the Telecommunication Equipment, for (i) obtaining all permits or other governmental approvals required then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs as defined in connection with the Section 6.2 reasonably incurred by Landlord in approving such Telecommunications Equipment. Tenant shall remove such Telecommunications Equipment (including, without limitation, approval by the Federal Aviation Administration), (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Laws, and (iii) prior to upon the expiration or earlier termination of this Lease. Such Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord, removal which approval will not be unreasonably withheld. Such Telecommunications Equipment shall, 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 an 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 a floor in the Building. Tenant's right to place Telecommunications Equipment on the roof of the Building pursuant to this Article 22 shall be exclusive; provided, however, Landlord shall retain the right to install rooftop communications equipment for Landlord's internal use; provided Landlord shall not unreasonably interfere with Tenant's 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 Landlord shall be responsible for any roof penetrations. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this Leasedamage caused thereby.

Appears in 1 contract

Samples: Office Lease (Newgen Results Corp)

Telecommunications Equipment. At any time during Tenant shall have the Lease Term, subject right to the terms of this Lease, Tenant may, (i) install, at Tenant's ’s sole cost and expensecost, two a satellite dish or similar antennae (2“Telecommunications Equipment”) communications dishes of up to 24" in diameter, or one (1) communications antenna or comparable communications equipment upon on the roof of the Building not as set forth in this Article 26, subject to exceed 48" in the prior written approval of Landlord as to the number, weight, design, configuration, height, (ii) footprint, and visual impact of said dish or antennae, which approval shall not be unreasonably withheld or delayed, but which approval may be reasonably conditioned. The parties expressly agree that Tenant’s rights to use the Building telecommunications rooms and risers Roof for Telecommunications Equipment hereunder are personal to install (A) two (2) two inch (2") diameter ridged metal conduits from the Building MPOE to actual occupant of the Premises, and may not be sublet or assigned to any third party or used for any purpose other than the occupant’s actual business needs (Be.g. Tenant may not use the roof as a County of Sonoma MDTS site, 911 site, or general communications site or facility). Tenant shall have the right to install, operate and maintain the Telecommunications Equipment on or about the Premises, the Building and the roof of the Building, subject to Landlord’s prior written approval as described in the preceding sentence. In installing the Telecommunications Equipment, Tenant shall adhere to industry standards for installation and workmanship, all work to be completed to Landlord’s reasonable satisfaction. Landlord reserves the right to have its roofing inspector supervise and review installation(s) one (1) two inch (2") conduit from to ensure the Premises integrity of the roof structure is maintained. In addition, the installation of such Telecommunications Equipment shall not cause damage to the Building or roof for connection of Tenant's rooftop equipment to and the Premises (all such equipment, installations and connections, collectively, use shall not result in excessive electrical use or diminish the "Telecommunications Equipment"). The use of such areas rentable square footage of the Building for the installation or square footage 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 reasonable approval), and Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant's sole cost and expense, as reasonably designated by Landlordroof. Tenant shall be responsibleresponsible for procuring whatever consents, approvals, licenses or permits that may be required for the installation, use, operation and removal of the Telecommunications Equipment, and said installation, use, operation and removal shall comply with applicable Laws and Orders. Tenant shall at all times and at Tenant's ’s sole cost and expense, expense be responsible 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 comply with all Applicable Laws, and (iii) prior to the expiration or earlier termination of this Lease, removal proper maintenance of the Telecommunications Equipment and all associated wiring, governmental permits and approvals required in connection therewith. At the restoration of all affected areas expiration or sooner termination of the Building to the condition existing prior to the installation thereofLease Term, including restoration of any roof penetrations. The Tenant shall remove all Telecommunications Equipment shall constitute Specialty Improvements for purposes and patch the roof area beneath the Telecommunications Equipment to a comparative condition as of Section 8.5 of this Leasethe Effective Date.

Appears in 1 contract

Samples: Office Lease

Telecommunications Equipment. At any time during During the Lease Term, subject to the terms of this Lease, Tenant may, (i) install, at Tenant's sole cost and expense, shall have the right to install a maximum of two (2) communications antennas and/or satellite dishes on the roof of up the Building, with each antenna not to 24" in diameter, or exceed one (1) communications antenna meter in diameter or comparable communications equipment upon the roof of height, and to make associated connections through the Building not to exceed 48" as required 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 rooftop equipment to the Premises 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 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 business in the Premises, and shall be without the payment of any additional Base Rent or Direct Expenses with respect thereto. The location and physical appearance and all specifications of the Telecommunications Equipment Equipment, including the manner of attachment to the Building, 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 reasonable approval), and 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 (including, without limitation, approval by the Federal Aviation Administration)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 this 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. The in the event Tenant elects to exercise its right to install the Telecommunication Equipment, then Tenant shall give Landlord prior notice thereof. If Tenant's Telecommunications Equipment causes interference with the use of any other equipment at the Building, Tenant shall constitute Specialty Improvements for purposes immediately remedy such interference. Tenant shall move the Telecommunications Equipment as reasonably required by Landlord in connection with any repair, maintenance or replacement of Section 8.5 of this Leasethe roof or roof system, at Tenant's sole cost and expense.

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 maymay for each of the Buildings, (i) install, at Tenant's sole cost and expense, two (2) communications dishes of 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 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 reasonable approval), and 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 (including, without limitation, approval by the Federal Aviation Administration), (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 this 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. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Mandatory Removal Items under Section 8.5 of this Leaseabove.

Appears in 1 contract

Samples: Office Lease (Roku, Inc)

Telecommunications Equipment. At any time during the Lease Term, subject to the terms TCCs of this ARTICLE 22 and ARTICLE 8 of this Lease, Tenant may, (i) may install, at Tenant's sole cost and expense, two (2) communications but without the payment of any Rent or a license or similar fee or charge, one or more satellite dishes of up to 24" in diameterand/or microwave dishes or other communications, HVAC or one (1) communications antenna or comparable communications other equipment upon servicing 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 business conducted by Tenant 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 rooftop equipment to within the Premises (all such equipment, installations and connectionsincluding non-telecommunication equipment is, collectivelyfor the sake of convenience, defined collectively as the "Telecommunications EquipmentTELECOMMUNICATIONS EQUIPMENT"). The use of such areas ) upon the roof 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 theretoBuilding. The physical appearance and all specifications 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 Landlord (Tenant subject to TenantLandlord's reasonable approval), approval and 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 responsiblemaintain such Telecommunications Equipment, at Tenant's sole cost and expense. In the event Tenant elects to exercise its right to install the Telecommunication Equipment, for 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 (i$500.00) obtaining all permits or other governmental approvals required in connection with the per approval. Tenant shall remove such Telecommunications Equipment (including, without limitation, approval by the Federal Aviation Administration), (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Laws, and (iii) prior to upon the expiration or earlier termination of this Lease, removal Lease and shall return the affected portion of the Telecommunications Equipment rooftop 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 penetrationsrooftop and the Building would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear accepted). The Such Telecommunications Equipment shall constitute Specialty Improvements for purposes be installed pursuant to plans and specifications approved by Landlord, which approval will not be unreasonably withheld, 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 Section 8.5 of this Leasethe rooftop shall be personal to the Original Tenant, its Affiliates and/or any Permitted Transferee.

Appears in 1 contract

Samples: Lease (Vical Inc)

Telecommunications Equipment. At any time during the Lease Term, subject Subject to the terms provisions of this Leasesection, Tenant may, (i) install, at Tenant's sole cost and expense, two (2) communications dishes may use a portion 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 and the utility risers within the Building telecommunications rooms 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 to install (A) two (2) two inch (2") diameter ridged metal conduits from within the Building MPOE required to connect the Telecommunications Equipment to the Premises, and (B) one (1) two inch (2") conduit from nor will such space be included in the Premises to the roof for connection calculation of Tenant's rooftop equipment to the Premises (all such equipment, installations and connections, collectively, the "Telecommunications Equipment")’s Share of Expenses. The use of such areas of the Building for the installation of Tenant will install the Telecommunications Equipment shall be for the sole use of Tenant only 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 a location of any such installation of the Telecommunications Equipment shall be designated by Landlord (subject to Tenant's reasonable approval), and Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant's sole cost and expense, as reasonably designated determined by Landlord. Tenant shall will be responsiblesolely 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 sole cost ’s expense) or as reasonably estimated by Landlord. Tenant’s installation, operation, maintenance, repair, replacement and expense, for (i) obtaining all permits or other governmental approvals required in connection removal of any Telecommunications Equipment must comply with the Telecommunications Equipment requirements of any Building roof warranties (including, without limitation, which may require the written approval by of the Federal Aviation Administrationprovider and beneficiary of such warranties), (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Lawsprovisions of Article 8 governing Alterations, and (iii) prior to the expiration or earlier termination all other terms and conditions of this Lease. In addition, Tenant will not install any Telecommunications Equipment without obtaining the 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 associated wiring, governmental approvals required for the Telecommunications Equipment and the restoration of otherwise complying with all affected areas of the Building to the condition existing prior to the installation thereof, including restoration of any roof penetrationsLaws related thereto. The Telecommunications Equipment shall constitute Specialty Improvements must not interfere with any Building equipment or any other tenants’ equipment. Upon prior written notice to Landlord, Tenant will be allowed reasonable access to the Telecommunications Equipment for purposes the purpose of Section 8.5 maintaining and servicing such equipment. All Telecommunications Equipment will remain the personal property of Tenant and will be installed, operated, maintained, repaired, replaced and removed at Tenant’s sole risk. Notwithstanding anything to the contrary in Article 8, the Telecommunications Equipment must be removed by Tenant at the end of the Term and all of the provisions of Article 16 of this LeaseLease will apply to the Telecommunications Equipment to the same extent as it applies to the other property of Tenant located in the Premises. All obligations of Tenant and rights of Landlord under this Section 17.9 will survive the expiration or other termination of this Lease without limitation.

Appears in 1 contract

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

Telecommunications Equipment. At any time It is agreed that during the Lease Term, subject to the terms Term of this Lease, Tenant may, telecommunications equipment and systems with associated antennae and cables (ithe "Telecommunications System(s)") installmay be installed and operated on the roof of the Building above the Premises, at Tenant's sole cost and expense, two but at no additional rental or occupancy charge. Prior to installation of the Telecommunications System(s), Tenant shall obtain Landlord's prior written approval, which will 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 (2it being hereby agreed by Tenant, for example and without limitation, that if the installation of any such Telecommunications System(s) communications dishes of up shall require alterations or improvements to 24" in diameter, or one (1) communications antenna or comparable communications equipment upon the roof of the Building not to exceed 48" in heightBuilding, (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 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 reasonable approval), and then Landlord may require that any such roof work 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 to install screening around such Telecommunications Equipmentshall, at Tenant's sole cost and expense, as reasonably designated by Landlordbe 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 (iobtaining and maintaining in effect at all times that such Telecommunications System(s) obtaining all permits or other governmental approvals required are in connection place liability and property insurance for the Telecommunications System(s) consistent with the Telecommunications Equipment (including, without limitation, approval by the Federal Aviation Administration), (ii) installing, repairing and maintaining and causing requirements set forth in Section 9.1 of this Lease. The location of the Telecommunications Equipment System(s) will be considered to comply with all Applicable Lawsbe 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 or Hall Office Park, Tenant shall use reasonable efforts, and (iii) prior shall cooperate with Landlord and other tenants, to promptly eliminate such interference. Tenant shall, upon the expiration or earlier termination of this Lease, removal of at Tenant's sole cost and expense, remove the Telecommunications Equipment System(s) and all associated wiring, and repair any damage to the restoration of all affected areas 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 condition existing prior to Telecommunications System(s) remaining on the installation thereofroof 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), including restoration so long as the amount of any roof penetrations. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this Leasespace required and utilized by Tenant in respect thereto does not exceed nine (9) square feet.

Appears in 1 contract

Samples: Office Lease Agreement (Jamba, Inc.)

Telecommunications Equipment. At any time during the Lease Term, subject to the terms of this Lease, Tenant maymay for each of the Buildings, (i) install, at Tenant's sole cost and expense, two (2) communications dishes of 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 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 reasonable approval), and 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 (including, without limitation, approval by the Federal Aviation Administration), (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 this 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. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Mandatory Removal Items under Section 8.5 of this Leaseabove.

Appears in 1 contract

Samples: Office Lease (Roku, Inc)

Telecommunications Equipment. At any time during the Lease Term, subject to the terms TCCs of this Article 22 and Article 8 of this Lease, Tenant may, (i) shall have the exclusive right to install, at Tenant's sole cost and expense, two (2) communications dishes but without the payment of up to 24" in diameterany Rent or a license or similar fee or charge, or one (1) communications antenna or comparable communications satellite dish(s), antenna(s), microwave antenna(s), and/or other equipment upon servicing 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 business conducted by Tenant 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 rooftop equipment to within the Premises (all such equipment, installations and connectionsincluding non-telecommunication equipment is, collectivelyfor the sake of convenience, defined collectively as the "Telecommunications EquipmentTELECOMMUNICATIONS EQUIPMENT"). The use ) upon up to eighty percent (80%) of such areas the usable space on the roof of the Building for the installation of the Telecommunications Equipment shall ("TENANT'S ROOFTOP SPACE") in a configuration to be for the sole use of Tenant in connection with its business in the Premises, mutually and shall be without the payment of any additional Base Rent or Direct Expenses with respect theretoreasonably determined by Landlord and Tenant. The physical appearance and all specifications the size of the Telecommunications Equipment shall be subject to Landlord's reasonable approval, the particular location of any such installation of the Telecommunications Equipment shall be designated by Landlord (Tenant subject to TenantLandlord's reasonable approval), approval and 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 responsiblemaintain such Telecommunications Equipment, at Tenant's sole cost and expense. In the event Tenant elects to exercise its right to install the Telecommunication Equipment, for 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 (i$500.00) obtaining all permits or other governmental approvals required in connection with the per approval. Tenant shall remove such Telecommunications Equipment (including, without limitation, approval by the Federal Aviation Administration), (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Laws, and (iii) prior to upon the expiration or earlier termination of this Lease, removal Lease and shall return the affected portion of the Telecommunications Equipment rooftop 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 penetrationsrooftop and the Building would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear accepted). The Such Telecommunications Equipment shall constitute Specialty Improvements be installed pursuant to plans and specifications approved by Landlord, which approval will not be unreasonably withheld, 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 purposes Tenant's business services which are provided via such Telecommunications Equipment) for the use of Section 8.5 of this Leasesuch 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 remaining rooftop space; provided, however, such Landlord use shall not materially interfere with (or preclude the installation of) Tenant's Telecommunications Equipment.

Appears in 1 contract

Samples: Office Lease (Fair Isaac Corp)

Telecommunications Equipment. At any time during the Lease Term, subject to the terms of this LeaseArticle 43 and subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed, Tenant may, (i) shall have the exclusive right to install, at Tenant's ’s sole cost and expense, two satellite or microwave dishes or other communication equipment (2the “Telecommunications Equipment”) 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 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 theretoBuildings. The physical appearance and all specifications the size of the Telecommunications Equipment shall be subject to Landlord's reasonable approval’s written approval prior to installation, which approval will not unreasonably be withheld, any covenants, conditions, or restrictions encumbering the location of Premises and, any Applicable Laws. Tenant shall maintain such installation of the Telecommunications Equipment shall be designated by Landlord (subject to Tenant's reasonable approval), in good condition and Landlord may require Tenant to install screening around such Telecommunications Equipmentrepair, at Tenant's ’s sole cost and expense. The cost of the Telecommunications Equipment, as reasonably designated by Landlord. Tenant including but not limited to the permitting, installation, maintenance and removal thereof shall be responsible, at Tenant's ’s sole cost and expense. If Tenant fails to maintain its Telecommunications Equipment, for (i) obtaining all permits or other governmental approvals required in connection with the if Tenant fails to remove such Telecommunications Equipment (including, without limitation, approval by the Federal Aviation Administration), (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Laws, and (iii) prior to the expiration or earlier upon termination of this Lease, removal of the Telecommunications Equipment or fails to repair any damage caused by such removal, Landlord may do so at Tenant’s expense. Tenant 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 associated wiringsums disbursed, and the restoration of all affected areas of the Building to the condition existing prior to the installation thereofincurred or deposited by Landlord, including restoration 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 (including reasonable attorneys’ fees and disbursements) arising directly or indirectly out of Tenant’s failure to perform any roof penetrations. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of its obligations under this LeaseArticle 43.

Appears in 1 contract

Samples: Lease Agreement (Illumina Inc)

Telecommunications Equipment. At any time during the Lease Term, subject Subject to the terms and provisions of this LeaseSection 9.03, Tenant mayshall have the right, (i) without the obligation to pay additional rental, to install, at Tenant's sole cost or cause its vendors to install, operate, repair, and expense, two (2) communications dishes of up to 24" in diameter, or one (1) communications antenna or comparable communications equipment maintain upon the roof of the Building not to exceed 48" in heightBuilding, together with cabling and conduit therefor as permitted hereby, equipment transmitting telecommunications signals (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 rooftop equipment to the Premises (all such equipment, installations and connections, collectively, the "Telecommunications Equipment"). The use of such areas of the Building Such Telecommunications Equipment may be used by Tenant (and its permitted assignees and sublessees) solely for the installation purpose of the Telecommunications Equipment shall be receiving and transmitting signals for the sole use conduct of Tenant in connection with Tenant's (or, as the case may be, its business in the Premisespermitted assignees or sublessees) normal and customary business, and shall not be without used to transmit or receive signals for the payment benefit of any additional Base Rent or Direct Expenses with respect theretoother party. The physical appearance and all specifications of Prior to installing 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 reasonable approval), and Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant shall make a written request therefor to Landlord, which written request shall contain Tenant's sole cost designation and expense, as reasonably designated by Landlord. Tenant shall description of all equipment to 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 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 which shall be subject to the prior written approval by of Landlord which may be withheld or given in its reasonable discretion. In any event, before making any installations on the Federal Aviation Administration)roof of the Building, in order to prevent damage to the roof or avoiding other problems with enforcement of the warranty of the roof, 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) installingobtain 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, repairing Tenant will, at its sole cost and maintaining 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 causing the Telecommunications Equipment to comply risk of Tenant and shall do so in a good and workmanlike manner in compliance with all Applicable Lawsfederal, state and (iii) prior to local building, electric, telecommunications safety codes, ordinances, statutes, regulations and laws including, without limitation, those of the expiration or earlier termination of this LeaseFederal Communications Commission. Tenant, removal 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 associated wiringwire and antennae therefor, such relocation to be accomplished within thirty (30) days after written notice thereof from Landlord to Tenant. Tenant shall be solely responsible for all personal property 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 restoration roof by Tenant, its agents, contractors, employees, for the purpose of all affected areas installing and maintaining the Telecommunications Equipment or otherwise relating to the use or operation thereof. In no event shall Landlord be responsible for any interruption in services to the Telecommunications Equipment nor interference in the receipt or transmission of signals thereto or therefrom. Landlord agrees that it shall not, except as required by law, permit any other party to install, after the Execution Date, telecommunications equipment on the roof of the Building to which propagates a signal that materially interferes with the condition existing prior to operations of the installation thereofTelecommunications Equipment. Similarly, including restoration Tenant agrees that its Telecommunications Equipment shall not interfere with any telecommunications equipment on the roof of any roof penetrationsthe Building as of the Execution Date. The All design, construction, installation, maintenance and repair of the Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 of this LeaseTenant Work.

Appears in 1 contract

Samples: Lease Agreement (Bindview Development Corp)

Telecommunications Equipment. At any time during the Lease Term, subject to the terms of this Lease, including this Section 26.41, Tenant may, (i) may install, at Tenant's ’s sole cost and expense, two telecommunication devices to meet Tenant’s telecommunication needs at the Premises (2the “Telecommunications Equipment”) communications dishes of up to 24" in diameter, or one (1) communications antenna or comparable communications 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 use of the Building not utilities in connection with the Telecommunications Equipment (including the cost of any separate metering requested by Landlord), including, without limitation, any electricity, water, gas, or heating, ventilation, or air conditioning. In addition, Tenant shall directly pay for all costs in connection with the construction, installation, operation, maintenance, repair, replacement, and insurance of the Telecommunication Equipment. Tenant’s right to exceed 48" in heightutilize the roof of the Building pursuant to the terms hereof shall be non-exclusive; provided that any telecommunications equipment installed by Landlord on the roof of the Building shall (i) be reasonably screened by Landlord, (ii) use in no event unreasonably interfere with Tenant’s view from the Premises through any skylights located on the roof of the Building, (iii) in no event contain third party branding which is visible from the exterior of the Building, and (iv) be proportionally and reasonably allocated between the Building telecommunications rooms and risers to install (A) the Other Building if more than two (2) two inch (2") diameter ridged metal conduits from telecommunication devices are installed by Landlord in the Building MPOE to Project which are not for the Premises, and (B) one (1) two inch (2") conduit from the Premises to the roof for connection of Tenant's rooftop equipment to the Premises (all such equipment, installations and connections, collectively, the "Telecommunications Equipment"). The use of such areas benefit of the Building for the installation tenants 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 theretoProject. The physical appearance and all specifications of the Telecommunications Equipment shall be subject to Landlord's ’s reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Landlord (subject to Tenant's reasonable approval)Landlord, and Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant's ’s sole cost and expense, as reasonably designated by Landlord. Further, Tenant hereby agrees to attach the Telecommunications Equipment to the roof in accordance with Landlord’s Project standard method therefor. Tenant shall be responsible, at Tenant's ’s sole cost and expense, for (i) obtaining all permits or other governmental approvals required for or in connection with the Telecommunications Equipment (including, without limitation, approval by the Federal Aviation Administration)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 this Lease, removal of the Telecommunications Equipment and all associated wiring, wiring (and the restoration of all affected areas of the Building 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 at or servicing the Building or Project. Tenant shall indemnify, including restoration 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 any roof penetrationsthe Building in order to install, repair and maintain its Telecommunications Equipment. The Telecommunications Equipment rights set forth in this Section 26.41 shall constitute Specialty Improvements for purposes of Section 8.5 of this Leasebe personal to Original Tenant and any Permitted Transferee Assignee, and may not be assigned to or utilized by any assignee, sublessee, transferee or any other party.

Appears in 1 contract

Samples: Office Lease (GoodRx Holdings, Inc.)

Telecommunications Equipment. At any time during the Lease Term, subject 35.1 Subject to the terms requirements of this Article 35 and other applicable provisions of this Lease, Tenant may, at its sole cost and expense throughout the Term, install, maintain, repair, replace, alter and operate a satellite dish and related equipment similar to those customarily used by tenants of Class A office buildings in a multi-tenanted office building (collectively, the “Roof Top Equipment”) on an approximately 50 square foot portion of the roof of the Building in an area to be designated by Landlord (“Tenant’s Roof Top Equipment Area”), and transmission lines, wires, cables, risers and conduits (collectively, “Communications Conduits”) through conduit space in the Building designated by Landlord for the operation of the Roof Top Equipment, (the Roof Top Equipment and the Communications Conduits and any alterations thereto or replacements thereof being called herein collectively, the “Communications Equipment”). Tenant shall use the Communications Equipment only for transmitting and receiving information in connection with the business conducted by Tenant at the Premises. 35.2 To exercise said right, Tenant shall submit to Landlord for its approval (which shall not be unreasonably withheld) (i) installa detailed description of the proposed Communications Equipment and (ii) plans and specifications in form reasonably satisfactory to Landlord for the Communications Equipment. Said plans and specifications shall be in compliance with all Legal Requirements and Insurance Requirements. Within twenty (20) days after receipt of said description and said plans and specifications, Landlord shall notify Tenant whether Landlord approves or disapproves the installation of the proposed Communications Equipment. Tenant acknowledges that Landlord’s review and approval rights with respect to the Communications Equipment shall include, but shall not be limited to, consideration of the size, weight, effect on Building systems, effect on other tenants and occupants of the Building, aesthetics and manner of attachment and installation, and the effect on the character of the Property and Building. If Landlord disapproves the proposed Communications Equipment, Landlord shall specify the reasons for such disapproval in said notice. 35.3 Prior to commencing the installation of the Communications Equipment, Tenant shall obtain Landlord’s approval of the proposed contractor, which approval shall not be unreasonably withheld, conditioned or delayed, and Tenant shall deliver to Landlord a copy of all governmental approvals and permits required in connection with the installation of the Communications Equipment. Tenant agrees to construct the Communications Equipment strictly in accordance with the approved plans and specifications and to complete such work expeditiously, in a good and workmanlike manner, free and clear of all Liens and in compliance with all Legal Requirements and Insurance Requirements. Supplementing the foregoing, Tenant agrees further to comply with all other applicable provisions of this Lease with respect to the installation, maintenance, repair, alteration, use, operation and replacement of the Communications Equipment and access thereto, including, without limitation, Article 7, Article 10 and Article 11 hereof. 35.4 Tenant hereby covenants and agrees that (i) Tenant shall, at Tenant's its sole cost and expense, two (2) 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 comply with all Legal Requirements and risers to install (A) two (2) two inch (2") diameter ridged metal conduits from the Building MPOE to the Premises, Insurance Requirements and (B) one (1) two inch (2") conduit from the Premises to the roof for connection of Tenant's rooftop equipment to the Premises (procure and maintain all such equipment, installations necessary permits 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 reasonable approval), and 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 operation, installation, maintenance, repair, alteration, replacement and removal of the Communications Equipment and maintain the Communications Equipment in a good and safe condition; (ii) the Communications Equipment shall not adversely affect, undermine or interfere with the structure of the Building, the roof system of the Building, any solar panels installed on the roof of the Building, or any of the systems of the Building (including, without limitation, approval by the Federal Aviation Administrationelectrical, plumbing, heating, ventilating, air conditioning and life safety systems), (ii) installing, repairing and maintaining and causing the Telecommunications Equipment to comply with all Applicable Laws, and ; (iii) the Communications Equipment shall not interfere with the use and enjoyment of other areas of the Building by tenants, their employees and other occupants of the Building; (iv) the Communications Equipment shall not interfere with equipment (including, without limitation, telecommunications equipment and solar panels) used by Landlord or tenants, their employees and other occupants of the Building; (v) if the Communication Equipment interferes with equipment (including, without limitation, telecommunications equipment and solar panels) used by Landlord or tenants, their employees and other occupants of the Building, Tenant shall reasonably cooperate with Landlord in connection with eliminating the interference, (vi) Tenant shall, at its sole cost and expense, promptly repair any damage (whether structural or non-structural) caused to the roof or any other portion of the Property or its fixtures, equipment and appurtenances by reason of the installation, maintenance, repair, alteration, replacement or operation of the Communications Equipment (or, at Landlord’s election, Landlord shall perform such repairs and Tenant shall reimburse Landlord for the reasonable out-of-pocket costs thereof within thirty (30) days after receipt of demand therefor from Landlord); (vii) the Communications Equipment shall not emit sound which is audible in any leasable areas of the Building other than the Premises or cause any vibration; (viii) Tenant shall pay any additional or increased insurance premiums incurred by Landlord, and shall obtain and pay for any additional insurance coverage for the benefit of Landlord in such amount and of such type as Landlord may reasonably require in connection with the Communications Equipment; (ix) the Communications Equipment, and Tenant’s installation thereof, shall not invalidate any warranties or guarantees relating to the roof of the Building; and (x) Tenant shall cooperate, at Tenant’s cost and expense, with Landlord in connection with the maintenance, repair and replacement by Landlord of the roof of the Building, including without limitation, by temporarily moving the Communications Equipment, upon prior written notice from Landlord, to accommodate such maintenance, repair or replacement. 35.5 Tenant acknowledges that Tenant’s use of the roof and the conduit space in the Building pursuant to this Article 35 is a non-exclusive use, and Landlord may permit any person or entity to use any of the conduit spaces in the Building and any portion of the roof of the Building, other than Tenant’s Roof Top Equipment Area, for any purpose. Further, Landlord and its agents and representatives shall have the same rights with respect to Tenant’s Rooftop Equipment Area that such parties have with respect to the Premises pursuant to Article 21, and Tenant shall have the same obligations with respect to Tenant’s Rooftop Equipment Area that Tenant has with respect to the Premises pursuant to Article 21. 35.6 Notwithstanding anything to the contrary contained in this Lease, Tenant shall remove the Communications Equipment upon the expiration or earlier termination of the Term and repair any damage to the roof of the Building or other portions of the Property caused by the installation or removal of the Communications Equipment, all at Tenant’s sole cost and expense (or, at Landlord’s election, Landlord shall perform such repairs and Tenant shall reimburse Landlord for reasonable out-of-pocket costs thereof within thirty (30) days after receipt by Tenant of Landlord’s demand therefor). Landlord shall have no liability to repair or maintain the Communications Equipment. 35.7 Tenant’s access to the roof of the Building shall be subject to Landlord’s reasonable security regulations. Landlord shall have the right to require, as a condition to access to the roof or the Communications Conduits, that Tenant or Tenant’s agents, contractors or employees at all times be accompanied by a representative of Landlord. Tenant shall pay Landlord for the costs of furnishing such a representative within thirty (30) days after receiving any request therefor from Landlord. 35.8 Without limiting Tenant’s obligations under Section 14.3(a), Tenant shall indemnify, defend and hold Landlord and its members, directors, officers, agents and employees harmless from and against any and all liability, damages, claims, costs or expenses arising out of the installation, maintenance, operation, repair, alteration and replacement of any Communications Equipment, together with all costs, expenses and liabilities incurred in or in connection with each such claims or action or proceeding brought thereon (including, without limitation, all reasonable attorneys’ fees and expenses), except for such of the foregoing that arise from the gross negligence or willful misconduct of Landlord or its agents, servants or employees. Tenant’s obligations under this Section 35.8 shall survive the expiration or earlier termination of the Term. 35.9 Tenant shall pay all electric and any other utility costs relating to the Communications Equipment. Landlord shall have the right to require Tenant to pay such costs based on any reasonable method specified by Landlord, including, without limitation, if Landlord elects (i) tying, at Tenant’s expense, the Communications Equipment into the direct meter, submeter or check meter for the Premises pursuant to Section 6.1 hereof, (ii) installing separate direct meter(s), submeter(s) or check meters for the Communications Equipment, at Tenant’s expense or (iii) requiring Tenant to pay the costs based on a survey of consumption performed from time to time, at Tenant’s expense. Tenant shall pay such amounts in accordance with a schedule specified by Landlord or, if Landlord does not establish a schedule, within thirty (30) days after any written request made by Landlord. 35.10 Notwithstanding anything to the contrary contained herein, Landlord shall have the right, from time to time, to require Tenant to relocate Communications Equipment to other locations at the Property which are satisfactory to Landlord, provided that Landlord pays the actual reasonable costs and expenses incurred by Tenant to relocate such Communications Equipment and provided further that the relocation shall not impair in any material respect the functioning of the Communications Equipment. In the event of any relocation of any such Communications Equipment pursuant to this Section 35.10, then within thirty (30) days after written request from Landlord, Landlord and Tenant shall enter into an amendment to this Lease memorializing such relocation; provided, however, Tenant’s failure or refusal to execute such amendment shall not affect any relocation pursuant to this Section 35.10. 35.11 The rights granted to Tenant under this Article 35 are personal to the Tenant named in the heading of this 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. The Telecommunications Equipment shall constitute Specialty Improvements for purposes of Section 8.5 they cannot be assigned separately from this Lease or in connection with an assignment of this LeaseLease (other than an assignment of this Lease pursuant to Section 16.7).

Appears in 1 contract

Samples: Lease Agreement (Bellerophon Therapeutics, Inc.)

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