Common use of Telecommunications Services Clause in Contracts

Telecommunications Services. All telephone and telecommunications services desired by Tenant shall be ordered and utilized by Tenant at its sole cost and expense. Tenant shall separately contract with a telephone or telecommunications provider (a “Provider”) to provide telephone and telecommunications services to the Premises. By its acceptance of possession of the Premises, Tenant is deemed to have agreed that the existing number and type of Lines serving the Premises is adequate for Tenant’s occupancy. As used herein, “Lines” shall mean communications and computer wires and cables which service the Premises (including electronic, fiber, phone and data cabling). In connection with Tenant’s rights hereunder, Tenant shall have the non-exclusive right, free of charge, to (i) use all Lines and related equipment in the Building; (ii) use all risers, chaseways, pathways, and spaces within the Building; and to (iii) install, maintain, repair, replace, or remove Lines all as necessary to connect Tenant’s telecommunications, data and cable networks/services to the telecommunications, data and cable networks/services found within the Building or to Tenant’s telecommunications, data and cable networks/services providers. If Tenant desires to utilize the services of a Provider whose equipment is not presently servicing the Building, such Provider must obtain the written consent of Landlord, which shall not be unreasonably withheld, before it will be permitted to install its Lines or other equipment within the Building and all such Lines shall be installed within the Building’s existing vertical and horizontal riser pathways as designated by Landlord. Landlord’s consent to the installation of Lines or equipment within the Building by any Provider shall be evidenced by a written agreement between Landlord and the Provider, which contains terms and conditions reasonably acceptable to Landlord. Landlord may engage a third party riser management company to manage access to and maintenance of the Building’s vertical and horizontal pathways and Lines in such pathways and Tenant shall cooperate with such third party riser management company. Any charges specifically allocated to Tenant’s use of, installation, maintenance and repair of Lines shall be for the account of and separately payable Tenant. Landlord makes no warranty or representation to Tenant as to the suitability, capability or financial strength of any Provider whose equipment is presently serving the Building, and Landlord’s consent to a Provider whose equipment is not presently serving the Building shall not be deemed to constitute such a representation or warranty.

Telecommunications Services. All telephone and telecommunications services desired by Tenant shall be ordered secure for itself telecommunication services for the Premises and utilized by Tenant at its sole cost pay, prior to delinquency, all charges and expensecosts for the installation and/or use of all telephone, cable, satellite and telecommunication charges that are furnished to or used on, in or about the Premises during the Term of this Lease and to comply with all directives of such office, as promulgated from time to time. Tenant shall separately contract with a telephone give Landlord not less than ten (10) days prior written notice of Tenant’s intent to install telecommunications cabling in the Building or telecommunications provider (a “Provider”) to provide telephone and telecommunications services to the Premises. By its acceptance Such notice shall include (i) the proposed time of possession installation; (ii) the identity of the Premises, Tenant is deemed party performing the installation; (iii) the party providing the telecommunication service; (iv) reasonably detailed plans and specifications of the proposed installation; and (v) the insurance coverage to have agreed that the existing number and type of Lines serving the Premises is adequate for be in effect with all such work. Tenant’s occupancy. As used herein, “Lines” shall mean communications and computer wires and cables which service right to install telecommunications cabling in the Premises (including electronic, fiber, phone and data cabling). In connection with Tenant’s rights hereunder, Tenant shall have the non-exclusive right, free of charge, Building is subject to (i) use all Lines and related equipment Landlord’s reasonable consent as to the location of Tenant’s telecommunications cabling; (ii) Landlord’s reasonable approval of any third party contractor performing work in the Building in connection with installation of Tenant’s telecommunications cabling; (iii) Tenant’s telecommunications cabling not materially interfering with any Building systems or any telecommunication services to other tenants in the Building; (iiiv) use all risersLandlord’s right to inspect Tenant’s installation of telecommunications cablings and require, chasewaysat Tenant’s expense, pathwaysany changes necessary to bring the installation into conformity with the plans and specifications approved by Landlord; (v) Landlord’s right to charge a reasonable market fee for such installation and service; (vi) Landlord’s right to require that Tenant and any other person working on the installation of telecommunications cabling provide, and spaces within prior to the Buildingstart of work, proof of adequate insurance coverage for such work, naming Landlord as an additional insured thereunder; and (vii) Landlord’s right to (iii) installrequire that Tenant remove the whole or any part of such cabling upon the expiration or sooner termination of this Lease. Notwithstanding the forgoing, maintainLandlord shall provide Tenant, repairwithout charge, replace, or remove Lines all as necessary to connect Tenant’s telecommunications, data and cable networks/services access to the telecommunications, data and cable networks/services found within server hub located on the Building or to Tenant’s telecommunications, data and cable networks/services providers. If Tenant desires to utilize the services first floor of a Provider whose equipment is not presently servicing the Building, such Provider must obtain the written consent of Landlord, which shall not be unreasonably withheld, before it will be permitted to install its Lines or other equipment within the Building and all such Lines Tenant shall be installed within responsible for all costs pertaining to (i) the Building’s existing vertical and horizontal riser pathways as designated by Landlord. Landlord’s consent to the installation of Lines or equipment within the Building by any Provider shall be evidenced by a written agreement between Landlord and the Provider, which contains terms and conditions reasonably acceptable to Landlord. Landlord may engage a third party riser management company to manage access to and maintenance of the Building’s vertical and horizontal pathways and Lines in such pathways and Tenant shall cooperate with such third party riser management company. Any charges specifically allocated to Tenant’s use of, installation, maintenance and repair operation of Lines shall be for a T-1 line connecting the account of and separately payable Tenant. Landlord makes no warranty or representation Premises to Tenant as to the suitability, capability or financial strength of any Provider whose equipment is presently serving the Building, and Landlord’s consent to a Provider whose equipment is not presently serving the Building shall not be deemed to constitute such a representation or warrantyT-1 server hub; and (ii) Tenant’s telecommunications services using Tenant’s T-1 line connection.

Telecommunications Services. All telephone and telecommunications services desired by Tenant shall be ordered and utilized by Tenant at its sole cost and expense. Tenant understands and acknowledges the telecommunications switching facilities in the Project may be owned and operated by a third party, and such third party may have the right to charge other telecommunications providers for access to such facilities subject to applicable laws, rules and regulations. Tenant shall separately contract with a telephone such third party or another telecommunications provider (a “"Provider”") to provide telephone and telecommunications services to the Premises. By its acceptance of possession of the Premises, Tenant is deemed to have agreed that the existing number and type of Lines serving the Premises is adequate for Tenant’s occupancy. As used herein, “Lines” shall mean communications and computer wires and cables which service the Premises (including electronic, fiber, phone and data cabling). In connection with Tenant’s rights hereunder, Tenant shall have the non-exclusive right, free of charge, to (i) use all Lines and related equipment in the Building; (ii) use all risers, chaseways, pathways, and spaces within the Building; and to (iii) install, maintain, repair, replace, or remove Lines all as necessary to connect Tenant’s telecommunications, data and cable networks/services to the telecommunications, data and cable networks/services found within the Building or to Tenant’s telecommunications, data and cable networks/services providers. If Tenant desires to utilize the services of a Provider whose equipment is not presently then servicing the Building, such Provider must obtain the written consent of Landlord, Landlord (which shall consent will not be unreasonably withheld, conditioned or delayed) before it will be permitted to install its Lines lines or other equipment within the Building and all such Lines shall be installed or use existing conduit or riser space within the Building’s existing vertical and horizontal riser pathways as designated by LandlordBuilding or Project. Landlord’s 's consent to the installation of Lines lines or equipment within the Building by any Provider shall be evidenced by a written agreement between Landlord and the Provider, which contains terms and conditions reasonably acceptable to Landlord in its reasonable discretion. Landlord. 's refusal for any reason whatsoever to consent to any prospective Provider shall not be deemed a default or breach by Landlord may engage a third party riser management company to manage access to and maintenance of the Building’s vertical and horizontal pathways and Lines in such pathways and Tenant shall cooperate with such third party riser management company. Any charges specifically allocated to Tenant’s use of, installation, maintenance and repair of Lines shall be for the account of and separately payable Tenantits obligations under this Lease. Landlord makes no warranty or representation to Tenant as to the suitability, capability or financial strength of any Provider whose equipment is presently serving the Building, and Landlord’s 's consent to a Provider whose equipment is not presently serving the Building shall not be deemed to constitute such a representation or warranty. To the extent the service by a Provider is interrupted, curtailed or discontinued for any reason whatsoever, Landlord shall have no obligation or liability in connection therewith unless the interruption is caused by the negligence or intentional misconduct of Landlord, and it shall be the sole obligation of Tenant at its expense to obtain substitute service. The provisions of this paragraph are solely for the benefit of Tenant and Landlord, are not for the benefit of any third party. No telephone or telecommunications provider shall be deemed a third party beneficiary hereof.

Telecommunications Services. All telephone and telecommunications services desired by Tenant shall be ordered and utilized by Tenant at its sole cost and expense. Tenant shall separately contract with a telephone or telecommunications provider (a “Provider”) to provide telephone and telecommunications services to the Premises. By its acceptance of possession of the Premises, Tenant is deemed to have agreed that the existing number and type of Lines serving the Premises is adequate for Tenant’s occupancy. As used herein, “Lines” shall mean communications and computer wires and cables which service the Premises (including electronic, fiber, phone and data cabling). In connection with Tenant’s rights hereunder, Tenant shall have the non-exclusive right, free of charge, to (i) use all Lines and related equipment in the Building; (ii) use all risers, chaseways, pathways, and spaces within the Building; and to (iii) install, maintain, repair, replace, or remove Lines all as necessary to connect Tenant’s telecommunications, data and cable networks/services to the telecommunications, data and cable networks/services found within the Building or to Tenant’s telecommunications, data and cable networks/services providers. If Tenant desires to utilize the services of a Provider whose equipment is not presently servicing the Building, such Provider must obtain the written consent of Landlord, which shall not be unreasonably withheld, before it will be permitted to install its Lines or other equipment within the Building and all such Lines shall be installed within the Building’s existing vertical and horizontal riser pathways as designated by Landlord. Landlord’s consent to the installation of Lines or equipment within the Building by any Provider shall be evidenced by a written agreement between Landlord and the Provider, which contains terms and conditions reasonably acceptable to Landlord. Landlord may engage a third party riser management company to manage access to and maintenance of the Building’s vertical and horizontal pathways and Lines in such pathways and Tenant shall cooperate with such third party riser management company. Any charges specifically allocated to Tenant’s use of, installation, maintenance and repair of Lines shall be for the account of and separately payable Tenant. Landlord makes no warranty or representation to Tenant as to the suitability, capability or financial strength of any Provider whose equipment is presently serving the Building, and Landlord’s consent to a Provider whose equipment is not presently serving the Building shall not be deemed to constitute such a representation or warranty. Notwithstanding anything to the contrary in the foregoing, Landlord represents that there is adequate space existing in the Building’s vertical riser as of the Effective Date to accommodate Tenant’s use of the Premises for the normal conduct of its business, provided such use is in keeping with the Permitted Use. The provisions of this Paragraph 8.F are solely for the benefit of Tenant and Landlord and are not for the benefit of any third party, specifically including without limitation any telephone or telecommunications provider.

Telecommunications Services. All telephone Tenant and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services desired by Tenant shall be ordered and utilized by Tenant at its sole cost and expense. Tenant shall separately contract with a telephone or telecommunications provider (a “Provider”) to provide telephone and telecommunications services to the Premises. By its acceptance of possession of the Premisescompanies, Tenant is deemed to have agreed that the existing number and type of Lines serving the Premises is adequate for Tenant’s occupancy. As used herein, “Lines” shall mean communications and computer wires and cables which service the Premises (including electronic, fiber, phone and data cabling). In connection with Tenant’s rights hereunder, Tenant shall have the non-exclusive right, free of charge, no right to (i) use all Lines access to and related equipment in the Building; (ii) use all risers, chaseways, pathways, and spaces within the Building; , for the installation and to operation of telecommunications systems, including voice, video, data, internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (iii) install"Telecommunications Services"), maintain, repair, replace, for part or remove Lines all as necessary to connect of Tenant’s telecommunications, data and cable networks/services to the telecommunications, data and cable networks/services found within the Building or to Tenant’s telecommunications, data and cable networks/services providers. If Tenant desires to utilize the services of a Provider whose equipment is not presently servicing the Building, such Provider must obtain the written consent of Landlord, which shall not be unreasonably withheld, before it will be permitted to install its Lines or other equipment 's telecommunications within the Building and all such Lines from the Building to any other location without Landlord's prior written consent, which consent may be withheld in Landlord's absolute discretion. All providers of Telecommunications Services shall be installed within required to comply with the Building’s existing vertical rules and horizontal riser pathways as designated by Landlord. Landlord’s consent to the installation of Lines or equipment within the Building by any Provider shall be evidenced by a written agreement between Landlord and the Provider, which contains terms and conditions reasonably acceptable to Landlord. Landlord may engage a third party riser management company to manage access to and maintenance regulations of the Building’s vertical , applicable laws and horizontal pathways Landlord's policies and Lines in such pathways and Tenant shall cooperate with such third party riser management company. Any charges specifically allocated to Tenant’s use of, installation, maintenance and repair of Lines shall be practices for the account of and separately payable TenantBuilding. Tenant acknowledges that Landlord makes no warranty or representation to Tenant as to the suitability, capability or financial strength of any Provider whose equipment is presently serving the Building, and Landlord’s consent to a Provider whose equipment is not presently serving the Building shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to Tenant or Tenant's Agents in connection with the installation, operation or maintenance of Telecommunication Services or any equipment or facilities relating thereto. Tenant, at Tenant's sole cost and expense and for its own account, shall be solely responsible for obtaining all Telecommunications Services in connection with the Premises. No interruption or discontinuance of any Telecommunications Services will be deemed an eviction or a disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord liable to constitute such a representation Tenant for damages or warrantyabatement of Rent or relieve Tenant from the responsibility of performing any of Tenant's obligations under this Lease. The existing Telecommunication Service Equipment, listed in Exhibit "C" is approved by Landlord.

Telecommunications Services. All telephone and telecommunications services desired by Tenant shall be ordered solely responsible at Tenant’s expense for making arrangements for any and utilized all voice, data and other telecommunications services (the “Telecommunications Services”) to be furnished to the Premises by Tenant at its sole cost and expense. Tenant shall separately contract with a telephone or telecommunications third party provider (a “Provider”) to provide telephone and telecommunications services to the Premises. By its acceptance of possession of the Premises); provided, Tenant is deemed to have agreed that the existing number and type of Lines serving the Premises is adequate for Tenant’s occupancy. As used hereinhowever, “Lines” shall mean communications and computer wires and cables which service the Premises (including electronic, fiber, phone and data cabling). In connection with Tenant’s rights hereunder, Tenant shall have the non-exclusive right, free of charge, to (i) use all Lines and related equipment in the Building; (ii) use all risers, chaseways, pathways, and spaces within the Building; and to (iii) install, maintain, repair, replace, or remove Lines all as necessary to connect Tenant’s telecommunications, data and cable networks/services to the telecommunications, data and cable networks/services found within the Building or to Tenant’s telecommunications, data and cable networks/services providers. If Tenant desires to utilize the services of a Provider whose equipment is not presently servicing the Building, any such Provider selected by Tenant must obtain the written consent of first be approved in writing by Landlord, which approval shall not be unreasonably withheldwithheld or delayed, before it will be permitted to install its Lines or other equipment within the Building and all when considering any such Lines request for approval of a Provider, Landlord shall be installed within entitled to take into account all factors relevant to such determination, including the Building’s existing vertical financial capability, reputation and horizontal riser pathways as designated by Landlord. Landlord’s consent to the installation quality of Lines or equipment within the Building by any such Provider, (ii) such Provider shall be evidenced required to maintain workers’ compensation insurance as required by applicable law which coverage shall include a written agreement between waiver of subrogation in favor of Landlord, (iii) such Provider shall maintain commercial general liability insurance in an amount not less than $1,000,000 per occurrence with an annual aggregate limit of not less than $3,000,000 insuring against bodily injury and property damage caused by activities of the Provider or its agents, contractors or employees in connection with the installation, maintenance, repair and replacement of equipment, conduits, wires and other telecommunications facilities within the Project, and naming Landlord as an additional insured, (iv) Tenant shall obtain certificates of insurance from the Provider evidencing the required insurance coverage and (v) access by the Provider, which contains terms Provider to the Project and conditions reasonably acceptable to Landlord. Landlord may engage a third party riser management company to manage access to and maintenance use of the Building’s vertical equipment rooms and horizontal pathways risers by the Provider and Lines the installation, operation and maintenance by the Provider of such telecommunications facilities shall be governed by the terms of Landlord’s standard communications site access agreement (“Communications Site Access Agreement”) which must be executed by the Provider and Landlord prior to the Provider’s entry upon the Project. It is understood and agreed that the Communications Site Access Agreement requires, among other things, that all cabling and other telecommunications equipment be located only in areas approved by Landlord, to be tagged for identification and, upon Landlord’s request, shall be removed following the expiration or earlier termination of the Lease. Tenant shall not extend Telecommunications Services to, or otherwise make its telecommunications facilities available to, other tenants or occupants of the Project without Landlord’s prior written consent. Tenant acknowledges that Provider’s failure to comply with its obligations under the Communications Site Access Agreement between Provider and Landlord may result in the termination of such pathways agreement which will necessitate Tenant making arrangements for Telecommunications Services to be furnished to the Premises by another Provider in accordance with this Paragraph 9; provided, however, Landlord agrees that Landlord will not terminate the Communications Site Access Agreement with the Provider furnishing Telecommunications Services to the Premises as a result of the default by the Provider thereunder unless Landlord has provided written notice to Tenant of the Provider’s default under such agreement at least ten (10) days prior to the termination by Landlord of such agreement, and Landlord shall not require such Provider to remove its equipment, wires and cables from the Project for a period of thirty (30) days after the date of termination of such agreement so as to provide Tenant with sufficient time to arrange for Telecommunications Services to be furnished to the Premises by another Provider. Landlord shall not be liable to Tenant for, and Tenant shall cooperate with such third party riser management company. Any charges specifically allocated to Tenant’s use of, installation, maintenance and repair of Lines shall be for the account of and separately payable Tenant. does hereby release Landlord makes no warranty or representation to Tenant as to the suitability, capability or financial strength of any Provider whose equipment is presently serving the Building, and Landlord’s consent officers, directors, partners, members, employees, agents and contractors (collectively, the “Landlord Parties”) from, any claims, losses, costs, expenses and damages of any kind whatsoever, whether actual, consequential, direct or indirect, arising from or caused by any interruption or cessation of Telecommunications Services to or within the Premises and the Project, regardless of the cause of such interruption or cessation, and no such interruption or cessation shall work an abatement of Rent under this Lease. Tenant acknowledges that Tenant may elect to obtain and maintain business interruption insurance to cover any risk of loss or damage caused by any interruption or cessation of Telecommunications Services to or within the Premises and the Project, and Tenant agrees that if Tenant shall elect to obtain business interruption insurance covering any such loss or damage, Tenant shall cause its insurer to waive all rights of subrogation against Landlord as provided in Section 22 of the Lease. As between Tenant and the Landlord Parties, Tenant shall bear the sole risk of loss or damage caused by any interruption or cessation of Telecommunications Services to or within the Premises and the Project. [SCHEDULE B-1 ATTACHED] EXHIBIT “C” ACKNOWLEDGMENT , ACCEPTANCE AND AMENDMENT Tenant hereby acknowledges that the Premises demised pursuant to the Lease to which this Exhibit “C is attached (the “Lease”), and all tenant finish items to be completed by the Landlord, or Landlord’s contractors, have been satisfactorily completed in every respect, except for the punchlist items set forth below, and Tenant hereby accepts said Premises as substantially complete and ready for the uses intended as set forth in the Lease. Landlord shall use reasonable efforts to cause the completion of the punchlist items, if any, within thirty (30) days. Possession of the Premises is hereby delivered to Tenant, and any damages to walls, ceilings, floors or existing work, except for any damages caused by Landlord or Landlord’s contractors in completing any punchlist items, shall be the sole responsibility of Tenant. If any improvements or tenant finishes are to be constructed or installed by Tenant or Tenant’s contractors, as previously approved by Landlord, Tenant hereby agrees to indemnify and hold harmless Landlord from and against any claims, demands, loss or damage Landlord may suffer or sustain as a Provider whose equipment result of such work by Tenant or Tenant’s contractors, including, without limitation, any claim of lien which may be filed against the Premises or Landlord’s Property as a result of such work by Tenant’s contractors or representatives. In the event any such claim of lien is not presently serving filed against Landlord’s Property by any contractor, laborer or materialman performing work on the Building shall not Premises at Tenant’s direction, Tenant agrees to cause such lien to be deemed to constitute such a representation discharged, by payment of the claim or warranty.bond, within ten (10) days of receipt of demand by Landlord. Tenant and Landlord hereby further acknowledge and agree as follows: