Common use of Telecommunications Clause in Contracts

Telecommunications. The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specifications.

Appears in 4 contracts

Samples: Lease of Industrial Space (Above Food Ingredients Inc.), Lease Agreement (Dirtt Environmental Solutions LTD), Lease of Office Space (Zymeworks Inc.)

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Telecommunications. In the event that Tenant desires to ------------------ utilize the services of a telephone or telecommunications provider who is not then servicing the Project, such provider shall not be permitted to install its lines or other equipment within the Project without first obtaining the prior approval of Landlord (including Landlord's approval of any plans or specifications for the installation of lines and/or other telecommunications equipment within the Project). Neither Landlord's approval of any provider nor Landlord's approval of any plans and specifications relative to the installation of any telecommunications equipment will ever constitute an indication, representation, or certification by Landlord as to the suitability, competence, or financial strength of that provider or as to the suitability of any telecommunications equipment provided. The Tenant acknowledges failure of any provider to satisfy the standards and agrees conditions set forth in Landlord's "Telecommunications Provider Requirements" shall constitute reasonable grounds for Landlord's refusal to approve that all telephone provider. Landlord reserves the right to (a) impose restrictions on any telecommunications provider that are reasonably necessary to protect the safety, security, appearance, and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense condition of the Tenant Building, and only the safety and convenience of Landlord, tenants of the Building, and other persons; (b) impose a reasonable limitation on the time during which any telecommunication provider may have access to the Building to install any of its telecommunications facilities; (c) impose reasonable limitations on the number of telecommunications providers that have access to the Building; (d) require that each telecommunications provider agree to indemnify Landlord for damage caused in connection with the prior written consent installation, operation, maintenance, repair, or removal of any of its telecommunications facilities; (e) require Tenant or the Landlordtelecommunications providers selected by Tenant to bear the entire cost of installing, operating, or removing all of its telecommunications facilities (including wiring and cabling); and (f) require any telecommunications provider to pay reasonable compensation to Landlord relevant to its installation. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation to repair, maintain or liability with respect thereto and it shall be the sole obligation replace any telecommunications facilities or equipment provided by a telephone or telecommunications provider selected by Tenant, notwithstanding any provision of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior this Lease to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationscontrary.

Appears in 3 contracts

Samples: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)

Telecommunications. (a) In the event that Tenant wishes to utilize the services of a telephone or telecommunications provider whose equipment is not servicing the Building as of the date of Tenant’s execution of this Lease (“Provider”), such Provider shall be required to obtain the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, before installing its lines or equipment within the Complex. In no event shall the Provider be permitted to provide service to any occupant of the Complex other than Tenant, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. (b) The installation of lines or equipment by the Provider shall be subject to the satisfaction of the following conditions: (1) Tenant shall be responsible for and shall pay all costs incurred in connection with the installation of telephone cables and related wiring in the Premises, including, without limitation, any hook-up, access and maintenance fees related to the installation of such wires and cables in the Premises and the commencement of service therein, and the maintenance thereafter of such wire and cables; and there shall be included in Tenant’s Share of Operating Costs all installation, hook-up or maintenance costs incurred by Landlord in connection with telephone cables and related wiring in the Building which are not allocable to any individual users of such service but are allocable to the Building generally; (2) Prior to commencement of any work in or about the Building by Provider, Provider shall supply Landlord with such written indemnities, insurance verifications, financial statements, and such other items as Landlord reasonably deems to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Provider; (3) Prior to the commencement of any work in or about the Building by the Provider, (i) the Provider shall consult with Landlord’s Building manager regarding the Building requirements regarding the installation of telecommunications equipment and cabling and shall comply with same, and (ii) the Provider shall agree to abide by the Rules and Regulations applicable to the work and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the tenants in the Building, and the Landlord, including, without limitation, providing security in such form and amount as determined by Landlord; (4) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the Provider’s equipment and materials; (5) The Provider is licensed and reputable; and (6) The Provider agrees to compensate Landlord for space used in the Building for the storage and maintenance of the Provider’s equipment and for all costs that may be incurred by Landlord in arranging for access by the Provider’s personnel, security for Provider’s equipment, and any other such costs as Landlord may reasonably expect to incur. (c) If Tenant fails to maintain all telephone cables and related wiring in the Premises and such failure affects or interferes with the operation or maintenance of any other telephone cables or related wiring in the Building, Landlord or any vendor hired by Landlord may enter into and upon the Premises forthwith and perform such repairs, restorations or alterations as Landlord deems necessary in order to eliminate any such interference (and Landlord may recover from Tenant all of Landlord’s reasonable costs in connection therewith). Upon the expiration or earlier termination of this Lease, Tenant agrees to remove all telephone cables and related wiring installed by Tenant for and during Tenant’s occupancy, which Landlord shall request Tenant to remove. Tenant agrees that neither Landlord nor any of its agents or employees shall be liable to Tenant, or any of Tenant’s employees, agents, customers or invitees or anyone claiming through, by or under Tenant, for any damages, injuries, losses, expenses, claims or causes of action because of any interruption, diminution, delay or discontinuance at any time for any reason in the furnishing of any telephone service to the Premises and the Building (d) Landlord’s consent under this section shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of Provider. (e) Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole risk and expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The . (f) Tenant agrees that, to the extent any such service by Provider is interrupted, curtailed curtailed, or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation . (g) The provisions of the foregoing standard, it shall this Section 11 may be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined enforced solely by the Landlord in its sole discretion, Tenant and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at are not for the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement benefit of any work in or about the Building by the provider, the provider other party. No Provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests deemed a third party beneficiary of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsthis Lease.

Appears in 3 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Aptinyx Inc.), Office Lease Agreement (Aptinyx Inc.)

Telecommunications. The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant and only with the Neither Subtenant nor its contractors, representatives, or service providers shall, without Sublandlord's prior written consent (which consent shall not be unreasonably withheld), install, maintain, operate, alter, repair, or replace any wire, cable, conduit, antenna, satellite dish or other facility or equipment for use in connection with any telephone, television, telecommunications, computer, Internet, or other communications or electronic systems, services or equipment (which systems, services, and equipment are referred to collectively as "Telecommunications Equipment") in, on, or about the Building or the roof or exterior walls. Without limiting the generality of the Landlordforegoing, Sublandlord shall have the right to limit the number of carriers, vendors, or other operators providing Telecommunications Equipment in or to the Building, as deemed reasonably necessary or appropriate by Sublandlord for the orderly and efficient management and operation of the Building. All the Tenant’s or its providers telecommunications equipment Any determination made by Sublandlord under this Paragraph shall be and remain solely made in the Premises oraccordance with Sublandlord's sole reasonable discretion, only provided, however, that with the written approval of the Landlord, regard to any request by Subtenant to install Telecommunications Equipment on the roof of the Building above the Premisesa Building, Subtenant agrees that Sublandlord may, without limitation, condition its consent on (i) Subtenant's payment of rent for Subtenant's use of such roof space, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location an amount determined by the Landlord Sublandlord in its sole discretion, and (ii) the provider shall use existing Building conduits installation by Subtenant, at its sole cost and pipes expense, of a structural platform and/or access walkway to protect the roof from damage from the placement of and access to such Telecommunications Equipment. Sublandlord may also require (i) that any such work on or use contractors involving the roof (and including, without limitation, any roof penetrations approved by Sublandlord) be performed, at Subtenant's cost, by a contractor designated or approved by Sublandlord; (ii) Subtenant's obtaining and paying for all costs associated with obtaining proper clearances for personnel involved in erecting, operating, or maintaining such Telecommunications Equipment from the LandlordDepartment of the Air Force or Onizuka Air Station; (iii) Subtenant's obtaining Onizuka Air Station concurrence to erect any Radio Frequency Emitters, antenna towers, or antenna arrays so as to avoid radio frequency interference; (iv) Subtenant's compliance with any additional requirement of the Department of the Air Force and/or Onizuka Air Station; and (v) proper evidence of compliance with all requirements of the Master Lease. In addition, if Sublandlord determines that the riser or telecommunications closet space in the Building is inadequate to accommodate any Telecommunications Equipment proposed by Subtenant along with the existing and/or future needs of other occupants and users of the Building and/or the Project, Sublandlord may condition Sublandlord's approval of Subtenant's Telecommunications Equipment on the construction of additional riser or telecommunications closet space as designated by Sublandlord at Subtenant's expense. Any installation, maintenance, operation, alteration, repair, or replacement of Telecommunications Equipment by or for Subtenant shall be subject to all of the requirements and provisions of this Sublease and the Master Lease, and shall not interfere with the operation (including, without limitation, transmissions, or reception) of any other Telecommunications Equipment located in the Building and/or the Project. Subtenant acknowledges that there is limited space and facilities in the Building to accommodate Telecommunications Equipment, and agrees to removereasonably cooperate with Sublandlord and with other providers and users of Telecommunications Equipment to share the available space and facilities and to coordinate the efficient collocation of Telecommunications Equipment in the Building. Access to and use of space within conduit, at utility closets, risers, raceways, switching rooms, the Landlord’s requestroof, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work and other facilities in or about the Building for the installation, maintenance, operation, alteration, repair, or replacement of Telecommunications Equipment shall be subject to Sublandlord's approval and to such rules and regulations as may be promulgated by the providerSublandlord from time to time. Subtenant shall repair any damage caused by Subtenant's installation, the provider shall execute the Landlord’s standard telecommunications agreementmaintenance, operation, alteration, repair, or replacement of Telecommunications Equipment, and shall supply the Landlord with such written indemnitiesindemnify, insuranceprotect, financial statementsdefend, and such hold Sublandlord harmless from all liabilities, claims, costs, expenses, and damages arising therefrom or in connection therewith, including, without limitation: (i) any claims by other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests tenants of the BuildingBuilding and/or the Project or other third parties that Subtenant's installation, maintenance, operation, alteration, repair, or replacement of Telecommunications Equipment has caused interference or interruption with the tenants in the Building operation of other Telecommunications Equipment; and the Landlord; and iv(ii) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value any voiding of a provider’s access to the Buildingor other effect that Subtenant's installation, and the costs which maintenance, operation, alteration, repair, or replacement of Telecommunications Equipment may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever have on any warranty with respect to any aspect the roof or other portions of the provider’s provision Building and/or the Project. Sublandlord shall not be liable for any damage to or interference with Subtenant's business or any loss of its servicesincome from it, or for loss of or damage to Subtenant's Telecommunications Equipment caused by or resulting from any damage to or interference with Subtenant's Telecommunications Equipment, or the operation of it, including without limitation, damage, or interference caused by or resulting from the costs of installation, materials and services. In the event that telecommunications equipmentmaintenance, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premisesoperation, on the roofalteration, repair, or elsewhere within or replacement of other Telecommunications Equipment in the Building causes interference to equipment used and/or the Project, whether by another partyor for Sublandlord, other tenants of the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable effortsBuilding and/or the Project, or other third parties, and Subtenant waives all claims against Sublandlord for it, except that Sublandlord shall co-operate indemnify, protect, defend, and hold Subtenant harmless from all liabilities, claims, costs, expenses, and damages to the extent arising out of or in connection with the Landlord and other partiesgross negligence or willful acts of Sublandlord or its agents, to promptly eliminate employees, or representatives. Sublandlord's approval of Subtenant's installation of any Telecommunications Equipment shall not constitute a representation that any such interference. In Telecommunications Equipment will function effectively in or on the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsBuilding.

Appears in 3 contracts

Samples: Sublease Commencement Date Agreement (Ariba Inc), Sublease (Interwoven Inc), Sublease Commencement Date Agreement (Interwoven Inc)

Telecommunications. There are installed in the Building telephone riser cables (collectively the “riser cables”) from the outside of the Building to the terminal block on each floor in the Building. Subject to Landlord’s supervision and approval, Tenant shall have the right to use the riser cables by installing telecommunication lines from the Premises to the terminal block on the floor or floors on which the Premises are located (such lines, and any other voice/data cables, lines or wires used or installed by or for Tenant and serving the Premises are referred to as the “telecommunication lines”). Landlord, however, makes no representations or warranties with respect to the capacity, suitability or design of the riser cables or terminal blocks. If there is more than one tenant on a floor, Landlord will allocate hook-ups to the terminal block based on the proportion of rentable square feet that each tenant occupies on the floor. The installation and hook-up of telecommunication lines by Tenant acknowledges will be subject to all of the terms and agrees that conditions of this Lease, including, without limitation, Article 15 of this Lease. Tenant will have no rights or interest in the riser cables and terminal blocks in the Building therein except as set forth herein. Under no circumstances will Landlord or its agents or employees be liable for, and Tenant and each of its subtenants waives all claims with respect to, any damages or losses sustained by it or any occupant of the Premises, including any property or consequential damages, resulting from operating or maintenance of the riser cables and terminal blocks. Without limiting the generality of the foregoing, in no event shall Landlord be liable for: (a) any damage to Tenant’s or its subtenants’ telephone lines, telephones or other equipment connected to the telecommunication lines, (b) interruption or failure of, or interference with, telephone or other service coming through the telecommunication lines to the Premises, or (c) unauthorized eavesdropping or wiretapping. All telephone and telecommunications services desired by the Tenant shall must be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the LandlordTenant. All the of Tenant’s or its providers telecommunications equipment shall must be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with this Lease and with the rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for Any and all telecommunications lines and equipment installed in the maintenance of the Tenant’s Premises or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of elsewhere in the Building shall by or on behalf of Tenant must be in a location determined by removed before the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry expiration or earlier termination of the Term of the this Lease; ii) prior to commencement of any work in or about the Building , by the providerTenant at its sole cost or, the provider shall execute the at Landlord’s standard telecommunications agreementelection, by Landlord at Tenant’s sole cost, with such cost to be paid as additional rent. However, Landlord will have the right, upon written notice to Tenant given no later than 30 days before the expiration or earlier termination of this Lease, to require Tenant to abandon and leave in place, without additional payment to Tenant or credit against rent, any and all telecommunication lines and related infrastructure, or selected components thereof, whether located in the Premises or elsewhere in the Project. Tenant covenants and agrees that at the termination or expiration of this Lease, Tenant will be the sole owner of such telecommunication lines and related equipment and infrastructure, such that if Landlord elects to require such telecommunication lines and related equipment and infrastructure to remain in place, Landlord will become the sole owner thereof upon expiration or termination of this Lease; Tenant further covenants that such telecommunication lines and related equipment and infrastructure will be free of all liens and encumbrances, and shall supply the Landlord with that such written indemnitiestelecommunication lines will be in good condition, insurance, financial statementsworking order, and such other items as properly labeled at each end and in each telecommunications/electrical closet and junction box. The provisions of this grammatical paragraph will survive expiration or termination of this Lease. If Tenant wishes at any time to utilize the Landlord reasonably determines to be necessary; iii) the services of a telecommunications provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of whose equipment is not then servicing the Building, the tenants in no such provider will be permitted to install its lines or other equipment within the Building and or on the Project without first securing the prior written consent of Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider, which consent may be withheld in Landlord’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and servicessole discretion. In the event that If telecommunications equipment, wiring wiring, and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in on the Building or Project causes interference to equipment used by another party, the Tenant shall will (i) assume all liability related to such interference. The Tenant shall , and will indemnify and hold Landlord harmless from any liabilities and claims against Landlord resulting from such interference, (ii) use reasonable efforts, and shall co-operate cooperate with the Landlord and other parties, to promptly eliminate such interference. In the event that the , (iii) if Tenant is unable to do sopromptly eliminate such interference, the Tenant will substitute alternative equipment that which remedies the situation. If , and (iv) if such interference persists, the Tenant shall discontinue the use of the equipment causing such equipment, interference and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsequipment.

Appears in 2 contracts

Samples: Office Lease (Clarus Therapeutics Inc), Office Lease (Clarus Therapeutics Inc)

Telecommunications. The Tenant acknowledges and agrees that all All telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant Tenant. All installations of telecommunications equipment and only with the prior written consent of the wires shall be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. All the Unless Landlord otherwise requests or consents in writing, all of Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s telecommunications equipment, including wiring, wire; nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees thatAny and all telecommunications equipment installed in the Premises by or on behalf of Tenant, to the extent any such service is interruptedincluding wiring or other facilities for telecommunications transmittal, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) removed prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry expiration or earlier termination of the Term of the Lease; ii) prior to commencement of Term, by Tenant at its sole cost or, at Landlord’s election, by Landlord at Tenant’s sole cost. Tenant shall not utilize any work wireless communications equipment (other than usual and customary cellular telephones), including antennae and satellite receiver dishes, in or about on the Building by the providerPremises, the provider shall execute the without Landlord’s standard telecommunications agreement, and shall supply the Landlord with prior written consent. Such consent may be conditioned in such written indemnities, insurance, financial statements, and such other items a manner so as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect Landlord’s financial interests and the interests of the BuildingPremises, in a manner similar to the tenants arrangements described in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and servicesimmediately preceding paragraphs. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building Premises causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The , Tenant shall use reasonable efforts, and shall co-operate cooperate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant Xxxxxx is unable to do so, the Tenant will shall substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specifications.

Appears in 2 contracts

Samples: Commercial Lease Agreement, Commercial Lease Agreement

Telecommunications. (a) In the event that Tenant wishes to utilize the services of a telephone or telecommunications provider whose equipment is not servicing the Building as of the date of Tenant’s execution of this Lease (“Provider”), such Provider shall be required to obtain the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, before installing its lines or equipment within the Project. In no event shall the Provider be permitted to provide service to any occupant of the Project other than Tenant, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. (b) Landlord’s refusal to give its consent to the installation of lines or equipment by the Provider shall be deemed reasonable unless all of the following conditions are satisfied to Landlord’s satisfaction, the satisfaction of such conditions to be evidenced by a written agreement between Provider and Landlord or by any other means acceptable to Landlord in its reasonable judgment: (1) Landlord shall incur no expense whatsoever with respect to any aspect of Provider’s provision of its services, including, without limitation, the costs of installation, materials, utilities (including the cost of any separate meters) and service; (2) Prior to commencement of any work in or about the Building by Provider, Provider shall supply Landlord with such written indemnities, insurance verifications, financial statements, and such other items as Landlord reasonably deems to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Provider; (3) Prior to the commencement of any work in or about the Building by the Provider, the Provider shall agree to abide by the Rules and Regulations and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the tenants in the Building, and the Landlord, including, without limitation, providing security in such form and amount as determined by Landlord; (4) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the Provider’s equipment and materials; (5) The Provider is licensed and reputable; and (6) The Provider agrees to compensate Landlord for space used in the Building for the storage and maintenance of the Provider’s equipment and for all costs that may be incurred by Landlord in arranging for access by the Provider’s personnel, security for Provider’s equipment, and any other such costs as Landlord may reasonably expect to incur. (c) Landlord’s consent under this section shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of Provider. (d) Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole risk and expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The . (e) Tenant agrees that, to the extent any such service by Provider is interrupted, curtailed curtailed, or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation . (f) The provisions of the foregoing standard, it shall this Section 11 may be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined enforced solely by the Landlord in its sole discretion, Tenant and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at are not for the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement benefit of any work in or about the Building by the provider, the provider other party. No Provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests deemed a third party beneficiary of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsthis Lease.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Masergy Communications Inc)

Telecommunications. (a) The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense or liability whatsoever with respect to any aspect of the provider’s provision of its telecommunication services, including including, without limitation, the costs cost of installation, materials service, materials, repairs, maintenance, interruption or loss of telecommunication service. (b) The Tenant may utilize a telecommunication service provider (a “TSP”) of its choice with the Landlord’s prior written consent, but: (i) if the TSP is required to provide or install facilities in the Building in order to enable it to provide service to the Tenant, the Landlord must first determine that there is sufficient space in, or on the Building for the installation of the TSP’s facilities and services. In that the event that telecommunications equipmentTSP is acceptable to the Landlord; and (ii) if the TSP intends to install, wiring or has installed or purchased facilities situated in the Building for the purpose of providing telecommunication services to tenants in the Building, the Landlord may require the TSP to execute and deliver the Landlord’s standard form of TSP licence agreement. (c) If the Tenant’s approved TSP does not have a point of connection in the Premises, the Tenant may be required to install its own cable and facilities or satellite to purchase cable and antennae equipment facilities from the Landlord for installation in the communication pathways and risers of any type installed by the Building for connection to the Tenant’s TSP’s facilities in the main terminal room, at the main distribution frame or at other points of connection designated by the request of Landlord. In such case: (i) the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference may be required to equipment used by another party, pay access fees; (ii) the Tenant shall assume all liability related may be required to remove such interference. The Tenant shall use reasonable effortscable and facilities and restore any damage caused by the removal, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, andor, at the Landlord’s discretionoption, remove such equipment according to foregoing specificationspay the cost of removal and restoration; (iii) the Tenant will be required to contribute to the costs of riser management incurred by the Landlord; and (iv) the Tenant will be required to abide by any policies, directions or requirements of any riser manager retained by the Landlord and to pay, in addition, any direct costs invoiced to the Tenant by the riser manager in respect of plan review charges, inspection charges and other services provided by the riser manager to the Tenant. (d) If required by the Landlord, the Tenant shall change its TSP if the licence agreement referred to above in section 7.11(b) is terminated or expires and is not renewed. The Tenant acknowledges that the Landlord has no obligation to ensure continuation of services by the Tenant’s TSP or any other TSP in the Building. (e) The Landlord may require, upon 30 days prior written notice, that the Tenant relocate all or any portion of the cables or facilities installed by it.

Appears in 2 contracts

Samples: Office Lease (Adven Inc.), Office Lease (Adven Inc.)

Telecommunications. The Except as provided hereinbelow, Tenant acknowledges and agrees that its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have no right of access to and within the Building, for the installation and 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 (“Telecommunications Services”), for part or all telephone of Tenant’s telecommunications within the Building and telecommunications services desired by from the Tenant Building to any other location without Landlord’s prior written consent. All providers of Telecommunications Services shall be ordered and utilized at the sole expense of the Tenant and only required to comply with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by of the Building, applicable Laws and Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord from time shall not be required to time. The provide or arrange for any Telecommunications Services and that Landlord shall have no responsibility for liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, foregoing to the extent any such service is interruptedcontrary, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the if Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to requires the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers one or more satellite dishes or other data transmission equipment on the roof of the Building shall be (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location determined reasonably approved by Landlord. The installation of the Landlord Telecommunications Equipment shall constitute an Alteration and shall be performed in its sole discretionaccordance with and subject to the provisions of Article 8 of this Lease, and the provider Telecommunications Equipment shall use existing Building conduits be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and pipes all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or upon any earlier termination of the Term Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlord, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof to the condition existing prior to the installation of the Lease; ii) prior to commencement of any work in or about the Building by the providerTelecommunications Equipment, the provider shall execute the Landlord’s standard telecommunications agreement, reasonable wear and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationstear excepted.

Appears in 2 contracts

Samples: Sublease (Corcept Therapeutics Inc), Lease Agreement (Zuora Inc)

Telecommunications. (a) The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense or liability whatsoever with respect to any aspect of the provider’s provision of its telecommunication services, including including, without limitation, the costs cost of installation, materials service, materials, repairs, maintenance, interruption or loss of telecommunication service. (b) The Tenant may utilize a telecommunication service provider (a "TSP") of its choice with the Landlord’s prior written consent, but: (i) if the TSP is required to provide or install facilities in the Building or Project in order to enable it to provide service to the Tenant, the Landlord must first determine that there is sufficient space in, or on the Building or Project for the installation of the TSP's facilities and servicesthat the TSP is acceptable to the Landlord; and (ii) if the TSP intends to install, or has installed or purchased facilities situated in the Building or Project for the purpose of providing telecommunication services to tenants in the Building or Project, the Landlord may require the TSP to execute and deliver the Landlord’s standard form of TSP licence agreement and provide plans of the proposed installation. (c) The Landlord may deem it desirable to provide a central telecommunications cable distribution system ("CDS") in the Building or Project for use by TSPs and tenants. In If the event that telecommunications equipmentLandlord provides a CDS, wiring the Tenant's TSP or the Tenant, as the case may be, may be required by the Landlord to use the CDS for its communications cabling needs on terms and conditions to be set by the Landlord. These terms and conditions will include obligations for the TSP, or the Tenant, as the case may be, to pay user fees and to contribute to Operating Costs associated with the CDS and a complete release of the Landlord and indemnity from the TSP, or the Tenant, as the case may be, in respect of the use of the CDS. (d) If the Tenant's approved TSP does not have a point of connection in the Premises, the Tenant may be required to install its own cable and facilities or satellite to purchase cable and antennae equipment facilities from the Landlord for installation in the communication pathways and risers of any type installed by the Building for connection to the Tenant's TSP's facilities in the main terminal room, at the main distribution frame or at other points of connection designated by the request Landlord. In such case: (i) the Tenant may be required to pay access fees; (ii) the Tenant may be required to remove such cable and facilities and restore any damage caused by the removal, or, at the Landlord's option, to pay the cost of removal and restoration; (iii) the Tenant will be required to contribute to the costs of riser management incurred by the Landlord; and (iv) the Tenant will be required to abide by any policies, directions or requirements of the Landlord or any riser manager retained by the Landlord and to pay, in addition, any direct costs invoiced to the Tenant within by the Premisesriser manager in respect of plan review charges, on inspection charges and other services provided by the roof, or elsewhere within or in riser manager to the Building causes interference to equipment used Tenant. (e) If required by another partythe Landlord, the Tenant shall assume all liability related change its TSP if the licence agreement referred to such interferenceabove in Section 7.6(b) is terminated or expires and is not renewed. The Tenant shall use reasonable efforts, and shall co-operate with acknowledges that the Landlord and has no obligation to ensure continuation of services by the Tenant's TSP or any other partiesTSP in the Building. (f) The Landlord may require, to promptly eliminate such interference. In the event upon 30 days’ prior written notice, that the Tenant is unable to do so, relocate all or any portion of the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationscables or facilities installed by it.

Appears in 2 contracts

Samples: Lease Agreement (Nevada Geothermal Power Inc), Lease Agreement (Argentex Mining Corp)

Telecommunications. There are installed in the Building telephone riser cables (collectively the “riser cables”) from the outside of the Building to the terminal block on each floor in the Building. Subject to Landlord’s supervision and approval, Tenant shall have the right to use the riser cables by installing telecommunication lines from the Premises to the terminal block on the floor or floors on which the Premises are located (such lines, and any other voice/data cables, lines or wires used or installed by or for Tenant and serving the Premises are referred to as the “telecommunication lines”). Landlord, however, makes no representations or warranties with respect to the capacity, suitability or design of the riser cables or terminal blocks. If there is more than one tenant on a floor, Landlord will allocate hook-ups to the terminal block based on the proportion of rentable square feet that each tenant occupies on the floor. The installation and hook-up of telecommunication lines by Tenant acknowledges will be subject to all of the terms and agrees that conditions of this Lease, including, without limitation, Paragraph 10 of this Lease. Tenant will have no rights or interest in the riser cables and terminal blocks in the Building therein except as set forth herein. Under no circumstances will Landlord or its agents or employees be liable for, and Tenant and each of its subtenants waives all claims with respect to, any damages or losses sustained by it or any occupant of the Premises, including any property or consequential damages, resulting from operating or maintenance of the riser cables and terminal blocks. Without limiting the generality of the foregoing, in no event shall Landlord be liable for: (a) any damage to Tenant’s or its subtenants’ telephone lines, telephones or other equipment connected to the telecommunication lines, (b) interruption or failure of, or interference with, telephone or other service coming through the telecommunication lines to the Premises, or (c) unauthorized eavesdropping or wiretapping. All telephone and telecommunications services desired by the Tenant shall must be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the LandlordTenant. All the of Tenant’s or its providers telecommunications equipment shall must be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with this Lease and with the rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for Any and all telecommunications lines and equipment installed in the maintenance of the Tenant’s Premises or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of elsewhere in the Building shall by or on behalf of Tenant must be in a location determined by removed before the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry expiration or earlier termination of the Term of the this Lease; ii) prior to commencement of any work in or about the Building , by the providerTenant at its sole cost or, the provider shall execute the at Landlord’s standard telecommunications agreementelection, by Landlord at Tenant’s sole cost, with such cost to be paid as additional rent. However, Landlord will have the right, upon written notice to Tenant given no later than 30 days before the expiration or earlier termination of this Lease, to require Tenant to abandon and leave in place, without additional payment to Tenant or credit against rent, any and all telecommunication lines and related infrastructure, or selected components thereof, whether located in the Premises or elsewhere in the Property. Tenant covenants and agrees that at the termination or expiration of this Lease, Tenant will be the sole owner of such telecommunication lines and related equipment and infrastructure, such that if Landlord elects to require such telecommunication lines and related equipment and infrastructure to remain in place, Landlord will become the sole owner thereof upon expiration or termination of this Lease; Tenant further covenants that such telecommunication lines and related equipment and infrastructure will be free of all liens and encumbrances, and shall supply the Landlord with that such written indemnitiestelecommunication lines will be in good condition, insurance, financial statementsworking order, and such other items as properly labeled at each end and in each telecommunications/electrical closet and junction box. The provisions of this grammatical paragraph will survive expiration or termination of this Lease. If Tenant wishes at any time to utilize the Landlord reasonably determines to be necessary; iii) the services of a telecommunications provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of whose equipment is not then servicing the Building, the tenants in no such provider will be permitted to install its lines or other equipment within the Building and or on the Property without first securing the prior written consent of Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider, which consent may be withheld in Landlord’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and servicessole discretion. In the event that If telecommunications equipment, wiring wiring, and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in on the Building or Property causes interference to equipment used by another party, the Tenant shall will (i) assume all liability related to such interference. The Tenant shall , and will indemnify and hold Landlord harmless from any liabilities and claims against Landlord resulting from such interference, (ii) use reasonable efforts, and shall co-operate cooperate with the Landlord and other parties, to promptly eliminate such interference. In the event that the , (iii) if Tenant is unable to do sopromptly eliminate such interference, the Tenant will substitute alternative equipment that which remedies the situation. If , and (iv) if such interference persists, the Tenant shall discontinue the use of the equipment causing such equipment, interference and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsequipment.

Appears in 2 contracts

Samples: Office Lease Agreement (Liquid Holdings Group LLC), Office Lease Agreement (Liquid Holdings Group LLC)

Telecommunications. The (a) If Tenant acknowledges and agrees that all desires to utilize the services of a telephone and or telecommunications services desired by provider whose equipment is not servicing the Tenant shall be ordered and utilized at the sole expense Building as of the Tenant and only with Effective Date must obtain the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on which consent will not be unreasonably withheld or delayed, before installing its lines or equipment or otherwise providing service within the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse Complex. (b) Landlord's refusal to give its approval consent to the installation of lines or equipment by the Telecommunications Provider will be deemed reasonable unless all of the following conditions are satisfied: i) prior satisfied to Landlord's satisfaction (the installation satisfaction of such conditions will be evidenced by a written agreement between the Telecommunications Provider and Landlord or by any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the other means acceptable to Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees reasonable judgment): (i) Landlord will incur no expense whatsoever with respect to remove, at the Landlord’s request, all cabling at the expiry or earlier termination any aspect of the Term Telecommunications Provider's provision of its services, including, without limitation, the Lease;costs of installation, materials, utilities (including the cost of any separate meters) and service. (ii) prior to commencement of Before commencing any work in or about the Building by the providerBuilding, the provider shall execute the Landlord’s standard telecommunications agreement, and shall Telecommunications Provider must supply the Landlord with such written indemnities, insuranceinsurance verifications, financial statements, and such other items as the Landlord reasonably determines deems to be necessary;necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Telecommunications Provider. (iii) Before commencing any work in or about the provider agrees Building, the Telecommunications Provider must agree to abide by such rules the Rules and regulations, building and other codes, job site rules Regulations and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the Landlord. (iv) Landlord must determine, in its reasonable judgment, that there is sufficient space in the Building for the placement of all of the Telecommunications Provider's equipment and materials. (v) The Telecommunications Provider must be licensed and reputable. (vi) The Telecommunications Provider must agree to compensate Landlord for space used in the Building for the storage and maintenance of the Telecommunications Provider's equipment and for all costs which that may reasonably be expected to be incurred by Landlord in arranging for access by the Telecommunications Provider's personnel. (c) Landlord; and v) 's consent under this Section 7.8 will not be deemed any kind of warranty or representation by Landlord as to the suitability, competence, or financial strength of the Telecommunications Provider. All telephone and telecommunications services desired by Tenant will be ordered and utilized at the sole risk and expense of Tenant. Tenant agrees that if service by the Telecommunications Provider is interrupted, curtailed, or discontinued, Landlord shall incur will have no expense whatsoever obligation or liability with respect thereto and that Tenant will have the sole obligation to any aspect obtain substitute service at its expense. (d) The provisions of this Section 7.8 may be enforced solely by the provider’s provision of its services, including without limitation, Tenant and Landlord and are not for the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment benefit of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another other party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant Telecommunications Provider will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use not be deemed a third party beneficiary of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsthis Lease.

Appears in 1 contract

Samples: Lease Agreement (OxySure Systems Inc)

Telecommunications. The Except as provided hereinbelow, Tenant acknowledges and agrees that its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have no right of access to and within the Building, for the installation and 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 (“Telecommunications Services”), for part or all telephone of Tenant’s telecommunications within the Building and telecommunications services desired by from the Tenant Building to any other location without Landlord’s prior written consent. All providers of Telecommunications Services shall be ordered and utilized at the sole expense of the Tenant and only required to comply with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by of the Building, applicable Laws and Landlord’s policies and practices for the Building. Tenant acknowledges that Landlord from time shall not be required to time. The provide or arrange for any Telecommunications Services and that Landlord shall have no responsibility for liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, foregoing to the extent any such service is interruptedcontrary, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the if Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to requires the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers one or more satellite dishes or other data transmission equipment on the roof of the Building shall be (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location determined reasonably approved by Landlord. The installation of the Landlord Telecommunications Equipment shall constitute an Alteration and shall be performed in its sole discretionaccordance with and subject to the provisions of Article 8 of this Lease, and the provider Telecommunications Equipment shall use existing Building conduits be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and pipes all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or upon any earlier termination of the Term Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlord, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof to the condition existing prior to the installation of the Lease; ii) prior to commencement of any work in or about the Building by the providerTelecommunications Equipment, the provider shall execute the Landlord’s standard telecommunications agreement, reasonable wear and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationstear excepted.

Appears in 1 contract

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

Telecommunications. The Tenant acknowledges Tenant, and agrees that all telephone Tenant’s telecommunications companies, including, but not limited to, local exchange telecommunications companies and alternative access vendor services companies shall have no right of access to and within the Building, for the installation and operation of telecommunications systems, including, but not limited to, voice, video, data, and any other telecommunications services desired by provided over wire, fiber optic, microwave, wireless, and any other transmission systems, for part or all of Tenant’s telecommunications within the Tenant shall be ordered Building and utilized at from the sole expense of the Tenant and only with the Building to any other location, without Landlord’s prior written consent (which consent shall not be unreasonably withheld or delayed, or unreasonably conditioned). Notwithstanding any provisions of this Section 13.19 to the contrary, and provided Tenant obtains Landlord’s prior written consent as aforesaid, Tenant may make, or perform, certain installations, affecting Tenant’s telecommunications system(s), including a new IT infrastructure upgrade, provided that: (i) any such installation only affect the Premises; (ii) no such installations affect any of the Building mechanical, electrical or plumbing systems, (iii) Tenant shall promptly repair and restore any damage caused by any such installation; and (iv) upon Landlord’s request, at the earlier termination or expiration of this Lease, Tenant shall remove such IT infrastructure, and restore the Premises to the condition that existed on the date of this Lease, reasonable wear and tear and casualty and contemplation excepted. All Notwithstanding the foregoing, Tenant, and Tenant’s or its providers telecommunications equipment companies, including, but not limited to, local exchange telecommunications companies and alternative access vendor services companies, shall be have the right, at Tenant’s cost and remain solely in the Premises orexpense, only with the written approval of the Landlord, to install and maintain on the roof of the Building, and/or in other locations, and in areas in the Building above (including in chases and risers), as reasonably approved by Landlord, a wireless telecommunications system to provide faster internet service to the PremisesPremises (the “Wireless Telecommunication”), such work to be in accordance with rules plans approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed, and regulations adopted which work involving the roof, is to be earned out by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Landlord’s contractor’s, and /or Tenant’s or its provider’s equipmentcontractors (reasonably approved by Landlord), including wiringin each case, nor for any wiring or other infrastructure to which the at Tenant’s telecommunications equipment may cost and expense. Tenant shall also be connected. The Tenant agrees thatresponsible for, and repair, all damage to the extent any such service is interruptedroof, curtailed and to the Building, caused by, or discontinuedresulting from, the Landlord shall have no obligation or liability with respect thereto and it shall be Wireless Telecommunication installation. Upon the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry expiration or earlier termination of the Term of Term, if Landlord elects, Tenant will have the Lease; ii) prior to commencement of any work in or about the Building by the providerWireless Telecommunication equipment and system, the provider shall execute the Landlord’s standard telecommunications agreementwithin, and shall supply the Landlord with such written indemnitiesexclusively serving, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roofremoved, or elsewhere within or in the Building causes interference to equipment used by another party, the and Tenant shall assume have any and all liability related to such interference. The Tenant shall use reasonable effortsdamage caused by the original installation, and shall co-operate with by the Landlord removal, repaired and other parties, restored to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsits original condition.

Appears in 1 contract

Samples: Lease Agreement (Social Capital Suvretta Holdings Corp. I)

Telecommunications. The Tenant acknowledges and agrees that all All telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant Tenant. All installations of telecommunications equipment and only with the prior written consent of the wires shall be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. All the Unless Landlord otherwise requests or consents in writing, all of Tenant’s or its providers 's telecommunications equipment shall be and remain solely in the Premises or, only with and the written approval of the Landlord, telephone closet(s) on the roof of floor(s) on which the Building above the PremisesPremises is located, in accordance with the written rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s 's telecommunications equipment, including wiring, wire; nor for any wiring or other infrastructure to which the Tenant’s 's telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinueddiscontinued from any cause whatsoever, the Landlord shall have no obligation or liability with respect thereto unless such interruption is caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors. Landlord shall have the right to interrupt or turn off telecommunications facilities at any time in the event of emergency (upon reasonable notice) and it at any time other than normal Building hours (upon at least five (5) days' prior written notice) as necessary in connection with the operation of the Building or installation of telecommunications equipment for other tenants of the Building; provided, however, that no such interruption shall continue for more than three (3) consecutive hours nor occur more than once per month without Tenant's prior written consent. Notwithstanding anything in this Sublease to the contrary, any and all telecommunications equipment installed in the Premises or elsewhere in the Building by or on behalf of Tenant, including wiring or other facilities for telecommunications transmittal, shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) removed prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry expiration or earlier termination of the Term of Term, by Tenant at its sole cost. Notwithstanding anything in this Sublease to the Lease; ii) prior to commencement of contrary, Tenant shall not utilize any work wireless communications equipment (other than usual and customary cellular telephones, computers, and wireless computer networks), including antennae and satellite receiver dishes, in or about on the Building by and/or the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and servicesPremises. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building Building, causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The , Tenant shall use reasonable efforts, and shall co-operate cooperate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will shall substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s 's discretion, remove such equipment according to foregoing specifications.

Appears in 1 contract

Samples: Sublease Agreement (A21 Inc)

Telecommunications. The (a) In the event that Tenant acknowledges and agrees that all wishes to utilize the services of a telephone and or telecommunications services desired by provider whose equipment is not servicing the Tenant shall be ordered and utilized at the sole expense Building as of the Tenant and only with date of Tenant's execution of this Lease ("Provider"), such Provider will be required to obtain the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, before installing its lines or equipment within the LandlordComplex. All In no event will the Tenant’s or its providers telecommunications equipment shall Provider be and remain solely in the Premises or, only with the written approval permitted to provide service to any occupant of the Complex other than Tenant, without the prior written consent of Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord which consent shall have no responsibility for the maintenance of the Tenant’s not be unreasonably withheld or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse delayed. (b) Xxxxxxxx's refusal to give its approval consent to the installation of lines or equipment by the Provider will be deemed reasonable unless all of the following conditions are satisfied: i) prior satisfied to Landlord's satisfaction, the installation satisfaction of such conditions to be evidenced by a written agreement between Provider and Landlord or by any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the other means acceptable to Landlord in its sole discretionreasonable judgment: (1) Landlord will incur no expense whatsoever with respect to any aspect of Provider's provision of its services, including, without limitation, the costs of installation, materials, utilities (including the cost of any separate meters) and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Leaseservice; ii(2) prior Prior to commencement of any work in or about the Building by the providerProvider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall Provider will supply the Landlord with such written indemnities, insuranceinsurance verifications, financial statements, and such other items as the Landlord reasonably determines deems to be necessarynecessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Provider; iii(3) Prior to the commencement of any work in or about the Building by the Provider, (i) Landlord and Provider will enter into Landlord's standard Riser and Telecommunication License Agreement, (ii) the provider agrees Provider will agree to abide by such rules the Rules and regulationsRegulations, building the terms in the Riser and other codes, job site rules Telecommunications License Agreement applicable to the work and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building Building, and Landlord, including, without limitation, providing security in such form and amount as determined by Landlord and (iii) all communications and equipment installed by such Provider must be neatly organized and labeled by such Provider with Xxxxxx's name and the Landlordsuite number of the Premises; (4) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the Provider's equipment and materials; (5) The Provider is licensed and reputable; and iv(6) the Landlord shall receive from the provider such compensation as determined by the The Provider agrees to compensate Landlord for space used in the fair market value Building for the storage and maintenance of a provider’s access to the Building, Provider's equipment and the for all costs which that may reasonably be expected to be incurred by Landlord in arranging for access by the Provider's personnel, security for Provider's equipment, and any other such costs as Landlord may reasonably expect to incur. (c) Landlord; and v) the Landlord 's consent under this section shall incur no expense whatsoever with respect to not be deemed any aspect kind of the provider’s provision of its serviceswarranty or representation by Landlord, including including, without limitation, any warranty or representation as to the costs suitability, competence, or financial strength of installationProvider. (d) Xxxxxx acknowledges and agrees that all telephone and telecommunications services desired by Xxxxxx will be ordered and utilized at the sole risk and expense of Tenant. (e) Tenant agrees that, materials to the extent service by Provider is interrupted, curtailed, or discontinued, Landlord will have no obligation or liability with respect thereto and services. In it will be the event that telecommunications equipmentsole obligation of Tenant at its expense to obtain substitute service. (f) The provisions of this Section 11 may be enforced solely by the Tenant and Landlord, wiring and facilities or satellite and antennae equipment are not for the benefit of any type installed by or at the request other party. No Provider will be deemed a third party beneficiary of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsthis Lease.

Appears in 1 contract

Samples: Office Lease Agreement (CarGurus, Inc.)

Telecommunications. The Tenant acknowledges and agrees that all All telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant Tenant. All installations of telecommunications equipment and only with the prior written consent of the wires shall be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. All the Unless Landlord otherwise requests or consents in writing, all of Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with and the written approval of the Landlord, telephone closet(s) on the roof of floor(s) on which the Building above the PremisesPremises is located, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s telecommunications equipment, including wiring, wire; nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinueddiscontinued from any cause whatsoever, the Landlord shall have no obligation or liability with respect thereto unless such interruption is caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors. Landlord shall have the right, upon reasonable prior notice to Tenant, to interrupt or turn off telecommunications facilities at any time in the event of emergency and it at any time other than normal Building hours as necessary in connection with the operation of the Building or installation of telecommunications equipment for other tenants of the Building. Any and all telecommunications equipment installed in the Premises or elsewhere in the Building by or on behalf of Tenant, including wiring or other facilities for telecommunications transmittal, shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) removed prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry expiration or earlier termination of the Term Term, by Tenant at its sole cost or, at Landlord’s election, by Landlord at Tenant’s sole cost. Landlord shall have the right upon written notice to Tenant given no later than ten (10) days prior to the expiration of the Term or at any time after a default under this Lease; ii) prior , to commencement require Tenant to abandon and leave in place, without additional payment to Tenant or credit against Base Rent or Additional Rent, any and all telecommunications wiring and related infrastructure, or selected components thereof, located in the Building. In the event that Tenant wishes at any time to utilize the services of any work in a telephone or about the Building by the provider, the telecommunications provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of whose equipment is not then servicing the Building, the tenants in no such provider shall be permitted to install its lines or other equipment within the Building and without first securing the prior written approval of the Landlord; and. Landlord’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or iv(i) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the provider, the provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the provider; (iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the tenants of the Building and Landlord; (iv) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the provider’s equipment and materials; (v) the provider agrees to abide by Landlord’s requirements, if any, that provider use existing Building conduits and pipes or use building contractors (or other contractors approved by Landlord); (vi) Landlord receives from the provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the provider’s equipment, for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord detailed “as built” plans immediately after the installation of the provider’s equipment is complete; and (viii) all of the foregoing matters are documented in a written license or other agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord. Notwithstanding any provision of the preceding paragraphs to the contrary, the refusal of the Landlord to grant its approval to any prospective telecommunications provider shall not be deemed a default or breach by Landlord of its obligation under this Lease unless and until Landlord is adjudicated to have acted unreasonably with respect to Tenant’s request for approval, and in that event, Tenant shall still have no right to terminate the Lease or claim an entitlement to rent abatement, but may as Tenant’s sole and exclusive recourse seek a judicial order of specific performance compelling Landlord to grant its approval as to the perspective provider in question. The provisions of this paragraph may be enforced solely by Tenant and Landlord, are not for the benefit of any other party, and specifically but without limitation, no telephone or telecommunications provider shall be deemed a third party beneficiary of this Lease. Tenant shall not utilize any wireless communications equipment (other than usual and customary cellular telephones), including antennae and satellite receiver dishes, in or on the Building, without Landlord’s prior written consent. Such consent may be conditioned in such a manner so as to protect Landlord’s financial interests and the interests of the Building, and the other tenants therein, in a manner similar to the arrangements described in the immediately preceding paragraphs. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The , Tenant shall use reasonable efforts, and shall co-operate cooperate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will shall substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specifications.

Appears in 1 contract

Samples: Lease Agreement (Website Pros Inc)

Telecommunications. (a) If Tenant wishes to utilize the services of a telephone or telecommunications provider whose equipment is not servicing the Building as of the date Tenant desires to utilize such services ("Provider"), no such Provider shall be permitted to install its lines or other equipment within the Building without first securing the prior written consent of Landlord, which consent shall be at Landlord's sole and absolute discretion. (b) Without limiting the generality of the foregoing, Landlord will not unreasonably withhold its consent to a Provider if all of the following conditions are satisfied to Landlord's satisfaction in a written agreement between Provider and Landlord or by any other means acceptable to Landlord in its reasonable judgment. (1) Landlord shall incur no expense whatsoever with respect to any aspect of Provider's provision of its services, including, without limitation, the costs of installation, materials, utilities (including the cost of any separate meters) and service; (2) Prior to commencement of any work in or about the Building by Provider, Provider shall supply Landlord with such written indemnities, insurance verifications, financial statements, and such other items as Landlord reasonably deems to be necessary to protect its financial interests and the interest of the Building relating to the proposed activities of the Provider; (3) Prior to the commencement of any work in or about the Building by the Provider, the Provider shall agree to abide by the Rules and Regulations and such other requirements as are reasonably determined by Landlord to be necessary to protect the interest of the Building, the tenants in the Building, and the Landlord, including, without limitation, providing security in such form and amount as determined by Landlord; (4) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the Provider's equipment and materials; (5) The Provider is licensed and reputable; and (6) Provider agrees to compensate Landlord for space used in the Building for the storage and maintenance of the Provider's equipment and for all costs that may be incurred by Landlord in arranging for access by the Provider's personnel, security for Provider's equipment, and any other such costs as Landlord may expect to incur. (c) Landlord's consent under this section shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of Provider. (d) Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole risk and expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The . (e) Tenant agrees that, that to the extent any such service by Provider is interrupted, curtailed curtailed, or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation . (f) The provisions of the foregoing standard, it shall this Section 11 may be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined enforced solely by the Landlord in its sole discretion, Tenant and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at are not for the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement benefit of any work in or about the Building by the providerother party; specifically, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs no telephone or telecommunications provider shall be deemed a third party beneficiary of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsthis Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Petroleum Place Inc)

Telecommunications. (a) In the event that Tenant wishes to utilize the services of a telephone or telecommunications provider whose equipment is not servicing the Building as of the date of Tenant's execution of this Lease ("Provider"), such Provider shall be required to obtain the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed, before installing its lines or equipment within the Complex. In no event shall the Provider be permitted to provide service to any occupant of the Complex other than Tenant, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. (b) The installation of lines or equipment by the Provider shall be subject to the satisfaction of the following conditions: (1) Tenant shall be responsible for and shall pay all costs incurred in connection with the installation of telephone cables and related wiring in the Premises, including, without limitation, any hook-up, access and maintenance fees related to the installation of such wires and cables in the Premises and the commencement of service therein, and the maintenance thereafter of such wire and cables; and there shall be included in Tenant’s Share of Basic Operating Costs all installation, hook-up or maintenance costs incurred by Landlord in connection with telephone cables and related wiring in the Building which are not allocable to any individual users of such service but are allocable to the Building generally. Notwithstanding the foregoing, Landlord acknowledges that Tenant shall have the right to elect to apply any unused portion of the Improvement Allowance to pay any of the foregoing costs that are incurred in connection with Tenant’s initial move-in and occupancy of the Premises. (2) Prior to commencement of any work in or about the Building by Provider, Provider shall supply Landlord with such written indemnities, insurance verifications, financial statements, and such other items as Landlord reasonably deems to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Provider. (3) Prior to the commencement of any work in or about the Building by the Provider (i.e., a provider who is not currently providing telephone or communications services to the Building), (i) if the Provider requested by Tenant is a Provider other than AT&T, Time Warner or Verizon, Landlord and Tenant shall enter into Landlord’s standard Riser and Telecommunication License Agreement or another form previously approved by Landlord in connection with any the commencement of telephone or communications services to the Building by any existing Provider to the Building, and (ii) the Provider shall agree to abide by the Rules and Regulations, the terms in the Riser and Telecommunications License Agreement applicable to the work and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the tenants in the Building, and the Landlord, including, without limitation, providing security in such form and amount as determined by Landlord. (4) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the Provider's equipment and materials. (5) The Provider is licensed. (6) The Provider agrees to compensate Landlord for space used in the Building for the storage and maintenance of the Provider's equipment that is dedicated to and used exclusively by Tenant and for all costs that may be incurred by Landlord in arranging for access by the Provider's personnel, security for Provider's equipment, and any other such costs as Landlord may reasonably expect to incur. (c) If Tenant fails to maintain all telephone cables and related wiring in the Premises and such failure affects or interferes with the operation or maintenance of any other telephone cables or related wiring in the Building, Landlord or any vendor hired by Landlord may enter into and upon the Premises forthwith and perform such repairs, restorations or alterations as Landlord deems necessary in order to eliminate any such interference (and Landlord may recover from Tenant all of Landlord's costs in connection therewith). Upon the expiration or earlier termination of this Lease, Tenant agrees to remove all telephone cables and related wiring installed by Tenant for and during Tenant's occupancy which serve only the Premises (as opposed to tenants in the Building generally), which Landlord shall request Tenant to remove. Tenant agrees that neither Landlord nor any of its agents or employees shall be liable to Tenant, or any of Tenant's employees, agents, customers or invitees or anyone claiming through, by or under Tenant, for any damages, injuries, losses, expenses, claims or causes of action because of any interruption, diminution, delay or discontinuance at any time for any reason in the furnishing of any telephone service to the Premises and the Building (d) Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole risk and expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The . (e) Tenant agrees that, to the extent any such service by Provider is interrupted, curtailed curtailed, or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation service unless such interruption, curtailment or discontinuance is caused by some negligent act or omission of the foregoing standard, it shall Landlord. (f) The provisions of this Section 11 may be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined enforced solely by the Landlord in its sole discretion, Tenant and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at are not for the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement benefit of any work in or about the Building by the provider, the provider other party. No Provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests deemed a third party beneficiary of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsthis Lease.

Appears in 1 contract

Samples: Office Lease Agreement (FSP Galleria North Corp)

Telecommunications. The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable responsible for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment new telecommunications systems in the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building Leased Premises which installations shall be approved in a location determined writing by the Landlord in its sole discretion, before the commencement of the work. Permission for all telecommunications services to the Building and to or from the provider shall use existing Building conduits and pipes or use contractors approved telephone room(s) must be received from the Landlord before the commencement of the work. If required by the Landlord, the telecommunication provider must have an access agreement for the Building, and agrees must provide drawings to removethe Landlord with the request for its installation. Drawings are to be done by the Landlord’s building consultant at the Tenant’s expense. All telecommunications installations installed by or on behalf of the Tenant will be kept installed in the Leased Premises or removed (with any damage from such removal repaired) by the Tenant at the Tenant’s sole cost and expense, as the Landlord may direct, upon expiration or sooner termination of the lease. The responsibility for maintaining, repairing, servicing and removal of the installations shall be solely that of the Tenant, and not of the Landlord.” 6. The Lease is hereby amended by deleting the first sentence of Section 5.1 (Damage to the Leased Premises) and replacing it with “If the Leased Premises or the Building are damaged or destroyed, in whole or in part, by fire or any other occurrence, this Lease shall nonetheless continue in full force and effect and to the extent to which this Lease is not terminated pursuant hereto, the Landlord will repair the Leased Premises as expressly provided in Section 5.2” 7. The Tenant is continuing occupation of the Leased Premises in an “as is” condition and the Landlord is not required to perform any work to the Leased Premises, except the Landlord shall complete the following work, at the Landlord’s requestexpense, all cabling at the expiry or earlier termination of the Term of the Lease;on a once only basis: ii(i) prior to commencement of any work in or about the Building by the provider, the provider Main front doors shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its servicesrepaired, including without limitation, the costs of installation, materials lock protection metal plate and services. In base plate repaired and adjusted so the event that telecommunications equipment, wiring door hinge no longer sinks and facilities or satellite and antennae equipment of any type installed by or at rubs along the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interferencebottom. The Tenant acknowledges that the Landlord will not complete this work until this Agreements has been fully executed. 8. All covenants, conditions and agreements contained in the Lease shall use reasonable effortsremain in full force and effect and unamended except as otherwise expressly set forth herein. 9. This Agreement may be executed in any number of counterparts; with the same effect as if all parties had signed the same document and will become effective once a signed counterpart is delivered by each of the parties to the other. The parties agree that the delivery of an executed copy of this Agreement by facsimile or electronically shall be legal and binding and shall have the same full force and effect as if the original executed copy of this Agreement had been delivered. 10. This Agreement shall extend to, be binding upon, and shall co-operate with enure to the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do sobenefit of, the Tenant will substitute alternative equipment that remedies the situation. If such interference persistsparties hereto, the Tenant shall discontinue the use of such equipmenttheir respective heirs, andexecutors, at the Landlord’s discretionadministrators, remove such equipment according to foregoing specificationssuccessors and assigns.

Appears in 1 contract

Samples: Lease Extension Agreement (Fuelcell Energy Inc)

Telecommunications. The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the LandlordTenant. All the Tenant’s or its providers installations of telecommunications equipment and wires shall be accomplished pursuant to plans and remain solely specifications approved in the Premises or, only with the written approval of the advance in writing by Landlord, on the roof of the Building above the Premisessuch approval not to be unreasonably withheld, delayed or conditioned. Except as may be otherwise provided for in accordance with rules and regulations adopted by the Landlord from time to time. The this Lease, Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s telecommunications equipment, including wiring, wire; nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinueddiscontinued from any cause whatsoever, the unless such loss, or damage results from any fault, default, negligence, act or omission of Landlord or its agents, servants, employees, or any other person for whom Landlord is in law responsible, Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation Landlord shall have the right, upon reasonable prior notice to Tenant, to temporarily interrupt or turn off telecommunications facilities in the event of emergency or as necessary in connection with the operation of the foregoing standardBuilding or installation of telecommunications equipment for other tenants of the Building. Landlord shall exercise its rights under this paragraph, it to the extent possible in the circumstances, in such manner so as to minimize interference with Tenant’s use and enjoyment of the Premises. Any and all telecommunications equipment installed in the Premises or elsewhere in the Building by or on behalf of Tenant, including wiring or other facilities for telecommunications transmittal, shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) removed prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry expiration or earlier termination of the Term of the Lease;Term, by Tenant at its sole cost. ii(i) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the provider, the provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the provider; (iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the tenants of the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to alterations as described in Section 4.2 of this Lease; (iv) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the provider’s equipment and materials; (v) the provider agrees to abide by Landlord’s requirements, if any, that provider use existing Building conduits and pipes or use building contractors (or other contractors approved by Landlord); (vi) Landlord receives from the provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the provider’s equipment, for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord detailed “as built” plans immediately after the installation of the provider’s equipment is complete; and (viii) all of the foregoing matters are documented in a written license or other agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord. Notwithstanding any provision of the preceding paragraphs to the contrary, the refusal of Landlord to grant its approval to any prospective telecommunications provider shall not be deemed a default or breach by Landlord of its obligation under this Lease unless and until Landlord is adjudicated to have acted recklessly or maliciously with respect to Tenant’s request for approval, and in that event, Tenant shall still have no right to terminate the Lease or claim an entitlement to rent abatement, but may as Tenant’s sole and exclusive recourse seek a judicial order of specific performance compelling Landlord to grant its approval as to the perspective provider in question. The provisions of this paragraph may be enforced solely by Tenant and Landlord, are not for the benefit of any other party, and specifically but without limitation, no telephone or telecommunications provider shall be deemed a third party beneficiary of this Lease. Tenant shall not utilize any wireless communications equipment (other than usual and customary cellular telephones), including antennae and satellite receiver dishes, within the Premises or the Building, without Landlord’s prior written consent such approval not to be unreasonably withheld, delayed or conditioned. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The , Tenant shall use reasonable efforts, and shall co-operate cooperate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will shall substitute alternative equipment that which remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specifications.

Appears in 1 contract

Samples: Lease Agreement (Pricesmart Inc)

Telecommunications. The Tenant acknowledges shall install and agrees that maintain all telephone required interbuilding network cable and other communications wires and cables necessary to serve the Premises from the point of presence in the Building. Tenant shall install and maintain all required interbuilding network cable and other communications wires and cables necessary to connect the Premises in the East Building and the Premises in the South Building. Tenant shall obtain any telecommunications services desired within the Building from vendors selected by Landlord or approved by Landlord in its reasonable discretion (a "Provider"). In the event that Tenant desires to obtain telecommunications services from a Provider not selected by Landlord then Tenant shall submit to Landlord a list of such proposed vendor(s) together with such other information regarding the vendors as Landlord may request, including financial information, references from at least two (2) owners of comparable projects in which the vendor has experience and a description of the vendor's business activities in downtown Bellevue. Landlord shall notify Tenant within fifteen (15) Business Days of receipt of the list (and any additional information reasonably requested by Landlord) if Landlord approves any of Tenant's proposed vendors. Failure to notify Tenant shall be ordered deemed disapproval. Subject to the balance of this Section 6.3, Landlord hereby approves Electric Lightwave, Inc. as a Provider. If ----------- Landlord approves any telecommunication Provider selected by Xxxxxx, the Provider must agree in writing to abide by all of Landlord's policies and utilized procedures for telecommunications vendors and to pay for the use of any space outside the Premises in which the Provider's equipment is installed at the sole expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted rate established by the Landlord from time to time; provided, however, that the Provider -------- ------- shall not be required to pay for temporary space used only during the period of installation. The Provider shall also reimburse Landlord for the reasonable costs incurred by Landlord to build out such space. If Tenant desires to utilize the services of a Provider not selected by Landlord, such Provider must obtain the written consent of Landlord to the plans and specifications for its lines or equipment within the Building prior to installation in the Building and must install such lines and equipment in locations designated by Landlord. Tenant shall obtain any necessary governmental permits relating to the installation, use or operation of Provider's lines and equipment. Landlord shall have no responsibility for the maintenance provide Tenant and its Provider and contractors with reasonable access to portions of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which Building outside the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, Premises to the extent necessary to install, maintain or replace any such telecommunications equipment serving the Premises. Xxxxxxxx's consent to a Provider shall not be deemed to constitute a representation or warranty as to the suitability, capability or financial strength of any Provider. To the extent the service by a Provider is interrupted, curtailed or discontinueddiscontinued for any reason whatsoever, the Landlord shall have no obligation or liability with respect thereto in connection therewith, except to the extent caused by Landlord's gross negligence or intentional misconduct. The provisions of this Section are solely for the benefit of Tenant and it Landlord, are not for the benefit of any third party, and no telephone or telecommunications provider shall be deemed a third party beneficiary hereof. Tenant acknowledges and agrees that Landlord has not represented or warranted that Tenant will have unlimited access to riser space or other space outside the sole obligation Premises for the purpose of the installing telecommunications equipment and Landlord shall have no obligation to construct or designate additional riser space or equipment space to accommodate the Tenant's or its Provider's telecommunications equipment. Tenant at acknowledges that roof and riser space are a finite commodity and that Landlord may in its expense discretion limit Tenant's total use of such space to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans accommodate and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof take into account use of the Building shall be in a location determined by the Landlord in its sole discretion, systems and the provider shall use existing needs of other Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationstenants.

Appears in 1 contract

Samples: Office Building Lease (Onyx Software Corp/Wa)

Telecommunications. The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant Tenant. All installations of telecommunications equipment and only with the prior written consent of the wires shall be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. All the Unless Landlord otherwise requests or consents in writing, all of Tenant’s or its providers 's telecommunications equipment shall be and remain solely in the Premises or, only with and the written approval of the Landlord, telephone closet(s) on the roof of floor(s) on which the Building above the PremisesPremises is located, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s 's telecommunications equipment, including wiring, wire; nor for any wiring or other infrastructure to which the Tenant’s 's telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinueddiscontinued from any cause whatsoever, the whether or not such loss, or damage results from any fault, default, negligence, act or omission of Landlord or its agents, servants, employees, or any other person for whom Landlord is in law responsible, Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Landlord shall have the right, upon reasonable prior notice to Tenant, to interrupt or turn off telecommunications facilities in the event of emergency or as necessary in connection with the operation of the Building or installation of telecommunications equipment for other tenants of the Building. Any and all telecommunications equipment installed in the Premises or elsewhere in the Building by or on behalf of Tenant, including wiring or other facilities for telecommunications transmittal, shall at Landlord's request be removed prior to the expiration or earlier termination of the Term, by Tenant at its sole cost or, at Landlord's election, by Landlord at Tenant's sole cost, with the cost thereof to be paid as Additional Rent; provided, however, that Landlord shall make such request at the time it consents to the installation of such telecommunications equipment. In the event that Tenant wishes at any time to utilize the services of a telephone or telecommunications provider whose equipment is not then servicing the Building, no such provider shall be permitted to install its lines or other equipment within the Building without first securing the prior written approval of the Landlord. Landlord's approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the provider. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: satisfied to Landlord's satisfaction, it shall be reasonable for Landlord to refuse to give its approval: (i) prior Landlord shall incur no expense whatsoever with respect to any aspect of the installation of any equipment the provider shall provide plans and specifications for the installation provider's provision of its equipment for services, including without limitation, the Landlord’s prior approvalcosts of installation, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, materials and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; services; (ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the provider; (iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants of the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to alterations as described in Section 4.2 of this Lease; (iv) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the provider's equipment and the Landlordmaterials; and iv(v) the provider agrees to abide by Landlord's requirements, if any, that provider use existing Building conduits and pipes or use building contractors (or other contractors approved by Landlord); (vi) Landlord shall receive receives from the provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Landlord Building for the storage and maintenance of the provider's equipment, for the fair market value of a provider’s 's access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v(vii) the provider agrees to deliver to Landlord detailed "as built" plans immediately after the installation of the provider's equipment is complete; and (viii) all of the foregoing matters are documented in a written license or other agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord. Notwithstanding any provision of the preceding paragraphs to the contrary, the refusal of the Landlord to grant its approval to any prospective telecommunications provider shall incur no expense whatsoever not be deemed a default or breach by Landlord of its obligation under this Lease unless and until Landlord is adjudicated to have acted recklessly or maliciously with respect to Tenant's request for approval, and in that event, Tenant shall still have no right to terminate the Lease or claim an entitlement to rent abatement, but may as Tenant's sole and exclusive recourse seek a judicial order of specific performance compelling Landlord to grant its approval as to the perspective provider in question. The provisions of this paragraph may be enforced solely by Tenant and Landlord, are not for the benefit of any aspect of the provider’s provision of its servicesother party, including and specifically but without limitation, no telephone or telecommunications provider shall be deemed a third party beneficiary of this Lease. Tenant shall not utilize any wireless communications equipment (other than usual and customary cellular telephones or wireless internet access), including antennae and satellite receiver dishes, within the costs Premises or the Building, without Landlord's prior written consent. Such consent may be conditioned in such a manner so as to protect Landlord's financial interests and the interests of installationthe Building, materials and servicesthe other tenants therein, in a manner similar to the arrangements described in the immediately preceding paragraphs. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The , Tenant shall use reasonable efforts, and shall co-operate cooperate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will shall substitute alternative equipment that which remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s 's discretion, remove such equipment according to foregoing specifications.

Appears in 1 contract

Samples: Full Service Lease Agreement (Teamstaff Inc)

Telecommunications. The Tenant may elect to utilize the services of a telephone or telecommunications provider whose equipment is not presently servicing the Building (a "Provider"), however no Provider shall be permitted to install its lines or other equipment within the Building without first securing the prior written consent of Landlord, which consent shall not be unreasonably withheld. 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 such Provider, which contains terms and conditions acceptable to Landlord. Landlord's consent under this section shall not be deemed any kind of warranty or representation by Landlord, including without limitation any warranty or representation as to the suitability, confidence or financial strength of a Provider. Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant. Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees thatagrees, to the extent any such the service by a Provider is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto in connection therewith (unless the interruption is caused by the negligence or intentional misconduct of Landlord) and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of Notwithstanding any other provision herein to the foregoing standardcontrary, it shall be reasonable for the refusal by Landlord to refuse consent to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider prospective Provider shall provide plans and specifications for the installation not be deemed a default or breach by Landlord of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be obligations under this Lease unless and until Landlord is adjudicated in a location determined final and unappealable court decision to have acted recklessly, maliciously or in bad faith with respect to its refusal. The provisions of this section may be enforced solely by the Landlord in its sole discretion, Tenant and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at are not for the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement benefit of any work in or about the Building by the providerother party, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including specifically without limitation, the costs of installation, materials and services. In the event that no telephone or telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant provider shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsbe deemed a third party beneficiary hereof.

Appears in 1 contract

Samples: Office Lease (Interactive Objects Inc)

Telecommunications. (1) The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense may utilize a telecommunication service provider of the Tenant and only its choice with the Landlord’s prior written consent, which consent shall not be unreasonably withheld, subject to the provisions of this Lease, including but not limited to the following: (a) prior to commencing any work in the Project, the service provider shall execute and deliver the Landlord. All the Tenant’s or its providers telecommunications equipment standard form of licence agreement, which shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable include a provision for the Landlord to refuse to give its approval unless all receive fair market compensation for the use of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications space for the installation of its service provider’s equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Leasematerials; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v(b) the Landlord shall incur no expense or liability whatsoever with respect to any aspect of the provider’s provision of its telecommunication services, including without limitation, the costs cost of installation, materials and services. In service, materials, repairs, maintenance, removal, interruption or loss of telecommunication service; (c) the event Landlord must first reasonably determine that telecommunications equipment, there is sufficient space in the risers of the Building for the installation of the service provider’s wiring and facilities cross connect (provided that there shall at all times be a reasonable amount of space available for use by the Tenant and its service providers having regard to the size of the Leased Premises relative to the size of the Building); and (d) the Tenant shall indemnify and hold harmless the Landlord for all losses, claims, demands, expenses and judgments against the Landlord caused by or satellite arising out of, either directly or indirectly, any acts or omissions by the service provider or the Tenant or those for whom either of them is responsible in law relating to telecommunications services at the Project. Notwithstanding the foregoing, if the Tenant utilizes an existing telecommunications service provider that has been previously approved by the Landlord and antennae equipment is providing telecommunication services within the Building pursuant to an agreement with the Landlord, the provisions of this Section 5.15(1) shall not be applicable; provided that the Tenant shall indemnify and hold harmless the Landlord for all losses, claims, demands, expenses and judgments against the Landlord that are caused by or arising out of any type installed acts or omissions by the Tenant or those for whom the Tenant is responsible in law relating to the Tenant’s telecommunications services at the request Project. (2) The Tenant shall be responsible for the costs associated with the supply and installation of telephone, computer and other communication equipment and systems and related wiring within the Leased Premises to the boundary of the Tenant within Leased Premises for hook up or other integration with telephone and other communication equipment and systems of a telephone or other communication service provider, which equipment and systems of the Premises, on the roof, service provider are located or elsewhere within or are to be located in the Building causes interference pursuant to the Landlord’s standard form of licence agreement and, subject to the provisions of Section 14.01, for the removal of same. (3) The Landlord shall supply space in risers in the Building and space on floor(s) of the Building in which the Leased Premises are located, the location of which shall be designated by the Landlord in its discretion, to telecommunication service providers who have entered into the Landlord’s standard form of licence agreement for the purpose, without any cost or expense to the Landlord therefor, of permitting installation in such risers and on such floor(s) of telephone and other communication services and systems (including data cable patch panels) to the Leased Premises at a point designated by the Landlord. (4) The Tenant will not install or use any telecommunication equipment (including, without limitation, any wireless equipment, antennae or related equipment) that creates a health hazard or that interferes with the operating systems of the Building or the telecommunication equipment of the Landlord or other occupants of the Building. (5) No antennae or wireless equipment will be installed in the Leased Premises or (except so called “cell phones”, pagers, personal data assistants (“PDAs”) or similar devices typically used by another party, occupants of office premises) used on the Leased Premises without the Landlord’s prior written consent (which consent may not be unreasonably withheld). The Landlord consents to the use by the Tenant of wireless internet within the Leased Premises provided that the Landlord shall assume all liability related have the right to review and approve the specifications for such interferencewireless internet prior to its installation. The Should any such equipment be permitted: (a) the Tenant shall use reasonable efforts, and shall co-operate will be required to cooperate fully with the Landlord and other partiesothers if any spectrum management requirements or programs are put in place to ensure that radio frequencies, to promptly eliminate such interference. In channels and unlicensed portions of the event that radio frequency spectrum operate harmoniously within the Building and do not cause any interference with telecommunications or systems outside of the Building; (b) the Tenant is unable may be required to do sopay an equitable share, determined by the Landlord, of the costs incurred by the Landlord for spectrum management, as well as costs of monitoring, inspecting, investigating, and obtaining reports relating to wireless equipment usage; and (c) the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at abide by any reasonable recommendations made by the Landlord’s discretionConsultants relating to spectrum management and the mitigation of interference, remove such security and reception issues. (6) The Tenant acknowledges that the Landlord makes no representation concerning, and assumes no responsibility for, any telecommunications or telecommunications equipment according of the Tenant or for managing, controlling or protecting telecommunications of the Tenant. The Tenant is fully responsible for satisfying itself concerning all aspects of the Building, its operations and those of its occupants having regard to foregoing specificationstelecommunication matters and related equipment and will indemnify the Landlord against all Claims relating to disruption that are made by third parties with whom the Tenant or occupants of the Leased Premises communicate via telecommunications. (7) The Tenant shall not resell telecommunication services (wireless or otherwise) using equipment situated on the Leased Premises or in the Building. (8) The Tenant will not permit any personnel employed by it or any occupant of the Leased Premises to engage in so called “hacking” or other unauthorized use of telecommunication or wireless facilities in, adjacent to or serving the Building or any of its occupants.

Appears in 1 contract

Samples: Lease Agreement (Shopify Inc.)

Telecommunications. The Tenant acknowledges and agrees Tenant's telecommunications companies, including but not limited to local exchange telecommunications companies and alternative access vendor services companies ("Telecommunications Companies"), shall have a reasonable and necessary right of access to and within the lands or Buildings comprising the Park (including any necessary easements or rights of way), at no additional fee, costs or expense to Tenant, (except that all telephone Tenant shall reimburse Landlord for the cost incurred by Landlord in reviewing any such easement or right of way) for the installation and operation of telecommunications lines and systems including but not limited to voice, video, data, and any other telecommunications services desired by provided over wire, fiber optic, microwave, wireless and any other transmission systems, for a part or all of Tenant's telecommunications within the Building and from the Building to any other location (hereinafter collectively referred to as "Telecommunications Lines"), with Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant may perform any installation, repair and/or maintenance to its Telecommunications Lines without Landlord's consent where the equipment being installed, repaired or maintained is not located in the area in which the Telecommunications Lines or any part thereof of any other tenant or of Landlord are located. Tenant shall pay the cost of recording of any such easement and/or right of way. Tenant shall use all reasonable efforts to cause same to be ordered and utilized discharged of record upon expiration of the Term. If at any time, Tenant's Telecommunications Companies or appropriate governmental authorities relocate the point of demarcation from the location of Tenant's telecommunications equipment in Tenant's telephone equipment room or other location, to some other mutually agreed location within the equipment room, or in any other manner transfer any obligations or liabilities for telecommunications to Landlord or Tenant, whether by operation of law or otherwise, upon Landlord's election, Tenant shall, at Tenant's sole expense and cost: (i) within ninety (90) days after notice is first given to Tenant of Landlord's election, cause to be completed by an appropriate telecommunications engineering entity approved in advance in writing by Landlord, all details of the Telecommunications Lines serving Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises orBuilding which details shall include all appropriate plans, only with schematics, and specifications; and (ii) if Landlord so elects, after written notice to Tenant of same, immediately undertake the written approval of the Landlordoperation, on the roof of the Building above the Premises, in accordance with rules repair and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor Telecommunications Lines serving Tenant in the Building; and (iii) upon the termination of this lease for any wiring reason, or other infrastructure upon expiration of this lease, immediately, after written notice to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation same, effect the complete removal of all or any portion or portions of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants Telecommunications Lines serving Tenant in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to repair any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsdamage caused thereby.

Appears in 1 contract

Samples: Lease (Net2000 Communications Inc)

Telecommunications. The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant Tenant. All installations of telecommunications equipment and only with the prior written consent of the wires shall be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. All the Unless Landlord otherwise requests or consents in writing, all of Tenant’s or its providers 's telecommunications equipment shall be and remain solely in the Tenant's Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s 's telecommunications equipment, including wiring, ; nor for any wiring or other infrastructure to which the Tenant’s 's telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinueddiscontinued from any cause whatsoever, the whether or not such loss, or damage results from any fault, default, negligence, act or omission of Landlord or its agents, servants, employees, or any other person for whom Landlord is in law responsible, Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Landlord shall have the right, upon reasonable prior notice to Tenant, to interrupt or turn off telecommunications facilities in the event of emergency or as necessary in connection with the operation of the Building or installation of telecommunications equipment for other tenants of the Building. Any and all telecommunications equipment installed in the Premises or elsewhere in the Building by or on behalf of Tenant, including wiring, or other facilities for telecommunications transmittal, shall be removed prior to the expiration or earlier termination of the Lease term, by Tenant at its sole cost or, at Landlord's election, by Landlord at Tenant's sole cost, with the cost thereof to be paid as additional rent. Landlord shall have the right, however, upon written notice to Tenant given no later than ten (10) days prior to the expiration or earlier termination of the Lease term, to require Tenant to abandon and leave in place, without additional payment to Tenant or credit against rent, any and all telecommunications wiring and related infrastructure, or selected components thereof, whether located in the Tenant's Premises or elsewhere in the Building. In the event that Tenant wishes at any time to utilize the services of a telephone or telecommunications provider whose equipment is not then servicing the Building, no such provider shall be permitted to install its lines or other equipment within the Building without first securing the prior written approval of the Landlord, which consent shall not be unreasonably withheld. Landlord's approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the provider. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: satisfied to Landlord's satisfaction, it shall be reasonable for Landlord to refuse to give its approval: (i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specifications.expense

Appears in 1 contract

Samples: Office Lease (Lecstar Corp)

Telecommunications. The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall will be ordered and utilized at the sole expense of the Tenant Tenant. All installations of telecommunications equipment and only with the prior written consent of the wires will be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. All the Unless Landlord otherwise requests or consents in writing, all of Tenant’s or its providers telecommunications equipment shall will be and remain solely in the Premises or, only with and the written approval of the Landlord, telephone closet(s) on the roof of floor(s) on which the Building above the PremisesPremises is located, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall will have no responsibility for the maintenance of the Tenant’s or its provider’s telecommunications equipment, including wiringwire, nor or for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinueddiscontinued from any cause whatsoever, the whether or not such loss or damage results from any fault, default, negligence, act or omission of Landlord shall or its agents, servants, employees, or any other person for whom Landlord is in law responsible, Landlord will have no obligation or liability with respect thereto and it shall will be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation Landlord will have the right, upon reasonable prior notice to Tenant, to interrupt or turn off telecommunications facilities in the event of an Emergency or as necessary in connection with the operation of the foregoing standard, it shall be reasonable Building or installation of telecommunications equipment for the Landlord to refuse to give its approval unless all other tenants of the following conditions are satisfied: i) prior to Building. Tenant will not utilize any wireless communications equipment (other than usual and customary cellular telephones), including antennae and satellite receiver dishes, within the installation of any equipment Premises or the provider shall provide plans and specifications for the installation of its equipment for the Building, without Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall written consent. Such consent may be conditioned in such a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees manner so as to remove, at the protect Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, financial interests and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, and the other tenants therein, in a manner similar to the arrangements described in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and servicesimmediately preceding paragraphs. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall will assume all liability related to such interference. The , Tenant shall will use reasonable efforts, and shall co-operate will cooperate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that which remedies the situation. If such interference persists, the Tenant shall will discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to the foregoing specifications.

Appears in 1 contract

Samples: Lease Agreement (Nextel Partners Inc)

Telecommunications. The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant Tenant. All installations of telecommunications equipment and only with the prior written consent of the wires shall be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. All the Unless Landlord otherwise requests or consents in writing, all of Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with and the written approval of the Landlord, telephone closet(s) on the roof of floor(s) on which the Building above the PremisesPremises is located, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s telecommunications equipment, including wiring, wire; nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinueddiscontinued from any cause whatsoever, the whether or not such loss, or damage results from any fault, default, negligence, act or omission of Landlord or its agents, servants, employees, or any other person for whom Landlord is in law responsible, Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Landlord shall have the right, upon reasonable prior notice to Tenant, to interrupt or turn off telecommunications facilities in the event of emergency or as necessary in connection with the operation of the Building or installation of telecommunications equipment for other tenants of the Building; provided, however, in the event of an interruption or shut down due to any circumstance other than a event of emergency, Landlord shall use its best efforts to obtain Tenant’s prior consent and to coordinate such interruption or shut down with Tenant so as to avoid any material adverse effect on Tenant’s business or operations. Any and all telecommunications equipment installed in the Premises or elsewhere in the Building by or on behalf of Tenant, including wiring or other facilities for telecommunications transmittal, shall be removed prior to the expiration or earlier termination of the Term, by Tenant at its sole cost or, at Landlord’s election, by Landlord at Tenant’s sole cost, with the cost thereof to be paid as Additional Rent. Landlord shall have the right, however, upon written notice to Tenant given no later than ten (10) days prior to the expiration or earlier termination of the Term, to require Tenant to abandon and leave in place, without additional payment to Tenant or credit against Base Rent or Additional Rent, any and all telecommunications wiring and related infrastructure, or selected components thereof, whether located in the Premises or elsewhere in the Building. In the event that Tenant wishes at any time to utilize the services of a telephone or telecommunications provider whose equipment is not then servicing the Building, no such provider shall be permitted to install its lines or other equipment within the Building without first securing the prior written approval of the Landlord. Landlord’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the provider. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: satisfied to Landlord’s satisfaction, it shall be reasonable for Landlord to refuse to give its approval: (i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the provider, the provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the provider; (iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the tenants of the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to alterations as described in Article 9 of this Lease; (iv) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the provider’s equipment and materials; (v) the provider agrees to abide by Landlord’s requirements, if any, that provider use existing Building conduits and pipes or use building contractors (or other contractors approved by Landlord); (vi) Landlord receives from the provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the provider’s equipment, for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord detailed “as built” plans immediately after the installation of the provider’s equipment is complete; and (viii) all of the foregoing matters are documented in a written license or other agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord. Notwithstanding any provision of the preceding paragraphs to the contrary, the refusal of the Landlord to grant its approval to any prospective telecommunications provider shall not be deemed a default or breach by Landlord of its obligation under this Lease unless and until Landlord is adjudicated to have acted recklessly or maliciously with respect to Tenant’s request for approval, and in that event, Tenant shall still have no right to terminate the Lease or claim an entitlement to rent abatement, but may as Tenant’s sole and exclusive recourse seek a judicial order of specific performance compelling Landlord to grant its approval as to the prospective provider in question. The provisions of this paragraph may be enforced solely by Tenant and Landlord, are not for the benefit of any other party, and specifically but without limitation, no telephone or telecommunications provider shall be deemed a third party beneficiary of this Lease. Tenant shall not utilize any wireless communications equipment (other than usual and customary cellular telephones), including antennae and satellite receiver dishes, within the Premises or the Building, without Landlord’s prior written consent. Such consent may be conditioned in such a manner so as to protect Landlord’s financial interests and the interests of the Building, and the other tenants therein, in a manner similar to the arrangements described in the immediately preceding paragraphs. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The , Tenant shall use reasonable efforts, and shall co-operate cooperate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will shall substitute alternative equipment that which remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specifications.

Appears in 1 contract

Samples: Office Lease Agreement (Sunpower Corp)

Telecommunications. (a) All telephone, video and other telecommunications connections which Tenant may desire shall be first reasonably approved by Landlord in writing before the same are installed (such approval not to be unreasonably withheld, conditioned or delayed), and the location of all wires and the work in connection therewith shall be performed by contractors reasonably approved by Landlord and shall be subject to the direction of Landlord, such approval not to be unreasonably withheld, conditioned or delayed. Landlord reserves the right reasonably to designate and control the entity or entities providing telephone or other communication cable installation, repair and maintenance in the Building and to restrict and control access to telephone cabinets. In the event Landlord designates a particular vendor or vendors to provide such cable installation, repair and maintenance for the Building, Tenant agrees to abide by and participate in such program. Notwithstanding anything contained herein to the contrary, the refusal of Landlord to grant its approval to any prospective provider in accordance with the terms hereof shall not be deemed a default or breach by Landlord of its obligations under this Lease, provided that such refusal is not unreasonably withheld, conditioned or delayed. The provisions herein are solely for the benefit of Tenant acknowledges and agrees that all are not for the benefit of any other party and specifically, but without limitation, no telephone and or other telecommunications services desired by the provider shall be deemed a third party beneficiary of this Lease. (b) Tenant shall be ordered responsible for and utilized at the sole expense of the Tenant and only shall pay all costs incurred in connection with the prior written consent installation of telephone cables and related wiring in the Landlord. All Demised Premises, including, without limitation, any hook-up, access and maintenance fees related to the Tenant’s or its providers telecommunications equipment installation of such wires and cables in the Demised Premises and the commencement of service therein, and the maintenance thereafter of such wire and cables; and there shall be included in Expenses for the Building all installation, hook-up or maintenance costs incurred by Landlord in connection with telephone cables and remain solely related wiring in the Building which are not allocable to any individual users of such service but are allocable to the Building generally. If Tenant fails to maintain all telephone cables and related wiring in the Demised Premises or, only and such failure affects or interferes with the operation or maintenance of any other telephone cables or related wiring in the Building, and if Tenant does not cure such failure promptly after written approval of the notice from Landlord, on then Landlord or any vendor hired by Landlord may enter into and upon the roof Demised Premises forthwith and perform such repairs, restorations or alterations as Landlord deems necessary in order to eliminate any such interference (and Landlord may recover from Tenant all of the Building above the Premises, Landlord's reasonable costs in accordance with rules connection therewith and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance liability to Tenant by reason thereof). (c) Tenant agrees that neither Landlord nor any of the its agents or employees shall be liable to Tenant’s , or its provider’s equipmentany of Tenant's employees, including wiringagents customers or invitees or anyone claiming through, nor by or under Tenant, for any wiring damages, injuries, losses, expenses, claims or other infrastructure to which causes of action because of any interruption, diminution, delay or discontinuance at any time for any reason in the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, furnishing of any telephone service to the extent any such service is interrupted, curtailed or discontinued, Demised Premises and the Building. (d) Landlord shall have no obligation the right, upon reasonable prior notice to Tenant, to interrupt or liability turn off such connections and services in the event of emergency or as necessary in connection with respect thereto and it shall be maintenance, repairs or construction at the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the Building or installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof other tenants of the Building shall be in a location determined or on account of violation by the Landlord in its sole discretion, and the Tenant's provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination owner of the Term equipment of any obligation to Landlord or in the event that Tenant's use of the Lease; ii) prior to commencement telecommunications infrastructure of any work in or about the Building by materially interferes with the providertelecommunications services of other tenants of the Building. Tenant shall not utilize any wireless telecommunications services equipment (other than usual and customary cellular telephones), including antennae and satellite dishes, within the provider shall execute Demised Premises, within the Landlord’s standard telecommunications agreement, and shall supply Building or attached to the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests outside walls or roof of the Building, the tenants in the Building and the without Landlord; and iv) the Landlord 's prior written consent, which consent shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Buildingnot be reasonably withheld, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and servicesconditioned or delayed. In the event that telecommunications equipmentany telephone, wiring and facilities video or satellite and antennae other telecommunication equipment of any type installed by or at the request of the Tenant within the Demised Premises, on the roof, or elsewhere within or in on the Building causes interference to equipment used previously installed and then in use by another party, Tenant shall cease using such equipment until the source of the interference is identified and eliminated and Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate cooperate with the Landlord and other parties, to promptly eliminate such interferenceinterference promptly. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that which remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, andshall, at the Landlord’s 's sole discretion, remove such equipment according equipment. (e) Upon the Expiration Date, Tenant agrees to foregoing specificationsremove all telephone cables and related wiring installed by Tenant for and during Tenant's occupancy, unless Landlord provides written notice to Tenant at least thirty (30) days prior to the Expiration Date that Landlord will not require Tenant to remove such telephone cables and related wiring.

Appears in 1 contract

Samples: Lease Agreement (Global Preferred Holdings Inc)

Telecommunications. The Tenant acknowledges and agrees that all All telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant Tenant. All installations of telecommunications equipment and only with the prior written consent of the wires shall be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. All the Unless Landlord otherwise requests or consents in writing, all of Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with and the written approval of the Landlord, telephone closet(s) on the roof of floor(s) on which the Building above the PremisesPremises is located, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s telecommunications equipment, including wiring, wire; nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinueddiscontinued from any cause whatsoever, the Landlord shall have no obligation or liability with respect thereto unless such interruption is caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors. Any and it all telecommunications equipment installed in the Premises by or on behalf of Tenant, including wiring or other facilities for telecommunications transmittal, shall be removed prior to the sole obligation expiration or earlier termination of the Term, by Tenant at its expense sole cost or, at Landlord’s election, by Landlord at Tenant’s sole cost. Landlord shall have the right upon written notice to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: iTenant given no later than ten (10) days prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any expiration of the providers equipment Term or at any time after a default under this Lease, to require Tenant to abandon and leave in place, without additional payment to Tenant or credit against Base Rent or Additional Rent, any and all telecommunications wiring and related infrastructure, or selected components thereof, located in the Building. Tenant hereby shall have the right to install, maintain and remove on the roof of the Building satellite dishes or other similar devices, such as antenna, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals (and including the installation of all necessary cables, wires and transformers), together with the right to the use of the conduits, pipes, risers and shafts within the Premises for the installation of cables, wiring and other equipment therein in connection with the operation of all such devices (the foregoing facilities that are installed by or on behalf of Tenant are hereby called the “Tenant’s Communications Equipment”, which shall be deemed to include such similar equipment to be installed by any sublessee, provided, however, that, in no event may Landlord or Tenant allow any third parties (e.g., subtenants and licensees) to utilize the roof of the Building for the installation, maintenance and operation of Tenant’s Communication Equipment or other similar equipment, other than bona fide subtenants occupying all or a location determined portion of the interior of the Premises pursuant to a permitted sublease or a sublease which has been approved by Landlord), subject to Tenant’s obligation to comply with all Applicable Laws with respect to the installation, maintenance and operation of the Tenant’s Communication Equipment or such other similar equipment. Tenant shall advise the Landlord at least ten (10) business days in advance of the planned installation of Tenant’s Communications Equipment, and shall comply with any reasonable request of Landlord with respect to the installation thereof, which shall include, without limitation, the following requirements: (i) such installation be done by the Landlord roofing company which provides the roof warranty for the Building and in its sole discretionsuch a manner so as to not invalidate such warranty; and (ii) the Tenant’s Communications Equipment be screened so that the same shall not be visible from the street-level, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the in Landlord’s request, all cabling at reasonable judgment. Tenant shall be responsible for any damage to the expiry Building caused by installing or maintaining the Tenant’s Communications Equipment. At the expiration or earlier termination of this Lease, Tenant, at its expense, shall remove the Term Tenant’s Communications Equipment. Any work required to restore the roof or any other part of the Lease; ii) prior to commencement of Building or Property from any work in or about the Building damage occasioned by the providerinstallation, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests maintenance or removal of the BuildingTenant’s Communications Equipment shall be borne by Tenant. The installation, maintenance and removal of the tenants in the Building and the Landlord; and iv) the Landlord Tenant’s Communications Equipment shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access be subject to the Building, and obligations imposed upon the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever Tenant in this Lease with respect to any aspect the Tenant’s use and occupancy of the provider’s provision of its servicesPremises; provided, including without limitationhowever, that there shall be no additional consideration due from the costs of installation, materials and servicesTenant with respect to the rights granted to the Tenant pursuant to this Section. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building Premises causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The , Tenant shall use reasonable efforts, and shall co-operate cooperate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will shall substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specifications.

Appears in 1 contract

Samples: Lease Agreement (Website Pros Inc)

Telecommunications. The Tenant acknowledges and agrees that all All telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant Tenant. All installations of telecommunications equipment and only with the prior written consent of the wires shall be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s telecommunications equipment, including wiring, wire; nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinueddiscontinued from any cause whatsoever, the Landlord shall have no obligation or liability with respect thereto unless such interruption is caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors. Any and it all telecommunications equipment installed in the Premises or elsewhere in the Building by or on behalf of Tenant, including wiring or other facilities for telecommunications transmittal, shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) removed prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry expiration or earlier termination of the Term of the Lease; ii) prior to commencement of Term, by Tenant at its sole cost. Tenant shall not utilize any work wireless communications equipment (other than usual and customary cellular telephones), including antennae and satellite receiver dishes, in or about on the Building by the providerBuilding, the provider shall execute the without Landlord’s standard telecommunications agreement, and shall supply the Landlord with prior written consent. Such consent may be conditioned in such written indemnities, insurance, financial statements, and such other items a manner so as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect Landlord’s financial interests and the interests of the Building, and the tenants other Tenants therein, in a manner similar to the arrangements described in the Building and immediately preceding paragraphs. In the Landlord; and iv) event that Tenant wishes at any time to utilize the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value services of a provider’s access to telephone or telecommunications provider whose equipment is not then servicing the Building, and no such provider shall be permitted to install its lines or other equipment within the costs which may reasonably be expected to be incurred by Building without first securing the prior written approval of the Landlord; and v) . Landlord’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the Landlord shall incur no expense whatsoever with respect to any aspect suitability, competence, or financial strength of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building Premises causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The , Tenant shall use reasonable efforts, and shall co-operate cooperate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will shall substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specifications.

Appears in 1 contract

Samples: Lease Agreement

Telecommunications. The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense specify in writing to Landlord, prior to any installation or usage in any manner of the Premises, all the equipment to be installed (including, without limitation, antenna(s), cabling, wiring). Any change in equipment by Tenant and only with shall require the prior written consent of the Landlord. All the Tenant’s or Tenant may, at its providers telecommunications equipment shall be and remain solely in sole expense, make such installations on the Premises oras are shown on an Exhibit to be, only with annexed hereto. However, before making any installations on the written approval of the LandlordRoof Premises, on in order to prevent damage to the roof of the Building above voiding or other problems with the Premisesenforcement of the warranty of the roof, in accordance Tenant agrees to (i) provide Landlord and Landlord's roofing contractor and/or other designee with rules Tenant's plans and regulations adopted by specifications for any such installation and (ii) obtain Landlord's prior written consent to such installation; and if Landlord requires, Tenant will, at its sole cost and expense, have such roofing contractor and/or designee perform any work that affects the Landlord from time roof or roof warranty or have such roofing contractor and/or designee present during such installation. Once such installation has been made, Tenant will not make any material alterations to timesame without obtaining the prior written consent of Landlord. The Landlord shall have no responsibility for the maintenance right to disapprove any installations or alterations that may void or adversely affect the roof warranty. Tenant shall install all equipment, at the sole costs, expense, and risk of Tenant, and shall do so in a good, workmanlike manner and in compliance with all federal, state, and local building, zoning, electric, telecommunications, and safety codes, ordinances, standards, regulations, laws and requirements, including, without limitation, those of the Federal Communications Commission. Tenant’s or , at its provider’s equipmentsole cost and expense, including wiringshall obtain any permits, nor for any wiring licenses, variances, or other infrastructure approvals required with respect to which the installation or operation of the equipment to be installed by Tenant or to the alterations to be performed by Tenant’s telecommunications equipment may be connected. The Tenant agrees thatshall deliver true and complete copies thereof to landlord prior to commencing any installations or alterations. Tenant, at its sole cost and expense, shall comply with all applicable laws relating to the project, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability that compliance with respect thereto and it shall be the sole obligation same arises out of Tenant's use of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its servicesPremises, including without limitation, its installation or operation of the costs of installation, materials and servicesequipment thereof. In Landlord shall have the right to enter the Premises at any time in the event that telecommunications of an emergency and at all reasonable times and upon reasonable notice for the purpose of. (i) inspecting same; (ii) making any repairs to the Premises and performing any work therein as may be necessary, in Landlord's judgment; or (iii) exhibiting the Premises for purpose of sale, lease, or financing. Landlord may, at any time, relocate the Tenant's equipment including, without limitation, the antenna and any wiring, to an alternative site (the "Relocation Site') within and/or on top of the Building upon ten days' notice to Tenant. Upon relocation of Tenant, the Tenant's means of access and utility lines will be relocated by Landlord or, at Landlord's option, by Tenant as required to operate and maintain Tenant. And thereafter all references to the Premises in the Lease will be deemed to be references to the Relocation Site. Except as expressly provided in this Paragraph, in no event will the relocation of Tenant's equipment, wiring or any part thereof, under this Article affect, alter, modify, or otherwise change any of the terms and facilities conditions of the foregoing Lease. Anything to the contrary contained herein notwithstanding, if, during the Lease Term Landlord, in its reasonable business judgment, believes that Xxxxxx's use of the Premises poses a human health or satellite environmental hazard that cannot be remediated or has not been remediated within thirty (30) days after Tenant has been notified thereof, then (i) Tenant shall immediately cease all operations on the Premises; (ii) the Lease shall terminate on thirty (30) days' prior notice to Tenant; and antennae (iii) Tenant shall remove all equipment of any type in the Premises installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsthirty (30) days thereafter.

Appears in 1 contract

Samples: Shopping Center Lease Agreement

Telecommunications. The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the LandlordTenant. All the Tenant’s or its providers installations of telecommunications equipment and wires shall be accomplished pursuant to plans and remain solely specifications approved in the Premises or, only with the written approval of the advance in writing by Landlord, on the roof of the Building above the Premisessuch approval not to be unreasonably withheld, delayed or conditioned. Except as may be otherwise provided for in accordance with rules and regulations adopted by the Landlord from time to time. The this Lease, Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s telecommunications equipment, including wiring, wire; nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinueddiscontinued from any cause whatsoever, the unless such loss, or damage results from any fault, default, negligence, act or omission of Landlord or its agents, servants, employees, or any other person for whom Landlord is in law responsible, Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Landlord shall have the right, upon reasonable prior notice to Tenant, to temporarily interrupt or turn off telecommunications facilities in the event of emergency or as necessary in connection with the operation of the Building or installation of telecommunications equipment for other tenants of the Building. Landlord shall exercise its rights under this paragraph, to the extent possible in the circumstances, in such manner so as to minimize interference with Tenant’s use and enjoyment of the Premises. Any and all telecommunications equipment installed in the Premises or elsewhere in the Building by or on behalf of Tenant, including wiring or other facilities for telecommunications transmittal, shall be removed prior to the expiration or earlier termination of the Term, by Tenant at its sole cost. In the event that Tenant wishes at any time to utilize the services of a telephone or telecommunications provider whose equipment is not then servicing the Building, no such provider shall be permitted to install its lines or other equipment within the Building without first securing the prior written approval of Landlord. Landlord’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the provider. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: satisfied to Landlord’s satisfaction, it shall be reasonable for Landlord to refuse to give its approval: (i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the provider, the provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the provider; (iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the tenants of the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to alterations as described in Section 4.2 of this Lease; (iv) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the provider’s equipment and materials; (v) the provider agrees to abide by Landlord’s requirements, if any, that provider use existing Building conduits and pipes or use building contractors (or other contractors approved by Landlord); (vi) Landlord receives from the provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the provider’s equipment, for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord detailed “as built” plans immediately after the installation of the provider’s equipment is complete; and (viii) all of the foregoing matters are documented in a written license or other agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord. Notwithstanding any provision of the preceding paragraphs to the contrary, the refusal of Landlord to grant its approval to any prospective telecommunications provider shall not be deemed a default or breach by Landlord of its obligation under this Lease unless and until Landlord is adjudicated to have acted recklessly or maliciously with respect to Tenant’s request for approval, and in that event, Tenant shall still have no right to terminate the Lease or claim an entitlement to rent abatement, but may as Tenant’s sole and exclusive recourse seek a judicial order of specific performance compelling Landlord to grant its approval as to the perspective provider in question. The provisions of this paragraph may be enforced solely by Tenant and Landlord, are not for the benefit of any other party, and specifically but without limitation, no telephone or telecommunications provider shall be deemed a third party beneficiary of this Lease. Tenant shall not utilize any wireless communications equipment (other than usual and customary cellular telephones), including antennae and satellite receiver dishes, within the Premises or the Building, without Landlord’s prior written consent such approval not to be unreasonably withheld, delayed or conditioned. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The , Tenant shall use reasonable efforts, and shall co-operate cooperate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will shall substitute alternative equipment that which remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specifications.

Appears in 1 contract

Samples: Lease Agreement

Telecommunications. The A. Tenant acknowledges shall, at Tenant’s sole cost and agrees that all expense, be solely responsible for securing such telephone and other electronic telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in service to the Premises oras Tenant may require for its use and occupancy thereof, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for obligations or liability whatsoever to Tenant with respect to the maintenance provision of such services to the Premises. Tenant may select its telecommunications providers, and Landlord will provide non-exclusive access to the Building telecommunications risers and utility closets if not within the Premises without additional charge to Tenant. None of Landlord’s approval of, or its provider’s requirements concerning, any telecommunications work, lines, equipment, including wiringplans, nor for specifications or drawings or any wiring or other infrastructure to which the equipment related thereto, Tenant’s telecommunications equipment may provider or Tenant’s and/or Tenant’s telecommunications provider’s contractors, subcontractors, or Landlord’s future designation of a preferred telecommunications provider for the Building (if any) (and which Landlord shall have the right to do only if Landlord has recaptured space pursuant to Section 23, above), shall be connected. The Tenant agrees that, deemed a warranty as to the extent adequacy, suitability, competence or financial strength thereof, and Landlord hereby disclaims any such service is interruptedresponsibility or liability for the same. Further, curtailed or discontinued, the Tenant hereby acknowledges that Landlord shall have no obligation or liability with respect thereto and it hereby waives any claim against Landlord for any damages or problems in the event that Tenant’s telecommunications services, lines or equipment are in any way inadequate, do not satisfy Tenant’s requirements, are interrupted, curtailed, discontinued, disconnected, terminated, damaged or otherwise interfered with, or fail, except to the extent caused by the negligence or willful misconduct of Landlord, its employees or agents. Tenant’s telecommunications provider(s) shall be the sole obligation of the Tenant at its expense subject to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however which shall not be unreasonably withheld or delayed. B. Any telegraphic, telephone or data lines installed in the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about Premises and/or the Building by or on behalf of Tenant shall be appropriately tagged with Tenant’s name and the name of the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, andwiring shall be removed by Tenant, at Tenant’s expense, upon the Landlord’s discretion, remove such equipment according to foregoing specificationsexpiration or termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Burger King Holdings Inc)

Telecommunications. The A. Owner shall have no obligation to provide Tenant acknowledges with any telecommunication services or facilities to or for the Demised Premises or the use or occupancy thereof by Tenant or any person through or under Tenant. With respect to Tenant's telecommunications facilities and agrees that services, Tenant shall contract separately with all telephone providers of Tenant's telecommunications facilities and services (each of which is referred to as a "Tenant's Telecommunications Service Provider") and pay each Tenant's Telecommunications Service Provider for all services provided by it to Tenant pursuant to a separate agreement between Tenant and Tenant's Telecommunications Service Provider. Neither Tenant nor Tenant's Telecommunications Service Provider shall use any portion of the Building, including any risers, shafts, conduits or other facilities, to bring such telecommunications services desired by to the Tenant shall be ordered and utilized at the sole expense of the Tenant and only with Demised Premises without the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely Owner in the Premises oreach instance including, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinuedbut not limited to, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement location of any of Tenant's or Tenant's Telecommunications Service Provider's cables, wires and conduits. Subject to the providers equipment on provisions of Subsection B below, Owner shall not unreasonably withhold its consent to the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, 's shafts by Tenant or Tenant's Telecommunications Service Provider to allow Tenant's Telecommunication Service Provider to bring telecommunications services to the tenants Demised Premises provided that any such use shall (i) be subject to (x) space requirements and uses in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs available "riser capacity" in the Building and anticipated needs of prospective tenants and existing tenants for using such shafts and (y) all of the rules and regulations imposed by Owner with respect to the Building's shafts or other telecommunications facilities and the installation, materials use, operation and services. maintenance of any telecommunications facilities, and (ii) shall not interfere with any other tenant or occupant of the Building. B. In the event that Owner shall, in Owner's sole judgment, install or cause to be installed a telecommunications equipmentcable distribution system in the Building, wiring (referred to herein as the "Building CDS System"), then notwithstanding anything in Subsection A above to the contrary, from and facilities or satellite after such installation, Tenant and antennae equipment of Tenant's Telecommunications Service Provider shall use such Building CDS System to bring telecommunication services to the Demised Premises and shall not be permitted to use any type installed by or at the request other portion of the Building, including any risers, shafts, conduits or other facilities, in connection with such telecommunication services without the prior written consent of Owner in each instance. To the extent that Owner shall as a matter of Building practice or procedure, cause telecommunication providers to enter into a license agreement with Owner for the use of such Building CDS System and pay fees with respect thereto, Tenant within acknowledges and agrees that Tenant's Telecommunications Service Provider shall be required to enter into such license agreement with Owner and pay such fees. If the Premises, on the roof, Building CDS System is owned or elsewhere within operated or managed by a separate cable distribution service company in the Building causes interference (referred to equipment used as the "Telecommunications Cable Distribution Company") for the supply, maintenance and distribution of facilities in such Building CDS System, Tenant's Telecommunications Service Provider shall also contract with such Telecommunications Cable Distribution Company for the use of the facilities provided by another partysuch Building CDS System and pay any fees with respect thereto. Owner shall have no obligation for Tenant to allow Tenant's Telecommunications Service Provider into the Building unless and until such Tenant's Telecommunications Provider shall execute said license agreement with Owner and, the Tenant shall assume all liability related to if applicable, contract with such interferenceTelecommunications Cable Distribution Company. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the If Tenant is unable to do souse a particular Tenant's Telecommunication Service Provider because it fails to enter into an agreement with Owner and/or the Telecommunications Cable Distribution Company and pay any fees in connection therewith, no such inability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or release Tenant from any of its obligations under this Lease, or impose any liability upon Owner or Owner's Indemnitees by reason of inconvenience or annoyance to Tenant or interruption of Tenant's business or otherwise. Tenant and Tenant's Telecommunications Service Provider shall comply with all reasonable rules and regulations adopted by Owner and the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue Telecommunications Cable Distribution Company with respect to the use of the Building CDS System. Owner and "Owner's Indemnitees" (as defined in Article 19) shall not be liable to Tenant, or anyone claiming through or under Tenant, for any damages, including, but not limited to, special, incidental, remote or consequential damages, including, without limitation, lost revenue, lost profits and additional operating or personnel expenses arising from any acts, omissions or negligence of Tenant's Telecommunications Service Provider and the Telecommunications Cable Distribution Company. Nothing contained in this Subsection shall obligate Owner (x) to install or caused to be installed such equipmentBuilding CDS System or (y) to own such Building CDS System, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationswhich Tenant acknowledges may be owned by a person not affiliated with Owner.

Appears in 1 contract

Samples: Lease Agreement (Langer Inc)

Telecommunications. The Tenant acknowledges and agrees that its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have (A) for so long as Tenant is leasing space in both Building 1 and Building 2, the exclusive right of access to those certain two (2) four inch (4") conduits running between the Buildings as described in Schedule 1 to Exhibit J and (B) the limited and non-exclusive right of access to and within the Buildings (to the extent Tenant is then leasing space in both such Buildings, otherwise to just the applicable Building) (including a designated pathway to one of the Buildings, which shall be underground), for the installation and operation of wired and wireless telecommunications systems, including voice, fiber optic, video, data, and Internet ("Telecommunications Services"), for part or all telephone of Tenant's telecommunications within the Buildings (including reasonable non-exclusive use of the Buildings' roofs (subject to the terms of Section 25(t) below), chase ways (not to exceed Tenant's Proportionate Share of chase ways) and telecommunications services desired by common areas, as reasonably necessary) and from the Buildings (to the extent Tenant is then leasing space in both such Buildings, otherwise to just the applicable Building) to any other location, subject to Landlord's approval, not to be unreasonably withheld, conditioned or delayed. For so long as Tenant is leasing at least 50,000 rentable square feet, Tenant shall be ordered have the limited and utilized at non-exclusive right of access to and use of one additional conduit (i.e., two (2) total conduits) from the sole expense street in front of the Complex to a Building in which Tenant and only leasing space to establish service;from a second telecommunications provider. All providers of Telecommunications Services shall be required to comply with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted of the Buildings, applicable Laws and Landlord's policies and practices for the Buildings reasonably established by the Landlord from time to time, including, prior to any such access, installation or operation, the execution of a license agreement in form and substance reasonably acceptable to Landlord. The Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no responsibility for liability to any Tenant Party in connection with the installation, operation or maintenance of the Telecommunications Services or any equipment or facilities relating thereto. Tenant’s or , at its provider’s equipmentcost and for its own account, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable solely responsible for the Landlord to refuse to give its approval unless obtaining all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsTelecommunications Services.

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

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Telecommunications. (a) Subject to the terms and conditions as described below, Tenant shall have the right to contract with a provider(s) of local and long distance telephone services and other communication services of any kind (the “Provider”), or Tenant may be its own provider. The Provider selected by Tenant acknowledges or Tenant, as applicable, shall have the right, subject to reasonable availability and Landlord’s reasonable prior consent, to place in the Building riser system, and in the phone room(s) on any floor of the Building that the Premises are located and other common areas of the Building, equipment (the “Equipment”) and related hardware and cabling, connected to the Premises, to service and serve the Premises and communications and transmissions of data to, from and within the Premises. (b) Tenant hereby covenants and agrees that Landlord shall not be obligated to obtain or pay for any permits and license fees which may be required to be paid for the erection and maintenance of any and all telephone such Equipment. The right of the Provider or Tenant, as applicable, to install such Equipment is expressly conditioned upon the Equipment not interfering with any equipment presently existing on or within the Building. (c) Prior to installation of the Equipment, the Provider or Tenant, as applicable, shall furnish detailed plans and telecommunications services desired specifications for such Equipment systems to Landlord for Landlord’s consent, which consent shall not be unreasonably withheld, conditioned or delayed, provided Landlord may condition its consent by requiring that such systems be installed in the Tenant least conspicuous of all reasonably acceptable locations on which the systems might be located. In the installation of such systems, the Provider or Tenant, as applicable, shall comply with all applicable laws, and keep the Premises, Building and Land free and clear from liens arising from or related to the installation, and shall provide all insurance with respect to or in connection with the Equipment. The Provider or Tenant, as applicable, shall be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof entitled to use such portions of the Building above as may be reasonably necessary for the installation, operation and maintenance of the Equipment, and the Provider or Tenant, as applicable, shall have reasonable access to such portions of the Building at all times throughout the Term for such purposes; provided however, that except for the roof, any cables, conduits or other physical connections between the Equipment and the Premises shall be concealed underground or 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; and provided further, that except for the roof and Premises, in accordance with rules and regulations adopted any installation or maintenance work performed by the Landlord Provider or Tenant, as applicable, or at the Provider’s or Tenant’s, as applicable, 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) the Provider or Tenant, as applicable, shall restore such portions of the Building to a condition reasonably comparable to that existing prior to such installation or maintenance. The Provider or Tenant, as applicable, shall be responsible for procuring whatever licenses or permits may be required for the use of such systems or operation of any equipment served thereby, and Landlord shall have no responsibility for cooperate with the maintenance of Provider or Tenant, as applicable, at the TenantProvider’s or its provider’s equipmentTenant’s, including wiringas applicable, nor for any wiring expense, in procuring such licenses or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees thatpermits, to the extent required by applicable laws. Landlord makes no warranties whatsoever as to the permissibility of such systems under applicable laws. The Equipment shall not constitute a nuisance, or unreasonably interfere with the operations of other tenants of the Building or with the normal use of the area surrounding the Building by occupants thereof. Upon termination or expiration of this Lease, Tenant shall remove the Equipment, at its expense, and shall repair and restore the Building to a condition comparable to that existing prior to such installation, normal wear and tear excepted. (d) Landlord reserves the right to relocate said Equipment at any time, at no expense to Tenant, provided such service is interrupted, curtailed or discontinued, the Landlord relocation shall have no obligation or liability with respect thereto and it shall be material adverse impact on the sole obligation operations of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior such Equipment as a service to the installation of Premises. (e) Tenant reserves the right to replace, upgrade, update or relocate said Equipment at any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to removetime, at the LandlordTenant’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, sole cost and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsexpense.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Telecommunications. The Tenant acknowledges and agrees its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have no right of access to and within the Building, for the installation and 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 ("Telecommunications Services"), for part or all of Tenant's telecommunications within the Building and from the Building to any other location without Landlord's prior written consent, which shall not be unreasonably withheld, delayed or conditioned; provided that such review and approval rights shall not apply with respect to minor repairs and replacements within the Premises. Additionally, Landlord's prior consent must be obtained prior to any digging into the surface of the Project for installation of Telecommunications Services, and all telephone such buried wiring or equipment shall (i) be considered part of Tenant's Off-Premises Equipment, and telecommunications services desired (ii) removed by Tenant upon the Tenant expiration or earlier termination of this Lease (with all landscaping restored to its prior condition). All providers of Telecommunications Services shall be ordered and utilized at the sole expense of the Tenant and only required to comply with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted of the Building, applicable Laws and Landlord's policies and practices for the Building. Landlord shall allocate to Tenant and its providers of Telecommunications Services Tenant’s Proportionate Share of space (in risers, conduits and similar infrastructure) for Tenant’s Telecommunication Services, shall cooperate with Tenant’s selected telecommunications carriers. Except for Landlord’s actual, out-of-pocket costs, Landlord shall not charge any fee to Tenant or any service provider to Tenant for access to and use of the space allocated by this Lease to Tenant within the Project for installation of equipment related to Telecommunications Services (whether inside or outside the Building), and the terms of any access agreement required by Landlord from time for such service providers shall be reasonable so as to timepromote efficient and cost-effective service to Tenant. The Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no responsibility for liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto but shall reasonably cooperate with Tenant in obtaining Telecommunication Services to the Premises. Tenant’s or , at its provider’s equipmentcost and for its own account, including wiringshall be solely responsible for obtaining all Telecommunications Services. Landlord shall not, nor for and shall not permit any wiring or other infrastructure to which the Landlord Party to, interfere with Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent system or any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the components or wiring relating thereto, and Tenant at its expense to obtain substitute service. Without limitation shall not interfere with any other Project tenant’s existing telecommunications system or any of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) components or wiring relating thereto installed prior to the installation of any equipment date on which Tenant installs its equipment. Notwithstanding anything to the provider contrary in this subsection, Tenant shall provide plans and specifications coordinate with Landlord's riser manager all work that affects or involves the Building's risers, conduits, or similar infrastructure; Landlord's actual, out-of-pocket costs incurred for the installation services of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building such riser manager shall be in a location determined reimbursed by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsTenant.

Appears in 1 contract

Samples: Lease Agreement (Blucora, Inc.)

Telecommunications. There are installed in the Building telephone riser cables (collectively the “riser cables”) from the outside of the Building to the terminal block on each floor in the Building. Subject to Landlord’s supervision and approval, Tenant shall have the right to use the riser cables by installing telecommunication lines from the Premises to the terminal block on the floor or floors on which the Premises are located (such lines, and any other voice/data cables, lines or wires used or installed by or for Tenant and serving the Premises are referred to as the “telecommunication lines”). Landlord, however, makes no representations or warranties with respect to the capacity, suitability or design of the riser cables or terminal blocks. If there is more than one tenant on a floor, Landlord will allocate hook- ups to the terminal block based on the proportion of rentable square feet that each tenant occupies on the floor. The installation and hook-up of telecommunication lines by Tenant acknowledges will be subject to all of the terms and agrees that conditions of this Lease, including, without limitation, Article 15 of this Lease. Tenant will have no rights or interest in the riser cables and terminal blocks in the Building therein except as set forth herein. Under no circumstances will Landlord or its agents or employees be liable for, and Tenant and each of its subtenants waives all claims with respect to, any damages or losses sustained by it or any occupant of the Premises, including any property or consequential damages, resulting from operating or maintenance of the riser cables and terminal blocks. Without limiting the generality of the foregoing, in no event shall Landlord be liable for: (a) any damage to Tenant’s or its subtenants’ telephone lines, telephones or other equipment connected to the telecommunication lines, (b) interruption or failure of, or interference with, telephone or other service coming through the telecommunication lines to the Premises, or (c) unauthorized eavesdropping or wiretapping. All telephone and telecommunications services desired by the Tenant shall must be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the LandlordTenant. All the of Tenant’s or its providers telecommunications equipment shall must be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with this Lease and with the rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for Any and all telecommunications lines and equipment installed in the maintenance of the Tenant’s Premises or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of elsewhere in the Building shall by or on behalf of Tenant must be in a location determined by removed before the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry expiration or earlier termination of the Term of the this Lease; ii) prior to commencement of any work in or about the Building , by the providerTenant at its sole cost or, the provider shall execute the at Landlord’s standard telecommunications agreementelection, by Landlord at Tenant’s sole cost, with such cost to be paid as additional rent. However, Landlord will have the right, upon written notice to Tenant given no later than 30 days before the expiration or earlier termination of this Lease, to require Tenant to abandon and leave in place, without additional payment to Tenant or credit against rent, any and all telecommunication lines and related infrastructure, or selected components thereof, whether located in the Premises or elsewhere in the Project. Tenant covenants and agrees that at the termination or expiration of this Lease, Tenant will be the sole owner of such telecommunication lines and related equipment and infrastructure, such that if Landlord elects to require such telecommunication lines and related equipment and infrastructure to remain in place, Landlord will become the sole owner thereof upon expiration or termination of this Lease; Tenant further covenants that such telecommunication lines and related equipment and infrastructure will be free of all liens and encumbrances, and shall supply the Landlord with that such written indemnitiestelecommunication lines will be in good condition, insurance, financial statementsworking order, and such other items as properly labeled at each end and in each telecommunications/electrical closet and junction box. The provisions of this grammatical paragraph will survive expiration or termination of this Lease. If Tenant wishes at any time to utilize the Landlord reasonably determines to be necessary; iii) the services of a telecommunications provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of whose equipment is not then servicing the Building, the tenants in no such provider will be permitted to install its lines or other equipment within the Building and or on the Project without first securing the prior written consent of Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider, which consent may be withheld in Landlord’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and servicessole discretion. In the event that If telecommunications equipment, wiring wiring, and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in on the Building or Project causes interference to equipment used by another party, the Tenant shall will (i) assume all liability related to such interference. The Tenant shall , and will indemnify and hold Landlord harmless from any liabilities and claims against Landlord resulting from such interference, (ii) use reasonable efforts, and shall co-operate cooperate with the Landlord and other parties, to promptly eliminate such interference. In the event that the , (iii) if Tenant is unable to do sopromptly eliminate such interference, the Tenant will substitute alternative equipment that which remedies the situation. If , and (iv) if such interference persists, the Tenant shall discontinue the use of the equipment causing such equipment, interference and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsequipment.

Appears in 1 contract

Samples: Office Lease (Blue Water Acquisition Corp.)

Telecommunications. The Upon request from Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The , Landlord will provide Tenant with a listing of telecommunications and media service providers serving the Project, and Tenant shall have no responsibility for the maintenance right to contract directly with the providers of its choice. If Tenant wishes to contract with or obtain service from any provider which does not currently serve the Project or wishes to obtain from an existing carrier services which will require the installation of additional equipment, such provider must, prior to providing service, enter into a written agreement with Landlord setting forth the terms and conditions of the Tenant’s or access to be granted to such provider, in form and substance satisfactory to Landlord, in its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connectedsole discretion. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to In considering the installation of any new or additional telecommunications cabling or equipment at the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approvalProject, however the placement of any of the providers equipment on the roof of the Building shall be Landlord will consider all relevant factors in a location determined by the Landlord in its sole discretionreasonable and non-discriminatory manner, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlordincluding, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs existing availability of installationservices at the Project, materials the impact of the proposed installations upon the Project and servicesits operations and the available space and capacity for the proposed installations. Landlord may also consider whether the proposed service may result in interference with or interruption of other services at the Project or the business operations of other tenants or occupants of the Project. In no event shall Landlord be obligated to incur any costs or liabilities (other than de minimis costs) in connection with the event that telecommunications equipment, wiring and installation or delivery of telecommunication services or facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference Project. All such installations shall be subject to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use Landlord’s prior reasonable efforts, approval and shall co-operate be performed in accordance with the terms of Article 9. If Landlord approves the proposed installations in accordance with the foregoing, Landlord will deliver its standard form agreement upon request and other parties, will use commercially reasonable efforts to promptly eliminate such interferenceenter into an agreement on reasonable and non-discriminatory terms with a qualified, licensed and reputable carrier confirming the terms of installation and operation. In of telecommunications equipment consistent with the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsforegoing.

Appears in 1 contract

Samples: Standard Office Lease (Limelight Networks, Inc.)

Telecommunications. (a) Tenant has been advised of the Building's access to, or ability to connect into, specific or particular fiber optic lines, T1 lines and DSL lines. In the event that Tenant wishes to utilize the services of a telephone or telecommunications provider whose equipment is not servicing the Building as of the date of Tenant's execution of this Lease (“Provider”), such Provider shall be required to obtain the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, before installing its lines or equipment within Landlord’s Premises. In no event shall the Provider be permitted to provide service to any occupant of Landlord’s Premises other than Tenant, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. (b) Landlord's refusal to give its consent to the installation of lines or equipment by the Provider shall be deemed reasonable unless all of the following conditions are satisfied to Landlord's reasonable satisfaction, the satisfaction of such conditions to be evidenced by a written agreement between Provider and Landlord or by any other means acceptable to Landlord in its reasonable judgment: (1) Landlord shall incur no expense whatsoever with respect to any aspect of Provider's provision of its services, including, without limitation, the costs of installation, materials, utilities (including the cost of any separate meters) and service; (2) Prior to commencement of any work in or about the Building by Provider, Provider shall supply Landlord with such written indemnities, insurance verifications, financial statements, and such other items as Landlord reasonably deems to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Provider; (3) Prior to the commencement of any work in or about the Building by the Provider, the Provider shall agree to abide by the Rules and Regulations and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the tenants in the Building, and the Landlord, including, without limitation, providing security in such form and amount as determined by Landlord; (4) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the Provider's equipment and materials; (5) The Provider is licensed and reputable; and (6) The Provider agrees to compensate Landlord for space used in the Building for the storage and maintenance of the Provider's equipment and for all costs that may be incurred by Landlord in arranging for access by the Provider's personnel, security for Provider's equipment, and any other such costs as Landlord may reasonably expect to incur, and to deliver to Landlord a security deposit covering the cost of removal of Provider’s equipment (including wiring) prior to the commencement of any such installation. (c) Landlord's consent under this section shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of Provider. (d) Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole risk and expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The . (e) Tenant agrees that, to the extent any such service by Provider is interrupted, curtailed curtailed, or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation . (f) The provisions of the foregoing standard, it shall this Section 11 may be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined enforced solely by the Landlord in its sole discretion, Tenant and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at are not for the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement benefit of any work in or about the Building by the provider, the provider other party. No Provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests deemed a third party beneficiary of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsthis Lease.

Appears in 1 contract

Samples: Lease (Capital Growth Systems Inc /Fl/)

Telecommunications. The Tenant acknowledges Landlord may grant to Seller that certain Telecommunications Easement Agreement, the substantially final form of which is attached hereto as EXHIBIT L (the "Easement"), and agrees that all telephone and telecommunications services desired by the Tenant Tenant's rights granted under this Section 15.17 shall be ordered subject and utilized at subordinate to the sole expense of rights granted under the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises orEasement, only with the written approval of the Landlordprovided, on the roof of the Building above the Premiseshowever, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent that Landlord has any such service is interruptedconsent or approval rights under said Easement, curtailed or discontinued, the Landlord shall have no obligation first endeavor to obtain the consent or liability approval of Tenant before determining whether to grant such consent or approval, provided that if Tenant withholds its consent or approval, Landlord shall not be in default under this Lease for granting such consent or approval, if Landlord does so in conformity with respect thereto and it shall be the sole obligation requirements of the Tenant at its expense to obtain substitute serviceEasement Agreement. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior Subject to the installation Easement and the terms and provisions of any this Lease, Tenant shall have the exclusive right to grant the right to utilize the rooftop by telecommunications provider(s) that provide services to Tenant or are necessary for Tenant's customary business operations (the "Providers") All equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment installed on the roof under this Section 15.17 shall not materially detract from the aesthetic appearance of the Building. If Tenant selects Provider(s) that do not already have authority and access granted by Landlord, Landlord will act in a commercially reasonable manner to enter into an access agreement for access to the Building risers, conduit, rooftop and equipment rooms on terms reasonably acceptable to Tenant, so that Tenant's telecommunications provider(s) may provide Tenant's requested telecommunications services to the Leased Premises. Such access agreement shall be offered to such telecommunications provider(s) free of charge, on a non-discriminatory basis and in a location determined compliance with all applicable laws. The following provisions shall apply to the use of the rooftop by the Landlord in Tenant and its sole discretionProviders, and the provider all Providers shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work agree in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord writing with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specifications.bound thereby:

Appears in 1 contract

Samples: Lease Agreement (Savvis Communications Corp)

Telecommunications. (a) All telephone, video and other telecommunications connections to the Demised Premises (but not networking and connections within the Demised Premises, which do not affect Building systems), which Tenant may desire shall be first approved by Landlord (or Landlord’s duly appointed agent) in writing before the same are installed, and the location of all wires and the work in connection therewith shall be performed by contractors reasonably approved by Landlord and shall be subject to the direction of Landlord. Landlord reserves the right to reasonably designate and control the entity or entities providing repair and maintenance in the Building and to restrict and control access to telephone cabinets. Notwithstanding anything contained herein to the contrary, the refusal of Landlord to grant its approval to any prospective provider in accordance with the terms hereof shall not be deemed a default or breach by Landlord of its obligations under this Lease. The provisions herein are solely for the benefit of Tenant acknowledges and are not for the benefit of any other party and specifically, but without limitation, no telephone or other telecommunications services provider shall be deemed a third party beneficiary of this Lease. Fiber optic capacity is currently serviced to the Building by Qwest, with the main point of presence located on the lower level telecommunications room. Notwithstanding the foregoing, Landlord agrees that Tenant’s provider, Network Design, Inc. and Consultedge shall be acceptable for the purposes of the initial installation of all telephone network cabling and telecommunications services desired by phone service provided such vendors comply with the rules and regulations for vendors at the Building and supply certificates of insurance. (b) Tenant shall be ordered responsible for and utilized shall pay all costs incurred in connection with the installation of telephone cables and related wiring in the Demised Premises, including, without limitation, any hook-up, access and maintenance fees related to the installation of such wires and cables in the Demised Premises and the commencement of service therein, and the maintenance thereafter of such wire and cables; and there shall be included in Operating Costs for the Building all installation, hook-up or maintenance costs incurred by Landlord in connection with telephone cables and related wiring installed in the Building after the Date of Execution of Lease that are not allocable to any individual tenants of such service but are allocable to the Building generally. If Tenant fails to maintain all telephone cables and related wiring in the Demised Premises and such failure affects or interferes with the operation or maintenance of any other telephone cables or related wiring in the Building, and if Tenant does not commence to cure such failure promptly and diligently thereafter pursue such cure after written notice from Landlord, then Landlord or any vendor hired by Landlord may enter into and upon the Demised Premises forthwith and perform such repairs, restorations or alterations as Landlord deems necessary in order to eliminate any such interference (and Landlord may recover from Tenant all of Landlord’s reasonable costs in connection therewith and Landlord shall have no liability to Tenant by reason thereof). (c) Tenant agrees that neither Landlord nor any of its agents or employees shall be liable to Tenant, or any of Tenant’s employees, agents customers or invitees or anyone claiming through, by or under Tenant, for any damages, injuries, losses, expenses, claims or causes of action because of any interruption, diminution, delay or discontinuance at any time for any reason in the furnishing of any telephone service to the Demised Premises and the Building. However, Landlord agrees promptly after receipt of actual notice of any such interruption, diminution, delay or discontinuance to use its commercially reasonable good faith efforts to notify appropriate vendors of such service and upon compliance with commercially reasonable requirements, to allow access by such vendors to the Building to permit correction of such problem. (d) Landlord shall have the right, upon reasonable prior notice to Tenant, to interrupt or turn off such connections and services in the event of emergency or as necessary in connection with maintenance, repairs or construction at the sole expense Building or installation of equipment for other tenants of the Tenant and only with the prior written consent Building or on account of the Landlord. All violation by the Tenant’s provider or its providers telecommunications owner of the equipment shall be and remain solely of any obligation to Landlord or in the Premises or, only event that Tenant’s use of the telecommunications infrastructure of the Building materially interferes with the written approval telecommunications services of other tenants of the Building. Tenant shall not utilize any wireless telecommunications services equipment (other than usual and customary cellular telephones), including antennae and satellite dishes, within the Demised Premises without Landlord’s prior written consent, on which consent shall not be unreasonably withheld, conditioned or delayed or within the Building, or attached to the outside walls or roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the without Landlord’s prior approvalwritten consent, however the placement of any of the providers equipment on the roof of the Building shall which consent may be withheld in a location determined by the Landlord in its Landlord’s sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipmentany telephone, wiring and facilities video or satellite and antennae other telecommunication equipment of any type installed by or at the request of the Tenant within the Demised Premises, on the roof, or elsewhere within or in on the Building causes interference to equipment used previously installed and then in use by another party, Tenant shall cease using such equipment until the source of the interference is identified and eliminated and Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate cooperate with the Landlord and other parties, to promptly eliminate such interferenceinterference promptly. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, andshall, at the Landlord’s sole discretion, remove such equipment according equipment. (e) Upon the Expiration Date, Tenant agrees to foregoing specificationsremove all telephone cables and related wiring installed by Tenant for and during Tenant’s occupancy, unless Landlord provides written notice to Tenant at least thirty (30) days prior to the Expiration Date that Landlord will not require Tenant to remove such telephone cables and related wiring.

Appears in 1 contract

Samples: Lease Agreement (KMG America CORP)

Telecommunications. The Tenant acknowledges shall not alter, modify, add to or disturb any telecommunications wiring or cabling not exclusively located within the Premises or elsewhere in the Building without Landlord’s prior written consent. Tenant has made all investigations which it deems appropriate and agrees has determined that all the telephone riser space, lines, conduit and pathways in the Building core which Landlord is prepared to make available with respect to the Premises is adequate to accommodate Tenant’s telecommunications services desired by requirements. Landlord shall have no obligation (and Tenant shall have no right) to increase the capacity of the existing telecommunications riser and distribution facilities and/or cabling in the Building. By its acceptance of possession of the Premises, Tenant shall be ordered deemed to have agreed that the existing number and utilized type of lines serving the Premises is adequate for Tenant’s Permitted Use. Tenant shall not alter or increase the number and/or type of lines presently allocated to Tenant at the intrabuilding distribution frame (the “IDF”) without the prior written consent of Landlord, in its sole expense of the discretion. Any and all telecommunications equipment and cabling serving Tenant and the Premises and connecting to or from the IDF shall be located solely in the Premises, and Tenant shall only be permitted to access the IDF, with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only for purposes of confirming interconnection with the written approval Building’s riser facilities. Only Landlord and/or Landlord’s approved installers are authorized to install and/or connect additional telecom lines (including, voice, data, video, cable and other) from the minimum point of the Landlord, on the roof of entry for the Building above (the “MPOE”) and/or the IDF to the Premises, in accordance with rules and regulations adopted such work, if approved by the Landlord from time to time. The Landlord Landlord, shall have no responsibility for the maintenance of the be at Tenant’s expense. Tenant shall maintain and repair all telecommunications cabling and wiring within or its provider’s equipment, including wiring, nor exclusively serving the Premises. Tenant shall be liable to Landlord for any damage to the telecommunications cabling and wiring in the Building due to the act (negligent or other infrastructure to which the otherwise) of Tenant or any employee, agent or contractor of Tenant. Tenant hereby waives any claim against Landlord for any damages if Tenant’s telecommunications services and/or equipment may be connected. The Tenant agrees thatare in any way interrupted, damaged or otherwise interfered with, except to the extent caused by the negligence or willful or criminal misconduct of Landlord or its Agents; provided that in no event shall any such service is interruptedinterruption, curtailed damage or discontinued, the Landlord shall have no obligation interference entitle Tenant to any consequential damages (including damages for loss of business) or liability with respect thereto and it shall be the sole obligation of the relieve Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof its obligations under this Lease. As of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the providerEffective Date, the provider shall execute the Landlord’s standard following local exchange carriers and competitive alternative telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iiiservice providers (collectively “TSPs”) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s have access to the Building’s riser system and infrastructure and provide services to the Building, including fully distributing fiber throughout the Building: Verizon Enterprise, Verizon FiOS, Lightower and Comcast Business. To the extent permitted by Applicable Law, Landlord reserves the right to limit the number of additional TSPs having access to the Building’s riser system and infrastructure, and Landlord reserves the costs which may reasonably be expected right to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect change TSPs providing services to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsor any portion thereof.

Appears in 1 contract

Samples: Lease Agreement (Replimune Group, Inc.)

Telecommunications. (a) Tenant shall have the unrestricted right to access the Incumbent Local Exchange Carrier (as that term is defined by the Telecommunications Act of 1996) and either AT&T or Time Warner, both of whom are currently Building providers and Competitive Local Exchange Carriers, as well as unrestricted access to their pro rata share of the Building's horizontal and vertical telecom riser pathways and conduits, central core communications closets, and cabling, in all cases, at no rental, additional rent, or use charges throughout the Term. Landlord shall not unduly hinder Tenant's access to carriers nor shall Landlord charge Tenant any fees for access to carriers, the Building riser or the rooftop. Tenant shall be responsible connecting its communication equipment to such Building providers at its expense subject to the application of the Improvement Allowance. In the event that Tenant wishes to utilize the services of a telephone or telecommunications provider whose equipment is not servicing the Building as of the date of Tenant's execution of this Lease ("Provider"), such Provider shall be required to obtain the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, before installing its lines or equipment within the Complex. In no event shall the Provider be permitted to provide service to any occupant of the Complex other than Tenant, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. (b) The installation of lines or equipment by the Provider shall be subject to the satisfaction of the following conditions: (1) Tenant shall be responsible for and shall pay all costs incurred in connection with the installation of telephone cables and related wiring in the Premises, including, without limitation, any hook-up, access and maintenance fees related to the installation of such wires and cables in the Premises and the commencement of service therein, and the maintenance thereafter of such wire and cables; and there shall be included in Basic Operating Costs all installation, hook-up or maintenance out-of-pocket costs incurred by Landlord in connection with telephone cables and related wiring in the Building which are not allocable to any individual users of such service but are allocable to the Building generally. (2) Prior to commencement of any work in or about the Building by Provider, Provider shall supply Landlord with such written indemnities, insurance verifications, financial statements, and such other items as Landlord reasonably deems to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the Provider. (3) Prior to the commencement of any work in or about the Building by the Provider (i.e, one that is not currently a telephone or telecommunications provider to the Building), (i) Landlord and Tenant shall enter into Landlord's standard Riser and Telecommunication License Agreement or another form entered into in connection any other provider of telephone or telecommunications services to the Building, and (ii) the Provider shall agree to abide by the Rules and Regulations, the terms in the Riser and Telecommunications License Agreement applicable to the work and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the tenants in the Building, and the Landlord, including, without limitation, providing security in such form and amount as determined by Landlord. (4) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the Provider's equipment and materials. (5) The Provider is licensed and reputable. (6) The Provider agrees to compensate Landlord for space used in the Building for the storage and maintenance of the Provider's equipment and for all costs that may be incurred by Landlord in arranging for access by the Provider's personnel, security for Provider's equipment, and any other such costs as Landlord may reasonably expect to incur. (c) If Tenant fails to maintain all telephone cables and related wiring in the Premises and such failure affects or interferes with the operation or maintenance of any other telephone cables or related wiring in the Building, Landlord or any vendor hired by Landlord may upon prior written notice (except in the case of an emergency) enter into and upon the Premises forthwith and perform such repairs, restorations or alterations as Landlord deems necessary in order to eliminate any such interference (and Landlord may recover from Tenant all of Landlord's costs in connection therewith) unless in the case of an entry not involving an emergency Tenant corrects such failure within a reasonable period set forth in Landlord's notice. Upon the expiration or earlier termination of this Lease, Tenant agrees to remove all telephone cables and related wiring installed by Tenant for and during Tenant's occupancy to the extent required by applicable Laws and Landlord's prior written request. Tenant agrees that neither Landlord nor any of its agents or employees shall be liable to Tenant, or any of Tenant's employees, agents, customers or invitees or anyone claiming through, by or under Tenant, for any damages, injuries, losses, expenses, claims or causes of action because of any interruption, diminution, delay or discontinuance at any time for any reason in the furnishing of any telephone service to the Premises and the Building (d) Landlord's consent under this section shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of Provider. (e) Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole risk and expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The . (f) Tenant agrees that, to the extent any such service by Provider is interrupted, curtailed curtailed, or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior except if and to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined extent cause by the negligence of Landlord in or its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved agents. (g) The provisions of this Section 11 may be enforced solely by the Tenant and Landlord, and agrees to remove, at are not for the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement benefit of any work in or about the Building by the provider, the provider other party. No Provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests deemed a third party beneficiary of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsthis Lease.

Appears in 1 contract

Samples: Office Lease Agreement (FSP Galleria North Corp)

Telecommunications. The A. If Tenant wishes to utilize the services of a telephone or telecommunications provider whose equipment (e.g. switches, routers, hardware, and other such equipment) is not servicing the Building as of the date of Tenant’s execution of this Lease (‘Provider”), no such Provider shall be permitted to install its lines or other equipment within the Building without first securing the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. In no event shall Provider be permitted to provide service to any occupant of the Building other than Tenant without the prior written consent of Landlord. B. It shall be deemed reasonable for Landlord to refuse to give its consent to Provider unless all of the following conditions are satisfied to Landlord’s satisfaction in a written agreement between Provider and Landlord or by any other means acceptable to Landlord in its reasonable judgment. 1. Landlord shall incur no expense whatsoever with respect to any aspect of Provider’s provision of its services, including, without limitation, the costs of installation, materials, utilities (including the cost of any separate meters) and service; 2. Prior to commencement of any work in or about the Building by Provider, Provider shall supply Landlord with such written indemnities, insurance verifications, financial statements, and such other items as Landlord reasonably deems to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of Provider; 3. Prior to the commencement of any work in or about the Building by Provider, Provider shall agree to abide by the Rules and Regulations for the Property and such other requirements as are reasonably determined by Landlord to be necessary to protect the interest of the Building, the tenants in the Building and the Project, and Landlord, including, without limitation, providing security in such form and amount as determined by Landlord; 4. Landlord reasonably determines that there is sufficient space in the Building for the placement of all of Provider’s equipment and materials; 5. Provider is licensed and reputable; and 6. Provider agrees to compensate Landlord for space used in the Building for the storage and maintenance of Provider’s equipment and for all costs that may be incurred by Landlord in arranging for access by Provider’s personnel, security for Provider’s equipment, and any other such costs as Landlord may expect to incur. C. Landlord’s consent under this section shall not be deemed to be a warranty or representation by Landlord, including, without limitation, any warranty as to the suitability, competence, or financial strength of Provider. D. Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole risk and expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The . E. Tenant agrees that, that to the extent any such service by Provider is interrupted, curtailed curtailed, or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation . F. Landlord shall have no responsibility for the maintenance of Tenant’s telecommunications equipment, including wiring; nor for any wiring or other infrastructure to which Tenant’s telecommunications equipment may be connected. G. Landlord reserves the right to control telecommunications access by any telecommunications service provider to the Building, including use of risers, rooftops, telephone equipment rooms and telephone switch equipment at Landlord’s sole discretion. H. The provisions of the foregoing standard, it shall Section may be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans enforced solely by Tenant and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees are not for the benefit of any other party; specifically, without limitation, no telephone or telecommunications provider shall be deemed a third party beneficiary of this Lease. I. Tenant will provide access to remove, at telecommunications closets located within the Premises to Landlord’s requestengineers, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provideragents, the provider shall execute the Landlord’s standard telecommunications agreementtelecommunication experts, and shall supply other such personnel to facilitate the Landlord with such written indemnities, insurance, financial statements, and such telecommunications access for other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access upon reasonable notice to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsTenant.

Appears in 1 contract

Samples: Office Lease Agreement (Hallmark Financial Services Inc)

Telecommunications. The If Tenant requests that Landlord grant access to the Building to a telecommunications service provider designated by Tenant for purposes of providing telecommunications services to Tenant, Landlord shall use its good faith efforts to respond to such request within 30 days. Tenant acknowledges that nothing set forth in this Section 10.10 shall impose any affirmative obligation on Landlord to grant such request and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, shall have the right to determine which telecommunications service providers shall have access to Building facilities. Subject to the terms of this Section 10.10 and provided that AT&T grants Tenant access to the AT&T vault, Tenant shall have the right to install up to a four inch diameter cable in the existing conduit (the “Existing Conduit”) connecting the AT&T vault and the provider Main Point of Entry (“MPOE”). Tenant shall use existing Building conduits and pipes or use contractors approved by also have the Landlord, and agrees right to remove, at install one four inch conduit (the Landlord’s request, all cabling at “New Conduit”) from the expiry or earlier termination MPOE through the basement area of the Term of Building through the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants room located in the Building and the common riser path located in the Building to the Premises. The location of the New Conduit in the common riser path shall be subject to Landlord; and iv) ’s reasonable approval. Notwithstanding any provision to the Landlord contrary contained in this Lease, at Landlord’s election, Tenant shall receive remove Tenant’s cabling from the provider Existing Conduit and the New Conduit prior to the expiration or earlier termination of this Lease, and repair all damage to the Building resulting from such compensation as determined by the removal, at Tenant’s sole cost and expense. If Tenant fails to timely perform such removal and/or repair work, then Landlord for the fair market value of a providermay (but shall not be obligated to) perform such work at Tenant’s sole cost and expense. Tenant shall coordinate access to the Building, MPOE and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or common riser path located in the Building causes interference with Landlord prior to equipment used by another party, the Tenant shall assume all liability related to any such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsaccess.

Appears in 1 contract

Samples: Sublease Agreement (Sunrun Inc.)

Telecommunications. The (a) Tenant acknowledges and agrees that all telephone its telecommunications companies, including local exchange telecommunications companies and alternative vendor service companies, shall have no right of access to or within the Building and/or the Land for the installation or operation of telecommunications services desired or systems, including, but not limited to, voice, video, data, and other telecommunications services provided over wire, fiber optic, microwave, wireless, or any other transmission system, for all or part of Tenant’s telecommunications within the Building and from the Building and/or the Land to any other location without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. (b) Subject to Landlord’s prior written consent, which consent Landlord shall not be unreasonably withheld, conditioned or delayed, and compliance by the Tenant shall be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be Telecommunications Provider with Landlord’s reasonable and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with non-discriminatory rules and regulations adopted by therefor subject to the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the requirements in Section 8(b) hereof, Tenant and/or Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may Telecommunications Provider shall be connected. The Tenant agrees that, permitted access to the extent any such service is interruptedBuilding’s riser system, curtailed or discontinuedat no separate rental cost, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of the telecommunications cabling and other equipment and, in order to install, maintain, and operate the telecommunications cabling or other equipment; (2) Tenant and Tenant’s Telecommunications Provider shall be permitted access to the telecommunications closet(s) on the floor on which the Demised Premises is located and (3) Tenant shall at all times, (i) have reasonable access to the point of entry or telco riser closet in the Building, to which the applicable Tenant’s Telecommunications Provider delivers its equipment for telephone, data and other information cabling into the LandlordBuilding (“PXX”) and shall be permitted to install and maintain all appropriate cabling in the PXX and through the Building's existing conduits and/or existing floor penetrations and (ii) be permitted to install and maintain any horizontal conduit or pathways reasonably required by Tenant, in order to connect the PXX to Tenant’s prior approval, however main distribution frame. (c) In the placement event Landlord consents in writing to the installation by Tenant of any of cabling, wiring, risers and similar installations appurtenant thereto (collectively, “Wiring”), then the providers equipment on parties acknowledge and agree that Landlord shall retain the roof of the Building shall be in a location determined by the Landlord in its sole discretionWiring, and the provider Tenant covenants that: (i) Tenant shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with surrender such written indemnities, insurance, financial statementsWiring, and such other items as the Landlord reasonably determines to Wiring shall be necessary; iii) the provider agrees to abide by such rules free of all liens and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlordencumbrances; and iv(ii) the Landlord All Wiring shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Buildingbe left in good condition, reasonable wear and tear excepted, working order, properly labeled at each end and in each telecommunications/electrical closet and junction box, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationssafe condition.

Appears in 1 contract

Samples: Lease Agreement (Cellectar Biosciences, Inc.)

Telecommunications. The Tenant acknowledges and agrees that its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have no right of DMWEST #36871000 v9 00 XXXXX XXXX access to and within the Building, for the installation and 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 (“Telecommunications Services”), for part or all telephone of Tenant’s telecommunications within the Building and telecommunications services from the Building to any other location unless Landlord has previously reviewed and approved all plans, specifications and contracts pertaining to telecommunication service entry points, and any documents to which Landlord is a party or which may encumber the Project, which approval by Landlord will not be unreasonably withheld or delayed. Further, Landlord will work with Tenant to reasonably help Tenant implement Tenant’s desired Telecommunication Services as approved by Landlord. If Landlord fails to respond in writing within five business days after receipt from Tenant of such plans, specifications and contracts, Tenant may send Landlord a second written notice, which second notice, in order to be valid, must state in bold and capitalized letters at the Tenant top of the notice, “IF YOU FAIL TO RESPOND TO THIS REQUEST WITHIN FIVE BUSINESS DAYS, YOU WILL BE DEEMED TO HAVE APPROVED THE REQUEST.” If Landlord fails to approve or reject the second written request within such five business day period, Landlord shall be ordered deemed to have approved such plans, specifications and utilized at the sole expense contracts. All providers of the Tenant and only Telecommunications Services shall be required to comply with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by of the Project, applicable Laws and Landlord’s policies and practices for the Project, and shall be required, at Landlord’s election, to enter into a license agreement with Landlord from time to timeconfirm and approve items such as, without limitation, the proposed location (and labeling requirements) of wiring, cabling, fiber lines, points of demarcation, entry into the Project, insurance requirements and the like, all at no cost to Landlord. The Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no responsibility for liability to any Tenant Party in connection with the installation, operation or maintenance of the Telecommunications Services or any equipment or facilities relating thereto. Tenant’s or , at its provider’s equipmentcost and for its own account, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable solely responsible for the Landlord to refuse to give its approval unless obtaining all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsTelecommunications Services.

Appears in 1 contract

Samples: Lease Agreement (Dicerna Pharmaceuticals Inc)

Telecommunications. The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant Tenant. All installations of telecommunications equipment and only with the prior written consent of the wires shall be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. All the Unless Landlord otherwise requests or consents in writing, all of Tenant’s or its providers 's telecommunications equipment shall be and remain solely in the Premises or, only with and the written approval of the Landlord, telephone closet(s) on the roof of floor(s) on which the Building above the PremisesPremises is located, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s 's telecommunications equipment, including wiring, wire; nor for any wiring or other infrastructure to which the Tenant’s 's telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinueddiscontinued from any cause whatsoever, the whether or not such loss, or damage results from any fault, default, negligence, act or omission of Landlord or its agents, servants, employees, or any other person for whom Landlord is in law responsible, Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation Landlord shall have the right, upon reasonable prior notice to Tenant, to interrupt or turn off telecommunications facilities in the event of emergency or as necessary in connection with the operation of the foregoing standardBuilding or installation of telecommunications equipment for other tenants of the Building. Any and all telecommunications equipment installed in the Premises or elsewhere in the Building by or on behalf of Tenant, it including wiring or other facilities for telecommunications transmittal, shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) removed prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry expiration or earlier termination of the Term Term, by Tenant at its sole cost or, at Landlord's election, by Landlord at Tenant's sole cost, with the cost thereof to be paid as Additional Rent. (i) Landlord shall incur no expense whatsoever with respect to any aspect of the Lease; provider's provision of its services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the provider; (iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants of the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to alterations as described in SECTION 4.2 of this Lease; (iv) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the provider's equipment and the Landlordmaterials; and iv(v) the provider agrees to abide by Landlord's requirements, if any, that provider use existing Building conduits and pipes or use building contractors (or other contractors approved by Landlord); (vi) Landlord shall receive receives from the provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Landlord Building for the storage and maintenance of the provider's equipment, for the fair market value of a provider’s 's access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v(vii) the provider agrees to deliver to Landlord detailed "as built" plans immediately after the installation of the provider's equipment is complete; and (viii) all of the foregoing matters are documented in a written license or other agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord. Notwithstanding any provision of the preceding paragraphs to the contrary, the refusal of Landlord to grant its approval to any prospective telecommunications provider shall incur no expense whatsoever not be deemed a default or breach by Landlord of its obligation under this Lease unless and until Landlord is adjudicated to have acted recklessly or maliciously with respect to Tenant's request for approval, and in that event, Tenant shall still have no right to terminate the Lease or claim an entitlement to rent abatement, but may as Tenant's sole and exclusive recourse seek a judicial order of specific performance compelling Landlord to grant its approval as to the perspective provider in question. The provisions of this paragraph may be enforced solely by Tenant and Landlord, are not for the benefit of any aspect of the provider’s provision of its servicesother party, including and specifically but without limitation, no telephone or telecommunications provider shall be deemed a third party beneficiary of this Lease. Tenant shall not utilize any wireless communications equipment (other than usual and customary cellular telephones), including antennae and satellite receiver dishes, within the costs Premises or the Building, without Landlord's prior written consent. Such consent may be conditioned in such a manner so as to protect Landlord's financial interests and the interests of installationthe Building, materials and servicesthe other tenants therein, in a manner similar to the arrangements described in the immediately preceding paragraphs. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The , Tenant shall use reasonable efforts, and shall co-operate cooperate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will shall substitute alternative equipment that which remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s 's discretion, remove such equipment according to foregoing specifications.

Appears in 1 contract

Samples: Lease Agreement (Aerobic Creations, Inc.)

Telecommunications. The (a) Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense and discretion of the Tenant and only with the prior written consent of the LandlordTenant. All the Tenant’s or its providers telecommunications equipment equipment, wires, conduit, and cabling (collectively, “Tenant’s Telecommunications Equipment”) shall be installed and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, operated in accordance with rules Applicable Laws (including, without limitation, those of the Federal Communications Commission (“FCC”), the Occupational Safety and regulations adopted by Health Administration (“OSHA”), and the Landlord from time Federal Aviation Administration (“FAA”)), and Tenant, at its expense, shall obtain all permits, licenses, variances, authorizations, and approvals that may be required in order to timeinstall and operate Tenant’s Telecommunications Equipment. The Landlord shall have no responsibility for the maintenance of the Tenant’s Telecommunications Equipment or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment Telecommunications Equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed curtailed, or discontinueddiscontinued from any cause whatsoever, except to the extent caused by the negligence or willful misconduct of Landlord or its agents, employees, or contractors, Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation . (b) Any and all Tenant’s Telecommunications Equipment installed in the Buildings by or on behalf of the foregoing standard, it Tenant shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) removed prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry expiration or earlier termination of the Term Term, by Tenant at its sole cost. Landlord and Tenant shall have the right to agree, however, prior to the expiration or earlier termination of the Lease;Term, for Tenant to abandon and leave in place, without additional payment to Tenant or credit against Base Rent or Additional Rent, any and all Tenant’s Telecommunications Equipment and related infrastructure, or selected components thereof. ii(c) prior Notwithstanding anything contained in this Lease to commencement of any work in or about the Building by contrary, Tenant shall have the providerexclusive right to install, the provider shall execute the Landlord’s standard telecommunications agreementmaintain, and shall supply remove on the Landlord with roofs of the Buildings satellite dishes or other similar devices, such written indemnitiesas antennae, insurancefor the purpose of receiving and sending radio, financial statementstelevision, computer, telephone, or other communication signals (and including the installation of all necessary cables, wires, and transformers), together with the right to the use of the conduits, pipes, risers, and shafts within the Buildings for the installation of cables, wiring, and other equipment therein in connection with the operation of all such other items as devices (the Landlord reasonably determines foregoing facilities that are installed by or on behalf of Tenant are hereby called the “Tenant’s Rooftop Communications Equipment,” which shall be deemed to include such similar equipment to be necessary; iiiinstalled by any sublessee, provided, however, that, in no event may Landlord or Tenant allow any third parties (e.g., subtenants and licensees) to utilize the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests roof of the BuildingBuildings for the installation, the tenants maintenance, and operation of Tenant’s Rooftop Communication Equipment or other similar equipment, other than bona fide subtenants not primarily engaged in the Building business of telecommunications and occupying all or a portion of the interior of the Premises pursuant to a permitted sublease or a sublease which has been approved by Landlord (and which sublease shall expressly include the right to install Tenant’s Rooftop Communication Equipment or similar equipment), subject to Tenant’s obligation to comply with all Applicable Laws and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever Declaration with respect to any aspect the installation, maintenance, and operation of Tenant’s Rooftop Communication Equipment or such other similar equipment. Tenant shall advise Landlord at least ten (10) business days in advance of the providerplanned installation of Tenant’s provision Rooftop Communications Equipment, and if required by Landlord, such installation shall be done by the roofing company which provides the roof warranty for the Buildings and in such a manner so as to not invalidate such warranty. Except to the extent caused by (i) the roofing company installing Tenant’s Rooftop Communications Equipment if required by Landlord, and/or (ii) Landlord, it’s agents, or employees, Tenant shall be responsible for any damage to the Buildings caused by installing or maintaining Tenant’s Rooftop Communications Equipment. At the expiration or earlier termination of this Lease, Tenant, at its servicesexpense, including shall remove Tenant’s Rooftop Communications Equipment; provided, however, Landlord and Tenant shall have the right to agree, prior to the expiration or earlier termination of the Term, for Tenant to abandon and leave in place, without limitationadditional payment to Tenant or credit against Base Rent or Additional Rent, any and all Tenant’s Rooftop Communications Equipment and related components thereof. Any work required to restore the costs roof or any other part of the Buildings or Property from any damage occasioned by the installation, materials maintenance, or removal of Tenant’s Rooftop Communications Equipment shall be borne by Tenant. The installation, maintenance, and services. In removal of Tenant’s Communications Equipment shall be subject to the event that telecommunications equipment, wiring obligations imposed upon Tenant in this Lease with respect to Tenant’s use and facilities or satellite and antennae equipment of any type installed by or at the request occupancy of the Premises; provided, however, that there shall be no additional consideration due from Tenant within with respect to the Premisesrights granted to Tenant pursuant to this Section. (d) Notwithstanding anything herein to the contrary, on the roofLandlord shall have no right to install, or elsewhere within or maintain, and operate telecommunications equipment in the Building causes interference to equipment used by another partyBuildings (including the rooftops thereof), the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable effortswithout Tenant’s prior written consent, which consent may be withheld in Tenant’s sole and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s absolute discretion, remove such equipment according to foregoing specifications.

Appears in 1 contract

Samples: Lease Agreement (Office Depot Inc)

Telecommunications. There are installed in the Building telephone riser cables (collectively the “riser cables”) from the outside of the Building to the terminal block on each floor in the Building. Subject to Landlord’s supervision and reasonable approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall have the right to use the riser cables by installing telecommunication lines from the Premises to the terminal block on the floor or floors on which the Premises are located (such lines, and any other voice/data cables, lines or wires used or installed by or for Tenant and serving the Premises are referred to as the “telecommunication lines”). Landlord, however, makes no representations or warranties with respect to the capacity, suitability or design of the riser cables or terminal blocks. If there is more than one tenant on a floor. Landlord will allocate hook-ups to the terminal block based on the proportion of rentable square feet that each tenant occupies on the floor. The installation and hook-up of telecommunication lines by Tenant acknowledges will be subject to all of the terms and agrees that conditions of this Lease, including, without limitation. Section 10 of this Lease. Tenant will have no rights or interest in the riser cables and terminal blocks in the Building therein except as set forth herein. Under no circumstances will Landlord or its agents or employees be liable for, and Tenant and each of its subtenants waives all claims with respect to, any damages or losses sustained by it or any occupant of the Premises, including any property or consequential damages, resulting from operating or maintenance of the riser cables and terminal blocks. Without limiting the generality of the foregoing, in no event shall Landlord be liable for: (a) any damage to Tenant’s or its subtenants’ telephone lines, telephones or other equipment connected to the telecommunication lines, (b) interruption or failure of, or interference with, telephone or other service coming through the telecommunication lines to the Premises, or (e) unauthorized eavesdropping or wiretapping. All telephone and telecommunications services desired by the Tenant shall must be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the LandlordTenant. All the of Tenant’s or its providers telecommunications equipment shall must be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with this Lease and with the rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for Any and all telecommunications lines and equipment installed in the maintenance of the Tenant’s Premises or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of elsewhere in the Building shall by or on behalf of Tenant must be in a location determined by removed before the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry expiration or earlier termination of the Term of the this Lease; ii) prior to commencement of any work in or about the Building , by the providerTenant at its sole cost or, the provider shall execute the at Landlord’s standard telecommunications agreementelection, by Landlord at Tenant’s sole and reasonable cost, with such cost to be paid as Additional Rent. However, Landlord will have the right, upon written notice to Tenant given no later than 30 days before the expiration or earlier termination of this Lease, to require Tenant to abandon and leave in place, without additional payment to Tenant or credit against rent, any and all telecommunication lines and related infrastructure, or selected components thereof, other than Tenant’s telephone and communications equipment, whether located in the Premises or elsewhere in the Project. Tenant covenants and agrees that at the termination or expiration of this Lease, Tenant will be the sole owner of such telecommunication lines and related equipment and infrastructure, such that if Landlord elects to require such telecommunication lines and related equipment and infrastructure to remain in place, Landlord will become the sole owner thereof upon expiration or termination of this Lease; Tenant further covenants that such telecommunication lines and related equipment and infrastructure will be free of all liens and encumbrances, and shall supply that such telecommunication lines will be in good condition, working order. and properly labeled at each end and in each telecommunications/electrical closet and junction box. The provisions of this grammatical paragraph will survive expiration or termination of this Lease. If Tenant wishes at any time to utilize the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the services of a telecommunications provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of whose equipment is not then servicing the Building, the tenants in no such provider will be permitted to install its lines or other equipment within the Building and or on the Project without first securing the prior written consent of Landlord; and iv) the Landlord , which consent shall receive from the provider not be unreasonably withheld, conditioned or delayed provided that such compensation as determined by the Landlord for the fair market value of a provider’s access installation does not require any infrastructure modifications to the Building, and Building or the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and servicesProperty. In the event that If telecommunications equipment, wiring wiring, and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in on the Building or Project causes interference to equipment used by another party, the Tenant shall will (i) assume all liability related to such interference. The Tenant shall , and will indemnify and hold Landlord harmless from any liabilities and claims against Landlord resulting from such interference, (ii) use reasonable efforts, and shall co-operate cooperate with the Landlord and other parties, to promptly eliminate such interference. In the event that the , (iii) if Tenant is unable to do sopromptly eliminate such interference, the Tenant will substitute alternative equipment that which remedies the situation. If , and (iv) if such interference persists, the Tenant shall discontinue the use of the equipment causing such equipment, interference and, at the Landlord’s reasonable discretion, remove such equipment according to foregoing specificationsequipment.

Appears in 1 contract

Samples: Office Lease (Alfacell Corp)

Telecommunications. The Tenant acknowledges and agrees that its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have (A) for so long as Tenant is leasing space in both Building 1 and Building 2, the exclusive right of access to those certain two (2) four inch (4") conduits running between the Buildings as described in Schedule 1 to Exhibit J and (B) the limited and non-exclusive right of access to and within the Buildings (to the extent Tenant is then leasing space in both such Buildings, otherwise to just the applicable Building) (including a designated pathway to one of the Buildings, which shall be underground), for the installation and operation of wired and wireless telecommunications systems, including voice, fiber optic, video, data, and Internet ("Telecommunications Services"), for part or all telephone of Tenant's telecommunications within the Buildings (including reasonable non-exclusive use of the Buildings' roofs (subject to the terms of Section 25(t) below), chase ways (not to exceed Tenant's Proportionate Share of chase ways) and telecommunications services desired by common areas, as reasonably necessary) and from the Buildings (to the extent Tenant is then leasing space in both such Buildings, otherwise to just the applicable Building) to any other location, subject to Landlord's approval, not to be unreasonably withheld, conditioned or delayed. For so long as Tenant is leasing at least 50,000 rentable square feet, Tenant shall be ordered have the limited and utilized at non-exclusive right of access to and use of one additional conduit (i.e., two (2) total conduits) from the sole expense street in front of the Complex to a Building in which Tenant and only leasing space to establish service;from a second telecommunications provider. All providers of Telecommunications Services shall be required to comply with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted of the Buildings, applicable Laws and Landlord's policies and practices for the Buildings reasonably established by the Landlord from time to time, including, prior to any such access, installation or operation, the execution of a license agreement in form and substance reasonably acceptable to Landlord. The Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no responsibility for liability to any Tenant Party in connection with the installation, operation or maintenance of the Telecommunications Services or any equipment or facilities relating thereto. Tenant’s or , at its provider’s equipmentcost and for its own account, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable solely responsible for the Landlord to refuse to give its approval unless obtaining all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specificationsTelecommunications Services.

Appears in 1 contract

Samples: Lease Agreement

Telecommunications. (a) The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense or liability whatsoever with respect to any aspect of the provider’s provision of its servicestelecommunication services for the Premises, including including, without limitation, the costs cost of installation, materials service, materials, repairs, maintenance, interruption or loss of telecommunication service. (b) The Tenant may utilize a telecommunication service provider (a “TSP”) of its choice with the Landlord’s prior written consent, but: (i) if the TSP is required to provide or install facilities in the Building in order to enable it to provide service to the Tenant, the Landlord must first determine that there is sufficient space in, or on the Building for the installation of the TSP’s facilities and services. In that the event that telecommunications equipmentTSP is acceptable to the Landlord; (ii) if the TSP intends to install, or has installed or purchased facilities situated in the Building for the purpose of providing telecommunication services to tenants in the Building, the Landlord shall require the TSP to execute and deliver the Landlord’s standard form of TSP licence agreement and pay to the Landlord the Landlord’s market rate for TSP’s access and use of the Building, as applicable; (iii) the Tenant shall be responsible for all costs incurred by the Landlord in enabling usage by the Tenant of its choice of TSP not otherwise paid by such TSP; and (iv) the Tenant shall be responsible for the removal of all wiring serving the Premises by such TSP at the expiry of the Term, if required by the Landlord. (c) If the Tenant’s approved TSP does not have a point of connection in the Premises, the Tenant may be required to install its own cable and facilities or satellite to purchase cable and antennae equipment facilities from the Landlord for installation in the communication pathways and risers of any type installed by the Building for connection to the Tenant’s TSP’s facilities in the main terminal room, at the main distribution frame or at other points of connection designated by the request of Landlord. In such case: (i) the Tenant within may be required to pay the Premises, on the roof, or elsewhere within or Landlord’s costs in the Building causes interference to equipment used by another party, enabling such connection; (ii) the Tenant shall assume all liability related may be required to remove such interference. The Tenant shall use reasonable effortscable and facilities and restore any damage caused by the removal, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, andor, at the Landlord’s discretionoption, remove to pay the cost of removal and restoration; (iii) the Tenant may be required to contribute to the costs of riser and telecommunications room management incurred by the Landlord; and (iv) the Tenant may be required to abide by any policies, directions or requirements of any riser or telecommunications room manager retained by the Landlord and to pay, in addition, any direct costs invoiced to the Tenant by such equipment according manager in respect of plan review charges, inspection charges and other services provided by such manager to foregoing specificationsthe Tenant. (d) If required by the Landlord, the Tenant shall change its TSP if the licence agreement referred to above in Section 7.6(b) is terminated or expires and is not renewed. The Tenant acknowledges that the Landlord has no obligation to ensure continuation of services by the Tenant’s TSP or any other TSP in the Building. (e) The Landlord may require, upon 30 days prior written Notice, that the Tenant relocate all or any portion of the cables or facilities installed by it.

Appears in 1 contract

Samples: Lease Agreement (Venus Concept Inc.)

Telecommunications. The Tenant acknowledges Telephone and agrees that telecommunications services shall not be furnished by Landlord. Landlord shall have exclusive access to the Building telephone riser cable and all other telephone or communications cables or wiring, junction boxes, wire conduits and associated facilities and equipment serving the Premises and other premises in the Building, to the point of connection to Tenant’s communications equipment and all telephone and communications closets in the Building; provided, however, that upon reasonable prior notice thereof to Landlord, Landlord shall provide such reasonable access to such cables or other equipment or facilities as may be necessary for Tenant to complete its Tenant’s Work or to repair or maintain Tenant’s telephone or telecommunications services desired by the services. All telephone and other telecommunications connections which Tenant may desire shall be ordered first approved by Landlord in writing (which approval shall not be unreasonably withheld), before the same are installed, and utilized at the sole expense location of all wires and the work in connection therewith shall be performed by contractors approved by Landlord (which approval shall not be unreasonably withheld) and shall be subject to the direction of Landlord; provided, however, that Landlord hereby consents to Tenant’s performance of such telephone and telecommunications work that shall form a part of Tenant’s Work, subject to Tenant’s compliance with Exhibit B, and provided, further, that Tenant may perform ordinary repair and maintenance of its telephone and telecommunications systems within the interior of the Premises without Landlord’s prior consent. Tenant reserves the right to designate the entity or entities providing telephone or other communication cable installation, operation, repair and only with maintenance for the Premises subject to obtaining Landlord’s prior written consent of the Landlord. All thereto (which consent shall not be unreasonably withheld, conditioned or delayed so long as the Tenant’s use of such service provider would not, in Landlord’s reasonable judgment, adversely affect operations at the Building or its providers telecommunications equipment otherwise result in any increase in Landlord’s costs or expenses); provided that Landlord shall have the right to impose reasonable controls and to reasonably restrict and control access to telephone cabinets and risers at the Building and to require all such access to be and remain solely in the Premises or, only coordinated with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with Building’s riser manager. Tenant agrees to abide by any and all rules and regulations adopted established by the Landlord from time to timetime relative to telephone riser management at the Building (provided that Landlord shall not discriminate in its enforcement of such rules and regulations as and to the extent provided in Section 12 below). The Tenant shall be responsible for and shall pay all costs incurred in connection with the installation of telephone or other telecommunications cables and related wiring in the Premises or Building, including, without limitation, any hook-up, access and maintenance fees related to the installation of such wires and cables in the Premises or Building and the commencement of service therein, and the maintenance thereafter of such wire and cables; and there shall be included in Expenses for the Building all installation, hook-up or maintenance costs incurred by Landlord in connection with telephone or other telecommunications cables and related wiring in the Building which are not allocable to any individual users of such service but are allocable to the Building generally. If Tenant fails to maintain all telephone or other telecommunications cables and related wiring in the Premises and such failure affects or interferes with the operation or maintenance of any other telephone or other telecommunications cables or related wiring in the Building, Landlord or any vendor hired by Landlord may, upon reasonable prior notice, enter into and upon the Premises forthwith and perform such repairs, restorations or alterations as Landlord deems necessary in order to eliminate any such interference (and Landlord may recover from Tenant all of Landlord’s costs in connection therewith and Landlord shall have no responsibility for liability to Tenant by reason thereof). Upon the maintenance Expiration Date or earlier termination of this lease or Tenant’s right to possession of the Tenant’s or its provider’s equipmentPremises, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees thatagrees, to the extent required by Laws, to remove all telephone and other telecommunications, cables and related wiring installed by Tenant. Tenant agrees that neither Landlord nor any such of its agents or employees shall be liable to Tenant, or any of Tenant’s employees, agents customers or invitees or anyone claiming through, by or under Tenant, for any damages, injuries, losses, expenses, claims or causes of action because of any interruption, diminution, delay or discontinuance at any time for any reason in the furnishing of any telephone or other telecommunications service to the Premises and the Building (except due to the intentional, bad faith conduct of Landlord or its agents or employees), provided that the foregoing is interruptedsubject, curtailed or discontinuedin any event, to the Landlord terms of Section 16(f) below). Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right (but in no obligation or liability with respect thereto event shall Tenant be obligated) to install, operate and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to removemaintain, at Tenant’s sole cost and expense, a telco room (the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii“Telco Room”) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on for Tenant’s exclusive use, which Telco Room shall contain Tenant’s telephone and network communications equipment. Tenant shall install such Telco Room in a location mutually agreed upon by Landlord and Tenant. The installation of the roof, or elsewhere within or Telco Room shall be included in the Building causes interference Plans for the Tenant’s Work pursuant to equipment used by another party, the Tenant shall assume all liability related Workletter and subject to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretionprior written approval, remove such equipment according not to foregoing specificationsbe unreasonably withheld. Landlord shall have reasonable access to the Telco Room upon reasonable prior written or oral notice thereof to Tenant.

Appears in 1 contract

Samples: Office Lease (Ulta Salon, Cosmetics & Fragrance, Inc.)

Telecommunications. The Tenant acknowledges shall install and agrees that maintain all telephone required intrabuilding network cable and other communications wires and cables necessary to serve the Premises from the point of presence in the Building. Tenant shall obtain any telecommunications services desired within the Building from vendors selected by Landlord or approved by Landlord in its sole discretion (a "Provider"). In the event that Tenant desires to obtain telecommunications services from a Provider not selected by Landlord, Tenant shall submit to Landlord a list of such proposed vendor(s) together with such other information regarding the vendors as Landlord may request, including financial information, references from at least two (2) owners of comparable projects in which the vendor has experience and a description of the vendor's business activities in downtown Bellevue. Landlord shall notify Tenant within thirty (30) Business Days of receipt of the list if Landlord approves any of Tenant's proposed vendors. Failure to notify Tenant shall be ordered deemed disapproval. If Landlord approves any telecommunications Provider selected by Xxxxxx, the Provider must agree in writing to abide by all of Landlord's policies and utilized procedures for telecommunications vendors and to pay for the use of any space outside the Premises needed to install the vendor's equipment at the sole expense of the Tenant and only with the prior written consent of the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted rate established by the Landlord from time to time. The If Tenant desires to utilize the services of a Provider not selected by Landlord, such Provider must obtain the written consent of Landlord to the plans and specifications for its lines or equipment within the Building prior to installation in the Building and must install such lines and equipment in locations designated by Landlord. Tenant shall obtain any necessary governmental permits relating to the installation, use or operation of Provider's lines and equipment. Landlord shall have no responsibility for the maintenance provide Tenant and its Provider and contractors with reasonable access to portions of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which Building outside the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, Premises to the extent necessary to install, maintain or replace any such telecommunications equipment serving the Premises. Xxxxxxxx's consent to a Provider shall not be deemed to constitute a representation or warranty as to the suitability, capability or financial strength of any Provider. To the extent the service by a Provider is interrupted, curtailed or discontinueddiscontinued for any reason whatsoever, the Landlord shall have no obligation or liability with respect thereto in connection therewith. The provisions of this Section are solely for the benefit of Tenant and it Landlord, are not for the benefit of any third party, and no telephone or telecommunications provider shall be deemed a third party beneficiary hereof. Tenant acknowledges and agrees that Landlord has not represented or warranted that Tenant will have unlimited access to riser space or other space outside the sole obligation Premises for the purpose of the installing telecommunications equipment and Landlord shall have no obligation to construct or designate additional riser space or equipment space to accommodate the Tenant's or its Provider's telecommunications equipment. Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the acknowledges that roof and riser space are a finite commodity and that Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord may in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the discretion limit Tenant's total use of such equipmentspace to accommodate and take into account use of the Project systems and the needs of other Project tenants. Notwithstanding the foregoing, andafter Landlord has approved Tenant's TI Working Drawings pursuant to Exhibit C, --------- Landlord shall make the riser space or other space outside the Premises as shown in the approved TI Working Drawings available to Tenant throughout the Term at the Landlord’s discretion, remove such equipment according to foregoing specificationsTenant's expense.

Appears in 1 contract

Samples: Office Building Lease (Homegrocer Com Inc)

Telecommunications. (a) The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense may utilize a telecommunication service provider of the Tenant and only its choice with the Landlord’s prior written consent consent, subject to the provisions of this Lease and the following: (i) prior to commencing any work in the Building, the service provider must execute and deliver the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises orstandard form of licence agreement, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with rules and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable include a provision for the Landlord to refuse to give its approval unless all receive compensation for the use of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications space for the installation of its service provider’s equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Leasematerials; (ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense or liability whatsoever with respect to any aspect of the provider’s provision of its telecommunication services, including without limitation, the costs cost of installation, materials and services. In service, materials, repairs, maintenance, removal, interruption or loss of telecommunication service; (iii) the event Landlord must first reasonably determine that telecommunications equipment, there is sufficient space in the risers of the Building for the installation of the service provider’s wiring and facilities cross connect; (iv) the Tenant shall indemnify and hold harmless the Landlord for all Claims suffered or satellite and antennae equipment of any type installed incurred by Landlord caused by or at arising out of, either directly or indirectly, any acts or omissions by the request of service provider or the telecommunication equipment that the Tenant within the Premises, on the roof, or elsewhere within or arranges to have installed in the Building causes interference and the Premises; (b) The Tenant is responsible for the costs associated with the supply and installation of telephone, computer and other communication equipment and systems and related wiring within the Premises to the boundary of the Premises for hook up or other integration with the telephone and other communication equipment used and systems of a telephone or other communication service provider, which equipment and systems of the service provider are, or will be, located in the Building pursuant to the Landlord’s standard form of licence agreement. (c) The Landlord shall supply space in Building’s risers and space on floor(s) of the Building in which the Premises are located, the location of which shall be designated by another partythe Landlord, to telecommunication service providers who have entered into the Landlord’s standard form of licence agreement for the purpose, without any cost or expense to the Landlord therefor, of permitting installation in such risers and on such floor(s) of telephone and other communication services and systems (including data cable patch panels) to the Premises at a point designated by the Landlord. (d) The Landlord has the right to assume control of wiring, cables and other telecommunication equipment in the Building and may designate them as part of the Common Areas. (e) The Tenant will not install or use any telecommunication equipment (including any wireless equipment, antennae or related equipment) that creates a health hazard or that interferes with the operating systems of the Building or the telecommunication equipment of the Landlord or other occupants of the Building. (f) If the Tenant sets up a wireless network within the Premises then: (i) the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate cooperate fully with the Landlord and other partiesothers if any spectrum management requirements or programs are put in place to ensure that radio frequencies, to promptly eliminate such interference. In channels and unlicensed portions of the event that radio frequency spectrum operate harmoniously within the Building and do not cause any interference with telecommunications or systems outside of the Building; (ii) the Tenant is unable may be required to do sopay an equitable share, determined by the Landlord, of the costs incurred by the Landlord for spectrum management, as well as costs of monitoring, inspecting, investigating, and obtaining reports relating to wireless equipment usage; and (iii) the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at abide by any recommendations made by the Landlord’s discretionExperts relating to spectrum management and the mitigation of interference, remove such security and reception issues. (g) The Tenant acknowledges that the Landlord makes no representation concerning, and assumes no responsibility for, any telecommunications or telecommunications equipment according of the Tenant or for managing, controlling or protecting telecommunications of the Tenant. The Tenant is fully responsible for satisfying itself concerning all aspects of the Building, its operations and those of its occupants having regard to foregoing specificationstelecommunication matters and related equipment and will indemnify the Landlord against all Claims relating to disruption that are made by third parties with whom the Tenant or occupants of the Premises communicate via telecommunications. (h) The Tenant shall not resell telecommunication services (wireless or otherwise) using equipment situated on the Premises or in the Building. (i) The Tenant will not permit any personnel employed by it or any occupant of the Premises to engage in so called “hacking” or other unauthorized use of telecommunication or wireless facilities in, adjacent to or serving the Building or any of its occupants.

Appears in 1 contract

Samples: Lease Agreement (IMV Inc.)

Telecommunications. The (a) Limitation of Responsibility. Tenant acknowledges and agrees that all telephone and telecommunications services desired by Tenant for use in the Premises shall be ordered and utilized at the sole cost and expense of Tenant. Subject to Landlord's supervision and approval, Tenant shall have the right to use the riser cables by installing telecommunication lines from the Premises to the terminal block on the floor or floors on which the Premises are located (such lines, and any other voice/data cables, lines or wires used or installed by or for Tenant and serving the Premises are referred to as the "telecommunication lines"). Landlord, however, makes no representations or warranties with respect to the capacity, suitability or design of the riser cables or terminal blocks. If there is more than one tenant on a floor, Landlord will allocate hook-ups to the terminal block based on the proportion of rentable square feet that each tenant occupies on the floor. The installation and hook-up of telecommunication lines by Tenant will be subject to all of the terms and conditions of this Lease, including, without limitation, Paragraph 20 of this Lease. Tenant will have no rights or interest in the riser cables and terminal blocks in the Building therein except as set forth herein. Under no circumstances will Landlord or its agents or employees be liable for, and Tenant and each of its subtenants waives all claims with respect to, any damages or losses sustained by it or any occupant of the Premises, including any property or consequential damages, resulting from operating or maintenance of the riser cables and terminal blocks. Without limiting the generality of the foregoing, in no event shall Landlord be liable for: (a) any damage to Tenant's or its subtenants' telephone lines, telephones or other equipment connected to the telecommunication lines; (b) interruption or failure of, or interference with, telephone or other service coming through the telecommunication lines to the Premises; or (c) unauthorized eavesdropping or wiretapping. All telephone and telecommunications desired by Tenant must be ordered and utilized at the sole expense of the Tenant and only with the prior written consent of the LandlordTenant. All the of Tenant’s or its providers 's telecommunications equipment shall affixed to the Premises must be and remain solely in the Premises or, only with the written approval of the Landlord, on the roof of the Building above the Premises, in accordance with this Lease and with the rules and regulations adopted by the Landlord from time to time. The Unless otherwise specifically agreed to in writing, Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s 's telecommunications equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s 's telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretion, and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Lease; ii) prior to commencement of any work in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable to do so, the Tenant will substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specifications.

Appears in 1 contract

Samples: Lease (Matrix Bancorp Inc)

Telecommunications. The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized responsible for arranging for its own telecommunications services at the sole expense Premises. All telegraph, telephone, and electric connections which Tenant may desire and the location of all wires and the work in connection therewith shall be first approved by Landlord in writing before the same are installed but such approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall be responsible for obtaining all governmental approvals and only shall pay all costs incurred in connection with the prior written consent installation of telephone cables and related wiring from the Landlord. All the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval point of the Landlord, presence on the roof of first floor, through conduit sleeves provided by Landlord to the Building above telephone closets on each floor, then to and in the Premises, in accordance with rules including, without limitation, any hook-up, access and regulations adopted by the Landlord from time to time. The Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior fees related to the installation of any equipment such wires and cables in the provider shall provide plans Premises and specifications for the installation commencement of its equipment for the Landlord’s prior approval, however the placement of any of the providers equipment on the roof of the Building shall be in a location determined by the Landlord in its sole discretionservices therein, and the provider shall use existing Building conduits maintenance thereafter of such wire and pipes or use contractors approved by the Landlordcables, and agrees all installation, hook-up or maintenance costs incurred by Landlord in connection with telephone cables and related wiring in the Premises which are allocable to removeTenant. If Tenant fails to maintain all such telephone cables and related wiring, at or if such cables or wiring affects or interferes with the Landlord’s request, all cabling at the expiry operation or earlier termination of the Term of the Lease; ii) prior to commencement maintenance of any work other telephone cables or related wiring in or about the Building by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessary; iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the Building, the tenants Tenant shall immediately following notice take such action as is required to eliminate such interference and, in the Building and the Landlord; and iv) the Landlord shall receive from the provider such compensation as determined by the Landlord for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by the Landlord; and v) the Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, on the roof, or elsewhere within or in the Building causes interference to equipment used by another party, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Tenant is unable fails to do so, Landlord or any vendor hired by Landlord may perform such repairs, restorations or alterations as Landlord deems necessary in order to eliminate any such interference (and Landlord may recover from Tenant all of Landlord’s costs in connection therewith) and, if necessary, may enter into and upon the Premises forthwith to perform such repairs, restorations or alterations. Upon expiration of the Term, Tenant will substitute alternative equipment that remedies shall remove, at its cost and expense, all telephone cables and related wiring installed by or for Tenant after completion of the situationinitial tenant improvements in the Premises which Landlord requests Tenant to remove. If such interference persists, the Tenant shall discontinue the use of such equipment, and, so requests at the Landlordtime any such cables or wiring is to be installed, Landlord will advise Tenant as to whether such cable or wiring will be required to be removed at the termination or expiration of the Lease. Tenant agrees that neither Landlord nor any of its agents or employees shall be liable, by abatement of Rent or otherwise, to Tenant, or any of Tenant’s discretionemployees, remove agents, customers or invitees or anyone claiming through, by or under Tenant, for any damages, injuries, losses, expenses, claims or causes of action because of any interruption, diminution, delay or discontinuance at any time for any reason in the furnishing of any telecommunications service to the Premises (including, without limitation, any act or omission of any tenant or occupant of the Building or any other person with respect to the Building wiring) and no such equipment according to foregoing specificationsinterruption, diminution, delay or discontinuance shall constitute an eviction or disturbance of Tenant’s use and possession of the Premises or any part thereof.

Appears in 1 contract

Samples: Office Lease (Geovera Insurance Holdings, Ltd.)

Telecommunications. The Tenant acknowledges and agrees that all telephone and telecommunications services desired by the Tenant shall be ordered and utilized at the sole expense of the Tenant and only with Tenant. Unless the prior written Landlord otherwise requests or consents in writing, such consent of the Landlord. All not to be unreasonably withheld, all the Tenant’s or its providers telecommunications equipment shall be and remain solely in the Premises or, only with the written approval of the Landlord, the telephone closet(s) on the roof of floor(s) on which the Building above the PremisesPremises are located, in accordance with reasonable rules and regulations adopted by the Landlord from time to time. The Unless otherwise specifically agreed to in writing, the Landlord shall have no responsibility for the maintenance of the Tenant’s or its provider’s telecommunications equipment, including wiring, nor for any wiring or other infrastructure to which the Tenant’s telecommunications equipment may be connected. The Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued, the Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of the Tenant at its expense to obtain substitute service. In the event that the Tenant wishes at any time to utilize the services of a telephone or telecommunications provider whose equipment is not then servicing the Office Component no such provider shall be permitted to install its lines or other equipment within the Office Component without first securing the prior written approval of the Landlord not to be unreasonably withheld. Such approval shall not be deemed any kind of warranty or representation by the Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the provider. Without limitation of the foregoing standard, it shall be reasonable for the Landlord to refuse to give its approval unless all of the following conditions are satisfied: i) prior satisfied to the installation of any equipment the provider shall provide plans and specifications for the installation of its equipment for the Landlord’s prior approval, however satisfaction: (i) the placement of Landlord shall incur no expense whatsoever with respect to any aspect of the providers equipment on provider’s provision of its services, including without limitation, the roof costs of the Building shall be in a location determined by the Landlord in its sole discretioninstallation, materials and the provider shall use existing Building conduits and pipes or use contractors approved by the Landlord, and agrees to remove, at the Landlord’s request, all cabling at the expiry or earlier termination of the Term of the Leaseservices; (ii) prior to commencement of any work in or about the Building Office Component by the provider, the provider shall execute the Landlord’s standard telecommunications agreement, and shall supply the Landlord with such written indemnities, insurance, financial statements, and such other items as the Landlord reasonably determines to be necessarynecessary to protect its financial interests and the interests of the Office Component relating to the proposed activities of the provider; (iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by the Landlord to be necessary to protect the interests of the BuildingOffice Component, the tenants in the Building Office Component and the Landlord; and, in the same or similar manner as the Landlord has the right to protect itself and the Office Component with respect to proposed alterations; (iv) the Landlord shall receive reasonably determines that there is sufficient space in the Office Component for the placement of all of the provider’s equipment and materials; (v) the provider agrees to abide by the Landlord requirements, if any, that the provider use existing Office Component conduits and pipes or use contractors approved by the Landlord; (vi) the Landlord receives from the provider such compensation as is reasonably determined by the Landlord to compensate it for space used in the Office Component for the storage and maintenance of the provider’s equipment, for the fair market value of a provider’s access to the BuildingOffice Component, and the costs which may reasonably be expected to be incurred by the Landlord; and; v(vii) the provider agrees to deliver to the Landlord shall incur no expense whatsoever with respect to any aspect detailed “as built” plans immediately after the installation of the provider’s provision equipment is complete; and (viii) all of its services, including without limitationthe foregoing matters are documented in a written license agreement between the Landlord and the provider, the costs form and content of installationwhich is satisfactory to the Landlord, materials and servicesacting reasonably. In the event that telecommunications equipment, wiring and facilities or satellite and antennae equipment of any type installed by or at the request of the Tenant within the Premises, any other tenant on the roof, roof or elsewhere within or in the Building Office Component causes interference to equipment used by another partythe Tenant, the Tenant shall assume all liability related to such interference. The Tenant shall use reasonable efforts, and shall co-operate with the Landlord and other parties, to promptly eliminate such interference. In the event that the Landlord, the Tenant is and the other parties are unable to do so, the Tenant Landlord will use its reasonable efforts to cause such other tenants to substitute alternative equipment that remedies the situation. If such interference persists, the Tenant shall discontinue the use of such equipment, and, at the Landlord’s discretion, remove such equipment according to foregoing specifications.

Appears in 1 contract

Samples: Office Lease (Lululemon Corp.)

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