Tenant’s Antenna. a. The term “Antenna” shall refer to a dish type antenna not exceeding 36” in diameter or 60” in height, along with all elements of or relating to such antenna including, without limitation, the antenna itself and all antenna related mounting hardware, conduit and cabling. b. Provided Tenant is the sole occupant of the Building, this Lease has not been assigned (except in the case of a Permitted Transfer) and Tenant is not in default and has not at any time been in default (beyond any applicable notice and cure period) under this Lease and there then exists no condition which with the giving of notice or the passage of time would constitute a default under this Lease, Tenant may during the Term install, use and maintain one Antenna on the Building in accordance with and subject to all applicable terms and conditions of this Lease; provided however that Tenant’s use of any Antenna shall be limited to use directly in conjunction with Tenant’s use of the Premises for the permitted Use of the Premises. Tenant shall not permit the use of any Antenna by others or share or sublet use of any Antenna or any portion of the capacity of the Antenna by others. c. Prior to the expiration or earlier termination of this Lease, or if any Antenna shall be unused for a period of more than 150 consecutive days, each such Antenna shall be removed in its entirety. The installation, use, maintenance and removal of any Antenna and any related repairs to the Building shall be collectively referred to as “Antenna Work”. Antenna Work shall be done at the sole expense of Tenant, in accordance with all applicable provisions of this Lease, including, without limitation, Article 8.0 entitled “MAINTENANCE OF AND IMPROVEMENTS TO PREMISES” and Section 9.5, “Indemnification.”; provided, however, notwithstanding that pursuant to Section 8.2, “Alterations and Improvements by Tenant.”, Landlord’s prior approval is not required with respect to certain non-structural alterations, Landlord’s prior approval shall be required with respect to the installation and removal of any Antenna or any other item to be installed, changed or removed by Tenant, on Tenant’s behalf or at Tenant’s direction on the roof of the Building or otherwise outside of the Building (whether or not such item is an Antenna or relates to an Antenna) and regardless of the cost or non-structural nature of such item. d. Notwithstanding anything to the contrary contained in this Lease, the exact location, means and methods of installation and other details of any Antenna (including, without limitation, any Antenna itself and all related cable and conduits) shall be subject to the Landlord’s prior approval which may be granted, withheld or conditioned at Landlord’s sole but reasonable discretion and coordinated with Landlord prior to actual installation. The location of any Antenna and the exact location and other details of any Antenna installation shall not be modified in any way nor shall any item be added to or eliminated from any Antenna without the express consent of Landlord in writing in advance in each instance. e. Each Antenna shall be maintained in good condition in all respects at all times. Tenant shall be liable for any damage to the Building or other portions of the Property caused by or related to the installation, use, maintenance or removal of any Antenna or any portion of any Antenna. Promptly upon the occurrence of any such damage, Tenant shall notify Landlord and shall reimburse Landlord upon demand for the cost to repair such damage. f. Without limiting the generality of any similar provision of this Lease, Tenant shall procure and maintain, at Tenant’s sole expense, all approvals, certificates, permits, licenses and any other consents required by any governmental authority having jurisdiction (collectively referred to as “Permits”) for the proper and lawful conduct of Tenant’s business, including, without limitation, the installation, use, maintenance and removal of any Antenna. Tenant, at Tenant’s expense, shall at all times comply with the terms and conditions of the Permits and shall upon request from time to time deliver to Landlord legible copies of such Permits. g. Any Antenna shall be at Tenant’s sole risk and expense. h. In the event any Antenna is not used for more than 150 consecutive days and Tenant fails to remove such Antenna, such Antenna shall be deemed to have been abandoned and, in the event of such abandonment, with respect to the Antenna, Landlord shall have, concurrent with the expiration of such 150 consecutive days or the Term Expiration Date or earlier termination of this Lease (whichever is first to occur), among other rights, all rights under this Lease with respect to abandoned personal property in the Premises. i. In the event the taxing authorities shall assess a tax of whatever nature on the Antenna, this Lease provision or the income (if any) derived from this Lease provision, the taxes thus assessed shall be paid by Tenant (a) when due if payable by Tenant directly to such taxing authorities or (b) if payable to such taxing authorities by Landlord such taxes shall be deemed to be included (along with all other items included pursuant to this Lease) in the definition of “Real Estate Taxes” in Section 6.3 of this Lease, “Taxes.”.
Appears in 1 contract
Samples: Building Lease (D8 Holdings Corp.)
Tenant’s Antenna. a. The term “Antenna” shall refer to a dish type antenna not exceeding 36” in diameter or 60” in height, along with all elements of or relating to such antenna including, without limitation, the antenna itself and all antenna related mounting hardware, conduit and cabling.
b. Provided Tenant is the sole occupant of the Building, this the Lease has not been assigned (except in the case of a Permitted Transfer) and Tenant is not in default and has not at any time been in default (beyond any applicable notice and cure period) under this Lease and there then exists no condition which with the giving of notice or the passage of time would constitute a default under this Lease, Tenant may during the Term install, use and maintain one Antenna on the Building in accordance with and subject to all applicable terms and conditions of this Lease; provided however that Tenant’s use of any Antenna shall be limited to use directly in conjunction with Tenant’s use of the Premises for the permitted Use of the Premises. Tenant shall not permit the use of any Antenna by others or share or sublet use of any Antenna or any portion of the capacity of the Antenna by others.
c. Prior to the expiration or earlier termination of this Lease, or if any Antenna shall be unused for a period of more than 150 consecutive days, each such Antenna shall be removed in its entirety. The installation, use, maintenance and removal of any Antenna and any related repairs to the Building shall be collectively referred to as “"Antenna Work”". Antenna Work shall be done at the sole expense of Tenant, in accordance with all applicable provisions of this Lease, including, without limitation, Article 8.0 entitled “MAINTENANCE OF AND IMPROVEMENTS TO PREMISES” and Section 9.5, “Indemnification.”; provided, however, notwithstanding that pursuant to Section 8.2, “Alterations and Improvements by Tenant.”, Landlord’s prior approval is not required with respect to certain non-structural alterations, Landlord’s prior approval shall be required with respect to the installation and removal of any Antenna or any other item to be installed, changed or removed by Tenant, on Tenant’s behalf or at Tenant’s direction on the roof of the Building or otherwise outside of the Building (whether or not such item is an Antenna or relates to an Antenna) and regardless of the cost or non-structural nature of such item.
d. Notwithstanding anything to the contrary contained in this the Lease, the exact location, means and methods of installation and other details of any Antenna (including, without limitation, any Antenna itself and all related cable and conduits) shall be subject to the Landlord’s prior approval which may be granted, withheld or conditioned at Landlord’s sole but reasonable discretion and coordinated with Landlord prior to actual installation. The location of any Antenna and the exact location and other details of any Antenna installation shall not be modified in any way nor shall any item be added to or eliminated from any Antenna without the express consent of Landlord in writing in advance in each instance.
e. Each Antenna shall be maintained in good condition in all respects at all times. Tenant shall be liable for any damage to the Building or other portions of the Property caused by or related to the installation, use, maintenance or removal of any Antenna or any portion of any Antenna. Promptly upon the occurrence of any such damage, Tenant shall notify Landlord and shall reimburse Landlord upon demand for the cost to repair such damage.
f. Without limiting the generality of any similar provision of this Lease, Tenant shall procure and maintain, at Tenant’s 's sole expense, all approvals, certificates, permits, licenses and any other consents required by any governmental authority having jurisdiction (collectively referred to as “"Permits”") for the proper and lawful conduct of Tenant’s 's business, including, without limitation, the installation, use, maintenance and removal of any Antenna. Tenant, at Tenant’s 's expense, shall at all times comply with the terms and conditions of the Permits and shall upon request from time to time deliver to Landlord legible copies of such Permits.
g. Any Antenna shall be at Tenant’s sole risk and expense.
h. In the event any Antenna is not used for more than 150 consecutive days and Tenant fails to remove such Antenna, such Antenna shall be deemed to have been abandoned and, in the event of such abandonment, with respect to the Antenna, Landlord shall have, concurrent with the expiration of such 150 consecutive days or the Term Expiration Date or earlier termination of this the Lease (whichever is first to occur), among other rights, all rights under this the Lease with respect to abandoned personal property in the Premises.
i. In the event the taxing authorities shall assess a tax of whatever nature on the Antenna, this Lease provision or the income (if any) derived from this Lease provision, the taxes thus assessed shall be paid by Tenant (a) when due if payable by Tenant directly to such taxing authorities or (b) if payable to such taxing authorities by Landlord such taxes shall be deemed to be included (along with all other items included pursuant to this the Lease) in the definition of “Real Estate Taxes” in Section 6.3 of this the Lease, “Taxes.”.
Appears in 1 contract
Tenant’s Antenna. a. The (a) Landlord agrees that, subject to all applicable Legal Requirements, and further subject to the terms, conditions and limitations as are hereinafter set forth, during the term “Antenna” of this lease, Tenant, at Tenant's sole cost and expense, shall refer have the right, as an incident to a dish type antenna not exceeding 36” the conduct of Tenant's business in diameter the Premises, to install in Tenant's Rooftop Area and thereafter maintain, repair, and operate (i) one or 60” in height, along with all elements of or relating to such antenna includingmore communications apparati (E.G., without limitation, antennae, microwave dishes or satellite communications apparati), including Tenant's existing microwave dish and satellite room and the antenna itself and all antenna related mounting hardware, conduit and cabling.piping connecting same (herein collectively called "TENANT'S EXISTING ANTENNA") located on the portions of the forty-second (42nd) floor rooftop of the Building approximately as indicated on EXHIBIT Y annexed hereto (herein called "TENANT'S EXISTING ROOFTOP AREA"; such communications apparati, together with related support structures, wires and cables, and including Tenant's Existing Antenna, being herein collectively called the "ANTENNA") and (ii) other Tenant's Mechanical Equipment serving the Premises (including, by way of example, equipment serving Tenant's supplemental air-conditioning systems (the Antenna and Tenant's Mechanical Equipment is herein collectively called "TENANT'S ROOFTOP EQUIPMENT"), provided and on condition that:
b. Provided (i) the size and dimensions of the Antenna (other than Tenant's Existing Antenna) shall not exceed six (6) feet in diameter and the size and dimensions of any reasonably required support structures shall be subject to Landlord's prior consent, such consent not to be unreasonably withheld or delayed (PROVIDED, HOWEVER, that Landlord hereby consents to the size and dimensions of Tenant's Existing Antenna and the support structures currently in place in connection therewith);
(ii) the installation and position of Tenant's Rooftop Equipment and reasonably required support structures shall comply with all applicable Legal Requirements;
(iii) the installation of any electrical or communications lines (herein called "WIRING") and related equipment in connection with the installation and operation of Tenant's Rooftop Equipment (other than Tenant's Existing Antenna), as well as the manner and location (I.E., routing) of all Wiring and related equipment in connection therewith shall (A) be at Tenant's sole cost and expense, (B) be subject to Landlord's prior consent, such consent to be given or granted as if the same were in respect of an Alteration; and (C) comply with all applicable Legal Requirements;
(iv) Tenant's Rooftop Equipment and the reasonably required support structures, Wiring and related equipment shall be maintained and kept in repair by Tenant, at Tenant's sole cost and expense;
(v) intentionally omitted;
(vi) Tenant is shall perform any installation of Tenant's Rooftop Equipment in a manner that will not void or compromise any of Landlord's rights under any warranty or guaranty applicable to the sole occupant roof of the Building;
(vii) the Tenant's Rooftop Equipment does not interfere with or impair the proper and economical functioning of the Building equipment, this Lease has not been assigned (except in including any of the case of a Permitted Transfer) and Tenant is not in default and has not at any time been in default (beyond any applicable notice and cure period) under this Lease and there then exists no condition which with the giving of notice or the passage of time would constitute a default under this Lease, Tenant may during the Term install, use and maintain one Antenna antennas already existing on the Building in accordance with and subject to all applicable terms and conditions of this Leaseroof; provided however that and
(viii) Tenant’s use of any Antenna 's Rooftop Equipment shall be limited to use directly installed in conjunction with Tenant’s use a manner that minimizes any adverse impact on the visual appearance of the Premises Building. -183-
(b) The parties agree that Tenant will have the exclusive right to utilize Tenant's Existing Rooftop Area for so long as the permitted Use of the Premises. Tenant shall not Antenna or any replacement thereof remains thereon and that Landlord may permit the use of any Antenna by others or share or sublet use of any Antenna or any other portion of the capacity roof to any other tenant or occupant of the Antenna by others.
c. Prior Building for any use including the installation of other antennae and support equipment, subject to the expiration or earlier termination rights of Tenant under this Lease, or if any Antenna Article 46. Tenant shall be unused for a period of more than 150 consecutive days, each such Antenna shall be removed in its entirety. The installation, use, maintenance and removal of any Antenna and any related repairs to the Building shall be collectively referred to as “Antenna Work”. Antenna Work shall be done at the sole expense of Tenant, in accordance cooperate reasonably with all applicable provisions of this Lease, including, without limitation, Article 8.0 entitled “MAINTENANCE OF AND IMPROVEMENTS TO PREMISES” and Section 9.5, “Indemnification.”; provided, however, notwithstanding that pursuant to Section 8.2, “Alterations and Improvements by Tenant.”, Landlord’s prior approval is not required with respect to certain non-structural alterations, Landlord’s prior approval shall be required with respect to the installation and removal of any Antenna or any other item to be installedtenant or person (herein called a "ROOF USER") having equipment, changed installations, lines or removed by Tenant, on Tenant’s behalf or at Tenant’s direction machinery on the roof of the Building (herein called "ROOFTOP INSTALLATIONS") so as not to cause (or otherwise outside to eliminate) any interference or adverse effect caused to such Rooftop Installations or the use, repair, maintenance or removal thereof by Tenant's Rooftop Equipment, and Landlord shall cooperate reasonably and shall use reasonable efforts to cause any Roof User to cooperate reasonably with Tenant so as not to cause (or to eliminate) any interference or adverse effect caused to Tenant's Rooftop Equipment or the use, repair, maintenance or removal thereof by Landlord's or such Roof User's Rooftop Installations.
(c) Landlord acknowledges that Tenant may desire to use rooftop space in addition to Tenant's Existing Rooftop Area. Landlord agrees that (i) with respect to space on the forty-second (42nd) floor rooftop of the Building, upon Tenant's written request, Landlord will reserve a portion or portions of such floor of the Building, not to exceed in the aggregate Tenant's pro rata share of the unused area thereof (calculated on the basis of the proportion that the rentable area of the Premises bears to the rentable area of the Building), for Tenant's exclusive use for purposes of the operation and maintenance of Tenant's satellite room and installation, operation and maintenance of Tenant's Rooftop Equipment and (ii) with respect to actual rooftop space, upon Tenant's written request, Landlord will, subject to availability (which shall be determined in Landlord's sole discretion), reserve such space for Tenant's exclusive use for purposes of the installation, operation and maintenance of Tenant's Rooftop Equipment, provided that with respect to all Tenant's Rooftop Equipment installed in such additional space, Tenant shall satisfy each and every requirement set forth in this Article 46. Such additional space used by Tenant pursuant to this Section 46.01(c), together with Tenant's Existing Rooftop Area, shall be referred to as "TENANT'S ROOFTOP AREA".
46.02. If Tenant shall use or reserve for its exclusive use any portion of the rooftop of the Building pursuant to Section 46.01(c) hereof, other than Tenant's Existing Rooftop Area, Tenant shall pay to Landlord as Additional Charges hereunder, in consideration for the use of such additional portion of the rooftop during the period commencing on the date upon which Landlord shall make such additional portion of the Tenant's Rooftop Area available to Tenant (whether or not such item is an Antenna or relates to an Antennaeach, herein called a "ROOFTOP COMMENCEMENT DATE") and regardless ending on the earlier of (a) the Expiration Date or (b) the later of (i) the date on which Tenant shall have removed Tenant's Rooftop Equipment from such additional portion of the cost or non-structural nature Tenant's Rooftop Area and (ii) the date on which Landlord receives notice that Tenant has elected to surrender such additional portion of the Tenant's Rooftop Area to Landlord (herein called the "ROOFTOP EXPIRATION DATE"), a monthly charge (herein called the "ROOFTOP FEE") equal to the then prevailing rate that would be charged to tenants of the Building for such itemadditional portion of the Tenant's Rooftop Area in Landlord's reasonable judgment. The Rooftop Fee with respect to each portion of the Tenant's Rooftop Area (other than Tenant's Existing Rooftop Area) will be payable to Landlord in monthly installments on the first day of each month during the period commencing on the Rooftop Commencement Date and ending on the Rooftop Expiration Date with respect to such portion of the Tenant's Rooftop Area.
d. Notwithstanding anything 46.03. For the purpose of installing, servicing or repairing Tenant's Rooftop Equipment, Tenant shall have reasonable access to the contrary contained in this Lease, rooftop of the exact location, means and methods Building upon prior reasonable request to Landlord. All access by Tenant to the roof of installation and other details of any Antenna (including, without limitation, any Antenna itself and all related cable and conduits) the Building shall be subject to the supervision and control of Landlord’s prior approval which , and Landlord's reasonable safeguards for the security and protection of the Building, the Building equipment, and installations and equipment of other tenants of the Building (or other persons) as may be grantedlocated on the roof of the Building. To the extent that Landlord provides an engineer or other Building representative to accompany Tenant's employees and/or contractors for the duration of Tenant's access to the rooftop, withheld Landlord shall provide such engineer or conditioned at Landlord’s sole but Building representative without additional charge to Tenant, provided that it does not require more than a reasonable discretion amount of time (failing which Landlord shall be entitled to assess a reasonable additional charge) and coordinated with Landlord prior to actual installation. The location of any Antenna and further provided that the exact location and other details of any Antenna installation foregoing shall not be modified deemed to prohibit Landlord from including the salary of such engineer or Building representative in any way nor shall any item be added Operating Expenses subject to or eliminated from any Antenna without and in accordance with the express consent provisions of Landlord in writing in advance in each instanceArticle 3 hereof.
e. Each Antenna shall be maintained in good condition in all respects at all times46.04. Tenant shall be liable agrees that Tenant will pay for any damage to the Building or other portions all electrical service required for Tenant's use of Tenant's Rooftop Equipment in accordance with Article 14 hereof off of the Property caused by or related to the installation, use, maintenance or removal of any Antenna or any portion of any Antenna. Promptly upon the occurrence of any such damage, Tenant shall notify Landlord and shall reimburse Landlord upon demand for the cost to repair such damageexisting Building feeds.
f. Without limiting the generality of any similar provision of this Lease, Tenant shall procure and maintain, at Tenant’s sole expense, all approvals, certificates, permits, licenses and any other consents required by any governmental authority having jurisdiction (collectively referred to as “Permits”) for the proper and lawful conduct of Tenant’s business, including, without limitation, the installation, use, maintenance and removal of any Antenna46.05. Tenant, at Tenant’s 's sole cost and expense, agrees to promptly and faithfully obey, observe and comply with all Legal Requirements in any manner affecting or relating to Tenant's use of said roof as to the installation, repair, maintenance and operation of Tenant's Rooftop Equipment. Tenant, at Tenant's sole cost and expense, shall at secure and thereafter maintain all times comply with permits and licenses required for the terms installation and conditions operation of Tenant's Rooftop Equipment, including any approval, license or permit required from the Federal Communications Commission. In no event shall the maximum level of microwave emissions from the Antenna exceed an amount equal to Tenant's proportionate share of the Permits and shall upon request from time to time deliver to Landlord legible copies of such Permitstotal microwave emissions allowable for the Building as determined by the governmental authorities having jurisdiction thereof.
g. Any Antenna 46.06. Tenant's Rooftop Equipment shall be at Tenant’s sole risk and expense.
h. In the event any Antenna is not used for more than 150 consecutive days and Tenant fails to remove such Antenna's personal property, such Antenna shall be deemed to have been abandoned and, in upon the event of such abandonmentExpiration Date, with respect to the Antenna, Landlord shall have, concurrent with the expiration of such 150 consecutive days or the Term Expiration Date or earlier termination of this Lease lease, any Tenant's Rooftop Equipment shall be removed by Tenant at Tenant's sole cost and expense. All Wiring and related electrical equipment installed by Tenant in connection with the installation and operation of Tenant's Rooftop Equipment shall be Tenant's personal property. Upon the -185- Expiration Date, or earlier termination of this lease, if Landlord so directs by written notice to Tenant, Tenant shall promptly remove the Wiring and electrical equipment as designated in such notice, at Tenant's sole cost and expense. Tenant, at Tenant's sole cost and expense, shall promptly repair any and all damage to the rooftop of the Building and to any other part of the Building caused by or resulting from the installation, maintenance and repair, operation or removal of Tenant's Rooftop Equipment and restore said affected areas to their condition as existed prior to the installation of Tenant's Rooftop Equipment, subject to normal wear and tear and damage by fire or other casualty not caused by Tenant.
46.07. Tenant will, and does hereby, indemnify and save harmless the Landlord Parties from and against (whichever is first but in no event will Tenant be liable for consequential damages) any and all claims, costs, expenses, fees or suits arising out of accidents, damage, injury or loss to occur)any and all persons and property arising in connection with the erection, among other rightsinstallation, all rights under this Lease maintenance and operation and repair of Tenant's Rooftop Equipment except to the extent caused by the negligence or willful misconduct of Landlord, its agents or employees. Tenant shall not use or permit the use of the Tenant's Rooftop Equipment or Tenant's Rooftop Area in any manner that might violate any applicable legal or insurance requirement. Tenant represents, warrants and covenants that the installation, operation, maintenance and repair of the Tenant's Rooftop Equipment shall not adversely affect the insurance coverage for the Unit and the Building, and in the event that any such installation, operation, maintenance or repair shall result in an increase in the premiums for such coverage, then Tenant shall from time to time pay the amount of such increase, as Additional Rent, to Landlord within thirty (30) days after Landlord's demand therefor. Subject to the provisions of Section 9.07 hereof with respect to abandoned personal property self-insurance, Tenant shall obtain and maintain such insurance coverage with respect to Tenant's Rooftop Equipment and Tenant's Rooftop Area for the benefit of Landlord and its managing agent in such amount and of such type as Landlord may reasonably require from time to time; provided that such insurance shall not be in amounts that are in excess of the Premisesamounts generally required by landlords of Comparable Buildings.
i. In 46.08. All plans and specifications of Tenant's work and installations to be done and made by Tenant pursuant to the event the taxing authorities shall assess a tax provisions of whatever nature on the Antenna, this Lease provision or the income (if any) derived from this Lease provision, the taxes thus assessed Article 46 shall be paid by Tenant (a) when due if payable by Tenant directly subject to the prior approval of Landlord, such taxing authorities or (b) if payable to such taxing authorities by Landlord such taxes shall be deemed approval not to be included (along with unreasonably withheld or delayed.
46.09. Tenant shall not be permitted to assign, transfer, sublet or sublicense all other items included or any portion of the rights granted to Tenant pursuant to this Lease) Article 46 unless Tenant assigns this lease to the party to whom such rights are assigned or transferred pursuant to Article 7 hereof or unless Tenant subleases all or substantially all of the Premises pursuant to Article 7, in which case such subtenant shall have the definition rights of “Real Estate Taxes” Tenant hereunder for so long as such sublease shall be in Section 6.3 of this Lease, “Taxesfull force and effect.”.
Appears in 1 contract
Samples: Lease (Citigroup Inc)
Tenant’s Antenna. a. The 45.01. Landlord agrees that, subject to all laws, ordinances, statutes, rules and regulations of all governmental authorities having jurisdiction thereof, and further subject to the conditions and limitations hereinafter stipulated, during the term “Antenna” shall refer of this Lease, Tenant, at Tenant's sole cost and expense, may install on a portion of the rooftop of the Building of approximately fifty (50) square feet, and thereafter maintain, repair, and operate one or more satellite antenna or other communications devices (hereinafter collectively referred to a dish type antenna not exceeding 36” in diameter or 60” in heightas the "ANTENNA"), along with all elements provided and on condition that: (i) the size and dimensions of or relating to such antenna including, without limitation, the antenna itself and all antenna related mounting hardware, conduit and cabling.
b. Provided Tenant is any reasonably required support structures as well as the sole occupant location of the portion of the rooftop for such installation shall be subject to Landlord's prior consent (which shall not be unreasonably withheld provided the size thereof shall not exceed fifty (50) feet); (ii) no such equipment shall extend higher than the parapet of the roof of the Building, this Lease has not been assigned ; (except in iii) the case installation and position of a Permitted Transfersuch antenna and reasonably required support structures shall comply with Legal Requirements; (iv) the installation of any electrical or communications lines (hereinafter referred to as "WIRING") and Tenant is not related equipment in default and has not at any time been in default (beyond any applicable notice and cure period) under this Lease and there then exists no condition which connection with the giving installation and operation of notice or the passage antenna, as well as the manner and location (i.e., routing) of time would constitute a default under this Leaseall Wiring and related equipment in connection therewith shall (A) be at Tenant's sole cost and expense, Tenant may during the Term install, use and maintain one Antenna on the Building in accordance with and (B) be subject to all applicable terms Landlord's prior consent, and conditions of this Lease(C) comply with Legal Requirements; provided however and (v) the antenna, reasonably required support structures, Wiring and related equipment shall be maintained and kept in repair by Tenant, at Tenant's sole cost and expense. The parties agree that Tenant’s use of any Antenna shall be limited to use directly in conjunction with Tenant’s 's use of the Premises for the permitted Use rooftop of the Premises. Tenant shall not Building is a nonexclusive use and Landlord may permit the use of any Antenna by others or share or sublet use of any Antenna or any other portion of the capacity roof to any other person, firm or corporation for any use including the installation of other antennas and support equipment. Tenant shall not be obligated to pay any additional fixed rental on account of Tenant's use of the Antenna roof of the Building pursuant to this Article 45. Tenant shall also have the right to use not more than its proportionate share of any designated shaftway utilized by othersthe Building for running lines to the roof to connect the antenna to the demised premises.
c. Prior 45.02. For the purpose of installing, servicing or repairing the antenna and related equipment, Tenant shall have access to the expiration or earlier termination rooftop of this Lease, or if any Antenna shall be unused for a period the Building upon prior reasonable request of more than 150 consecutive days, each such Antenna shall be removed in its entiretyLandlord. The installation, use, maintenance and removal All access by Tenant to the roof of any Antenna and any related repairs to the Building shall be collectively referred subject to the supervision and control of Landlord and to Landlord's reasonable safeguards for the security and protection of the Building, the Building equipment and installations and equipment of other tenants of the Building as “Antenna Work”may be located on the roof of the Building. Antenna Work Landlord shall have the right to assign a Building representative to be done at present during the sole expense duration of Tenant's access to the rooftop and Tenant shall pay the Landlord's customary charges therefor as additional rent.
45.03. Tenant, in accordance at Tenant's sole cost and expense, agrees to promptly and faithfully obey, observe and comply with all applicable laws, ordinances, regulations, requirements and rules of all duly constituted public authorities in any manner affecting or relating to Tenant's use of said roof as to the installation, repair, maintenance and operation of any support structures and antenna and related equipment erected or installed by Tenant pursuant to the provisions of this LeaseArticle 45. Tenant, at Tenant's sole cost and expense, shall secure and thereafter maintain all permits and licenses required for the installation and operation of the antenna and any support structures and related equipment erected or installed by Tenant pursuant to the provisions of this Article 45, including, without limitation, Article 8.0 entitled “MAINTENANCE OF AND IMPROVEMENTS TO PREMISES” any approval, license or permit required from the Federal Communications Commission. In no event shall the maximum level of microwave emissions from the antennas exceed an amount equal to Tenant's proportionate share of the total microwave emissions allowable for the Building as determined by the governmental authorities having jurisdiction thereof.
45.04. Tenant agrees that Tenant will pay for all electrical service required for Tenant's use of the antenna and Section 9.5, “Indemnification.”; provided, however, notwithstanding that related equipment erected or installed by Tenant pursuant to Section 8.2the provisions of this Article 45 in accordance with Article 4 of this Lease and Tenant further agrees that such electric service shall feed off the supply of electrical energy furnished to the demised premises as provided in Article 4 of this Lease.
45.05. The antenna, “Alterations support structures and Improvements related equipment installed by Tenant.”, Landlord’s prior approval is not required with respect pursuant to certain non-structural alterations, Landlord’s prior approval the provisions of this Article 45 shall be required Tenant's personal property, and, upon the expiration of the term of this Lease, or upon its earlier termination in any manner, shall be removed by Tenant at Tenant's sole cost and expense. All Wiring and related electrical equipment installed by Tenant in connection with respect the installation and operation of the antenna shall be Tenant's personal property. Upon the expiration of the Term of this Lease or upon its earlier termination in any manner, if Landlord so directs by written notice to Tenant, Tenant shall promptly remove the Wiring and electrical equipment as designated in such notice, at Tenant's sole cost and expense. Tenant, at Tenant's sole cost and expense, shall promptly repair any and all damage to the rooftop of the Building and to any other part of the Building caused by or resulting from the installation, maintenance and repair, operation or removal of the antenna, support structures, Wiring and related equipment erected or installed by Tenant pursuant to the provisions of this Article 45 and restore said affected areas to their condition as existed prior to the installation of the antenna and removal related equipment.
45.06. Tenant agrees that Landlord shall not be required to provide any services whatsoever to the rooftop of the Building.
45.07. Tenant covenants and agrees that all installations made by Tenant on the rooftop of the Building or in any other part of the Building pursuant to the provisions of this Article 45 shall be at the sole risk of Tenant, and neither Landlord nor Landlord's agent or employees shall be liable for any damage or injury thereto caused in any manner, unless the same shall proximately result from the gross negligence or willful misconduct of Landlord, its agents and employees.
45.08. Tenant will, and does hereby, indemnify and save harmless Landlord from and against: (i) any and all claims, counsel fees, demands, damages, expenses or losses by reason of any Antenna liens, orders, claims or charges resulting from any work done, or materials or supplies furnished, in connection with the fabrication, erection, installation, maintenance and operation of the antenna, support structures, Wiring and any related equipment installed by Tenant pursuant to the provisions of this Article 45; and (ii) any and all claims, costs, demands, expenses, fees or suits arising out of accidents, damage, injury or loss to any and all persons and property, or either, whomsoever or whatsoever resulting from or arising in connection with the erection, installation, maintenance and operation and repair of the antenna, support structures, Wiring and related equipment installed by Tenant pursuant to the provisions of this Article 45; except to the extent caused by the negligence or willful misconduct of Landlord, or its agents or employees. Tenant shall obtain and thereafter maintain during the Term of this Lease insurance coverage for the benefit of Landlord and its managing agent (presently HRO International Ltd.) in such amount and of such type as Landlord may reasonably require. If any installations referred to in this Article 45 should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, then Tenant shall reimburse Landlord for any loss or damage sustained or costs or expenses incurred by Landlord as a result thereof.
45.09. All plans and specifications of Tenant's Work and installations to be done and made by Tenant pursuant to the provisions of this Article 45 shall be subject to the prior approval of Landlord, such approval not to be unreasonably withheld or delayed, and shall be further subject to inspection and reasonable supervision by Landlord.
45.10. Tenant covenants and agrees that the antenna, support structures, Wiring and related electrical equipment to be installed by Tenant shall not interfere with or adversely affect any equipment, installations, lines or machinery of the Building or any other item tenant of the Building, including, without limitation, any other communications equipment in, on top of or otherwise outside the Building, or access thereto for maintenance, repair or removal.
45.11. Tenant acknowledges being advised by Landlord that Landlord has, and shall be, granting to third parties, various rights and licenses to utilize various portions of the Building and rooftop thereof for the installation of microwave dishes, satellite communications equipment, whip antennae and other communications equipment and related equipment (hereinafter all of the foregoing are collectively referred to as "OTHER COMMUNICATIONS EQUIPMENT") and that, inasmuch as Landlord's ability to facilitate the installation and operation of such Other Communications Equipment will be installedof paramount importance to Landlord, changed or removed by Landlord shall have the right, at any time and from time to time, during the Term of this Lease, upon thirty (30) days' prior written notice to Tenant, on to relocate the Tenant’s behalf or at Tenant’s direction 's antenna, support structures and related equipment to other areas of the Building and rooftop thereof equally suitable for transmission and reception of signals, as Landlord in its sole discretion may determine so as to accommodate such Other Communications Equipment on the roof of the Building and so as to eliminate, or otherwise outside not to create, problems of interference with respect to or between Other Communications Equipment now, or in the future, installed on the roof or other areas of the Building (whether or Building. Such relocation shall, to the extent practicable, be performed during hours other than Tenant's regular business hours so as to minimize any disruption of Tenant's normal business activities and except for such downtime such relocation shall not prevent Tenant from using its antenna for its original intended purpose. Tenant shall cooperate with Landlord to effectuate the relocation of Tenant's antenna, support structures and related equipment, as shall be required by Landlord. All costs involved in such item is an Antenna or relates to an Antenna) and regardless of the cost or non-structural nature of such itemrelocation shall be borne by Landlord.
d. Notwithstanding anything to the contrary contained in this Lease, the exact location, means and methods of installation and other details of any Antenna (including, without limitation, any Antenna itself and all related cable and conduits) shall be subject to the Landlord’s prior approval which may be granted, withheld or conditioned at Landlord’s sole but reasonable discretion and coordinated with Landlord prior to actual installation45.12. The location of any Antenna and the exact location and other details of any Antenna installation Tenant shall not be modified in any way nor shall any item be added permitted to assign or eliminated from any Antenna without the express consent of Landlord in writing in advance in each instance.
e. Each Antenna shall be maintained in good condition in transfer all respects at all times. Tenant shall be liable for any damage to the Building or other portions of the Property caused by or related to the installation, use, maintenance or removal of any Antenna or any portion of any Antenna. Promptly upon the occurrence of any such damage, rights granted to Tenant shall notify Landlord and shall reimburse Landlord upon demand for the cost to repair such damage.
f. Without limiting the generality of any similar provision of this Lease, Tenant shall procure and maintain, at Tenant’s sole expense, all approvals, certificates, permits, licenses and any other consents required by any governmental authority having jurisdiction (collectively referred to as “Permits”) for the proper and lawful conduct of Tenant’s business, including, without limitation, the installation, use, maintenance and removal of any Antenna. Tenant, at Tenant’s expense, shall at all times comply with the terms and conditions of the Permits and shall upon request from time to time deliver to Landlord legible copies of such Permits.
g. Any Antenna shall be at Tenant’s sole risk and expense.
h. In the event any Antenna is not used for more than 150 consecutive days and Tenant fails to remove such Antenna, such Antenna shall be deemed to have been abandoned and, in the event of such abandonment, with respect to the Antenna, Landlord shall have, concurrent with the expiration of such 150 consecutive days or the Term Expiration Date or earlier termination of this Lease (whichever is first to occur), among other rights, all rights under this Lease with respect to abandoned personal property in the Premises.
i. In the event the taxing authorities shall assess a tax of whatever nature on the Antenna, this Lease provision or the income (if any) derived from this Lease provision, the taxes thus assessed shall be paid by Tenant (a) when due if payable by Tenant directly to such taxing authorities or (b) if payable to such taxing authorities by Landlord such taxes shall be deemed to be included (along with all other items included pursuant to this Lease) in Article 45 unless Tenant assigns this Lease to the definition of “Real Estate Taxes” in Section 6.3 of this Lease, “Taxesparty to whom such rights are assigned or transferred.”.
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