Tenant’s Equipment. (A) Subject to the terms and provisions of this Section 8.26, Tenant shall be permitted to install (x) telecommunications equipment, television antennas, related receiving equipment, related cable connections and other related telecommunications equipment (collectively, the "Telecom Equipment") and (y) HVAC equipment and any and all related equipment to accommodate Tenant's excess HVAC requirements (collectively, the "HVAC Unit") in a location or locations on the rooftop of any of the Buildings in which Tenant directly leases Premises from Landlord in an area to be mutually agreed upon the parties, provided that (i) such installation and the operation thereof shall not cause any measurable interference with any existing communication equipment in the Complex, and (ii) such installation does not adversely affect the structural elements or the visual aesthetic of the Buildings as determined by Landlord in its sole discretion. In addition, Landlord shall have the option upon notice to Tenant to relocate the Telecom Equipment and/or the HVAC Unit to other areas on the rooftop of the Buildings at Landlord's sole cost and expense and so long as such relocation does not materially adversely affect Tenant's use of the Premises. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit on the Buildings and/or the Site (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering party. (B) Subject to the provisions of this Section 8.26, Tenant shall have the right to install a generator, related connections and a diesel fuel tank or similar fuel storage compartment (collectively, the "Generator") in an area on the Site to be mutually agreed upon by Landlord and Tenant (it being understood and agreed that the Generator may not be installed on the roof of any of the Buildings or on Land Recreation Area B, as that term is defined in Section 8.27 below). (C) Tenant's use of the Telecom Equipment, the HVAC Unit and the Generator (collectively, the "Tenant's Equipment") shall be upon all of the conditions of the Lease, except as modified below: (i) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing the Tenant's Equipment. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install or operate any portion of the Tenant's Equipment until Tenant shall have obtained Landlord's prior written approval, which approval will not be unreasonably withheld or delayed, of Tenant's plans and specifications therefor. Landlord shall inform Tenant at the time of its review of the plans and specifications for the Generator whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Lease. (ii) Landlord shall have no obligation to provide any services to the Tenant's Equipment, provided Tenant shall have the right to connect Tenant's Equipment to existing base building utility systems, subject to Landlord's right to reasonably approve such connections. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 8.26, arrange for all utility services required for the operation of the Tenant's Equipment. (iii) Tenant shall have no right to make any changes, alterations or other improvements to the Tenant's Equipment without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, that Tenant shall have the right to maintain and make repairs to the Tenant's Equipment. (iv) Tenant shall be responsible for the cost of repairing any damage to the Complex caused by the installation, use and removal of the Tenant's Equipment. (v) Except for assignees of this Lease or subtenants of all or a portion of the Premises, no other person, firm or entity (including, without limitation, other tenants, licensees or occupants of the Complex) shall have the right to connect to the Tenant's Equipment other than Tenant. (vi) To the maximum extent permitted by law, Tenant's use of the Tenant's Equipment shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Tenant's Equipment is damaged for any reason. (vii) Landlord shall have the right, upon no less than ninety (90) days notice to Tenant and at Landlord's sole cost and expense, to relocate portions of the Tenant's Equipment to another area within the Complex reasonably acceptable to Tenant. Landlord and Tenant shall cooperate with each other in good faith to schedule such relocation work on nights and weekends so as to minimize interference with Tenant's business operations. Any such relocation by Landlord shall not independently (i.e., in the absence of another cause) be deemed to constitute a failure of electric supply under Section 4.2(C) above. (viii) In addition to the indemnification provisions set forth in this Lease (which shall be applicable to the Tenant's Equipment), Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from the installation, use or removal of the Tenant's Equipment.
Appears in 4 contracts
Samples: Lease Agreement (Irobot Corp), Lease Agreement (Irobot Corp), Lease Agreement (Irobot Corp)
Tenant’s Equipment. (Aa) Subject to the terms and provisions of this Section 8.26, Tenant shall be permitted to install (x) telecommunications equipment, television antennas, related receiving equipment, related cable connections and other related telecommunications equipment (collectively, the "Telecom Equipment") and (y) HVAC equipment and any and all related equipment to accommodate Tenant's excess HVAC requirements (collectively, the "HVAC Unit") in a location or locations on the rooftop of any of the Buildings in which Tenant directly leases Premises from Landlord in an area to be mutually agreed upon the parties, provided that (i) such installation and the operation thereof shall not cause any measurable interference with any existing communication equipment in the Complex, and (ii) such installation does not adversely affect the structural elements or the visual aesthetic of the Buildings as determined by Landlord in its sole discretion. In addition, Landlord shall have the option upon notice to Tenant to relocate the Telecom Equipment and/or the HVAC Unit to other areas on the rooftop of the Buildings at Landlord's sole cost and expense and so long as such relocation does not materially adversely affect Tenant's use of the Premises. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit on the Buildings and/or the Site (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering party.
(B) Subject to the provisions of this Section 8.26, Tenant shall have the right to install a generator, related connections and a diesel fuel tank or similar fuel storage compartment (collectively, the "Generator") in an area on the Site to be mutually agreed upon by Landlord and Tenant (it being understood and agreed that the Generator may not be installed on the roof of any of the Buildings or on Land Recreation Area B, as that term is defined in Section 8.27 below).
(C) Tenant's use of the Telecom Equipment, the HVAC Unit and the Generator (collectively, the "Tenant's Equipment") shall be upon all of the conditions of the Lease, except as modified below:
(i) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing the Tenant's Equipment. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install or operate in the Demised Premises (i) any portion of the Tenant's Equipment until Tenant shall have obtained Landlord's prior written approvalelectrically operated equipment or other machinery, which approval will not be unreasonably withheld other than, typewriters, personal computers with low electrical consumption, adding machines, copying machines and such other electrically operated office machinery and equipment normally used in general office space; or delayed, of Tenant's plans and specifications therefor. Landlord shall inform Tenant at the time of its review of the plans and specifications for the Generator whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Lease.
(ii) Landlord shall have no obligation to provide any services to the Tenant's Equipment, provided Tenant shall have the right to connect Tenant's Equipment to existing base building utility systems, subject to Landlord's right to reasonably approve such connections. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 8.26, arrange for all utility services required for the operation of the Tenant's Equipment.
(iii) Tenant shall have no right to make any changes, alterations electrically operated equipment or other improvements to machinery using more than 120 volts, without first obtaining the Tenant's Equipment without Landlord's prior written consent, which consent shall not of Landlord. Such consent by Landlord may be unreasonably withheld or delayed; provided, however, that conditioned upon the payment by Tenant shall have the right to maintain of Additional Rent in compensation for such excess consumption of electricity and make repairs to the Tenant's Equipment.
(iv) Tenant shall be responsible for the cost of repairing any damage installation and maintenance of additional wiring and/or submeters as may be necessitated by said equipment or machinery. Landlord hereby consents to the Complex caused by installation of a computer room in the installation, use Demised Premises provided that the Tenant pays the costs set forth in the preceding sentences and removal complies with the requirements of the remainder of this Section 14. Tenant shall not install any other equipment of any kind or nature which may necessitate any changes, replacements, additions to, or use of, the water, heating, air conditioning, plumbing or electrical systems of the Property, without first obtaining the prior written consent of Landlord, which may be given or withheld in Landlord’s sole and absolute discretion. Permitted machinery and equipment belonging to Tenant which cause noise or vibrations that may be transmitted to any part of the Property to such a degree as to be objectionable to Landlord or to any tenant of the Property shall be installed and maintained by Tenant's Equipment, at Tenant’s expense, on vibration eliminators or other devices sufficient to eliminate such noise and vibrations.
(vb) Except for assignees Maintenance and repair of this Lease equipment such as kitchen fixtures, separate air conditioning equipment, or subtenants any other type of all special equipment or a portion lighting, whether installed by Tenant or by Landlord on behalf of the PremisesTenant, no other person, firm or entity (including, without limitation, other tenants, licensees or occupants of the Complex) shall have the right to connect to the Tenant's Equipment other than Tenant.
(vi) To the maximum extent permitted by law, Tenant's use of the Tenant's Equipment shall be at the sole risk responsibility of Tenant, and Landlord shall have no liability to Tenant obligation in the event that the Tenant's Equipment is damaged for any reasonconnection therewith.
(vii) Landlord shall have the right, upon no less than ninety (90) days notice to Tenant and at Landlord's sole cost and expense, to relocate portions of the Tenant's Equipment to another area within the Complex reasonably acceptable to Tenant. Landlord and Tenant shall cooperate with each other in good faith to schedule such relocation work on nights and weekends so as to minimize interference with Tenant's business operations. Any such relocation by Landlord shall not independently (i.e., in the absence of another cause) be deemed to constitute a failure of electric supply under Section 4.2(C) above.
(viii) In addition to the indemnification provisions set forth in this Lease (which shall be applicable to the Tenant's Equipment), Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from the installation, use or removal of the Tenant's Equipment.
Appears in 3 contracts
Samples: Lease Agreement (First Mariner Bancorp), Lease Agreement (First Mariner Bancorp), Lease Agreement (First Mariner Bancorp)
Tenant’s Equipment. (A) Subject Tenant will not install or operate in the Premises any electrically operated equipment or other machinery except that listed in Exhibit D attached hereto and by this reference made a part hereof, without first obtaining the prior written consent of Landlord, who may condition such consent upon payment by Tenant of Additional Rent as compensation for additional consumption of electricity and/or other utility services. Such Additional Rent shall be in addition to Tenant's obligations to pay its Base Rent.
(B) If any or all of Tenant's equipment and machinery in the Premises (except for the equipment and machinery listed in Exhibit D) requires electricity consumption in excess of the capacity of the electrical system in and serving the Premises, then subject to the terms approval of Prime Landlord, all additional transformers, distribution panels and provisions wiring that may be required to provide the amount of this Section 8.26, Tenant electricity required for Tenant's equipment shall be permitted to install (x) telecommunications equipment, television antennas, related receiving equipment, related cable connections installed by Landlord at the cost and other related telecommunications equipment (collectively, the "Telecom Equipment") and (y) HVAC expense of Tenant. If Tenant's equipment and machinery or any item thereof (including without limitation the equipment and all related equipment to accommodate Tenant's excess HVAC requirements (collectively, the "HVAC Unit"machinery listed in Exhibit D) in a location or locations on the rooftop of any of the Buildings in which Tenant directly leases Premises from Landlord in an area is to be mutually agreed upon consistently operated beyond the partiesnormal Building hours of 8:00 a.m. to 5:00 p.m., provided that Monday through Friday (i) as such installation and the operation thereof shall not cause any measurable interference with any existing communication equipment in the Complex, and (ii) such installation does not adversely affect the structural elements or the visual aesthetic of the Buildings as consumption is determined by Landlord in its sole reasonable discretion. In addition), Landlord shall have the option upon notice to Tenant to relocate the Telecom Equipment and/or the HVAC Unit to other areas on the rooftop of the Buildings at Landlord's sole cost and expense and so long as such relocation does not materially adversely affect Tenant's use of the Premises. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to may install and use Telecom Equipment and the HVAC Unit on the Buildings and/or the Site (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering party.
(B) Subject to the provisions of this Section 8.26, Tenant shall have the right to install a generator, related connections and a diesel fuel tank or similar fuel storage compartment (collectively, the "Generator") in an area on the Site to be mutually agreed upon by Landlord and Tenant (it being understood and agreed that the Generator may not be installed on the roof of any of the Buildings or on Land Recreation Area B, as that term is defined in Section 8.27 below).
(C) Tenant's use of the Telecom Equipment, the HVAC Unit and the Generator (collectively, the "Tenant's Equipment") shall be upon all of the conditions of the Lease, except as modified below:
option (i) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing the Tenant's Equipment. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install or operate any portion of the Tenant's Equipment until Tenant shall have obtained Landlord's prior written approval, which approval will not be unreasonably withheld or delayed, of Tenant's plans and specifications therefor. Landlord shall inform Tenant at the time of its review of the plans and specifications a separate electric meter for the Generator whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Lease.
(ii) Landlord shall have no obligation to provide any services to the Premises at Tenant's Equipment, provided Tenant shall have the right to connect Tenant's Equipment to existing base building utility systems, subject to Landlord's right to reasonably approve such connections. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 8.26, arrange for all utility services required for the operation of the Tenant's Equipment.
(iii) Tenant shall have no right to make any changes, alterations or other improvements to the Tenant's Equipment without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, that Tenant shall have the right to maintain and make repairs to the Tenant's Equipment.
(iv) Tenant shall be responsible for the cost of repairing any damage to the Complex caused by the installation, use and removal of the Tenant's Equipment.
(v) Except for assignees of this Lease or subtenants of all or a portion of the Premises, no other person, firm or entity (including, without limitation, other tenants, licensees or occupants of the Complex) shall have the right to connect to the Tenant's Equipment other than Tenant.
(vi) To the maximum extent permitted by law, Tenant's use of the Tenant's Equipment shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Tenant's Equipment is damaged for any reason.
(vii) Landlord shall have the right, upon no less than ninety (90) days notice to Tenant and at Landlord's sole cost and expense, to relocate portions of or (ii) a separate meter for the specific equipment that is causing Tenant's Equipment to another area within excessive consumption of electricity at Tenant's sole cost and expense. In the Complex reasonably acceptable to Tenant. event Landlord and installs a separate meter for the Premises, Tenant shall cooperate with each other in good faith then pay the cost of electricity it consumes as recorded by such meter directly to schedule such relocation work on nights and weekends so as to minimize interference with Tenant's business operationsthe electric company. Any such relocation In the event Landlord separately meters the specific equipment, Tenant shall be billed periodically by Landlord shall not independently (i.e., in the absence of another cause) be deemed to constitute a failure of electric supply under Section 4.2(C) abovebased upon such consumption.
(viiiC) In addition Tenant shall not install any equipment or machinery of any kind or nature whatsoever which will or may necessitate any changes, replacements or additions to, or in the use of, the water system, heating system, plumbing system, air-conditioning system, or electrical system of the Premises or the Building without first obtaining the prior written consent of Landlord and Prime Landlord. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the indemnification provisions set forth structure of the Building or to any space therein to such a degree as to be objectionable to Landlord or to any tenant in this Lease (which the Building shall be applicable to the installed and maintained by Tenant, at Tenant's Equipment)expense, on vibration eliminators or other devices sufficient to eliminate such noise and vibration.
(D) Landlord shall have the right to prescribe the weight and position of all heavy equipment, machinery and fixtures which Tenant intends to install or locate within the Premises. Tenant shall obtain Landlord's and Prime Landlord's prior review and approval before installing or locating heavy equipment and fixtures in the Premises, and if installation or location of such equipment or fixtures, in Landlord's opinion, requires structural modifications or reinforcement of any portion of the Premises or the Building, Tenant shall, agrees to the maximum extent permitted by law, indemnify, defend, and hold reimburse Landlord, its agentsas additional rent, contractors and employees harmless from for any and all claimscosts incurred by Landlord to make such required modifications or reinforcements, losses, demands, actions and such modifications or causes reinforcements shall be completed prior to Tenant installing or locating such equipment or fixtures in the Premises. Tenant shall reimburse Landlord within thirty (30) days of actions suffered by receipt of any person, firm, corporation, or other entity arising from the installation, use or removal of the Tenant's Equipmentstatement setting forth those costs.
Appears in 2 contracts
Samples: Sublease Agreement (American Technology Corp /De/), Sublease Agreement (Norris Communications Corp)
Tenant’s Equipment. (Aa) Subject to the terms and provisions of this Section 8.26, Tenant shall be permitted to install (x) telecommunications equipment, television antennas, related receiving equipment, related cable connections and other related telecommunications equipment (collectively, the "Telecom Equipment") and (y) HVAC equipment and any and all related equipment to accommodate Tenant's excess HVAC requirements (collectively, the "HVAC Unit") in a location or locations on the rooftop of any of the Buildings in which Tenant directly leases Premises from Landlord in an area to be mutually agreed upon the parties, provided that compliance with (i) such installation and the operation thereof shall not cause any measurable interference with any existing communication equipment in the Complex, and applicable governmental regulations; (ii) such installation does covenants, conditions and restrictions recorded against the Land; and (iii) Landlord’s written consent (which will not adversely affect the structural elements be unreasonably withheld, conditioned or the visual aesthetic of the Buildings as determined by Landlord in its sole discretion. In addition, Landlord shall have the option upon notice to Tenant to relocate the Telecom Equipment and/or the HVAC Unit to other areas on the rooftop of the Buildings at Landlord's sole cost and expense and so long as such relocation does not materially adversely affect Tenant's use of the Premises. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit on the Buildings and/or the Site (other than to an assignee or subtenant permitted or consented to under this Leasedelayed). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering party.
(B) Subject to the provisions of this Section 8.26, Tenant shall have the right (A) to install a generatoron the Land and/or upon the roof of the Building, related connections telecommunications equipment, generators, uninterrupted power supply and a diesel fuel tank or similar fuel storage compartment HVAC equipment (collectively, “Tenant’s Equipment”) and (B) to connect Tenant’s Equipment to the "Generator") in an area on the Site to be mutually agreed upon by Landlord and Tenant (it being understood and agreed that the Generator may not be installed on the roof of any interior of the Buildings or on Land Recreation Area B, as that term is defined in Section 8.27 below).
(C) Tenant's use of Building through the Telecom Equipment, the HVAC Unit Building systems and the Generator (collectively, the "Tenant's Equipment") shafts. There shall be upon all of no rent or other payments due from Tenant for the conditions of the Lease, except as modified below:
(i) It is understood and agreed that Land or roof space occupied by Tenant for Tenant’s Equipment. Any such equipment installed by Tenant shall be responsible, at its sole cost remain Tenant’s Property and expense, for installing the Tenant's Equipment. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install or operate any portion of the Tenant's Equipment until Tenant shall have obtained Landlord's prior written approval, which approval will not be unreasonably withheld or delayed, of Tenant's plans and specifications therefor. Landlord shall inform Tenant at the time of its review of the plans and specifications for the Generator whether Landlord will require the same to be removed by Tenant upon at the expiration or earlier termination of this Lease.
the Term, and Tenant, upon such removal, shall repair (iiand patch) Landlord shall have no obligation to provide Landlord’s reasonable satisfaction any services damage to the roof of the Building caused by the installation or removal of said equipment. In exercising its rights under this Article 29, Tenant's Equipment, provided Tenant shall have the right to connect Tenant's Equipment to existing base building utility systems, subject to Landlord's right to reasonably approve such connections. Tenant shall, at its sole cost and expense, shall comply with all Legal Requirements applicable to the exercise of such rights. Landlord shall cooperate, at no expense and otherwise to Landlord, with Tenant’s efforts to obtain any permit required or desirable in accordance connection with the provisions installation of this Section 8.26, arrange for all utility services required for the operation of the any Tenant's ’s Equipment.
(iiib) Promptly after any Tenant’s Equipment is installed on the roof of the Building, Tenant shall have no right to make remove any changes, alterations debris and other loose materials which Tenant or other improvements to its representatives may place on the Tenant's Equipment without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, that Tenant shall have roof of the right to maintain and make repairs to the Tenant's Equipment.
(iv) Building. Tenant shall be responsible for the cost maintenance and repair of repairing the Tenant’s Equipment. Tenant must install and maintain waterproofing materials around any damage to penetrations on the Complex caused by roof of the Building that are made during the installation, use maintenance, repair, replacement and removal of the Tenant's ’s Equipment.
(v) Except for assignees of this Lease or subtenants of all or a portion of the Premises, no other person, firm or entity (including, without limitation, other tenants, licensees or occupants of the Complex) shall have the right to connect to the Tenant's Equipment other than Tenant.
(vi) To the maximum extent permitted by law, Tenant's use of the Tenant's Equipment shall be at the sole risk of Tenant, and must provide to Landlord shall have no liability waterproofing certifications with respect to Tenant all such penetrations from Landlord’s roofing contractor to evidence to Landlord that such penetrations do not limit or invalidate the roof warranty in the event that the Tenant's Equipment is damaged for any reasoneffect from time to time.
(vii) Landlord shall have the right, upon no less than ninety (90) days notice to Tenant and at Landlord's sole cost and expense, to relocate portions of the Tenant's Equipment to another area within the Complex reasonably acceptable to Tenant. Landlord and Tenant shall cooperate with each other in good faith to schedule such relocation work on nights and weekends so as to minimize interference with Tenant's business operations. Any such relocation by Landlord shall not independently (i.e., in the absence of another cause) be deemed to constitute a failure of electric supply under Section 4.2(C) above.
(viii) In addition to the indemnification provisions set forth in this Lease (which shall be applicable to the Tenant's Equipment), Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from the installation, use or removal of the Tenant's Equipment.
Appears in 2 contracts
Samples: Lease (Fender Musical Instruments Corp), Lease (Fender Musical Instruments Corp)
Tenant’s Equipment. (A) Subject to the terms and provisions of this Section 8.26, Tenant shall be permitted permitted, at its sole cost and expense, to install (x) telecommunications equipmentequipment for telecommunications, television antennas, related receiving equipment, related cable connections data transmission and other related telecommunications equipment similar technologies (collectively, the "Telecom “Telecommunications Equipment"”) and (y) equipment for the Premises’ additional or supplementary HVAC system, fans, and other equipment reasonably necessary for Tenant’s use and any occupancy of the Premises (the “HVAC Equipment” and all related equipment to accommodate Tenant's excess HVAC requirements (collectivelycollectively with the Telecommunications Equipment, the "HVAC Unit"“Tenant’s Equipment”) in a location or locations on the Site. The Telecommunications Equipment may be located on the rooftop of any of the Buildings Building in which Tenant directly leases Premises from Landlord in an area a location to be mutually agreed upon the parties, provided that (i) such installation and the operation thereof shall not cause any measurable interference with any existing communication equipment in the Complex, and (ii) such installation does not adversely affect the structural elements or the visual aesthetic of the Buildings as determined by Landlord and Tenant in its sole good faith and in their reasonable discretion. In addition, Landlord shall have the option upon notice to Tenant to relocate the Telecom Equipment and/or will determine whether or not the HVAC Unit to other areas Equipment may also be located on the rooftop of the Buildings Building at such time as Landlord reviews the specifications therefor as contemplated by this Section 8.26. The exact specifications of the Tenant’s Equipment, and the method of installing the Tenant’s Equipment, shall be subject to Landlord's sole cost ’s prior written approval, which shall not be unreasonably withheld or delayed. Tenant and expense Tenant’s contractors shall have reasonable access to the roof in order to inspect, service, repair, maintain and so long as such relocation does not materially adversely affect replace any Tenant's ’s Equipment located thereon, subject to Landlord’s reasonable rules and regulations of which Tenant has been given prior notice relative to the access to and use of the Premisesrooftop. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Landlord’s roof contractor for the installation of flashing for any rooftop penetrations necessary for the placement of the Tenant’s Equipment and the HVAC Unit on the Buildings and/or the Site (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Buildings Building. Tenant’s use of the Tenant’s Equipment shall be upon all of the conditions of the Lease, except as modified below:
(a) It is understood and elsewhere agreed that Tenant shall be responsible, at its sole cost and expense, for installing all necessary connections (the “Connections”) between the Tenant’s Equipment and the Premises. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install or operate the Connections in any portion of the Building until (x) Tenant shall have obtained Landlord’s prior written approval, which approval will not be unreasonably withheld or delayed, of Tenant’s plans and specifications for the placement and installation of the Connections, and (y) Tenant shall have obtained and delivered to Landlord copies of all required governmental and quasi-governmental permits, approvals, licenses and authorizations necessary for the lawful installation, operation and maintenance of the Connections. Landlord shall inform Tenant at the time of its review of the Connections whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Lease.
(b) Tenant shall have no obligation to pay Annual Fixed Rent, Tax Excess or Operating Expense Excess in respect of the Tenant’s Equipment or the Connections provided that the same are used solely to provide service to Tenant’s business operations in the Premises (as opposed to being utilized by the telecommunications carrier to provide service to other tenants of the Building and/or the CityPoint Project).
(c) Except as otherwise set forth in this Lease, Landlord shall have no liability to Tenant for the installation and subsequent operation of the Tenant’s Equipment. To the extent Landlord grants other third parties the right to install equipment on the Site provided that roof of the Building, any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof date of this Lease shall contain language prohibiting interference with Tenant's Telecom ’s Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering party.
(B) Subject to the provisions of this Section 8.26, Tenant shall have the right to install a generator, related connections and a diesel fuel tank or similar fuel storage compartment (collectively, the "Generator") in an area on the Site to be mutually agreed upon by Landlord and Tenant (it being understood and agreed that the Generator may not be installed on the roof of any of the Buildings or on Land Recreation Area B, as that term is defined in Section 8.27 below).
(C) Tenant's use of the Telecom Equipment, the HVAC Unit and the Generator (collectively, the "Tenant's Equipment") shall be upon all of the conditions of the Lease, except as modified below:
(i) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing the Tenant's Equipment. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install or operate any portion of the Tenant's Equipment until Tenant shall have obtained Landlord's prior written approval, which approval will not be unreasonably withheld or delayed, of Tenant's plans and specifications therefor. Landlord shall inform Tenant at the time of its review of the plans and specifications for the Generator whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Lease.
(iid) Landlord shall have no obligation to provide any services to the Tenant's ’s Equipment, provided provided, however, Tenant shall have the right to access telephone/data closets and shafts and conduits in the Building, plenum areas and other pathways in the Building, in order to connect the Tenant’s Equipment to the Premises, and Tenant shall have the right to connect Tenant's ’s Equipment to existing base building utility systems, subject to Landlord's ’s right to reasonably approve such connectionsconnections and to Landlord’s reasonable rules and regulations of which Tenant has been given prior notice relative to the access to and the use of such areas within the Building. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 8.26, arrange for all utility services required for the operation of the Tenant's ’s Equipment.
(iiie) Tenant shall, at its sole cost and expense, be solely responsible for all maintenance and repair to the Tenant’s Equipment and the Connections.
(f) Tenant shall have no right to make any changes, alterations alterations, signs, or other improvements to the Tenant's ’s Equipment or the Connections without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, that Tenant shall have the right to maintain and make repairs to the Tenant's Equipment.
(ivg) Tenant shall be responsible for the cost of repairing any damage to the Complex Building or the Property caused by the installation, its use and removal of the Tenant's Equipment’s Equipment and the Connections or any work related thereto.
(vh) Except for assignees of this Lease or subtenants of all or a portion of the Premises, no other person, firm or entity (including, without limitation, other tenants, licensees or occupants of the ComplexBuilding) shall have the right to connect to the Tenant's ’s Equipment other than Tenant.
(vii) To the maximum extent permitted by law, Tenant's ’s use of the Tenant's ’s Equipment and the Connections shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Tenant's ’s Equipment is and the Connections are damaged for any reason, except to the extent arising from the negligence or willful misconduct of Landlord or its agents, employees or contractors.
(viij) Tenant shall comply with all applicable laws, ordinances and regulations in Tenant’s use of the Tenant’s Equipment and the Connections.
(k) The Tenant’s Equipment and the Connections shall not interfere with the maintenance, use, occupancy or operation of the Building by Landlord or any other tenant, occupant or licensee of the Building, including, without limitation, interference with any communications equipment, telephones, radios, CATV, MATV, televisions, HVAC systems, elevators or computers currently in place or hereafter installed in connection with the Building. In the event any such interference is not cured by Tenant within thirty (30) days after written notice thereof from Landlord to Tenant, Landlord shall have the right to require Tenant to relocate or remove the Tenant’s Equipment causing such disturbance.
(l) Landlord shall have the right, upon no less than ninety (90) days days’ notice to Tenant and at Landlord's ’s sole cost and expense, to relocate portions the Tenant’s and the Connections to another location on the roof of the Tenant's Equipment to another area within the Complex Building reasonably acceptable to Tenant provided that such relocation does not adversely affect Tenant’s use of Tenant’s Equipment and Landlord makes temporary arrangements for Tenant’s Equipment to continue to operate during such relocation. Landlord and Tenant shall cooperate with each other in good faith to schedule such relocation work on nights and weekends so as to minimize interference with Tenant's ’s business operations. Any such relocation by Landlord shall not independently (i.e., in the absence of another cause) be deemed to constitute a failure of electric supply service interruption under Section 4.2(C) 4.2 above.
(viiim) In addition to the indemnification provisions set forth in this Lease (which shall be applicable to the Tenant's Equipment)’s Equipment and the Connections, Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from Tenant’s use of the installation, use Tenant’s Equipment and the Connections.
(n) Landlord shall have the right to designate or identify the Tenant’s Equipment and any related components or conduits with or by a lease or license number (or other marking) and to place such number (or marking) on or near such Tenant’s Equipment.
(o) It is expressly understood and agreed that the Tenant’s Equipment shall remain the property of Tenant and that Tenant shall be required to remove the same upon the expiration or earlier termination of this Lease and to repair any damage caused by the installation or removal of the Tenant's ’s Equipment. Landlord shall use commercially reasonable efforts to insure that the placement and operation of other telecommunications equipment on the rooftop of the Building does not interfere with the use and operation by Tenant of the Tenant’s Equipment and the Connections and shall impose and enforce upon other tenants or occupants of the Building installing telecommunications equipment on the roof requirements similar to those contained in subsection (k) above; provided, however, that Landlord shall not be liable to Tenant if any such interference actually occurs, so long as Landlord is using commercially reasonable efforts as aforesaid.
Appears in 1 contract
Samples: Lease Agreement (Phase Forward Inc)
Tenant’s Equipment. (Aa) Subject During the Beneficial Access Period (if any), Tenant shall be permitted to enter the Premises solely for purposes of installing Tenant’s furniture, fixtures, and equipment. Tenant’s access to the Premises during the Beneficial Access Period (if any) shall be on and subject to the terms and provisions of this Section 8.26Lease as if the Lease Commencement Date had occurred (including all insurance and indemnification requirements of Tenant), except that Tenant shall not be permitted obligated to install (x) telecommunications equipment, television antennas, related receiving equipment, related cable connections and other related telecommunications equipment (collectively, the "Telecom Equipment") and (y) HVAC equipment and any and all related equipment to accommodate pay Landlord Base Rent. All such work shall be performed at Tenant's excess HVAC requirements (collectively, the "HVAC Unit") in a location or locations on the rooftop of any of the Buildings in which Tenant directly leases Premises from Landlord in an area to be mutually agreed upon the parties, provided that (i) such installation and the operation thereof shall not cause any measurable interference with any existing communication equipment in the Complex, and (ii) such installation does not adversely affect the structural elements or the visual aesthetic of the Buildings as determined by Landlord in its sole discretion. In addition, Landlord shall have the option upon notice to Tenant to relocate the Telecom Equipment and/or the HVAC Unit to other areas on the rooftop of the Buildings at Landlord's ’s sole cost and expense and so long as such relocation does not materially adversely affect Tenant's use of the Premisesexpense. Tenant shall have no right cooperate with Landlord in all respects in order to license, sublease, assign or otherwise transfer its rights to install coordinate Txxxxx’s and use Telecom Equipment and Lxxxxxxx’s activities in the HVAC Unit on the Buildings and/or the Site (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord hereby reserves the right (at its sole discretion) to install Premises and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop minimize any interference by Tenant with Landlord’s completion of any remaining portions of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of timeTenant Improvements. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord maintain the Premises in a clean and Landlord shall use reasonable efforts to cause orderly condition during the same to be remedied, however, Beneficial Access Period (if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering partyany).
(Bb) Subject to Tenant will not install or operate in the provisions Premises any electrically operated equipment or other machinery, other than standard desk top office equipment ordinarily found in first-class office buildings in the submarket in which the Project is located (the “Project Submarket”) without first obtaining the prior written consent of this Section 8.26, Tenant Landlord. Landlord shall have the right to install a generator, related connections charge Tenant for the cost of its electricity consumption beyond Business Hours or in excess of five (5) wxxxx per square foot of Rentable Area of the Premises (exclusive of Building Standard HVAC and a diesel fuel tank or similar fuel storage compartment (collectively, lights) and for the "Generator") in an area on the Site to be mutually agreed upon by Landlord and Tenant (it being understood and agreed that the Generator may not be installed on the roof cost of any of the Buildings or on Land Recreation Area B, as that term is defined in Section 8.27 below).
(C) Tenant's use of the Telecom Equipment, the HVAC Unit and the Generator (collectively, the "Tenant's Equipment") shall be upon all of the conditions of the Lease, except as modified below:
(i) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing the Tenant's Equipment. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install or operate any portion of the Tenant's Equipment until Tenant shall have obtained Landlord's prior written approval, which approval will not be unreasonably withheld or delayed, of Tenant's plans and specifications therefor. Landlord shall inform Tenant at the time of its review of the plans and specifications for the Generator whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Lease.
(ii) Landlord shall have no obligation to provide any services to the Tenant's Equipment, provided Tenant shall have the right to connect Tenant's Equipment to existing base building utility systems, subject to Landlord's right to reasonably approve such connections. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 8.26, arrange for all utility services required for the operation of the Tenant's Equipment.
(iii) Tenant shall have no right to make any changes, alterations additional wiring or other improvements to the Tenant's Equipment Building as may be occasioned by or required as a result of any such excess use. Tenant shall not use or consume water other than for drinking, lavatory and toilet purposes, or in unusual quantities (of which fact Landlord shall reasonably judge), without Landlord's first obtaining the prior written consent, which consent of Landlord. Tenant shall not be unreasonably withheld install any other equipment of any kind or delayed; provided, however, that Tenant shall have the right to maintain and make repairs to the Tenant's Equipment.
(iv) Tenant shall be responsible for the cost of repairing any damage to the Complex caused by the installation, use and removal of the Tenant's Equipment.
(v) Except for assignees of this Lease or subtenants of all or a portion of the Premises, no other person, firm or entity nature whatsoever (including, without limitation, other tenantselectric space heaters and supplementary air-conditioning units) which will or may necessitate any changes, licensees replacements or occupants additions to, or in the use of, the water system, heating system, plumbing system, air-conditioning system, or electrical system of the ComplexPremises or the rest of the Building. Landlord may condition its consent to the installation or use of any equipment or machinery or to the consumption of excess utilities upon the payment by Tenant of Additional Rent in compensation for any excess consumption of utilities and for the cost of additional wiring, piping or other improvements to the Building as may be occasioned by the operation of said equipment or machinery or by said excess use of utilities. In the event of any excessive consumption of any utilities (including without limitation any consumption beyond Building Hours), Landlord shall be entitled to require that Tenant install in the Premises (at Tenant’s cost and in a location approved by Landlord) meters or submeters to measure Tenant’s utility consumption for the Premises or for any specific equipment causing excess consumption, as Landlord shall have require; in which case, Tenant shall maintain in good order and repair (and replace, if necessary) such meters or submeters. If separate meters are installed for measuring Tenant’s use of any utilities, then charges for such utilities shall be paid directly by Tenant to the appropriate utility company. If submeters are installed for measuring Tenant’s consumption of any utilities, Tenant shall pay the costs of the same to Landlord as Additional Rent, within fifteen (15) days of its receipt of a bill therefor based on such submeter readings. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building or to any space therein to such a degree as to be objectionable to Landlord or to any tenant in the Building shall be installed and maintained by Tenant, at Tenant’s expense, on vibration eliminators or other devices sufficient to eliminate such noise and vibration, which fact Landlord shall reasonably judge. Whenever heat generating machines or equipment are used in the Premises, Landlord reserves the right to connect require Tenant to install supplementary air conditioning units in the Premises and any cost associated therewith shall be paid by Tenant's Equipment other than Tenant.
(vi) To , including any cost of installation, operation and maintenance thereof. Without limiting the maximum extent permitted by law, Tenant's use generality of the Tenant's Equipment shall be foregoing, Txxxxx agrees to cooperate fully with Landlord at the sole risk of Tenant, all times and to abide by all regulations and requirements that Landlord shall have no liability to Tenant in the event that the Tenant's Equipment is damaged for any reason.
(vii) Landlord shall have the right, upon no less than ninety (90) days notice to Tenant and at Landlord's sole cost and expense, to relocate portions of the Tenant's Equipment to another area within the Complex reasonably acceptable to Tenant. Landlord and Tenant shall cooperate with each other may in good faith to schedule such relocation work on nights impose for the proper functioning and weekends so as to minimize interference with Tenant's business operations. Any such relocation by Landlord shall not independently protection of all mechanical, electrical and plumbing (i.e., in including air conditioning) equipment and systems serving the absence of another cause) be deemed to constitute a failure of electric supply under Section 4.2(C) abovePremises.
(viii) In addition to the indemnification provisions set forth in this Lease (which shall be applicable to the Tenant's Equipment), Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from the installation, use or removal of the Tenant's Equipment.
Appears in 1 contract
Samples: Lease (Wellgistics Health, Inc.)
Tenant’s Equipment. (A) Subject to the terms and provisions of this Section 8.262.2.1, Tenant shall be permitted to install (x) telecommunications equipment, television antennas, related receiving equipment, related cable connections and other related telecommunications equipment (collectively, the "Telecom Equipment") and (y) HVAC equipment and any and all related equipment to accommodate Tenant's ’s excess HVAC requirements (collectively, the "HVAC Unit"“Tenant’s Equipment”) in a location or locations on the rooftop of any of the Buildings in which Tenant directly leases Premises from Landlord in an area to be mutually agreed upon the partiesreasonably designated by Landlord, provided that (i) such installation and the operation thereof shall not cause any measurable interference with any existing communication or solar equipment in at the ComplexBuilding, and (ii) such installation does not adversely affect the structural elements elements, Legal Requirements or the visual aesthetic of the Buildings Building as determined by Landlord in its sole discretion. In addition, Landlord shall have the option upon notice to Tenant to relocate the Telecom Tenant’s Equipment and/or the HVAC Unit to other areas on the rooftop of the Buildings at Landlord's ’s sole cost and expense and so long as such relocation does not materially adversely affect Tenant's ’s use of the Premises. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom the Tenant’s Equipment and the HVAC Unit on the Buildings and/or the Site Building (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord hereby reserves the sole right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering partyBuilding.
(B) Subject to the provisions of this Section 8.26, Tenant shall have the right to install a generator, related connections and a diesel fuel tank or similar fuel storage compartment (collectively, the "Generator") in an area on the Site to be mutually agreed upon by Landlord and Tenant (it being understood and agreed that the Generator may not be installed on the roof of any of the Buildings or on Land Recreation Area B, as that term is defined in Section 8.27 below).
(C) Tenant's ’s use of the Telecom Equipment, the HVAC Unit and the Generator (collectively, the "Tenant's Equipment") ’s Equipment shall be upon all of the conditions of the Lease, except as modified below:
(i) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing the Tenant's Equipment’s Equipment and screening reasonably required by Landlord. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install or operate any portion of the Tenant's ’s Equipment until Tenant shall have obtained Landlord's ’s prior written approval, which approval will not be unreasonably withheld or delayed, of Tenant's plans and specifications therefor. Landlord shall inform Tenant at the time of its review of the plans and specifications for the Generator whether Landlord will not require the same Tenant’s Equipment to be removed by Tenant upon the expiration or earlier termination of this Lease; provided, however this shall not affect or in any way limit Tenant’s obligation to remove Required Removables in accordance with the terms of this Lease.
(ii) Landlord shall have no obligation to provide any services to the Tenant's ’s Equipment, provided Tenant shall have the right to connect Tenant's ’s Equipment to existing base building utility systems, subject to Landlord's ’s right to reasonably approve such connections. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 8.262.2.1, arrange for all utility services required for the operation of the Tenant's ’s Equipment.
(iii) Tenant shall separately meter or check meter (Tenant being responsible for the costs of any such meter or check meter and the installation and connectivity thereof) electric and water service to the Premises in connection with Tenant’s Work (defined in Exhibit B-1). Gas service has been separately metered to the Premises. Tenant shall directly pay to the utility all electric consumption on any separate meter as of the Commencement Date.
(iv) Tenant shall have no right to make any changes, alterations or other improvements to the Tenant's ’s Equipment without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, that Tenant shall have the right to maintain and make repairs to the Tenant's ’s Equipment.
(iv) Tenant shall be responsible for the cost of repairing any damage to the Complex caused by the installation, use and removal of the Tenant's Equipment.
(v) Except for assignees of this Lease or subtenants of all or a portion of the Premises, no other person, firm or entity (including, without limitation, other tenants, licensees or occupants of the Complex) shall have the right to connect to the Tenant's Equipment other than Tenant.
(vi) To the maximum extent permitted by law, Tenant's use of the Tenant's Equipment shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Tenant's Equipment is damaged for any reason.
(vii) Landlord shall have the right, upon no less than ninety (90) days notice to Tenant and at Landlord's sole cost and expense, to relocate portions of the Tenant's Equipment to another area within the Complex reasonably acceptable to Tenant. Landlord and Tenant shall cooperate with each other in good faith to schedule such relocation work on nights and weekends so as to minimize interference with Tenant's business operations. Any such relocation by Landlord shall not independently (i.e., in the absence of another cause) be deemed to constitute a failure of electric supply under Section 4.2(C) above.
(viii) In addition to the indemnification provisions set forth in this Lease (which shall be applicable to the Tenant's Equipment), Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from the installation, use or removal of the Tenant's Equipment.
Appears in 1 contract
Tenant’s Equipment. (A) Subject to the terms and provisions of this Section 8.26, Tenant shall be permitted to install (x) telecommunications equipment, television antennas, related receiving equipment, related cable connections and other related telecommunications equipment (collectively, the "Telecom Equipment") and (y) HVAC equipment and any and all related equipment to accommodate Tenant's excess HVAC requirements (collectively, the "HVAC Unit") in a location or locations on the rooftop of any of the Buildings in which Tenant directly leases Premises from Landlord in an area to be mutually agreed upon the parties, provided that (i) such installation and the operation thereof shall not cause any measurable interference with any existing communication equipment in the Complex, and (ii) such installation does not adversely affect the structural elements or the visual aesthetic of the Buildings as determined by Landlord in its sole discretion. In addition, Landlord shall have the option upon notice to Tenant to relocate the Telecom Equipment and/or the HVAC Unit to other areas on the rooftop of the Buildings at Landlord's sole cost and expense and so long as such relocation does not materially adversely affect Tenant's use of the Premises. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit on the Buildings and/or the Site (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering party.
(B) Subject to the provisions of this Section 8.26, Tenant shall have the right to install a generator, related connections and a diesel fuel tank or similar fuel storage compartment (collectively, the "Generator") in an area on the Site to be mutually agreed upon by Landlord and Tenant (it being understood and agreed that the Generator may not be installed on the roof of any of the Buildings or on Land Recreation Area B, as that term is defined in Section 8.27 below).
(C) Tenant's use of the Telecom Equipment, the HVAC Unit and the Generator (collectively, the "Tenant's Equipment") shall be upon all of the conditions of the Lease, except as modified below:
(i) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing the Tenant's Equipment. In addition to complying with the applicable construction provisions of this Lease, 18.1 Tenant shall not install any equipment of any kind or operate any portion of nature whatsoever in the Tenant's Equipment until Tenant shall have obtained Landlord's prior written approval, Premises which approval will not be unreasonably withheld or delayed, of Tenant's plans and specifications therefor. Landlord shall inform Tenant at the time of its review of the plans and specifications for the Generator whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Lease.
(ii) Landlord shall have no obligation to provide any services to the Tenant's Equipment, provided Tenant shall have the right to connect Tenant's Equipment to existing base building utility systems, subject to Landlord's right to reasonably approve such connections. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 8.26, arrange for all utility services required for the operation of the Tenant's Equipment.
(iii) Tenant shall have no right to make may necessitate any changes, alterations replacements or additions to, or in the Electrical Capacity or existing capacity of, the water system, heating system, plumbing system, air conditioning system, life safety system or any other improvements to system of the Tenant's Equipment Premises and/or the Building without Landlord's first obtaining the prior written consentconsent of Landlord, which consent shall not be unreasonably withheld but may be subject to, among other things Tenant’s compliance with the provisions of Section 8.9 and Articles 11 and 12 of this Lease. If Tenant installs business machines and/or mechanical equipment which cause noise or delayed; providedvibration reasonably deemed objectionable to other tenants of the Building or which are, howeverin Landlord’s reasonable judgment, that Tenant harmful to the Premises, then Tenant, at Tenant’s expense, shall promptly install and maintain noise or vibration eliminators or other devices sufficient to eliminate such noise and vibration. Landlord reserves the right to inspect the Premises as set forth in Section 13.1 to insure compliance with this Section.
18.2 Landlord shall have the right to maintain approve the weight and make repairs position of safes and other heavy equipment or fixtures, which shall, if reasonably considered necessary by the Landlord, stand on weight distribution platforms or like devices approved in advance by Landlord. Landlord’s approval under the preceding sentence shall not be unreasonably withheld or delayed provided any such safes and other heavy equipment or fixtures will not exceed the maximum floor load of the floor in question after such weight distribution platform or like device is installed. Any and all non-structural damage or injury to the Tenant's Equipment.
(iv) Tenant shall be responsible for the cost of repairing any damage to the Complex Premises caused by moving the installation, use and removal property of the Tenant's Equipment.
(v) Except for assignees of this Lease Tenant into or subtenants of all or a portion out of the Premises, no other personor due to the same being on the Premises, firm shall be repaired by, and at the sole cost of, Tenant. All structural damage or entity (including, without limitation, other tenants, licensees injury to the Premises caused by moving such property into or occupants out of the Complex) shall have the right to connect Premises, or due to the same being on the Premises, shall be repaired by Landlord, at Tenant's Equipment other than Tenant’s reasonable expense (subject to the provisions of Article 17 to the extent applicable), and Tenant shall pay for the same, as Additional Rent, within ten (10) days after its receipt of a bxxx therefor.
18.3 No furniture, equipment or other bulky matter of any description will be received into the Premises or carried in the passenger elevators except as approved by Landlord (visuch approval not to be unreasonably withheld) To and all such furniture, equipment, and other bulky matter shall be delivered only through the maximum extent permitted Loading Dock and to the Premises by lawway of the freight elevators during Business Hours, upon reasonable prior notification to the supervisor of the Loading Dock and subject to the availability of the Loading Dock and freight elevators. In the event Tenant requests overtime service in accordance with the provisions of this Lease, such overtime service shall be at Tenant's use ’s sole but reasonable cost and expense in accordance with the provisions of this Lease. All movement of furniture, equipment and other materials outside the Premises shall be at Tenant’s reasonable expense and under the direct control and supervision of Landlord who shall, however, not be responsible for any damage to or charges for moving the same. Tenant shall pay for Landlord’s reasonable costs of supervision, as Additional Rent, within ten (10) business days after its receipt of an invoice therefor. Tenant shall promptly remove from the sidewalks adjacent to the Building any of the Tenant's Equipment shall be at the sole risk of Tenant’s furniture, and Landlord shall have no liability to Tenant in the event that the Tenant's Equipment is damaged for any reason.
(vii) Landlord shall have the right, upon no less than ninety (90) days notice to Tenant and at Landlord's sole cost and expense, to relocate portions of the Tenant's Equipment to another area within the Complex reasonably acceptable to Tenant. Landlord and Tenant shall cooperate with each other in good faith to schedule such relocation work on nights and weekends so as to minimize interference with Tenant's business operations. Any such relocation by Landlord shall not independently (i.e., in the absence of another cause) be deemed to constitute a failure of electric supply under Section 4.2(C) above.
(viii) In addition to the indemnification provisions set forth in this Lease (which shall be applicable to the Tenant's Equipment), Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, equipment or other entity arising from the installation, use material there delivered or removal of the Tenant's Equipmentdeposited.
Appears in 1 contract
Tenant’s Equipment. (Aa) Subject Landlord shall, within sixty (60) days following the Amendment No. 2 Effective Date, furnish to Tenant at Landlord’s expense plans or drawings prepared by an independent professional engineer identifying (i) the terms and provisions location of this Section 8.26each electrical and/or other utility meter, Tenant shall be permitted to install (x) telecommunications equipmentsubmeter, television antennas, related receiving equipment, related cable connections and other related telecommunications equipment checkmeter or similar device (collectively, the "Telecom Equipment") and (y) HVAC equipment and any and all related equipment to accommodate Tenant's excess HVAC requirements (collectively, the "HVAC Unit"“meters”) in a location or locations on the rooftop of any of the Buildings in which Tenant directly leases Premises from Landlord in an area to be mutually agreed upon the parties, provided that (i) such installation and the operation thereof shall not cause any measurable interference with any existing communication equipment in the Complexbuilding, and (ii) which outlets are measured by each meter (or, in the case of items of machinery, equipment or other item (and/or area) which are not powered through outlets, then such installation does not adversely affect other identification as Tenant may reasonably require).
(b) Notwithstanding anything to the structural elements contrary contained in the Lease, all demands for additional rent or other additional charges from Tenant and in connection with any excess electricity, water, gas or other utility consumption of such excess (and, in the visual aesthetic case of electricity, in connection with any excess connected load) shall be based upon demonstrated and actual metered consumption as verified to Tenant in Tenant’s reasonable judgment. Excess usage shall be determined by the power at which a device or piece of equipment consumes such type of utility above that of a standard piece of office equipment. Any invoice to Tenant requesting any such payment shall also set forth the prior and current meter reading therefor and upon which such invoice is based.
(c) Anything to the contrary contained in the Lease notwithstanding, from and after the Amendment No. 2 Effective Date, if Landlord at any time in accordance with the Lease designates an area of the Buildings Premises as determined by Landlord in its sole discretion. In additiona “special installation”, Landlord shall have or any equipment as “special tenant equipment” such designation must be made at the option upon notice to Tenant to relocate the Telecom Equipment and/or the HVAC Unit to other areas on the rooftop of the Buildings at time that Landlord's sole cost and expense and so long as such relocation does not materially adversely affect Tenant's use of the Premises. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit on the Buildings and/or the Site (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent ’s consent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing construction or installation thereof is granted and shall provide Landlord with a termination right if Tenant shall, in such interference is not remedied after a reasonable period event, be responsible for reimbursing only the excess utility consumption for any such special installation or special tenant equipment. For purposes of time. If measurable interference shall occurdetermining such excess utility consumption, Tenant shall provide pay for the entire metered usage for such installation or equipment but shall be entitled to a monthly fixed credit for the “base” consumption, in an amount reasonably agreed to by Landlord and Tenant at the time Landlord’s consent therefor is granted (in the case of special tenant equipment, in accordance with Paragraph 9(b)(i) above). Any invoices presented to Tenant regarding any such reimbursement shall adequately differentiate between such excess and other use and shall separately reflect the credit described in the preceding sentence. Such credit shall then become part of the Excess Utility Consumption Credit (as defined in Paragraph 9(d) of this Amendment).
(1) Landlord acknowledges that Tenant has been overcharged in connection with Landlord’s excess utility consumption billing through May 31, 1995 and Tenant acknowledges that Landlord has undercharged Tenant (by a lesser amount) in connection with Tenant’s water usage, but the precise amounts therefor have not been finally determined as of the date hereof. Landlord and Tenant shall (within thirty (30) days after the date hereof) determine the precise amounts of such utility overcharges and undercharges and Landlord shall grant to Tenant a credit in the net amount of any overcharge to Tenant (the “Excess Utility Consumption Credit”). Tenant may apply all or any portion of the Excess Utility Consumption Credit as Tenant may determine by providing written notice thereof to Landlord and (including, but not limited to, for reimbursing Landlord shall use reasonable efforts to cause for the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, cost of improvements and/or alterations constructed or installed by Landlord shall exercise the termination right set forth in its agreement with such interfering party.
(B) Subject or to the provisions of this Section 8.26Premises and/or the building). Notwithstanding anything herein to the contrary, Tenant shall have the right to install a generator, related connections and a diesel fuel tank or similar fuel storage compartment (collectively, the "Generator") in an area on the Site to be mutually agreed upon by Landlord and Tenant (it being understood and agreed that the Generator may not be installed on the roof of any of the Buildings or on Land Recreation Area B, as that term is defined in Section 8.27 below).
(C) Tenant's use of the Telecom Equipment, the HVAC Unit and the Generator (collectively, the "Tenant's Equipment") shall be upon all of the conditions of the Lease, except as modified below:
(i) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing the Tenant's Equipment. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install or operate any portion of the Tenant's Equipment until Excess Utility Consumption Credit which is not expended or applied by Tenant shall have obtained Landlord's prior written approval, which approval will not be unreasonably withheld or delayed, of Tenant's plans and specifications therefor. Landlord shall inform Tenant at the time of its review to September 1st of the plans and specifications for Lease Year immediately succeeding the Generator whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Lease.
(ii) Landlord shall have no obligation to provide any services to the Tenant's Equipment, provided Tenant shall have the right to connect Tenant's Equipment to existing base building utility systems, subject to Landlord's right to reasonably approve Lease Year in which such connections. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 8.26, arrange for all utility services required for the operation portion of the Excess Utility Consumption Credit accrued may, after notice from Landlord to Tenant's Equipment.
(iii, be applied by Landlord toward the next monthly installment(s) Tenant shall have no right to make any changes, alterations or other improvements to of base rent coming due under the Tenant's Equipment without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayedLease; provided, however, that the portion of the Excess Utility Consumption Credit accruing on or before May 31, 1996 shall not be so applied unless the same is not expended or applied by Tenant shall have the right to maintain and make repairs to the Tenant's Equipmenton or before April 1, 1997.
(iv2) From and after June 1, 1995, Tenant shall continue to receive an Excess Utility Consumption Credit. The parties have not yet determined the amount of such credit; however, the parties shall attempt to agree to an amount which approximates the cost in 1995 that is attributable to the electricity that would be responsible consumed for standard office usage in the areas metered and paid directly by Tenant as special tenant installations and by standard office equipment at the outlets metered and paid directly by Tenant as special tenant equipment as of the date hereof (it being the intention that because Tenant pays for all electricity consumed in special tenant installations and by special tenant equipment, Tenant shall receive a credit for the base amount of electricity that would otherwise have been used by Tenant and provided by Landlord to Tenant at no additional charge above the additional rent described in Section 4.2(a) of the Initial Lease). Commencing on June 1, 1996 and continuing on each June 1st thereafter during the Lease Term, the Excess Utility Consumption Credit so determined for the period from June 1, 1995 to May 31, 1996 (the “1995 Amount”) shall be subject to increase by multiplying the 1995 Amount so determined, by the percentage of change in the cost of repairing any damage to the Complex caused by the installation, use and removal living index (as defined in Section 4.2(a) of the Tenant's Equipment.
(v) Except Initial Lease); provided, however, that the base index shall be the index figure published for assignees May 1995. Appropriate adjustments will be made in the amount of this Lease Excess Utility Consumption Credit as special installations and/or special tenant equipment are added to or subtenants of all or a portion deleted from the Premises. The Excess Utility Consumption Credit shall be pro-rated for ay partial calendar year on the basis of the Premises, no other person, firm or entity (including, without limitation, other tenants, licensees or occupants actual number of the Complex) shall have the right to connect to the Tenant's Equipment other than Tenant.
(vi) To the maximum extent permitted by law, Tenant's use of the Tenant's Equipment shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant days in the event that the Tenant's Equipment is damaged for any reason.
(vii) Landlord shall have the right, upon no less than ninety (90) days notice to Tenant and at Landlord's sole cost and expense, to relocate portions of the Tenant's Equipment to another area such year falling within the Complex reasonably acceptable to Tenant. Landlord and Tenant shall cooperate with each other in good faith to schedule such relocation work on nights and weekends so as to minimize interference with Tenant's business operations. Any such relocation by Landlord shall not independently (i.e., in the absence of another cause) be deemed to constitute a failure of electric supply under Section 4.2(C) aboveTerm.
(viii) In addition to the indemnification provisions set forth in this Lease (which shall be applicable to the Tenant's Equipment), Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from the installation, use or removal of the Tenant's Equipment.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Tenant’s Equipment. (Aa) Subject During the Beneficial Access Period (if any), Tenant shall be permitted to enter the Premises solely for purposes of installing Tenant’s furniture, fixtures, and equipment. Tenant’s access to the Premises during the Beneficial Access Period (if any) shall be on and subject to the terms and provisions of this Section 8.26Lease as if the Lease Commencement Date had occurred (including all insurance and indemnification requirements of Tenant), except that Tenant shall not be permitted obligated to install (x) telecommunications equipment, television antennas, related receiving equipment, related cable connections and other related telecommunications equipment (collectively, the "Telecom Equipment") and (y) HVAC equipment and any and all related equipment to accommodate pay Landlord Base Rent. All such work shall be performed at Tenant's excess HVAC requirements (collectively, the "HVAC Unit") in a location or locations on the rooftop of any of the Buildings in which Tenant directly leases Premises from Landlord in an area to be mutually agreed upon the parties, provided that (i) such installation and the operation thereof shall not cause any measurable interference with any existing communication equipment in the Complex, and (ii) such installation does not adversely affect the structural elements or the visual aesthetic of the Buildings as determined by Landlord in its sole discretion. In addition, Landlord shall have the option upon notice to Tenant to relocate the Telecom Equipment and/or the HVAC Unit to other areas on the rooftop of the Buildings at Landlord's ’s sole cost and expense and so long as such relocation does not materially adversely affect Tenant's use of the Premisesexpense. Tenant shall have no right cooperate with Landlord in all respects in order to licensecoordinate Xxxxxx’s and Xxxxxxxx’s activities in the Premises and to minimize any interference by Tenant with Landlord’s completion of any remaining portions of the Tenant Improvements. Tenant shall maintain the Premises in a clean and orderly condition during the Beneficial Access Period (if any).
(b) Tenant will not install or operate in the Premises any electrically operated equipment or other machinery, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit on the Buildings and/or the Site (other than to an assignee or subtenant permitted or consented to under this Lease)standard desk top office equipment ordinarily found in first-class office buildings in the submarket in which the Project is located (the “Project Submarket”) without first obtaining the prior written consent of Landlord. Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering party.
(B) Subject to the provisions of this Section 8.26, Tenant shall have the right to install a generator, related connections charge Tenant for the cost of its electricity consumption beyond Business Hours or in excess of five (5) xxxxx per square foot of Rentable Area of the Premises (exclusive of Building Standard HVAC and a diesel fuel tank or similar fuel storage compartment (collectively, lights) and for the "Generator") in an area on the Site to be mutually agreed upon by Landlord and Tenant (it being understood and agreed that the Generator may not be installed on the roof cost of any of the Buildings or on Land Recreation Area B, as that term is defined in Section 8.27 below).
(C) Tenant's use of the Telecom Equipment, the HVAC Unit and the Generator (collectively, the "Tenant's Equipment") shall be upon all of the conditions of the Lease, except as modified below:
(i) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing the Tenant's Equipment. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install or operate any portion of the Tenant's Equipment until Tenant shall have obtained Landlord's prior written approval, which approval will not be unreasonably withheld or delayed, of Tenant's plans and specifications therefor. Landlord shall inform Tenant at the time of its review of the plans and specifications for the Generator whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Lease.
(ii) Landlord shall have no obligation to provide any services to the Tenant's Equipment, provided Tenant shall have the right to connect Tenant's Equipment to existing base building utility systems, subject to Landlord's right to reasonably approve such connections. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 8.26, arrange for all utility services required for the operation of the Tenant's Equipment.
(iii) Tenant shall have no right to make any changes, alterations additional wiring or other improvements to the Tenant's Equipment Building as may be occasioned by or required as a result of any such excess use. Tenant shall not use or consume water other than for drinking, lavatory and toilet purposes, or in unusual quantities (of which fact Landlord shall reasonably judge), without Landlord's first obtaining the prior written consent, which consent of Landlord. Tenant shall not be unreasonably withheld install any other equipment of any kind or delayed; provided, however, that Tenant shall have the right to maintain and make repairs to the Tenant's Equipment.
(iv) Tenant shall be responsible for the cost of repairing any damage to the Complex caused by the installation, use and removal of the Tenant's Equipment.
(v) Except for assignees of this Lease or subtenants of all or a portion of the Premises, no other person, firm or entity nature whatsoever (including, without limitation, other tenantselectric space heaters and supplementary air-conditioning units) which will or may necessitate any changes, licensees replacements or occupants additions to, or in the use of, the water system, heating system, plumbing system, air-conditioning system, or electrical system of the Complex) shall have Premises or the right to connect to the Tenant's Equipment other than Tenant.
(vi) To the maximum extent permitted by law, Tenant's use rest of the Tenant's Equipment shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Tenant's Equipment is damaged for any reason.
(vii) Landlord shall have the right, upon no less than ninety (90) days notice to Tenant and at Landlord's sole cost and expense, to relocate portions of the Tenant's Equipment to another area within the Complex reasonably acceptable to Tenant. Landlord and Tenant shall cooperate with each other in good faith to schedule such relocation work on nights and weekends so as to minimize interference with Tenant's business operations. Any such relocation by Landlord shall not independently (i.e., in the absence of another cause) be deemed to constitute a failure of electric supply under Section 4.2(C) above.
(viii) In addition to the indemnification provisions set forth in this Lease (which shall be applicable to the Tenant's Equipment), Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from the installation, use or removal of the Tenant's Equipment.
Appears in 1 contract
Samples: Lease (Assure Holdings Corp.)
Tenant’s Equipment. Article XI, Tenant's Equipment, of the Lease hereby is amended by adding the following Section 11.2 at the end thereof:
(Aa) Subject to the terms satisfaction, in Landlord's reasonable judgment, of all of the conditions set forth in this Section, Tenant, at Tenant's sole cost and provisions expense, may install and once installed shall maintain one (1) satellite or other telecommunications related dish (the "Satellite Dish") on the roof of Building One for use in connection with Tenant's business in the Premises. Notwithstanding anything in this Section 8.2611.2 to the contrary, Tenant shall not be permitted to install the Satellite Dish unless (xI) telecommunications equipmentLandlord, television antennas, related receiving equipment, related cable connections and other related telecommunications equipment (collectively, the "Telecom Equipment") and (y) HVAC equipment and any and all related equipment to accommodate at Tenant's excess HVAC requirements (collectivelyreasonable expense, the "HVAC Unit") in a location or locations determines that there is room on the rooftop roof of Building One for the Satellite Dish and that the Satellite Dish shall not materially interfere with any other satellite dish or antenna of any of the Buildings other tenant in which Tenant directly leases Premises from Landlord in an area to be mutually agreed upon the parties, provided that (i) such installation and the operation thereof shall not cause any measurable interference with any existing communication equipment in Building One or the Complex, (II) the Satellite Dish conforms to the specifications and requirements set forth in the drawings and specifications prepared by a licensed professional reasonably approved by Landlord (the "Satellite Dish Drawings"), which Satellite Dish Drawings shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, (III) Landlord approves, which approval shall not be unreasonably conditioned or delayed, the size, capacity, power, location and proposed placement of the Satellite Dish and (iiIV) such Tenant obtains and provides copies to Landlord of all necessary governmental permits and approvals, including, without limitation, special exception permits, if applicable, for the installation does not adversely affect the structural elements or the visual aesthetic of the Buildings as determined Satellite Dish equipment upon Building One. Tenant, at Landlord's direction, shall cause the Satellite Dish to be painted in a non-metallic paint. No promotional or advertising matter or signage shall be attached to, painted or displayed on the Satellite Dish. In addition, if the installation of the Satellite Dish on the roof of Building One would damage or penetrate the roof of Building One, then Tenant shall not be permitted to install the Satellite Dish unless Tenant warrants and guaranties the roof to the extent that Landlord will lose its existing roof warranty or guaranty and unless Landlord approves, in writing, any such adverse effect to Building One's structure or service systems or any such structural alteration, which approval may be granted or withheld by Landlord in its sole discretion. In additionThe Satellite Dish shall be installed by a contractor reasonably acceptable to both Landlord and Tenant and thereafter shall be property maintained by Tenant, Landlord shall have all at Tenant's sole expense. At the option upon notice to Tenant to relocate the Telecom Equipment and/or the HVAC Unit to other areas on the rooftop expiration or earlier termination of the Buildings Lease Term, the Satellite Dish shall be removed from the roof of Building One at LandlordTenant's sole cost and expense and so long as such relocation does not materially adversely affect the roof of Building One shall be returned to the condition it was in prior to the installation of the Satellite Dish. Tenant shall pay all subscription fees, usage charges and hook-up and disconnection fees associated with Tenant's use of the Premises. Tenant Satellite Dish and Landlord shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit on the Buildings and/or the Site (other than to an assignee or subtenant permitted or consented to under this Lease)liability therefor. Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop All of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering party.
(B) Subject to the provisions of this Section 8.26, Tenant shall have the right to install a generator, related connections and a diesel fuel tank or similar fuel storage compartment (collectively, the "Generator") in an area on the Site to be mutually agreed upon by Landlord and Tenant (it being understood and agreed that the Generator may not be installed on the roof of any of the Buildings or on Land Recreation Area B, as that term is defined in Section 8.27 below).
(C) Tenant's use of the Telecom Equipment, the HVAC Unit and the Generator (collectively, the "Tenant's Equipment") shall be upon all of the conditions of the Lease, except as modified below:
(i) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing the Tenant's Equipment. In addition to complying with the applicable construction provisions of this Lease, Tenant including, without limitation, the insurance provisions set forth in Article XIII and the maintenance, repair, release and indemnification provisions set forth in Sections 8.1, 8.2, 9.4, 9.5, 15.1 and 15.2 hereof, shall not install or operate any portion apply and be applicable to Tenant's installation, operation, maintenance and removal of the Tenant's Equipment until Satellite Dish.
(i) Tenant expressly acknowledges and agrees that its use of the roof of Building One in nonexclusive and that Landlord and other tenants in the Complex shall have obtained access to the roof of Building One at all times. Landlord retains the right to grant licenses and other use and occupancy rights to other tenants in Building One and the Complex and to other third parties in Landlord's prior written approval, which approval will not be unreasonably withheld or delayed, of Tenant's plans and specifications therefor. Landlord shall inform Tenant at the time of its review of the plans and specifications for the Generator whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Leasesole discretion.
(ii) Landlord agrees that it shall have no obligation to provide any services to not grant tenants who execute Leases for space in Building One after the Tenant's Equipment, provided Tenant shall have date of this Lease the right to connect install antennas, dishes or other equipment on the roof of Building One which would, after consultation with Tenant's Equipment to existing base building utility systems, subject to Landlord's right to reasonably approve such connections. Tenant shall, at its sole cost materially and expense and otherwise in accordance adversely interfere with the provisions Satellite Dish. Landlord agrees that if, after the date of this Section 8.26Lease, arrange for all utility services required for the operation of the Tenant's Equipment.
(iii) Tenant shall have no right to make any changes, alterations other tenant in Building One or any other improvements to the Tenant's Equipment without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, entity that Tenant shall have has the right to maintain use the roof of Building One (each a "Rooftop Rights Tenant") notifies Landlord of its desire to place an antenna, dish or other equipment on the roof of Building One Landlord shall notify Tenant (a "Rooftop Notice") of such request and make repairs with such notice shall provide Tenant with any information then available to Landlord regarding the antenna, dish or equipment which such Rooftop Rights Tenant desires to install on the roof of Building One. Tenant shall notify Landlord ("Tenant's Rooftop Notice") within five (5) days after its receipt of a Rooftop Notice whether Tenant believes that the antenna, dish or equipment which such Rooftop Rights Tenant desires to place on the roof of Building One would materially and adversely impact the performance of Tenant's Satellite Dish. Tenant's Rooftop Notice shall state in reasonable detail the reasons, if any, why and how the antenna, dish or equipment which the Rooftop Rights Tenant desires to place on the roof of Building One would interfere with the Satellite Dish and offer reasonable alternative(s) to the placement of such Rooftop Rights Tenant's Equipment.
(iv) Tenant shall be responsible for the cost of repairing any damage to the Complex caused by the installationantenna, use and removal of the Tenant's Equipment.
(v) Except for assignees of this Lease dish or subtenants of all or a portion of the Premises, no other person, firm or entity (including, without limitation, other tenants, licensees or occupants of the Complex) shall have the right to connect to the Tenant's Equipment other than Tenant.
(vi) To the maximum extent permitted by law, Tenant's use of the Tenant's Equipment shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Tenant's Equipment is damaged for any reason.
(vii) Landlord shall have the right, upon no less than ninety (90) days notice to Tenant and at Landlord's sole cost and expense, to relocate portions of the Tenant's Equipment to another area within the Complex reasonably acceptable to Tenantequipment. Landlord and Tenant shall cooperate work with each any Rooftop Rights Tenant in determining an acceptable location for such Rooftop Rights Tenant's antenna, dish or other equipment. Except as otherwise provided herein, nothing in good faith this Section 11.2(b) shall restrict Landlord's rights to schedule allow other tenants in Building One or elsewhere in the Complex or other entities with whom Landlord or its affiliates may contract, license or otherwise agree to install, use, maintain, repair, operate, repair or remove any antenna, dish or other equipment on or from the roof of Building One.
(c) Landlord agrees that during the normal hours of operation of Building One as set forth in Section 11.2 hereof, Tenant, its agents and/or representatives shall be permitted use of and access to the roof of Building One and the Land for purposes of examination, maintenance and repair of the Satellite Dish. Tenant shall be solely responsible for the adequacy and safety of the installation and operation of the Satellite Dish on the roof of Building One.
(d) In the event Landlord contemplates repairs to the roof of Building One which (i) require the temporary removal or relocation of the Satellite Dish or (ii) may result in an interruption in Tenant's telecommunications services, Landlord shall notify Tenant promptly after it schedules such work but in any event, not less than ten (10) business days prior to commencing such work in order to allow Tenant to make other arrangements for such services, except in the event of an emergency, in which case Landlord shall give Tenant reasonable prior written or verbal notice of such work. In the event such temporary removal or relocation of the Satellite Dish is necessary, Landlord agrees to use its reasonable efforts to provide alternate space to Tenant that is reasonable acceptable to Tenant for a temporary Satellite Dish. Tenant shall perform such relocation work on nights and weekends so as all reasonable and customary costs of removal, relocation and re-installation actually paid by Tenant to minimize interference independent third parties shall be borne by Landlord. The preceding sentence notwithstanding, Tenant shall bear the cost of any repairs to the roof of Building One and any equipment, machinery or other antennas, dishes or other items which are damaged by Tenant in connection with Tenant's business operationssuch removal, relocation and re-installation of the Satellite Dish. Any such relocation by Landlord shall not independently (i.e., in the absence be liable to Tenant for any cessation or interruption of another cause) be deemed to constitute a failure of electric supply under Section 4.2(C) above.
(viii) In addition to the indemnification provisions set forth in this Lease (which shall be applicable to the Tenant's Equipment), Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from the installation, use or removal of the Tenant's Equipmenttelecommunications services.
Appears in 1 contract
Samples: Lease Modification and Extension Agreement (E Centives Inc)
Tenant’s Equipment. (Aa) Subject to the terms and provisions of this Section 8.26, Tenant shall be permitted to install (x) telecommunications equipment, television antennas, related receiving equipment, related cable connections and other related telecommunications equipment (collectively, the "Telecom Equipment") and (y) HVAC equipment and any and all related equipment to accommodate Tenant's excess HVAC requirements (collectively, the "HVAC Unit") in a location or locations on the rooftop of any of the Buildings in which Tenant directly leases Premises from Landlord in an area to be mutually agreed upon the parties, provided that (i) such installation and the operation thereof shall not cause any measurable interference with any existing communication equipment in the Complex, and (ii) such installation does not adversely affect the structural elements or the visual aesthetic of the Buildings as determined by Landlord in its sole discretion. In addition, Landlord shall have the option upon notice to Tenant to relocate the Telecom Equipment and/or the HVAC Unit to other areas on the rooftop of the Buildings at Landlord's sole cost and expense and so long as such relocation does not materially adversely affect Tenant's use of the Premises. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit on the Buildings and/or the Site (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering party.
(B) Subject to the provisions of this Section 8.26, Tenant shall have the right to install a generator, related connections and a diesel fuel tank or similar fuel storage compartment (collectively, the "Generator") in an area on the Site to be mutually agreed upon by Landlord and Tenant (it being understood and agreed that the Generator may not be installed on the roof of any of the Buildings or on Land Recreation Area B, as that term is defined in Section 8.27 below).
(C) Tenant's use of the Telecom Equipment, the HVAC Unit and the Generator (collectively, the "Tenant's Equipment") shall be upon all of the conditions of the Lease, except as modified below:
(i) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing the Tenant's Equipment. In addition to complying with the applicable construction provisions of this Lease, Tenant shall will not install or operate any portion in the Premises, without first obtaining the prior consent of the Tenant's Equipment until Tenant shall have obtained Landlord's prior written approval, which approval will not be unreasonably withheld or delayed, of Tenant's plans and specifications therefor. Landlord shall inform Tenant at the time of its review of the plans and specifications for the Generator whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Lease.
(ii) Landlord shall have no obligation to provide any services to the Tenant's Equipment, provided Tenant shall have the right to connect Tenant's Equipment to existing base building utility systems, subject to Landlord's right to reasonably approve such connections. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 8.26, arrange for all utility services required for the operation of the Tenant's Equipment.
(iii) Tenant shall have no right to make any changes, alterations or other improvements to the Tenant's Equipment without Landlord's prior written consent, which consent shall not be unreasonably withheld conditioned, delayed or delayed; providedwithheld, howeverany electrically operated equipment or other machinery other than typewriters, word processing machines, adding machines, computers, radios, televisions, tape recorders, dictaphones, communications equipment, bookkeeping machines, printing and duplicating equipment, clocks, water fountains, coffee machines, soda dispensers, phone systems, computer networks and other business machines and equipment normally employed for general office use.
(b) If any portion of Tenant’s equipment shall require electric consumption in excess of the capacity of the electrical systems in the Premises, all additional transformers, distribution panels, and wiring that may be reasonably required shall be installed by Landlord at the expense of Tenant. Landlord shall provide Tenant reasonable access to and the use of the utility risers serving the Building for purposes of Tenant’s utility needs within the Premises.
(c) Tenant shall not install any equipment of any kind or nature whatsoever which will or may necessitate any changes, replacements or additions to, or any changes in the use of, the heating, plumbing, HVAC, or electrical systems of the Premises or the Project without first obtaining the prior consent of Landlord, which consent shall not be unreasonably conditioned, delayed or withheld. If the installation of any of Tenant’s equipment in Landlord’s reasonable opinion requires modification to the Project’s systems, Landlord shall so inform Tenant and as a condition to Landlord’s approval, Tenant shall agree to pay for all costs incurred by Landlord to make the appropriate modifications. Business machines and mechanical equipment belonging to Tenant and any use by Tenant of the Premises which causes noise, dust, odor, impure air, electrical interference or vibration that is transmitted to the structure of the Project or to any space outside of the Premises to such a degree as to be reasonably objectionable to any other tenant in the Building shall be installed and maintained or such use shall be carried on by Tenant, at Tenant’s expense, by means of such devices sufficient to reduce the noise, dust, odors, impure air, electrical interference or vibration to levels ordinarily found in similar office buildings.
(d) Landlord shall have the right to maintain prescribe the weight and make repairs position of all heavy equipment and fixtures, including, but not limited to, data processing equipment, record and file systems, and safes that Tenant intends to install or locate within the Tenant's Equipment.
(iv) Premises. Tenant shall obtain Landlord’s prior review and approval, which approval shall not be responsible for unreasonably conditioned, delayed or withheld, before installing or locating heavy equipment or fixtures in the cost Premises. If installation or location of repairing such equipment or fixtures in Landlord’s reasonable opinion requires structural modifications or reinforcement of any damage to the Complex caused by the installation, use and removal of the Tenant's Equipment.
(v) Except for assignees of this Lease or subtenants of all or a portion of the PremisesPremises or the Project, no other personLandlord shall so inform Tenant and, firm as a condition to Landlord’s approval, Tenant shall agree to pay for all costs incurred by Landlord to make the appropriate modifications or entity (including, without limitation, other tenants, licensees reinforcements. All modifications or occupants of the Complex) reinforcements shall have the right to connect be completed prior to the Tenant's Equipment other than Tenant.
(vi) To installation or location of such equipment or fixtures in the maximum extent permitted by lawPremises. Notwithstanding the foregoing, Tenant's use of the Tenant's Equipment shall be at the sole risk Landlord hereby approves of Tenant, ’s current configuration for its heavy equipment and Landlord shall have no liability to Tenant in the event that the Tenant's Equipment is damaged for any reason.
(vii) Landlord shall have the right, upon no less than ninety (90) days notice to Tenant and at Landlord's sole cost and expense, to relocate portions of the Tenant's Equipment to another area fixtures located within the Complex reasonably acceptable to Tenant. Landlord and Tenant shall cooperate with each other in good faith to schedule such relocation work on nights and weekends so as to minimize interference with Tenant's business operations. Any such relocation by Landlord shall not independently (i.e., in the absence of another cause) be deemed to constitute a failure of electric supply under Section 4.2(C) abovePremises.
(viii) In addition to the indemnification provisions set forth in this Lease (which shall be applicable to the Tenant's Equipment), Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from the installation, use or removal of the Tenant's Equipment.
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Tenant’s Equipment. (A) Subject to the terms and provisions of this Section 8.26, Tenant shall be permitted to install (x) telecommunications equipment, television antennas, related receiving equipment, related cable connections and other related telecommunications equipment (collectively, the "Telecom Equipment") and (y) HVAC equipment and any and all related equipment to accommodate Tenant's excess HVAC requirements (collectively, the "HVAC Unit") in a location or locations on the rooftop of any of the Buildings in which Tenant directly leases Premises from Landlord in an area to be mutually agreed upon the parties, provided that (i) such installation and the operation thereof shall not cause any measurable interference with any existing communication equipment in the Complex, and (ii) such installation does not adversely affect the structural elements or the visual aesthetic of the Buildings as determined by Landlord in its sole discretion. In addition, Landlord shall have the option upon notice to Tenant to relocate the Telecom Equipment and/or the HVAC Unit to other areas on the rooftop of the Buildings at Landlord's sole cost and expense and so long as such relocation does not materially adversely affect Tenant's use of the Premises. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit on the Buildings and/or the Site (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering party.
(B) Subject to the provisions of this Section 8.26, Tenant shall have the right to install a generator, related connections and a diesel fuel tank or similar fuel storage compartment (collectively, the "Generator") in an area on the Site to be mutually agreed upon by Landlord and Tenant (it being understood and agreed that the Generator may not be installed on the roof of any of the Buildings or on Land Recreation Area B, as that term is defined in Section 8.27 below).
(C) Tenant's use of the Telecom Equipment, the HVAC Unit and the Generator (collectively, the "Tenant's Equipment") shall be upon all of the conditions of the Lease, except as modified below:
(i) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing the Tenant's Equipment. In addition to complying with the applicable construction provisions of this Lease, 18.1 Tenant shall not install any equipment of any kind or operate any portion of nature whatsoever in the Tenant's Equipment until Tenant shall have obtained Landlord's prior written approval, Premises which approval will not be unreasonably withheld or delayed, of Tenant's plans and specifications therefor. Landlord shall inform Tenant at the time of its review of the plans and specifications for the Generator whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Lease.
(ii) Landlord shall have no obligation to provide any services to the Tenant's Equipment, provided Tenant shall have the right to connect Tenant's Equipment to existing base building utility systems, subject to Landlord's right to reasonably approve such connections. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 8.26, arrange for all utility services required for the operation of the Tenant's Equipment.
(iii) Tenant shall have no right to make may necessitate any changes, alterations replacements or additions to, or in the Electrical Capacity or existing capacity of, the water system, heating system, plumbing system, air conditioning system, life safety system or any other improvements to system of the Tenant's Equipment Premises and/or the Building without Landlord's first obtaining the prior written consentconsent of Landlord, which consent shall not be unreasonably withheld but may be subject to, among other things Tenant's compliance with the provisions of Section 8.9 and Articles 11 and 12 of this Lease. If Tenant installs business machines and/or mechanical equipment which cause noise or delayed; providedvibration reasonably deemed objectionable to other tenants of the Building or which are, howeverin Landlord's reasonable judgment, that Tenant harmful to the Premises, then Tenant, at Tenant's expense, shall promptly install and maintain noise or vibration eliminators or other devices sufficient to eliminate such noise and vibration. Landlord reserves the right to inspect the Premises as set forth in Section 13.1 to insure compliance with this Section.
18.2 Landlord shall have the right to maintain approve the weight and make repairs position of safes and other heavy equipment or fixtures, which shall, if reasonably considered necessary by the Landlord, stand on weight distribution platforms or like devices approved in advance by Landlord. Landlord's approval under the preceding sentence shall not be unreasonably withheld or delayed provided any such safes and other heavy equipment or fixtures will not exceed the maximum floor load of the floor in question after such weight distribution platform or like device is installed. Any and all non-structural damage or injury to the Premises caused by moving the property of Tenant into or out of the Premises, or due to the same being on the Premises, shall be repaired by, and at the sole cost of, Tenant. All structural damage or injury to the Premises caused by moving such property into or out of the Premises, or due to the same being on the Premises, shall be repaired by Landlord, at Tenant's Equipmentreasonable expense (subject to the provisions of Article 17 to the extent applicable), and Tenant shall pay for the same, as Additional Rent, within ten (10) days after its receipt of a bill therefor.
18.3 No furniture, equipment or other bulky mxxxxr of any description will be received into the Premises or carried in the passenger elevators except as approved by Landlord (ivsuch approval not to be unreasonably withheld) and all such furniture, equipment, and other bulky matter shall be delivered only through the Loading Dock and to the Premises by way of the freight elevators during Business Hours, upon reasonable prior notification to the supervisor of the Loading Dock and subject to the availability of the Loading Dock and freight elevators. In the event Tenant requests overtime service in accordance with the provisions of this Lease, such overtime service shall be at Tenant's sole but reasonable cost and expense in accordance with the provisions of this Lease. All movement of furniture, equipment and other materials outside the Premises shall be at Tenant's reasonable expense and under the direct control and supervision of Landlord who shall, however, not be responsible for the cost of repairing any damage to or charges for moving the Complex caused by same. Tenant shall pay for Landlord's reasonable costs of supervision, as Additional Rent, within ten (10) business days after its receipt of an invoice therefor. Tenant shall promptly remove from the installation, use and removal sidewalks adjacent to the Building any of the Tenant's Equipment.
(v) Except for assignees of this Lease or subtenants of all or a portion of the Premisesfurniture, no other person, firm or entity (including, without limitation, other tenants, licensees or occupants of the Complex) shall have the right to connect to the Tenant's Equipment other than Tenant.
(vi) To the maximum extent permitted by law, Tenant's use of the Tenant's Equipment shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Tenant's Equipment is damaged for any reason.
(vii) Landlord shall have the right, upon no less than ninety (90) days notice to Tenant and at Landlord's sole cost and expense, to relocate portions of the Tenant's Equipment to another area within the Complex reasonably acceptable to Tenant. Landlord and Tenant shall cooperate with each other in good faith to schedule such relocation work on nights and weekends so as to minimize interference with Tenant's business operations. Any such relocation by Landlord shall not independently (i.e., in the absence of another cause) be deemed to constitute a failure of electric supply under Section 4.2(C) above.
(viii) In addition to the indemnification provisions set forth in this Lease (which shall be applicable to the Tenant's Equipment), Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, equipment or other entity arising from the installation, use material there delivered or removal of the Tenant's Equipmentdeposited.
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Tenant’s Equipment. (A) Subject 6.01 At any time and from time to time during the terms and provisions term of this Section 8.26Lease, the Tenant may install, maintain, and replace in the Demised Premise, any Tenant's Equipment as the Tenant in its sole discretion may desire. Notwithstanding the fact that the Tenant's Equipment may be installed in such a manner that, but for the agreement of the Landlord herein contained, the same would form a part of the Demised Premise, the Tenant's Equipment shall nevertheless be and remain at all times the property of the Tenant.
6.02 The Tenant may not remove any part of the Tenant's Equipment at any time during the term of this Lease without the written consent of the Landlord, which shall not be unreasonably withheld. The Tenant shall be permitted responsible for and will repair all or any damage to install (x) telecommunications equipmentany part of the Demised Premise, television antennas, related receiving equipment, related cable connections and other related telecommunications equipment (collectively, including structural portions thereof caused by the "Telecom Equipment") and (y) HVAC equipment and any and all related equipment to accommodate Tenant's excess HVAC requirements (collectively, the "HVAC Unit") in a location installation or locations on the rooftop removal of any of the Buildings in which Tenant directly leases Premises from Landlord in an area to be mutually agreed upon Tenant's Equipment, fixtures, alterations or improvements where installed as aforesaid. Any of the parties, provided that (i) such installation and the operation thereof shall not cause any measurable interference with any existing communication equipment Tenant's Equipment remaining in the ComplexDemised Premise at the termination of this Lease may be removed and stored by the Landlord, and (ii) such installation does not adversely affect the structural elements or the visual aesthetic of the Buildings as determined by Landlord in its sole discretion. In addition, Landlord who shall thereupon have the option upon notice to Tenant to relocate first and paramount lien against the Telecom Equipment and/or the HVAC Unit to other areas on the rooftop of the Buildings at Landlord's sole cost and expense and so long as such relocation does not materially adversely affect Tenant's use of the Premises. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit on Landlord shall not be required to release possession thereof until the Buildings and/or the Site (cost of removal and storage and any other than to an assignee or subtenant permitted or consented to obligations due under this Lease)Lease have been paid by the Tenant. Landlord hereby reserves If the right (at its sole discretion) to install Tenant does not pay for the removal and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop storage of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide after demand in writing by the Landlord, the Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering party.
(B) Subject to the provisions of this Section 8.26, Tenant shall have the right to install a generator, related connections and a diesel fuel tank or similar fuel storage compartment (collectively, sell the "Generator") same applying the proceeds firstly in an area on the Site to be mutually agreed upon by Landlord and Tenant (it being understood and agreed that the Generator may not be installed on the roof of any payment of the Buildings or on Land Recreation Area B, as that term is defined in Section 8.27 below).
(C) Tenant's use costs of the Telecom Equipment, the HVAC Unit such removal,storage and the Generator (collectively, the "Tenant's Equipment") shall be upon all of the conditions of the Lease, except as modified below:
(i) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing secondly to the Tenant's Equipment. In addition to complying with the applicable construction provisions of this Lease, Tenant account.
6.03 The Landlord shall not install be responsible for any loss or operate any portion of the Tenant's Equipment until Tenant shall have obtained Landlord's prior written approval, which approval will not be unreasonably withheld or delayed, of Tenant's plans and specifications therefor. Landlord shall inform Tenant at the time of its review of the plans and specifications for the Generator whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Lease.
(ii) Landlord shall have no obligation to provide any services damage occurring to the Tenant's Equipment, provided Tenant shall have the right to connect Tenant's Equipment to existing base building utility systems, subject to Landlord's right to reasonably approve such connections. Tenant shall, at its sole cost save and expense and otherwise in accordance with the provisions of this Section 8.26, arrange except for all utility services required for the operation of the Tenant's Equipment.
(iii) Tenant shall have no right to make any changes, alterations loss or other improvements to the Tenant's Equipment without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, that Tenant shall have the right to maintain and make repairs to the Tenant's Equipment.
(iv) Tenant shall be responsible for the cost of repairing any damage to the Complex caused by the installation, use and removal negligence of the Tenant's Equipment.
(v) Except for assignees of this Lease or subtenants of all or a portion of the Premises, no other person, firm or entity (including, without limitation, other tenants, licensees or occupants of the Complex) shall have the right to connect to the Tenant's Equipment other than Tenant.
(vi) To the maximum extent permitted by law, Tenant's use of the Tenant's Equipment shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Tenant's Equipment is damaged for any reason.
(vii) Landlord shall have the right, upon no less than ninety (90) days notice to Tenant and at Landlord's sole cost and expense, to relocate portions of the Tenant's Equipment to another area within the Complex reasonably acceptable to Tenant. Landlord and Tenant shall cooperate with each other in good faith to schedule such relocation work on nights and weekends so as to minimize interference with Tenant's business operations. Any such relocation by Landlord shall not independently (i.e., in the absence of another cause) be deemed to constitute a failure of electric supply under Section 4.2(C) above.
(viii) In addition to the indemnification provisions set forth in this Lease (which shall be applicable to the Tenant's Equipment), Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from persons for whom in law the installation, use or removal of the Tenant's EquipmentLandlord is responsible.
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