Common use of Tenant’s Exterior Equipment Clause in Contracts

Tenant’s Exterior Equipment. (a) Tenant, throughout the Term, shall have the right to continue to maintain and operate all of Tenant’s communications, service and other equipment (including any satellite dishes, transmitters and/or antennas, Tenant’s Supplemental HVAC Equipment, fuel tanks, generators, etc., as well as any other equipment required to operate the foregoing or to connect the same to the Leased Premises, e.g., conduits and cables) which, as of the Commencement Date, are located upon the roof of the Building or otherwise in a portion(s) of the Property located outside of the Leased Premises (collectively, “Tenant’s Existing Exterior Equipment”). (b) In addition to Tenant’s Existing Exterior Equipment, Tenant, throughout the Term, shall have the right to install (and, after such installation, maintain and operate) additional communications, service and other equipment upon the roof of the Building and/or any other portion(s) of the Property outside of Leasable Areas, subject, however, to obtaining Landlord’s consent thereto, which consent shall not be unreasonably withheld or delayed, provided, that (i) such additional communications, service and other equipment shall not materially compromise the aesthetics or appearance of the Building, (ii) such additional communications, service and other equipment shall not impose any additional expense upon Landlord which Tenant is not willing to pay or reimburse Landlord for, and (iii) such additional communications, service and other equipment shall be designed and installed in compliance with all Legal Requirements, and otherwise in a manner so as not to (1) adversely affect the Base Building, including the operation of any of then existing Building Systems, (2) create an unreasonable risk of injury to persons or property, or (3) in the case of equipment to be located upon the roof of the Building, void or impair any applicable roof warranty. (c) The following provisions shall apply to Tenant’s Existing Exterior Equipment, as well as any additional communications, service and other equipment installed by Tenant under Section 3.4(b) above (herein collectively called “Tenant’s Exterior Equipment”): (1) All Tenant’s Exterior Equipment shall be maintained and operated at Tenant’s sole cost and expense and in accordance with all Legal Requirements. (2) Any material changes to any then existing Tenant’s Exterior Equipment (i.e., changes regarding size, location, etc.) shall first be approved by Landlord, which approval will not be unreasonably withheld or delayed. (3) At all times, Tenant and the pertinent Tenant Parties shall have unrestricted access to all the areas of the Property upon, or within, which any of Tenant’s Exterior Equipment is located for purposes of operating, servicing, repairing or otherwise maintaining said equipment. In connection therewith, Tenant shall not unreasonably disturb any other tenants of the Building. (d) The following provisions shall apply to Tenant’s Exterior Equipment located on the roof of the Building (sometimes herein separately called “Tenant’s Rooftop Equipment”): (1) In order to maintain rooftop availability consistent with the needs of Tenant and other tenants and occupants of the Building, Landlord shall not install, or permit to be installed, any equipment on the roof of the Building other than Tenant’s Rooftop Equipment and the Other Qualified Rooftop Equipment. “Other Qualified Rooftop Equipment” shall mean (i) any rooftop equipment constituting a component of the Building Systems, (ii) any communications or other rooftop equipment belonging to any other tenant or occupant of the Building for use in connection with its business operations in the Building, and (iii) if sufficient space on the roof of the Building is available therefor (after taking into account both the current and future needs of Tenant, and other tenants and occupants of the Building, and after consultation with Tenant as to its current and future needs), any communications equipment belonging to an area service provider.

Tenant’s Exterior Equipment. (a) Tenant, throughout the Term, shall have the right to continue to maintain and operate all of Tenant’s communications, service and other equipment (including any satellite dishes, transmitters and/or antennas, Tenant’s Supplemental HVAC Equipment, fuel tanks, generators, etc., as well as any other equipment required to operate the foregoing or to connect the same to the Leased Premises, e.g., conduits and cables) which, as of the Commencement Date, are located upon the roof of the Building or otherwise in a portion(s) of the Property located outside of the Leased Premises (collectively, “Tenant’s Existing Exterior Equipment”). (b) In addition to Tenant’s Existing Exterior Equipment, Tenant, throughout the Term, shall have the right to install (and, after such installation, maintain and operate) additional communications, service and other equipment upon the roof of the Building and/or any other portion(s) of the Property outside of Leasable Areas, subject, however, to obtaining Landlord’s consent thereto, which consent shall not be unreasonably withheld or delayed, provided, that (i) such additional communications, service and other equipment shall not materially compromise the aesthetics or appearance of the Building, (ii) such additional communications, service and other equipment shall not hot impose any additional expense upon Landlord which Tenant is not willing to pay or reimburse Landlord for, and (iii) such additional communications, service and other equipment shall be designed and installed in compliance with all Legal Requirements, and otherwise in a manner so as not to (1) adversely affect the Base Building, including the operation of any of then existing Building Systems, (2) create an unreasonable risk of injury to persons or property, or (3) in the case of equipment to be located upon the roof of the Building, void or impair any applicable roof warranty. (c) The following provisions shall apply to Tenant’s Existing Exterior Equipment, as well as any additional communications, service and other equipment installed by Tenant under Section 3.4(b) above (herein collectively called “Tenant’s Exterior Equipment”): (1) All Tenant’s Exterior Equipment shall be maintained and operated at Tenant’s sole cost and expense and in accordance with all Legal Requirements. (2) Any material changes to any then existing Tenant’s Exterior Equipment (i.e., changes regarding size, location, etc.) shall first be approved by Landlord, which approval will not be unreasonably withheld or delayed.. ________________________________________________________________________________________________________________________ (3) At all times, Tenant and the pertinent Tenant Parties shall have unrestricted access to all the areas of the Property upon, or within, which any of Tenant’s Exterior Equipment is located for purposes of operating, servicing, repairing or otherwise maintaining said equipment. In connection therewith, Tenant shall not unreasonably disturb any other tenants of the Building. (d) The following provisions shall apply to Tenant’s Exterior Equipment located on the roof of the Building (sometimes herein separately called “Tenant’s Rooftop Equipment”): (1) In order to maintain rooftop availability consistent with the needs of Tenant and other tenants and occupants of the Building, Landlord shall not install, or permit to be installed, any equipment on the roof of the Building other than Tenant’s Rooftop Equipment and the Other Qualified Rooftop Equipment. “Other Qualified Rooftop Equipment” shall mean (i) any i)any rooftop equipment constituting a component of the Building Systems, (ii) any communications or other rooftop equipment belonging to any other tenant or occupant of the Building for use in connection with its business operations in the Building, and (iii) if sufficient space on the roof of the Building is available therefor (after taking into account both the current and future needs of Tenant, and other tenants and occupants of the Building, and after consultation with Tenant as to its current and future needs), any communications equipment belonging to an area service provider.

Tenant’s Exterior Equipment. (a) Tenant, throughout the Term, shall have the right to continue to maintain and operate all of Tenant’s communications, service and other equipment (including any satellite dishes, transmitters and/or antennas, Tenant’s Supplemental HVAC Equipment, fuel tanks, generators, etc., as well as any other equipment required to operate the foregoing or to connect the same to the Leased Premises, e.g., conduits and cables) which, as of the Commencement Date, are located upon the roof of the Building or otherwise in a portion(s) of the Property located outside of the Leased Premises (collectively, “Tenant’s Existing Exterior Equipment”). (b) In addition to Tenant’s Existing Exterior Equipment, Tenant, throughout the Term, shall have the right to install (and, after such installation, maintain and operate) additional communications, service and other equipment upon the roof of the Building and/or any other portion(s) of the Property outside of Leasable Areas, subject, however, to obtaining Landlord’s consent thereto, which consent shall not be unreasonably withheld or delayed, provided, that (i) such additional communications, service and other equipment shall not materially compromise the aesthetics or appearance of the Building, (ii) such additional communications, service and other equipment shall not impose any additional expense upon Landlord which Tenant is not willing to pay or reimburse Landlord for, and (iii) such additional communications, service and other equipment shall be designed and installed in compliance with all Legal Requirements, and otherwise in a manner so as not to (1) adversely affect the Base Building, including the operation of any of then existing Building Systems, (2) create an unreasonable risk of injury to persons or property, or (3) in the case of equipment to be located upon the roof of the Building, void or impair any applicable roof warranty. (c) The following provisions shall apply to Tenant’s Existing Exterior Equipment, as well as any additional communications, service and other equipment installed by Tenant under Section 3.4(b) above (herein collectively called “Tenant’s Exterior Equipment”): (1) All Tenant’s Exterior Equipment shall be maintained and operated at Tenant’s sole cost and expense and in accordance with all Legal Requirements. (2) Any material changes to any then existing Tenant’s Exterior Equipment (i.e., changes regarding size, location, etc.) shall first be approved by Landlord, which approval will not be unreasonably withheld or delayed.. ________________________________________________________________________________________________________________________ (3) At all times, Tenant and the pertinent Tenant Parties shall have unrestricted access to all the areas of the Property upon, or within, which any of Tenant’s Exterior Equipment is located for purposes of operating, servicing, repairing or otherwise maintaining said equipment. In connection therewith, Tenant shall not unreasonably disturb any other tenants of the Building. (d) The following provisions shall apply to Tenant’s Exterior Equipment located on the roof of the Building (sometimes herein separately called “Tenant’s Rooftop Equipment”): (1) In order to maintain rooftop availability consistent with the needs of Tenant and other tenants and occupants of the Building, Landlord shall not install, or permit to be installed, any equipment on the roof of the Building other than Tenant’s Rooftop Equipment and the Other Qualified Rooftop Equipment. “Other Qualified Rooftop Equipment” shall mean (i) any rooftop equipment constituting a component of the Building Systems, (ii) any communications or other rooftop equipment belonging to any other tenant or occupant of the Building for use in connection with its business operations in the Building, and (iii) if sufficient space on the roof of the Building is available therefor (after taking into account both the current and future needs of Tenant, and other tenants and occupants of the Building, and after consultation with Tenant as to its current and future needs), any communications equipment belonging to an area service provider.

Tenant’s Exterior Equipment. (a) Tenant, throughout the Term, shall have the right to continue to maintain and operate all of Tenant’s communications, service and other equipment (including any satellite dishes, transmitters and/or antennas, Tenant’s Supplemental HVAC Equipment, fuel tanks, generators, etc., as well as any other equipment required to operate the foregoing or to connect the same to the Leased Premises, e.g., conduits and cables) which, as of the Commencement Date, are located upon the roof of the Building or otherwise in a portion(s) of the Property located outside of the Leased Premises (collectively, “Tenant’s Existing Exterior Equipment”). (b) In addition to Tenant’s Existing Exterior Equipment, Tenant, throughout the Term, shall have the right to install (and, after such installation, maintain and operate) additional communications, service and other equipment upon the roof of the Building and/or any other portion(s) of the Property outside of Leasable Areas, subject, however, to obtaining Landlord’s consent thereto, which consent shall not be unreasonably withheld or delayed, provided, that (i) such additional communications, service and other equipment shall not materially compromise the aesthetics or appearance of the Building, (ii) such additional communications, service and other equipment shall not impose any additional expense upon Landlord which Tenant is not willing to pay or reimburse Landlord for, and (iii) such additional communications, service and other equipment shall be designed and installed in compliance with all Legal Requirements, and otherwise in a manner so as not to (1) adversely affect the Base Building, including the operation of any of then existing Building Systems, (2) create an unreasonable risk of injury to persons or property, or (3) in the case of equipment to be located upon the roof of the Building, void or impair any applicable roof warranty. (c) The following provisions shall apply to Tenant’s Existing Exterior Equipment, as well as any additional communications, service and other equipment installed by Tenant under Section 3.4(b) above (herein collectively called “Tenant’s Exterior Equipment”): (1) All Tenant’s Exterior Equipment shall be maintained and operated at Tenant’s sole cost and expense and in accordance with all Legal Requirements. (2) Any material changes to any then existing Tenant’s Exterior Equipment ‘(i.e., changes regarding size, location, etc.) shall first be approved by Landlord, which approval will not be unreasonably withheld or delayed.. ________________________________________________________________________________________________________________________ (3) At all times, Tenant and the pertinent Tenant Parties shall have unrestricted access to all the areas of the Property upon, or within, which any of Tenant’s Exterior Equipment is located for purposes of operating, servicing, repairing or otherwise maintaining said equipment. In connection therewith, Tenant shall not unreasonably disturb any other tenants of the Building. (d) The following provisions shall apply to Tenant’s Exterior Equipment located on the roof of the Building (sometimes herein separately called “Tenant’s Rooftop Equipment”): (1) In order to maintain rooftop availability consistent with the needs of Tenant and other tenants and occupants of the Building, Landlord shall not install, or permit to be installed, any equipment on the roof of the Building other than Tenant’s Rooftop Equipment and the Other Qualified Rooftop Equipment. “Other Qualified Rooftop Equipment” shall mean (i) any rooftop equipment constituting a component of the Building Systems, (ii) any communications or other rooftop equipment belonging to any other tenant or occupant of the Building for use in connection with its business operations in the Building, and (iii) if sufficient space on the roof of the Building is available therefor (after taking into account both the current and future needs of Tenant, and other tenants and occupants of the Building, and after consultation with Tenant as to its current and future needs), any communications equipment belonging to an area service provider.