Tenant’s Rooftop Equipment. (a) Subject to the terms and provisions of this Section 9.25, Tenant shall be permitted to install (x) telecommunications equipment, 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 HVAC requirements (collectively, the “HVAC Unit”), in a location or locations on the rooftop of the Building in an area to be mutually agreed upon the parties, provided that such installation does not adversely affect the structural elements or the visual aesthetic of the Building as reasonably determined by Landlord (it being acknowledged that Landlord may reasonably require installation of screening for such installations) in its reasonable discretion. Landlord may require the use of its designated roofing contractor for any penetrations of the roof or other work which could impact the warranty of the roof. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord shall not install, nor permit others to install any telecommunications equipment, antennas or similar installations on the rooftop of the Building or elsewhere on the Site. (b) Tenant’s use of the Telecom Equipment and the HVAC Unit (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, delayed, or conditioned, of Tenant’s plans and specifications therefor. (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 approve such connections, which approval will not be unreasonably withheld, delayed or conditioned. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 9.25, arrange for all utility services required for the operation of the Tenant’s Equipment. (iii) Tenant shall have no right to make any material changes, alterations or other improvements to the Tenant’s Equipment without Landlord’s prior written consent, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that Tenant shall have the right to maintain and make repairs to and replace from time to time, the Tenant’s Equipment.
Appears in 2 contracts
Samples: Lease Agreement (Fractyl Health, Inc.), Lease (Fractyl Health, Inc.)
Tenant’s Rooftop Equipment. (a) 43.1. Subject to the terms and provisions of this Section 9.25Landlord’s approval, Tenant shall be permitted to install (x) telecommunications equipment, 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 HVAC requirements (collectively, the “HVAC Unit”), in a location or locations on the rooftop may use portions of the Building rooftop to operate, maintain, repair and replace rooftop antennae, mechanical equipment, communications antennas and other equipment installed by Tenant in an area to be mutually agreed upon the parties, provided that such installation does not adversely affect the structural elements or the visual aesthetic of the Building as reasonably determined by Landlord accordance with this Article (it being acknowledged that Landlord may reasonably require installation of screening for such installations) in its reasonable discretion. Landlord may require the use of its designated roofing contractor for any penetrations of the roof or other work which could impact the warranty of the roof. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit (other than to an assignee or subtenant permitted or consented to under this Lease“Tenant’s Rooftop Equipment”). Landlord Tenant’s Rooftop Equipment shall not install, nor permit others to install any telecommunications equipment, antennas or similar installations on the rooftop of the Building or elsewhere on the Site.
(b) be only for Tenant’s use of the Telecom Premises for the Permitted Use. Tenant hereby approves of Tenant’s existing Tenant’s Rooftop Equipment.
43.2. Tenant shall install Tenant’s Rooftop Equipment at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate, and in accordance with this Article and the applicable provisions of this Lease regarding Alterations. Tenant’s Rooftop Equipment and the HVAC Unit (collectivelyinstallation thereof shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld. Among other reasons, Landlord may withhold approval if the “installation or operation of Tenant’s Equipment”) shall Rooftop Equipment could reasonably be upon all expected to damage the structural integrity of the conditions of Building or to transmit vibrations or noise or cause other adverse effects beyond the LeasePremises to an extent not customary in first class laboratory Buildings, except as modified below:unless Tenant implements measures that are acceptable to Landlord in its reasonable discretion to avoid any such damage or transmission.
(i) It is understood and agreed that 43.3. Tenant shall be responsiblecomply with any roof or roof-related warranties. Tenant shall obtain a letter from Landlord’s roofing contractor within thirty (30) days after completion of any Tenant work on the rooftop stating that such work did not affect any such warranties. Tenant, at its sole cost and expense, for installing shall inspect the Tenant’s Rooftop Equipment at least annually, and correct any loose bolts, fittings or other appurtenances and repair any damage to the roof caused by the installation or operation of Tenant’s Rooftop Equipment. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install permit the installation, maintenance 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, delayed, or conditioned, operation of Tenant’s plans Rooftop Equipment to violate any Applicable Laws or constitute a nuisance. Tenant shall pay Landlord within thirty (30) days after demand (a) all applicable taxes, charges, fees or impositions imposed on Landlord by Governmental Authorities as the result of Tenant’s use of Tenant’s Rooftop Equipment and specifications therefor.
(iib) the amount of any increase in Landlord’s insurance premiums as a result of the installation of Tenant’s Rooftop Equipment. Upon Tenant’s written request to Landlord, Landlord shall have no obligation use commercially reasonable efforts to provide cause other tenants to remedy 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 approve such connections, which approval will not be unreasonably withheld, delayed or conditioned. Tenant shall, at its sole cost and expense and otherwise interference in accordance with the provisions of this Section 9.25, arrange for all utility services required for the operation of the Tenant’s Equipment.
(iii) Tenant shall have no right to make Rooftop Equipment caused by any material changes, alterations or other improvements to such tenants’ equipment installed after the applicable piece of Tenant’s Equipment without Landlord’s prior written consent, which consent will not be unreasonably withheld, delayed or conditionedRooftop Equipment; provided, however, that Landlord shall not be required to request that such tenants waive their rights under their respective leases.
43.4. If Tenant’s Equipment (a) causes physical damage to the structural integrity of the Building, (b) interferes with any telecommunications, mechanical or other systems located at or near or servicing the Building or the Project that were installed prior to the installation of Tenant’s Rooftop Equipment, (c) interferes with any other service provided to other tenants in the Building or the Project by rooftop or penthouse installations that were installed prior to the installation of Tenant’s Rooftop Equipment or (d) interferes with any other tenants’ business, in each case in excess of that permissible under Federal Communications Commission regulations, then Tenant shall cooperate with Landlord to determine the source of the damage or interference and promptly repair such damage and eliminate such interference, in each case at Tenant’s sole cost and expense, within ten (10) days after receipt of notice of such damage or interference (which notice may be oral; provided that Landlord also delivers to Tenant written notice of such damage or interference within twenty-four (24) hours after providing oral notice).
43.5. Landlord reserves the right to cause Tenant to relocate Tenant’s Rooftop Equipment to comparably functional space on the roof or in the penthouse of the Building by giving Tenant prior written notice thereof. Landlord agrees to pay the reasonable costs thereof. Tenant shall arrange for the relocation of Tenant’s Rooftop Equipment within sixty (60) days after receipt of Landlord’s notification of such relocation. In the event Tenant fails to arrange for relocation within such sixty (60)-day period, Landlord shall have the right to maintain and make repairs to and replace from time to time, arrange for the relocation of Tenant’s EquipmentRooftop Equipment in a manner that does not unnecessarily interrupt or interfere with Tenant’s use of the Premises for the Permitted Use.
Appears in 1 contract
Samples: Lease (Halozyme Therapeutics Inc)
Tenant’s Rooftop Equipment. (a) Subject Notwithstanding the foregoing, with Landlord’s prior written consent and subject to the terms and all applicable provisions of this Section 9.25Lease and applicable law, Tenant shall be permitted to install (x) telecommunications equipmentmay, 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 HVAC requirements (collectively, the “HVAC Unit”), in a location or locations on the rooftop of the Building in an area to be mutually agreed upon the parties, provided that such installation does not adversely affect the structural elements or the visual aesthetic of the Building as reasonably determined by Landlord (it being acknowledged that Landlord may reasonably require installation of screening for such installations) in its reasonable discretion. Landlord may require the use of its designated roofing contractor for any penetrations of the roof or other work which could impact the warranty of the roof. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord shall not install, nor permit others to install any telecommunications equipment, antennas or similar installations on the rooftop of the Building or elsewhere on the Site.
(b) Tenant’s use of the Telecom Equipment and the HVAC Unit (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, install energy-related improvements, including, without limitation, solar panels, antennae, and related facilities and other equipment for installing the provision of Communications Services (defined below) on the rooftop or in other portions of the Property, but only if such equipment and facilities are solely limited to Tenant’s own use in the conduct of its business from the Property (collectively, “Tenant’s Rooftop Equipment”). In addition Tenant shall be solely responsible for all costs and expenses related to complying the use and maintenance of Tenant’s Rooftop Equipment, the removal of which upon the expiration or earlier termination of this Lease shall be governed by Section 6.06 of this Lease. Tenant agrees that the use of Tenant’s Rooftop Equipment shall in no way interfere with the applicable construction provisions operation and maintenance of any existing communications equipment (including any communications equipment located in the Project but not on the Property which may be the subject of a Communications Agreement (defined below) with Landlord or an affiliate of Landlord), located in the Project, the Building, or any of the Building’s systems. Tenant shall indemnify and hold harmless Landlord (and Landlord’s affiliates, agents, employees, and their affiliates) from all expenses, costs, damages, losses, claims or other expenses and liabilities arising from any such interference. If such interference occurs, Xxxxxx agrees to suspend use of Xxxxxx’s Communications Equipment until the interference has been corrected to the reasonable satisfaction of Landlord. Tenant shall be responsible for all costs associated with any tests deemed necessary to resolve any and all interference caused by Xxxxxx’s Communications Equipment, or any use that is not permitted by this Article. If such interference has not been corrected within twenty (20) days, Landlord may require Tenant to remove those components of Tenant’s Communications Equipment causing such interference, or Landlord will enjoin such interference at Xxxxxx’s sole cost and expense. All operations by Tenant pursuant to this Article shall be lawful and in compliance with all FCC rules and regulations. Also, any installation of Tenant’s Rooftop Equipment shall be commenced and completed in full and strict compliance with the requirement to use a third party contractor or subcontractor (selected from a list of at least three (3) proposed by Xxxxxxxx) for any work involving possible roof penetrations, as set forth in Section 6.05 above. Regardless of any roof warranty or any repair obligations of Landlord in this Lease, Tenant shall not install be solely responsible for the repair of any leaks or operate other damage to the roof membrane resulting from the installation of any portion of the Tenant’s Equipment until Tenant shall have obtained Landlord’s prior written approval, which approval will not be unreasonably withheld, delayed, or conditioned, of Tenant’s plans Rooftop Equipment. As used in this Article, “Communications Services” shall mean the implementation, provision, facilitation and specifications therefor.
maintenance of voice, data, video or other communication services (iior any combination of the foregoing) Landlord including, without limitation: (a) the provision and resale of point-to-point telephone communications (including dedicated long distance service), (b) video communications service, (c) 800-number service, (d) telephone credit or debit card service, (e) audio or video conferencing, paging, voice mail and message centers, (f) data transmission service, (g) access to computer “internet” or other networked computer-based communications, (h) satellite or cable television, (i) wideband digital networks, (j) security services, and (k) provision of telephone, video communication or other telecommunication equipment to consumers of such services; whether now existing or subsequently developed and however provided, including, without limitation, wireless transmission and reception of communication signals. As used in this Article, “Communications Agreements” shall have no obligation to provide any services to the Tenant’s Equipmentmean easements, provided Tenant shall have the right to connect Tenant’s Equipment to existing Base Building utility systems, subject to Landlord’s right to approve such connections, which approval will not be unreasonably withheld, delayed license agreements or conditioned. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 9.25, arrange for all utility services required leases for the operation use of portions of the Tenant’s EquipmentProject by commercial and other providers of telecommunications services.
(iii) Tenant shall have no right to make any material changes, alterations or other improvements to the Tenant’s Equipment without Landlord’s prior written consent, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that Tenant shall have the right to maintain and make repairs to and replace from time to time, the Tenant’s Equipment.
Appears in 1 contract
Samples: Standard Industrial Real Estate Lease (Dendreon Corp)
Tenant’s Rooftop Equipment. (a) Subject to the terms Tenant may install and provisions of this Section 9.25maintain a commercially reasonable and code-compliant generator, Tenant shall be permitted to install (x) telecommunications an antenna, satellite dishes and/or other commercially reasonable communications equipment, related receiving as well as a commercially reasonable and code-compliant deck, all on the roof of the Building, and Landlord shall not charge Tenant any Additional Rent or any other license or other fees or charges for the use of the roof for such equipment (the generator, deck, antenna, satellite dishes or other communication equipment, related cable connections and electrical, fiber and other related telecommunications wiring apparatus connecting the equipment (collectivelyand the Premises are herein collectively referred to as, the “Telecom Rooftop Equipment”) and (y) HVAC equipment and any and all related equipment to accommodate Tenant’s HVAC requirements (collectively, the “HVAC Unit”), in a location or locations on the rooftop of the Building in an area to be mutually agreed upon the parties, provided that such installation does not adversely affect the structural elements or the visual aesthetic of the Building as reasonably determined by Landlord (it being acknowledged that Landlord may reasonably require installation of screening for such installations) in its reasonable discretion. Landlord may require the use of its designated roofing contractor for any penetrations of the roof or other work which could impact the warranty of the roof. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord shall not install, nor permit others to install any telecommunications equipment, antennas or similar installations on the rooftop of the Building or elsewhere on the Site.
(b) Tenant’s use of the Telecom Equipment and the HVAC Unit (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, delayed, or conditioned, of Tenant’s plans and specifications therefor.
(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 prior written, reasonable approval of the size, location, installation and type of any and all such Rooftop Equipment. Landlord shall make available to approve such connectionsTenant access to the roof for the maintenance, which approval will not repair, operation and use of the Rooftop Equipment. All maintenance, repair, and operation activities shall be unreasonably withheld, delayed or conditioned. Tenant shall, conducted at its Tenant’s sole cost and expense expense. All Rooftop Equipment and otherwise in accordance with the provisions any replacements thereof shall be deemed a Specialty Alteration for purposes of this Section 9.25, arrange for all utility services required for Lease and must be removed by Tenant at the operation expiration or sooner termination of the Term with Tenant being responsible to repair and restore any areas affected by such installations or removal. Tenant’s Equipment.
(iii) removal, repair and restoration obligations under this Article 39 shall survive the expiration or sooner termination of this Lease. All of the Rooftop Equipment shall be located only in those areas of the roof reasonably designated by Landlord. Landlord shall reasonably cooperate with Tenant in connection with connecting the Rooftop Equipment and the Premises and permitting reasonable, non-exclusive access through the Building’s existing risers and conduits, as may be necessary, subject to Landlord’s reasonable approval. Tenant shall have no right to make any material changes, alterations or other improvements to the Tenant’s Equipment without Landlord’s prior written consent, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that Tenant shall also have the right to maintain reasonably connect is own fiber optic systems to the systems existing in the Building, subject to Landlord’s reasonable approval as to the nature and make repairs to and replace from time to time, the Tenant’s Equipmentdetails of such connections.
Appears in 1 contract
Tenant’s Rooftop Equipment. Tenant may install and maintain commercially reasonable and code-compliant antennae, satellite dishes and/or other commercially reasonable communications equipment, as well as other commercially reasonable and code-compliant communications devices, all on the roof of the Pavilion Building and/or Tower Building, and Landlord shall not charge Tenant any Additional Rent or any other license or other fees or charges for the use of the roof for such equipment (a) the deck, antenna, satellite dishes or other communication equipment, and electrical, fiber and other wiring apparatus connecting the equipment and the Pavilion Premises are herein collectively referred to as, the "Rooftop Equipment"), subject to Landlord's prior written, reasonable approval of the size, location, installation and type of any and all such Rooftop Equipment. Subject to the terms and provisions conditions of this Section 9.2540.01, Tenant Landlord hereby approves Tenant's installation of no more than three (3) commercially reasonable and code-compliant satellite dishes (each to be installed on a base not exceeding 5' in height, and each dish having a diameter of no greater than 3 meters) all such installations to be located within a 645 square foot area that provides unobstructed sightlines to southwest exposure, which area shall be permitted designated by Landlord on the shared roof of the Tower Building. Landlord shall make available to install (x) telecommunications equipmentTenant reasonable access to the roof for the installation, related receiving equipmentmaintenance, related cable connections repair, operation and other related telecommunications equipment (collectivelyuse of the Rooftop Equipment. All installation, the “Telecom Equipment”) maintenance, repair, and (y) HVAC equipment operation activities shall be conducted at Tenant's sole cost and expense. All Rooftop Equipment and any replacements thereof shall be deemed a Specialty Alteration for purposes of this Lease and all related equipment to accommodate Tenant’s HVAC requirements (collectively, must be removed by Tenant at the “HVAC Unit”), in a location expiration or locations on the rooftop sooner termination of the Building in an area Term with Tenant being responsible to be mutually agreed upon repair and restore any areas affected by such installations or removal. Tenant's removal, repair and restoration obligations under this Article 39 shall survive the parties, provided that such installation does not adversely affect the structural elements expiration or the visual aesthetic sooner termination of the Building as reasonably determined by Landlord (it being acknowledged that Landlord may reasonably require installation of screening for such installations) in its reasonable discretionthis Lease. Landlord shall reasonably cooperate with Tenant in connection with connecting the Rooftop Equipment and the Premises and permitting reasonable, non-exclusive access through the Pavilion Building's existing risers and conduits, as may require the use of its designated roofing contractor for any penetrations of the roof or other work which could impact the warranty of the roofbe necessary, subject to Landlord's reasonable approval. Tenant shall also have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord shall not install, nor permit others to install any telecommunications equipment, antennas or similar installations on the rooftop of the Building or elsewhere on the Site.
(b) Tenant’s use of the Telecom Equipment and the HVAC Unit (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 responsibleright, 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, delayed, or conditioned, of Tenant’s plans and specifications therefor.
(ii) Landlord shall have no obligation to provide any services reasonably connect its own fiber 82 optic systems to the Tenant’s Equipment, provided Tenant shall have systems existing in the right to connect Tenant’s Equipment to existing Base Pavilion Building utility systemsand Tower Building, subject to Landlord’s right 's reasonable approval as to approve the nature and details of such connections, which approval will not be unreasonably withheld, delayed or conditioned. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 9.25, arrange for all utility services required for the operation of the Tenant’s Equipment.
(iii) Tenant shall have no right to make any material changes, alterations or other improvements to the Tenant’s Equipment without Landlord’s prior written consent, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that Tenant shall have the right to maintain and make repairs to and replace from time to time, the Tenant’s Equipment.
Appears in 1 contract
Tenant’s Rooftop Equipment. (a) 43.1. Subject to the terms and provisions of this Section 9.25Landlord’s approval, Tenant shall be permitted to install (x) telecommunications equipment, 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 HVAC requirements (collectively, the “HVAC Unit”), in a location or locations on the rooftop may use portions of the Building rooftop to operate, maintain, repair and replace rooftop antennae, mechanical equipment, communications antennas and other equipment installed by Tenant in an area to be mutually agreed upon the parties, provided that such installation does not adversely affect the structural elements or the visual aesthetic of the Building as reasonably determined by Landlord accordance with this Article (it being acknowledged that Landlord may reasonably require installation of screening for such installations) in its reasonable discretion. Landlord may require the use of its designated roofing contractor for any penetrations of the roof or other work which could impact the warranty of the roof. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit (other than to an assignee or subtenant permitted or consented to under this Lease“Tenant’s Rooftop Equipment”). Landlord Tenant’s Rooftop Equipment shall not install, nor permit others to install any telecommunications equipment, antennas or similar installations on the rooftop of the Building or elsewhere on the Site.
(b) be only for Tenant’s use of the Telecom Premises for the Permitted Use.
43.2. Tenant shall install Tenant’s Rooftop Equipment at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate, and in accordance with this Article and the applicable provisions of this Lease regarding Alterations. Tenant’s Rooftop Equipment and the HVAC Unit (collectivelyinstallation thereof shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld. Among other reasons, Landlord may withhold approval if the “installation or operation of Tenant’s Equipment”) shall Rooftop Equipment could reasonably be upon all expected to damage the structural integrity of the conditions of Building or to transmit vibrations or noise or cause other adverse effects beyond the LeasePremises to an extent not customary in first class laboratory Buildings, except as modified below:unless Tenant implements measures that are acceptable to Landlord in its reasonable discretion to avoid any such damage or transmission.
(i) It is understood and agreed that 43.3. Tenant shall be responsiblecomply with any roof or roof-related warranties. Tenant shall obtain a letter from Landlord’s roofing contractor within thirty (30) days after completion of any Tenant work on the rooftop stating that such work did not affect any such warranties. Tenant, at its sole cost and expense, for installing shall inspect the Tenant’s Rooftop Equipment at least annually, and correct any loose bolts, fittings or other appurtenances and repair any damage to the roof caused by the installation or operation of Tenant’s Rooftop Equipment. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install permit the installation, maintenance 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, delayed, or conditioned, operation of Tenant’s plans Rooftop Equipment to violate any Applicable Laws or constitute a nuisance. Tenant shall pay Landlord within thirty (30) days after demand (a) all applicable taxes, charges, fees or impositions imposed on Landlord by Governmental Authorities as the result of Tenant’s use of Tenant’s Rooftop Equipment and specifications therefor.
(iib) the amount of any increase in Landlord’s insurance premiums as a result of the installation of Tenant’s Rooftop Equipment. Upon Tenant’s written request to Landlord, Landlord shall have no obligation use commercially reasonable efforts to provide cause other tenants to remedy 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 approve such connections, which approval will not be unreasonably withheld, delayed or conditioned. Tenant shall, at its sole cost and expense and otherwise interference in accordance with the provisions of this Section 9.25, arrange for all utility services required for the operation of the Tenant’s Equipment.
(iii) Tenant shall have no right to make Rooftop Equipment caused by any material changes, alterations or other improvements to such tenants’ equipment installed after the applicable piece of Tenant’s Equipment without Landlord’s prior written consent, which consent will not be unreasonably withheld, delayed or conditionedRooftop Equipment; provided, however, that Landlord shall not be required to request that such tenants waive their rights under their respective leases.
43.4. If Tenant’s Equipment (a) causes physical damage to the structural integrity of the Building, (b) interferes with any telecommunications, mechanical or other systems located at or near or servicing the Building or the Project that were installed prior to the installation of Tenant’s Rooftop Equipment, (c) interferes with any other service provided to other tenants in the Building or the Project by rooftop or penthouse installations that were installed prior to the installation of Tenant’s Rooftop Equipment or (d) interferes with any other tenants’ business, in each case in excess of that permissible under Federal Communications Commission regulations, then Tenant shall cooperate with Landlord to determine the source of the damage or interference and promptly repair such damage and eliminate such interference, in each case at Tenant’s sole cost and expense, within ten (10) days after receipt of notice of such damage or interference (which notice may be oral; provided that Landlord also delivers to Tenant written notice of such damage or interference within twenty-four (24) hours after providing oral notice).
43.5. Landlord reserves the right to cause Tenant to relocate Tenant’s Rooftop Equipment to comparably functional space on the roof or in the penthouse of the Building by giving Tenant prior written notice thereof. Landlord agrees to pay the reasonable costs thereof. Tenant shall arrange for the relocation of Tenant’s Rooftop Equipment within sixty (60) days after receipt of Landlord’s notification of such relocation. In the event Tenant fails to arrange for relocation within such sixty (60)-day period, Landlord shall have the right to maintain and make repairs to and replace from time to time, arrange for the relocation of Tenant’s EquipmentRooftop Equipment in a manner that does not unnecessarily interrupt or interfere with Tenant’s use of the Premises for the Permitted Use.
Appears in 1 contract
Samples: Lease (Halozyme Therapeutics Inc)