Common use of Tenants Rooftop Rights Clause in Contracts

Tenants Rooftop Rights. Subject to this Section 4.7, Tenant may use a portion of the roof of the Building selected by Tenant and reasonably acceptable to Landlord (which area shall consist of at least Tenant’s Percentage Share of Expenses of the total area of the roof which is reasonably available for the installation of rooftop equipment, machinery and facilities) to install, operate and maintain the following (collectively, “Rooftop Equipment”): (i) microwave dishes or similar antennae and/or other equipment/infrastructure for telecommunications solely for Tenant’s use, (ii) equipment and facilities (which may include condensers) which provide supplemental cooling to the Premises and Tenant’s property located therein, and (iii) security equipment of Tenant (which may include cameras and other monitoring devices), at Tenant’s sole cost and expense and free of any charge from Landlord. Tenant’s installation, maintenance, replacement and removal of any Rooftop Equipment must comply with all Requirements, the requirements of any Building roof warranties (provided that Landlord has provided Tenant with true and correct copies of any such roof warranties), all provisions of Article 8 governing Alterations (or Article 17 governing Tenant’s Improvements, if applicable), and the other terms and conditions of this Lease. Among other things, any structural support for the Rooftop Equipment that Landlord reasonably determines is required for the installation of the Rooftop Equipment will be at the sole cost and expense of Tenant, and the installation, operation and maintenance of the Rooftop Equipment will not, among other things, xxxxxx the roof or roof membrane or otherwise cause any material damage to the roof or structural support of the Building, or materially interfere with the operation of any existing Building systems or equipment or with any systems or equipment of other tenants in the Building existing at the time of Tenant’s installation of the Rooftop Equipment. Landlord shall not interfere with, nor shall Landlord permit any other person or entity (including any other tenant of the Building) to interfere with, Tenant’s installation, operation and maintenance of the Telecommunications Equipment. Tenant shall obtain and thereafter maintain any governmental approvals required for the Rooftop Equipment. Tenant will be allowed reasonable access to the Rooftop Equipment area for the purpose of maintaining and servicing Tenant’s Rooftop Equipment. All Rooftop Equipment will remain the personal property of Tenant, will be located and maintained at Tenant’s sole cost and risk, and must be properly removed by Tenant at the end of the Term pursuant to the provisions of Article 16. The provisions of this Section 4.7 will govern and control over any contrary or inconsistent provisions of the Building Rules (including, without limitation, Building Rule No.3).

Tenants Rooftop Rights. Subject to this Section 4.7, (a) Tenant may use locate and install a portion of microwave, satellite, cell tower, or other antenna communications system, including the related installation apparatus and facilities (collectively, “Equipment”) on the roof of the Building selected by Tenant upon prior written notice to Landlord, provided that (a) the installation and reasonably acceptable to Landlord (which area shall consist of at least Tenant’s Percentage Share of Expenses maintenance of the total area Equipment is in conformity with all applicable zoning and other laws, and (b) the location, installation and maintenance of the Equipment shall (i) be subject to and completed in accordance with the terms and conditions all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to time; (ii) be located on that part of the roof which is reasonably available for the installation of rooftop equipment, machinery and facilities) as Landlord may from time to install, operate and maintain the following (collectively, “Rooftop Equipment”): (i) microwave dishes or similar antennae and/or other equipment/infrastructure for telecommunications solely for Tenant’s use, (ii) equipment and facilities (which may include condensers) which provide supplemental cooling to the Premises and Tenant’s property located therein, time designate; and (iii) security shall not unreasonably interfere with the use of any other communications equipment installed on the roof prior to the time Tenant installs the Equipment. (b) Tenant shall have the right to run appropriate electrical cabling from the Property to connect to its Equipment. Tenant shall not be obligated to pay any additional rent for such use of Tenant (which may include cameras and other monitoring devices)the roof. Tenant, at Tenant’s its sole cost and expense expense, will keep the Equipment and surrounding area in good order and repair and free of from any charge from Landlordhazard to person or property. Landlord shall use commercially reasonable efforts to ensure that any subsequent rooftop user does not impair Tenant’s installation, maintenance, replacement data transmission and removal of any Rooftop Equipment must comply with all Requirements, reception and (c) Tenant shall have the requirements of any Building right to sublease the roof warranties (provided that Landlord has provided Tenant with true and correct copies of any such roof warranties), all provisions of Article 8 governing Alterations (or Article 17 governing Tenant’s Improvements, if applicable), and to cellular phone providers during the other terms and conditions Term of this Lease, provided that such subleases are at all times subject and subordinate to this Lease. Among other thingsTenant agrees that it shall not permit such sublease without the prior written approval of the Landlord. Any denial of such sublease by Landlord must be predicated upon a “commercially reasonable basis” for such denial. Tenant shall retain any revenue paid in connection with such sublease. (d) Upon termination of this Lease, any structural support for Tenant, at its sole cost and expense, shall remove the Rooftop Equipment that Landlord reasonably determines is required for and shall restore the roof of the Building to its condition existing prior to the installation of the Rooftop Equipment will be at the sole cost Equipment, ordinary wear and expense of Tenant, and the installation, operation and maintenance of the Rooftop Equipment will not, among other things, xxxxxx the roof or roof membrane or otherwise cause any material damage to the roof or structural support of the Building, or materially interfere with the operation of any existing Building systems or equipment or with any systems or equipment of other tenants in the Building existing at the time of Tenant’s installation of the Rooftop Equipment. Landlord shall not interfere with, nor shall Landlord permit any other person or entity (including any other tenant of the Building) to interfere with, Tenant’s installation, operation and maintenance of the Telecommunications Equipment. Tenant shall obtain and thereafter maintain any governmental approvals required for the Rooftop Equipment. Tenant will be allowed reasonable access to the Rooftop Equipment area for the purpose of maintaining and servicing Tenant’s Rooftop Equipment. All Rooftop Equipment will remain the personal property of Tenant, will be located and maintained at Tenant’s sole cost and risk, and must be properly removed by Tenant at the end of the Term pursuant to the provisions of Article 16. The provisions of this Section 4.7 will govern and control over any contrary or inconsistent provisions of the Building Rules (including, without limitation, Building Rule No.3)tear excepted.

Tenants Rooftop Rights. Subject to this Section 4.7, (a) Tenant may use locate and install a portion of microwave, satellite, cell tower, or other antenna communications system, including the related installation apparatus and facilities (collectively, “Equipment”) on the roof of the Building selected by Tenant upon prior written notice to Landlord, provided that (a) the installation and reasonably acceptable to Landlord (which area shall consist of at least Tenant’s Percentage Share of Expenses maintenance of the total area Equipment is in conformity with all applicable zoning and other laws, and (b) the location, installation and maintenance of the Equipment shall (i) be subject to and completed in accordance with the terms and conditions all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to time; (ii) be located on that part of the roof which is reasonably available for the installation of rooftop equipment, machinery and facilities) as Landlord may from time to install, operate and maintain the following (collectively, “Rooftop Equipment”): (i) microwave dishes or similar antennae and/or other equipment/infrastructure for telecommunications solely for Tenant’s use, (ii) equipment and facilities (which may include condensers) which provide supplemental cooling to the Premises and Tenant’s property located therein, time designate; and (iii) security shall not unreasonably interfere with the use of any other communications equipment installed on the roof prior to the time Tenant installs the Equipment. (b) Tenant shall have the right to run appropriate electrical cabling from the Property to connect to its Equipment. Tenant shall not be obligated to pay any additional rent for such use of Tenant (which may include cameras and other monitoring devices)the roof. Tenant, at Tenant’s its sole cost and expense expense, will keep the Equipment and surrounding area in good order and repair and free of from any charge from Landlordhazard to person or property. Landlord shall use commercially reasonable efforts to ensure that any subsequent rooftop user does not impair Tenant’s installation, maintenance, replacement data transmission and removal of reception and shall cooperate with Tenant in eliminating any Rooftop Equipment must comply with all Requirements, interference caused by any other party using the requirements of any Building roof. (c) Tenant shall have the right to sublease the roof warranties (provided that Landlord has provided Tenant with true and correct copies of any such roof warranties), all provisions of Article 8 governing Alterations (or Article 17 governing Tenant’s Improvements, if applicable), and to cellular phone providers during the other terms and conditions Term of this Lease, provided that such subleases are at all times subject and subordinate to this Lease. Among other thingsTenant agrees that it shall not permit such sublease without the prior written approval of the Landlord. Any denial of such sublease by Landlord must be predicated upon a “commercially reasonable basis” for such denial. Tenant shall retain any revenue paid in connection with such sublease. (d) Upon termination of this Lease, any structural support for Tenant, at its sole cost and expense, shall remove the Rooftop Equipment that Landlord reasonably determines is required for and shall restore the roof of the Building to its condition existing prior to the installation of the Rooftop Equipment will be at the sole cost Equipment, ordinary wear and expense of Tenant, and the installation, operation and maintenance of the Rooftop Equipment will not, among other things, xxxxxx the roof or roof membrane or otherwise cause any material damage to the roof or structural support of the Building, or materially interfere with the operation of any existing Building systems or equipment or with any systems or equipment of other tenants in the Building existing at the time of Tenant’s installation of the Rooftop Equipment. Landlord shall not interfere with, nor shall Landlord permit any other person or entity (including any other tenant of the Building) to interfere with, Tenant’s installation, operation and maintenance of the Telecommunications Equipment. Tenant shall obtain and thereafter maintain any governmental approvals required for the Rooftop Equipment. Tenant will be allowed reasonable access to the Rooftop Equipment area for the purpose of maintaining and servicing Tenant’s Rooftop Equipment. All Rooftop Equipment will remain the personal property of Tenant, will be located and maintained at Tenant’s sole cost and risk, and must be properly removed by Tenant at the end of the Term pursuant to the provisions of Article 16. The provisions of this Section 4.7 will govern and control over any contrary or inconsistent provisions of the Building Rules (including, without limitation, Building Rule No.3)tear excepted.

Tenants Rooftop Rights. Subject to this Section 4.7, Tenant may use locate and install a portion of microwave, satellite, cell tower, or other antenna communications system, including the related installation apparatus and facilities (collectively, “Equipment”) on the roof of the Building selected by Tenant upon prior written notice to Landlord, provided that (a) the installation and reasonably acceptable to Landlord (which area shall consist of at least Tenant’s Percentage Share of Expenses maintenance of the total area Equipment is in conformity with all applicable zoning and other laws, and (b) the location, installation and maintenance of the Equipment shall (i) be subject to and completed in accordance with the terms and conditions all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to time; (ii) be located on that part of the roof which is reasonably available for the installation of rooftop equipment, machinery and facilities) as Landlord may from time to install, operate and maintain the following (collectively, “Rooftop Equipment”): (i) microwave dishes or similar antennae and/or other equipment/infrastructure for telecommunications solely for Tenant’s use, (ii) equipment and facilities (which may include condensers) which provide supplemental cooling to the Premises and Tenant’s property located therein, time designate; and (iii) security shall not unreasonably interfere with the use of any other communications equipment installed on the roof prior to the time Tenant installs the Equipment. Tenant shall also have the right to run appropriate electrical cabling from the Premises to connect to its Equipment. Tenant shall not be obligated to pay any additional rent for such use of Tenant (which may include cameras and other monitoring devices)the roof. Tenant, at Tenant’s its sole cost and expense expense, will keep the Equipment and surrounding area in good order and repair and free of from any charge from Landlordhazard to person or property. Landlord shall use commercially reasonable efforts to ensure that any subsequent rooftop user does not impair Tenant’s installation, maintenance, replacement data transmission and removal of reception and shall cooperate with Tenant in eliminating any Rooftop Equipment must comply with all Requirements, interference caused by any other party using the requirements of any Building roof warranties (provided that Landlord has provided Tenant with true and correct copies of any such roof warranties), all provisions of Article 8 governing Alterations (or Article 17 governing Tenant’s Improvements, if applicable), and the other terms and conditions roof. Upon termination of this Lease. Among other things, any structural support for Tenant, at its sole cost and expense, shall remove the Rooftop Equipment that Landlord reasonably determines is required for and shall restore the roof of the Building to its condition existing prior to the installation of the Rooftop Equipment will be at Equipment, ordinary wear and tear excepted. aa. PTRC. To the sole cost extent Landlord or any owner of Landlord is a physician, the parties acknowledge that this Lease is subject to the review and expense approval of Tenant’s Physician Transaction Review Committee (“PTRC”). In the event that this Lease has been executed and final approval by the PTRC is not received in a timely manner, and the installation, operation and maintenance of the Rooftop Equipment will not, among other things, xxxxxx the roof this Lease shall automatically terminate. Such termination shall be considered without harm or roof membrane or otherwise cause any material damage to either party.] bb. Right of First Offer. [Optional: This section to be used if no ground lease.] In the roof or structural support of event that at any time during the Building, or materially interfere with the operation of any existing Building systems or equipment or with any systems or equipment of other tenants Term space in the Building existing at is vacant and available for lease to a third party (the time “ROFO Space”), Landlord shall so notify Tenant in writing of the availability of such space (a “ROFO Notice”) and Tenant shall have thirty (30) days from receipt of the ROFO Notice to notify Tenant in writing of Tenant’s installation exercise of its option to lease the Rooftop Equipment. Landlord shall not interfere with, nor shall Landlord permit any other person or entity (including any other tenant of ROFO Space on the Building) to interfere with, Tenant’s installation, operation terms and maintenance of conditions contained in the Telecommunications Equipment. Tenant shall obtain and thereafter maintain any governmental approvals required for the Rooftop Equipment. Tenant will be allowed reasonable access to the Rooftop Equipment area for the purpose of maintaining and servicing Tenant’s Rooftop Equipment. All Rooftop Equipment will remain the personal property of Tenant, will be located and maintained at Tenant’s sole cost and riskROFO Notice, and must be properly removed by Tenant at otherwise on commercially reasonable terms and conditions (the end “Right of the Term pursuant to the provisions of Article 16First Offer”). The provisions ROFO Notice shall identify the space, base rental, date of this Section 4.7 will govern and control over any contrary or inconsistent provisions of the Building Rules (includingavailability, without limitation, Building Rule No.3).tenant improvement

Tenants Rooftop Rights. Subject to this Section 4.7, Tenant may use locate and install a portion of microwave, satellite, cell tower, or other antenna communications system, including the related installation apparatus and facilities (collectively, “Equipment”) on the roof of the Building selected by Tenant upon prior written notice to Landlord, provided that (a) the installation and reasonably acceptable to Landlord (which area shall consist of at least Tenant’s Percentage Share of Expenses maintenance of the total area Equipment is in conformity with all applicable zoning and other laws, and (b) the location, installation and maintenance of the Equipment shall (i) be subject to and completed in accordance with the terms and conditions all applicable governmental laws, codes, rules, regulations and ordinances in effect from time to time; (ii) be located on that part of the roof which is reasonably available for the installation of rooftop equipment, machinery and facilities) as Landlord may from time to install, operate and maintain the following (collectively, “Rooftop Equipment”): (i) microwave dishes or similar antennae and/or other equipment/infrastructure for telecommunications solely for Tenant’s use, (ii) equipment and facilities (which may include condensers) which provide supplemental cooling to the Premises and Tenant’s property located therein, time designate; and (iii) security shall not unreasonably interfere with the use of any other communications equipment installed on the roof prior to the time Tenant installs the Equipment. Tenant shall also have the right to run appropriate electrical cabling from the Premises to connect to its Equipment. Tenant shall not be obligated to pay any additional rent for such use of Tenant (which may include cameras and other monitoring devices)the roof. Tenant, at Tenant’s its sole cost and expense expense, will keep the Equipment and surrounding area in good order and repair and free of from any charge from Landlordhazard to person or property. Landlord shall use commercially reasonable efforts to ensure that any subsequent rooftop user does not impair Tenant’s installation, maintenance, replacement data transmission and removal of reception and shall cooperate with Tenant in eliminating any Rooftop Equipment must comply with all Requirements, interference caused by any other party using the requirements of any Building roof warranties (provided that Landlord has provided Tenant with true and correct copies of any such roof warranties), all provisions of Article 8 governing Alterations (or Article 17 governing Tenant’s Improvements, if applicable), and the other terms and conditions roof. Upon termination of this Lease. Among other things, any structural support for Tenant, at its sole cost and expense, shall remove the Rooftop Equipment that Landlord reasonably determines is required for and shall restore the roof of the Building to its condition existing prior to the installation of the Rooftop Equipment will be at Equipment, ordinary wear and tear excepted. aa. PTRC. To the sole cost and expense extent Landlord or any owner of TenantLandlord is a physician, and the installation, operation and maintenance of the Rooftop Equipment will not, among other things, xxxxxx the roof or roof membrane or otherwise cause any material damage parties acknowledge that this Lease is subject to the roof or structural support of the Building, or materially interfere with the operation of any existing Building systems or equipment or with any systems or equipment of other tenants in the Building existing at the time review and approval of Tenant’s installation of Physician Transaction Review Committee (“PTRC”). In the Rooftop Equipmentevent that this Lease has been executed and final approval by the PTRC is not received in a timely manner, this Lease shall automatically terminate. Landlord Such termination shall not interfere with, nor shall Landlord permit any other person be considered without harm or entity (including any other tenant of the Building) damage to interfere with, Tenant’s installation, operation and maintenance of the Telecommunications Equipment. Tenant shall obtain and thereafter maintain any governmental approvals required for the Rooftop Equipment. Tenant will be allowed reasonable access to the Rooftop Equipment area for the purpose of maintaining and servicing Tenant’s Rooftop Equipment. All Rooftop Equipment will remain the personal property of Tenant, will be located and maintained at Tenant’s sole cost and risk, and must be properly removed by Tenant at the end of the Term pursuant to the provisions of Article 16. The provisions of this Section 4.7 will govern and control over any contrary or inconsistent provisions of the Building Rules (including, without limitation, Building Rule No.3)either party.] bb.