Tenant’s Telecommunications Equipment. (a) Effective as of the Term Commencement Date, Landlord agrees to grant to Tenant a license to use a portion of the roof of the Building and enjoy 24-hour access thereto (the "Rooftop License") at a technologically sufficient location to be proposed by Tenant and approved by Landlord (which approval shall not be unreasonably withheld or delayed provided the installation of the satellite dish in the location proposed by Tenant does not materially and adversely affect (i) the structural integrity of the Building, (ii) any electrical, mechanical, or other system of the Building or (iii) any satellite dish or telecommunications equipment located on the roof or used by or for any other tenant of the Building) (the "Rooftop Installation Area"), with any guide wires to be located therein or within the immediate vicinity. The Rooftop Installation Area is to be used by Tenant solely for the installation, operation, maintenance, repair and replacement during the Term of this Lease of an antenna, satellite dish or other telecommunications devices and equipment, including conduit(s) connecting such equipment to the Premises, solely for the use and convenience of tenant and not for lease or license to third parties, to be located in a vertical chase mutually designated by Landlord and Tenant (collectively, the "Tenant's Telecommunications Equipment"). Tenant's installation and operation of the Tenant's Telecommunications Equipment and its obligations with respect thereto shall be all in accordance with the terms, provisions, conditions and agreements contained in this Lease. (b) Tenant shall install the Tenant's Telecommunications Equipment in the Rooftop Installation Area at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate and in accordance with all of the applicable provisions of this Lease (including, without limitation, Section 3.3). Landlord shall not be obligated to perform any work or incur any expense to prepare the Rooftop Installation Area for Tenant's use thereof. (c) Tenant shall not install or operate the Tenant's Telecommunications Equipment until it receives prior written approval from Landlord, which approval Landlord agrees shall not be unreasonably withheld, conditioned, or delayed provided, and on the condition that Tenant complies with all of the requirements of this Lease (including, without limitation,
Appears in 2 contracts
Samples: Office Lease (Storagenetworks Inc), Office Lease (Storagenetworks Inc)
Tenant’s Telecommunications Equipment. (a) Effective as of the Term Commencement DateSubject to all Applicable Laws, Landlord agrees to grant to Tenant a license to use a portion of the roof of the Building and enjoy 24-hour access thereto (the "Rooftop License") may, at a technologically sufficient location to be proposed by Tenant and approved by Landlord (which approval shall not be unreasonably withheld or delayed provided the installation of the satellite dish in the location proposed by Tenant does not materially and adversely affect (i) the structural integrity of the Building, (ii) any electrical, mechanical, or other system of the Building or (iii) any satellite dish or telecommunications equipment located on the roof or used by or for any other tenant of the Building) (the "Rooftop Installation Area"), with any guide wires to be located therein or within the immediate vicinity. The Rooftop Installation Area is to be used by Tenant solely for the installation, operation, maintenance, repair and replacement during the Term of this Lease of an antenna, satellite dish or other telecommunications devices and equipment, including conduit(s) connecting such equipment to the Premises, solely for the use and convenience of tenant and not for lease or license to third parties, to be located in a vertical chase mutually designated by Landlord and Tenant (collectively, the "Tenant's Telecommunications Equipment"). Tenant's installation and operation of the Tenant's Telecommunications Equipment and its obligations with respect thereto shall be all in accordance with the terms, provisions, conditions and agreements contained in this Lease.
(b) Tenant shall install the Tenant's Telecommunications Equipment in the Rooftop Installation Area at its sole cost and expense, at such times install antennae and related facilities and other equipment for the provision of telecommunications services (the "TELECOMMUNICATIONS EQUIPMENT") on the rooftop or in such manner as Landlord may reasonably designate and in accordance with all other portions of the applicable provisions of this Lease (includingBuilding or elsewhere on the Property, without limitation, Section 3.3). Landlord shall not be obligated but only if such use is solely limited to perform any work or incur any expense to prepare the Rooftop Installation Area for Tenant's own use thereof.
in the conduct of its business (c) Tenant shall not install or operate the "TENANT'S TELECOMMUNICATIONS EQUIPMENT"); provided, however, that co-location of equipment supplied by third parties on Tenant's Telecommunications Equipment until it receives shall be permitted without Landlord's prior written approval from Landlordapproval. Tenant shall be solely responsible for all costs and expenses related to the use and maintenance of Tenant's Telecommunications Equipment, the removal of which approval Landlord agrees shall not be unreasonably withheld, conditioned, upon the expiration or delayed provided, and on the condition that Tenant complies with all of the requirements earlier termination of this Lease (includingshall be governed by Section 6.06 of this Lease. All operations by Tenant pursuant to this Article shall be lawful and in compliance with all rules and regulations of the Federal Communications Commission, without limitation,Federal Aviation Administration, and Clark County Department of Aviation. Consistent with the terms of Sexxxxx 6.05 above, Landlord shall have the right, in its reasonably exercised discretion, to determine the location of any visible Tenant's Telecommunications Equipment on the Building; provided, however, that Landlord shall not require any location that precludes or interferes with the intended operation of Tenant's Telecommunications Equipment. Regardless of any roof warranty or any repair obligations of Landlord in this Lease, Tenant shall be solely responsible for the repair of any leaks or other damage to the roof membrane resulting from the installation of any Tenant's Telecommunications Equipment. Landlord shall include language in all other leases for space in the Project requiring the tenants under such leases to operate any of their Telecommunications Equipment in compliance with all rules and regulations of the Federal Communications Commission, Federal Aviation Administration, and Clark County Department of Aviation.
Appears in 1 contract
Tenant’s Telecommunications Equipment. Tenant shall be permitted, at its sole cost and expense, to install equipment for telecommunications, data transmission and other similar technologies (athe “Tenant’s Telecommunications Equipment”) Effective as on the rooftop of the Term Commencement Date, Landlord agrees to grant to Tenant a license to use a portion Building. The exact specifications of the roof Tenant’s Telecommunications Equipment, the method of installing the Building Tenant’s Telecommunications Equipment and enjoy 24-hour access thereto (the "Rooftop License") at a technologically sufficient location on the rooftop for the Tenant’s Telecommunications Equipment shall all be subject to be proposed by Tenant and approved by Landlord (Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed provided delayed. Tenant and Tenant’s contractors shall have reasonable access to the roof in order to inspect, service, repair, maintain and replace any Tenant’s Telecommunications 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 rooftop. Tenant shall use Landlord’s roof contractor for the installation of flashing for any rooftop penetrations necessary for the satellite dish in placement of the location proposed by Tenant does not materially and adversely affect (i) Tenant’s Telecommunications Equipment on the structural integrity rooftop of the Building. Tenant’s use of the Tenant’s Telecommunications Equipment shall be upon all of the conditions of the Lease, except as modified below:
(iia) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing all necessary connections (the “Connections”) between the Tenant’s Telecommunications 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 electrical, mechanical, or other system portion of the Building until (x) Tenant shall have obtained Landlord’s prior written approval, which approval will not be unreasonably withheld or (iii) any satellite dish or telecommunications equipment located on delayed, of Tenant’s plans and specifications for the roof or used by or for any other tenant placement and installation of the BuildingConnections, 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 "Rooftop Installation Area")lawful installation, with any guide wires 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 located therein or within the immediate vicinity. The Rooftop Installation Area is to be used removed by Tenant solely for upon the installation, operation, maintenance, repair and replacement during the Term expiration or earlier termination of this Lease of an antenna, satellite dish or other telecommunications devices and equipment, including conduit(s) connecting such equipment to the Premises, solely for the use and convenience of tenant and not for lease or license to third parties, to be located in a vertical chase mutually designated by Landlord and Tenant (collectively, the "Tenant's Telecommunications Equipment"). Tenant's installation and operation of the Tenant's Telecommunications Equipment and its obligations with respect thereto shall be all in accordance with the terms, provisions, conditions and agreements contained in this Lease.
(b) Tenant shall install have no obligation to pay Annual Fixed Rent, Tax Excess or Operating Expense Excess in respect of the Tenant's ’s Telecommunications Equipment or the Connections provided that the same are used solely to provide service to Tenant’s business operations in the Rooftop Installation Area Premises (as opposed to being utilized by the telecommunications carrier to provide service to other tenants of the Complex).
(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 Telecommunications Equipment.
(d) Landlord shall have no obligation to provide any services to the Tenant’s Telecommunications Equipment, 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 Telecommunications Equipment to the Premises, subject to Landlord’s right to reasonably approve such connections 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 16.31, arrange for all utility services required for the operation of the Tenant’s Telecommunications Equipment.
(e) Tenant shall, at its sole cost and expense, at such times be solely responsible for all maintenance and in such manner as Landlord may reasonably designate repair to the Tenant’s Telecommunications Equipment and in accordance with all the Connections.
(f) Tenant shall have no right to make any changes, alterations, signs, or other improvements to the Tenant’s Telecommunications Equipment or the Connections without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed.
(g) Tenant shall be responsible for the cost of repairing any damage to the Building or the Site caused by its use of the applicable provisions Tenant’s Telecommunications Equipment and the Connections or any work related thereto.
(h) 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, Section 3.3). Landlord other tenants, licensees or occupants of the Building) shall not be obligated have the right to perform any work or incur any expense connect to prepare the Rooftop Installation Area for Tenant's use thereof’s Telecommunications Equipment other than Tenant.
(ci) To the maximum extent permitted by law, Tenant’s use of the Tenant’s Telecommunications 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 Telecommunications Equipment and the Connections are damaged for any reason.
(j) Tenant shall not install or operate comply with all applicable laws, ordinances and regulations in Tenant’s use of the Tenant's ’s Telecommunications Equipment until it receives prior written approval from Landlord, which approval Landlord agrees and the Connections.
(k) The Tenant’s Telecommunications Equipment and the Connections shall not be unreasonably withheldinterfere with the maintenance, conditioneduse, occupancy or delayed provided, and on the condition that Tenant complies with all operation of the requirements Building by Landlord or any other tenant, occupant or licensee of this Lease the Building (including, without limitation,, interference with any communications equipment, telephones, radios, CATV, MATV, televisions, HVAC systems, elevators or computers in place as of the date Tenant installs Tenant’s Telecommunications Equipment and Connections). 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 Telecommunications Equipment causing such disturbance.
(l) 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 the Tenant’s Telecommunications Equipment and the Connections to another location on the roof of the Building reasonably acceptable to Tenant provided that such relocation does not adversely affect Tenant’s use of Tenant’s Telecommunications Equipment and Landlord makes temporary arrangements for Tenant’s Telecommunications 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 business operations. Any such relocation by Landlord shall not independently (in the absence of another cause) be deemed to constitute a service interruption under Section 7.6(C) above.
(m) In addition to the indemnification provisions set forth in this Lease which shall be applicable to the Tenant’s Telecommunications 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 Tenant’s Telecommunications Equipment and the Connections.
(n) Landlord shall have the right to designate or identify the Tenant’s Telecommunications 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 Telecommunications Equipment.
(o) It is expressly understood and agreed that the Tenant’s Telecommunications 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 Telecommunications 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 Telecommunications 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
Tenant’s Telecommunications Equipment. Tenant shall be permitted, at its sole cost and expense, to install equipment for telecommunications, data transmission and other similar technologies including, without limitation, antennas and satellite dishes (athe “Tenant’s Telecommunications Equipment”) Effective as on the rooftop of the Term Commencement Date, Landlord agrees to grant to Tenant a license to use a portion Building. The exact specifications of the roof Tenant’s Telecommunications Equipment, the method of installing the Building Tenant’s Telecommunications Equipment and enjoy 24-hour access thereto (the "Rooftop License") at a technologically sufficient location on the rooftop for the Tenant’s Telecommunications Equipment shall all be subject to be proposed by Tenant and approved by Landlord (Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed provided delayed. Tenant and Xxxxxx’s contractors shall have reasonable access to the roof in order to inspect, service, repair, maintain and replace any Tenant’s Telecommunications 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 rooftop. Tenant shall use Landlord’s roof contractor for the installation of flashing for any rooftop penetrations necessary for the satellite dish in placement of the location proposed by Tenant does not materially and adversely affect (i) Tenant’s Telecommunications Equipment on the structural integrity rooftop of the Building. Tenant’s use of the Tenant’s Telecommunications Equipment shall be upon all of the conditions of the Lease, except as modified below:
(iia) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing all necessary connections (the “Connections”) between the Tenant’s Telecommunications 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 electrical, mechanical, or other system portion of the Building until (x) Tenant shall have obtained Landlord’s prior written approval, which approval will not be unreasonably withheld or (iii) any satellite dish or telecommunications equipment located on delayed, of Tenant’s plans and specifications for the roof or used by or for any other tenant placement and installation of the BuildingConnections, 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 "Rooftop Installation Area")lawful installation, with any guide wires operation and maintenance of the Connections. Landlord shall inform Xxxxxx at the time of its review of the Connections whether Landlord will require the same to be located therein or within the immediate vicinity. The Rooftop Installation Area is to be used removed by Tenant solely for upon the installation, operation, maintenance, repair and replacement during the Term expiration or earlier termination of this Lease of an antenna, satellite dish or other telecommunications devices and equipment, including conduit(s) connecting such equipment to the Premises, solely for the use and convenience of tenant and not for lease or license to third parties, to be located in a vertical chase mutually designated by Landlord and Tenant (collectively, the "Tenant's Telecommunications Equipment"). Tenant's installation and operation of the Tenant's Telecommunications Equipment and its obligations with respect thereto shall be all in accordance with the terms, provisions, conditions and agreements contained in this Lease.
(b) Tenant shall install have no obligation to pay Annual Fixed Rent, Tax Excess or Operating Expense Excess in respect of the Tenant's ’s Telecommunications Equipment or the Connections provided that the same are used solely to provide service to Tenant’s business operations in the Rooftop Installation Area Premises (as opposed to being utilized by the telecommunications carrier to provide service to other tenants of the Complex).
(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 Telecommunications Equipment.
(d) Landlord shall have no obligation to provide any services to the Tenant’s Telecommunications Equipment, 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 Telecommunications Equipment to the Premises, subject to Landlord’s right to reasonably approve such connections 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 16.30, arrange for all utility services required for the operation of the Tenant’s Telecommunications Equipment.
(e) Tenant shall, at its sole cost and expense, at such times be solely responsible for all maintenance and in such manner as Landlord may reasonably designate repair to the Tenant’s Telecommunications Equipment and in accordance with all the Connections.
(f) Tenant shall have no right to make any changes, alterations, signs, or other improvements to the Tenant’s Telecommunications Equipment or the Connections without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed.
(g) Tenant shall be responsible for the cost of repairing any damage to the Building or the Site caused by its use of the applicable provisions Tenant’s Telecommunications Equipment and the Connections or any work related thereto.
(h) 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, Section 3.3). Landlord other tenants, licensees or occupants of the Building) shall not be obligated have the right to perform any work or incur any expense connect to prepare the Rooftop Installation Area for Tenant's use thereof’s Telecommunications Equipment other than Tenant.
(ci) To the maximum extent permitted by law, Xxxxxx’s use of the Tenant’s Telecommunications 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 Telecommunications Equipment and the Connections are damaged for any reason.
(j) Tenant shall not install or operate comply with all applicable laws, ordinances and regulations in Tenant’s use of the Tenant's ’s Telecommunications Equipment until it receives prior written approval from Landlord, which approval Landlord agrees and the Connections.
(k) The Tenant’s Telecommunications Equipment and the Connections shall not be unreasonably withheldinterfere with the maintenance, conditioneduse, occupancy or delayed provided, and on the condition that Tenant complies with all operation of the requirements Building by Landlord or any other tenant, occupant or licensee of this Lease the Building (including, without limitation,, interference with any communications equipment, telephones, radios, CATV, MATV, televisions, HVAC systems, elevators or computers in place as of the date Tenant installs Tenant’s Telecommunications Equipment and Connections). 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 Telecommunications Equipment causing such disturbance.
(l) 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 the Tenant’s Telecommunications Equipment and the Connections to another location on the roof of the Building reasonably acceptable to Tenant provided that such relocation does not adversely affect Tenant’s use of Tenant’s Telecommunications Equipment and Landlord makes temporary arrangements for Tenant’s Telecommunications 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 Xxxxxx’s business operations. Any such relocation by Landlord shall not independently (in the absence of another cause) be deemed to constitute a service interruption under Section 7.6(C) above.
(m) The Tenant’s Telecommunications Equipment and the Connections shall be deemed to be a part of the Premises for the purposes of the indemnity and insurance provisions of Article XIII above. In addition to and not in limitation of the foregoing, 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 Tenant’s Telecommunications Equipment and the Connections.
(n) Landlord shall have the right to designate or identify the Tenant’s Telecommunications 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 Telecommunications Equipment.
(o) It is expressly understood and agreed that the Tenant’s Telecommunications 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 Telecommunications 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 Telecommunications 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 (A123 Systems, Inc.)
Tenant’s Telecommunications Equipment. (a) Effective as of the Term Commencement Date, Landlord agrees to grant to Tenant a license to use a portion of the roof of the Building and enjoy 24-hour access thereto (the "Rooftop License") at a technologically sufficient location to be proposed by Tenant and approved by Landlord (which approval shall not be unreasonably withheld or delayed provided the installation of the satellite dish in the location proposed by Tenant does not materially and adversely affect (i) the structural integrity of the Building, (ii) any electrical, mechanical, or other system of the Building or (iii) any satellite dish or telecommunications equipment located on the roof or used by or for any other tenant of the Building) (the "Rooftop Installation Area"), with any guide wires to be located therein or within the immediate vicinity. The Rooftop Installation Area is to be used by Tenant solely for the installation, operation, maintenance, repair and replacement during the Term of this Lease of an antenna, satellite dish or other telecommunications devices and equipment, including conduit(s) connecting such equipment to the Premises, solely for the use and convenience of tenant and not for lease or license to third parties, to be located in a vertical chase mutually designated by Landlord and Tenant (collectively, the "Tenant's Telecommunications Equipment"). Tenant's installation and operation of the Tenant's Telecommunications Equipment and its obligations with respect thereto shall be all in accordance with the termspermitted, provisions, conditions and agreements contained in this Lease.
(b) Tenant shall install the Tenant's Telecommunications Equipment in the Rooftop Installation Area at its sole cost and expense, at such times to install equipment for telecommunications, data transmission and in such manner as Landlord may reasonably designate and in accordance with all of the applicable provisions of this Lease (other similar technologies including, without limitation, Section 3.3an antenna or satellite dish (the “Tenant’s Telecommunications Equipment”) on the rooftop of the Building ( the “Building Roof”). Landlord The exact specifications of the Tenant’s Telecommunications Equipment, the method of installing the Tenant’s Telecommunications Equipment and the location on the Building Roof for the Tenant’s Telecommunications Equipment shall all be subject to Landlord’s prior written approval, which shall not be obligated unreasonably withheld or delayed. Tenant and Tenant’s contractors shall have reasonable access to perform the roof in order to inspect, service, repair, maintain and replace any work or incur of Tenant’s Telecommunications Equipment located thereon, subject to Landlord’s commercially reasonable rules and regulations of which Tenant has been given prior notice relative to the access to and use of the Building Roof. Tenant shall use Landlord’s roof contractor for the installation of flashing for any expense to prepare rooftop penetrations necessary for the Rooftop Installation Area for placement of the Tenant's ’s Telecommunications Equipment on the Building Roof. Tenant’s use thereof.of the Tenant’s Telecommunications Equipment shall be upon all of the conditions of the Lease, except as modified below:
(cA) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing all necessary connections (the “Connections”) between the Tenant’s Telecommunications Equipment and the Premises. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install or operate the Tenant's Telecommunications Equipment Connections in any portion of the Building Roof until it receives (x) Tenant shall have obtained Landlord’s prior written approval from Landlordapproval, 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 agrees 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, Landlord’s Tax Expenses Allocable to the Premises or Operating Expenses Allocable to the Premises in respect of the Tenant’s Telecommunications Equipment or the Connections provided that the same are used solely to provide service to Tenant’s business operations in the Premises.
(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 Telecommunications Equipment.
(D) Landlord shall have no obligation to provide any services to the Tenant’s Telecommunications Equipment, provided, however, to the extent not being used by Landlord for operation of the Building, 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 Telecommunications Equipment to the Premises, subject to Landlord’s right to reasonably approve such connections and to Landlord’s commercially 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 2.5, arrange for all utility services required for the operation of the Tenant’s Telecommunications Equipment.
(E) Tenant shall, at its sole cost and expense, be solely responsible for all maintenance and repair to the Tenant’s Telecommunications Equipment and the Connections.
(F) Tenant shall have no right to make any changes, alterations, signs, or other improvements to the Tenant’s Telecommunications Equipment or the Connections without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned, withheld or delayed provided, and on delayed.
(G) Tenant shall be responsible for the condition that Tenant complies with all cost of repairing any damage to the Building Roof or the Building caused by its use of the requirements Tenant’s Telecommunications Equipment and the Connections or any work related thereto.
(H) 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 Building Roof) shall have the right to connect to the Tenant’s Telecommunications Equipment other than Tenant.
(I) To the maximum extent permitted by law, Tenant’s use of the Tenant’s Telecommunications 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 Telecommunications Equipment and the Connections are damaged for any reason.
(J) Tenant shall comply with all applicable Legal Requirements in Tenant’s use of the Tenant’s Telecommunications Equipment and the Connections.
(K) Tenant’s Telecommunications Equipment and the Connections shall not interfere with the maintenance or operation of the Building by Landlord (including, without limitation, interference with any communications equipment, telephones, radios, CATV, MATV, HVAC systems, elevators or systems in place as of the date Tenant installs Tenant’s Telecommunications Equipment and Connections). 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 Telecommunications Equipment causing such disturbance.
(L) Landlord shall have the right, upon no less than ninety (90) days’ notice to Tenant and at Landlord’s sole cost and expense, if necessary for the operation of the Building by Landlord or the performance of Landlord’s express obligations under this Lease, to relocate the Tenant’s Telecommunications Equipment and the Connections to another location on the Building Roof reasonably acceptable to Tenant provided that such relocation does not adversely affect Tenant’s use of Tenant’s Telecommunications Equipment and Landlord makes temporary arrangements for Tenant’s Telecommunications 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 business operations. Any such relocation by Landlord shall not independently (in the absence of another cause) be deemed to constitute a service interruption under Section 7.7 above.
(M) The Tenant’s Telecommunications Equipment and the Connections shall be deemed to be a part of the Premises for the purposes of the indemnity and insurance provisions of Article XIII above. In addition to and not in limitation of the foregoing, 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 Tenant’s Telecommunications Equipment and the Connections.
(N) Landlord shall designate or identify the Tenant’s Telecommunications Equipment and any related components or conduits with or by a lease or license number (or other marking) and shall place such number (or marking) on or near such Tenant’s Telecommunications Equipment.
(O) It is expressly understood and agreed that the Tenant’s Telecommunications 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 Telecommunications Equipment.
Appears in 1 contract
Tenant’s Telecommunications Equipment. (a) Effective as of Notwithstanding the Term Commencement Dateforegoing, Landlord agrees to grant to Tenant a license to use a portion of the roof of the Building and enjoy 24-hour access thereto (the "Rooftop License") at a technologically sufficient location to be proposed by Tenant and approved by Landlord with Landlord’s prior written consent (which approval shall not be unreasonably withheld or delayed provided the installation of the satellite dish in the location proposed by Tenant does not materially withheld) and adversely affect (i) the structural integrity of the Building, (ii) any electrical, mechanical, or other system of the Building or (iii) any satellite dish or telecommunications equipment located on the roof or used by or for any other tenant of the Building) (the "Rooftop Installation Area"), with any guide wires subject to be located therein or within the immediate vicinity. The Rooftop Installation Area is to be used by Tenant solely for the installation, operation, maintenance, repair and replacement during the Term all applicable provisions of this Lease of an antennaand applicable law, satellite dish or other telecommunications devices and equipmentTenant may, including conduit(s) connecting such equipment to the Premises, solely for the use and convenience of tenant and not for lease or license to third parties, to be located in a vertical chase mutually designated by Landlord and Tenant (collectively, the "at Tenant's Telecommunications Equipment"). Tenant's installation and operation of the Tenant's Telecommunications Equipment and its obligations with respect thereto shall be all in accordance with the terms, provisions, conditions and agreements contained in this Lease.
(b) Tenant shall install the Tenant's Telecommunications Equipment in the Rooftop Installation Area at its ’s sole cost and expense, at such times and install Telecommunications Equipment (defined below) on the rooftop or in such manner as Landlord may reasonably designate and in accordance with all other portions of the applicable provisions Building, but only if such Telecommunications Equipment is solely limited to Tenant’s own use in the conduct of its business from the Property or for the use of Tenant’s Customers in the conduct of their business in the ordinary course (“Tenant’s Telecommunications Equipment”). Tenant shall be solely responsible for all costs and expenses related to the use and maintenance of Tenant’s Telecommunications 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 Telecommunications Equipment shall in no way interfere with the operation and maintenance of the Building, or any of the Building’s systems. Tenant shall indemnify and hold Landlord harmless from all expenses, costs, damages, losses, claims or other expenses and liabilities arising from any such interference. If such interference occurs, Tenant agrees to suspend use of Tenant’s Telecommunications Equipment until the interference has been corrected to the sole satisfaction of Landlord. Tenant shall be responsible for all costs associated with any tests deemed necessary to resolve any and all interference caused by Tenant’s Telecommunications 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 Telecommunications Equipment causing such interference, or Landlord will enjoin such interference at Tenant’s sole cost and expense. All operations by Tenant pursuant to this Article shall be lawful and in compliance with rules and regulations of the Federal Communications Commission, the Federal Aviation Administration, and the Xxxxx County Department of Aviation. Consistent with the terms of Section 6.05 above, Landlord shall have the right, in its sole discretion, to determine the location of any visible Tenant’s Telecommunications Equipment and require its screening at Tenant’s sole cost and expense. Also, any rooftop installation of Tenant’s Telecommunications Equipment shall be commenced and completed in full and strict compliance with the requirement to use a contractor or subcontractor selected by Landlord 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 be solely responsible for the repair of any leaks or other damage to the roof membrane resulting from the installation of any Tenant’s Telecommunications Equipment. As used in this Article, “Telecommunications Equipment” means antennae and related facilities for the provision of Telecommunications Services. As used in this Article, “Telecommunications Services” shall mean the implementation, provision, facilitation and maintenance of voice, data, video or other communication services (or any combination of the foregoing) 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, Section 3.3). Landlord shall not be obligated to perform any work or incur any expense to prepare the Rooftop Installation Area for Tenant's use thereofwireless transmission and reception of communication signals.
(c) Tenant shall not install or operate the Tenant's Telecommunications Equipment until it receives prior written approval from Landlord, which approval Landlord agrees shall not be unreasonably withheld, conditioned, or delayed provided, and on the condition that Tenant complies with all of the requirements of this Lease (including, without limitation,
Appears in 1 contract
Samples: Industrial Lease (Switch, Inc.)