Use of Roof. Tenant acknowledges that Landlord has reserved the right to use the roof of Building 3, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed on the roof of the Building, in a location as Landlord and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use of such area or for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to the roof to exercise its rights hereunder shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premises.
Appears in 2 contracts
Samples: Lease Agreement (Formfactor Inc), Lease Agreement (Formfactor Inc)
Use of Roof. Tenant acknowledges that Landlord has reserved the right to use the roof of Building 31, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed on the roof of the Building, in a location as Landlord and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use of such area or for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to the roof to exercise its rights hereunder shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premises.
Appears in 2 contracts
Samples: Lease Agreement (Formfactor Inc), Lease Agreement (Formfactor Inc)
Use of Roof. Tenant acknowledges that Landlord has reserved the right to use the roof of Building 32, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed on the roof of the Building, in a location as Landlord and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use of such area or for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to the roof to exercise its rights hereunder shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premises.
Appears in 2 contracts
Samples: Lease Agreement (Formfactor Inc), Lease Agreement (Formfactor Inc)
Use of Roof. Tenant acknowledges that Landlord has reserved the right to use the roof of Building 3, including the right to lease or license its use. For so long as Tenant and no employee or invitee any Affiliate Transferee, in the aggregate, leases at least sixty five percent (65%) of Tenant shall go upon the roof of Usable Area in the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right be entitled to use 50% of the total area of the roofinstall, in location(s) designated by Landlord maintain and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed operate on the roof of the Building, in for the purpose of Tenant’s business, a location limited number of telecommunications, satellite and other devices that make use of the electromagnetic spectrum (“Telecommunications Devices”) as Landlord may approve in writing, subject to the following requirements and Tenant may mutually agreesubject always to compliance with all covenants or restrictions of record as of the date hereof, applicable laws, building codes, regulations and ordinances. There All such Telecommunication Devices shall be no additional charge payable located in an area of the roof not greater than three hundred (300) square feet, reasonably specified by Landlord. Prior to installing any Telecommunications Devices on the roof of the Building, Tenant shall provide prior written notice to Landlord for of Tenant’s desire to install such Telecommunications Devices on the use roof of such area or the Building, together with plans and specifications for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop EquipmentTelecommunications Devices. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain review such plans and remove the Rooftop Equipmentspecifications within ten (10) days after receiving such plans and specifications from Tenant, and within such period notify Tenant shall indemnify if Landlord and be solely responsible, at Tenant's cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with approves the installation of such Telecommunications Devices or disapproves the Rooftop Equipmentinstallation of such Telecommunication Devices, and if Landlord disapproves the installation of such Telecommunication Devices, the reasons therefor. Tenant shall obtain all licenses or approvals required Landlord may withhold its approval to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain installation of Telecommunications Devices on the property of Tenant and upon expiration roof of the LeaseBuilding if such Telecommunication Devices are visible from other locations in the Project or the surrounding areas, Tenant shall remove the Rooftop Equipment and repair the Premises and pose any damage material risk to the area upon which physical integrity of the Rooftop Equipment was located to Project or adversely affect the original condition, normal wear and tear exceptedappearance of the Building from surrounding areas. Landlord shall have the right to request that may condition it’s approval of any Telecommunications Devices on Tenant relocate the Rooftop Equipmentinstalling any walkways, if necessary, at screening or other devices or material requested by Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all any installation and maintenance costs of any such Telecommunication Devices, as well as any damage caused by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to the roof Building, including without limitation the roof, arising out of or related to exercise its rights hereunder shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, provided that the installation or use by Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premisessuch Telecommunications Device.
Appears in 2 contracts
Use of Roof. Landlord agrees that Tenant acknowledges that Landlord has reserved the right to use the roof of Building 3may, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Initial Improvements, at Tenant's roof use shall be on the following terms sole cost and conditions set forth herein. Subject to Applicable Lawsexpense, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed on the roof of the Building, in a and thereafter maintain, repair and operate one (1) emergency generator, one (1) gas heater, one (1) chiller and exhaust vents, fans and fan hoods (together with support structures, duct work, electrical lines and related equipment, the "Roof Equipment"), provided and on condition that: (i) the size and dimensions of the Roof Equipment as well as the location as Landlord and Tenant may mutually agree. There on the roof for such installation shall be subject to Landlord's consent which may be withheld in Landlord's sole discretion, exercised in good faith (provided further that Landlord shall exercise reasonable judgment as long as the Roof Equipment occupies no additional charge payable more than four hundred (400) square feet of roof space designated by Tenant to Landlord for Landlord); (ii) no such equipment shall extend higher than the use parapet of the roof of the Building; (iii) the installation and position of such area or for Roof Equipment shall comply with all laws and legal requirements; (iv) the installation of the Rooftop Equipment. If Roof Equipment shall comply with all laws and legal requirements; and (v) the Rooftop Roof Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond maintained and kept in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsibleTenant, at Tenant's sole cost and expense. Tenant covenants and agrees that the Roof Equipment to be installed by Tenant shall not interfere with or adversely affect any equipment, for the maintenance and repair installations, lines or machinery of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence Building or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation other tenant of the Rooftop EquipmentBuilding, or access thereto for maintenance, repair or removal. Tenant shall obtain all licenses or approvals required not be obligated to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property pay any additional rental on account of Tenant and upon expiration Tenant's use of the Leaseroof of the Building pursuant to this Section 4.7. For the purpose of installing, servicing or repairing the Roof Equipment, Tenant shall remove have access to the Rooftop Equipment roof of the Building upon making prior reasonable request of Landlord. All access by Tenant to the roof of the Building shall be subject to the supervision and repair control of Landlord and to Landlord's reasonable safeguards relating, without limitation, to the Premises security and protection of the Building, the Building equipment and installations and equipment of other tenants of the Building as may be located on the roof of the Building, and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear exceptedroof warranty that may be in effect. Landlord shall have the right to request that Tenant relocate assign an outside consultant to be present during the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlord's use duration of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to the roof to exercise its rights hereunder rooftop and Tenant shall be subject to pay the Landlord's prior approvalout-of-pocket costs therefor as Additional Rent; provided, which however, that in the event Tenant engages United Engineers for structural engineering services, Tenant shall not be unreasonably withheld, provided that Tenant exercises required to pay any additional charges for Landlord to hire an outside structural engineer to review and/or supervise such access rights in a manner that does not void any roof warrantystructural engineering work. Tenant, at Tenant's Rooftop Equipment shall not interfere sole cost and expense, agrees to promptly and faithfully obey, observe and comply with all laws, ordinances, regulations, requirements and rules of all duly constituted public authorities in any manner affecting or relating to Tenant's use of the roof of the Building as to the installation, repair, maintenance and operation of any existing Roof Equipment erected or installed by Tenant pursuant to the provisions of this Section 4.7. Tenant, at Tenant's sole cost and expense, shall secure and thereafter maintain all permits and licenses required for the installation and operation of the Roof Equipment erected or installed by Tenant pursuant to the provisions of this Section 4.7. Upon the expiration of the Term or upon the earlier termination of this Lease in any manner, if Landlord so directs by written notice to Tenant, Tenant shall promptly remove the Roof Equipment as designated in such notice, at Tenant's sole cost and expense. Tenant, at Tenant's sole cost and expense, shall promptly repair any and all damage to the roof top equipment which has been of the Building and to any other part of the Building caused by or resulting from the installation, maintenance and repair, operation or removal of the Roof Equipment erected or installed by Tenant pursuant to the provisions of this Section 4.7 and restore said affected areas to their condition as existed prior to the installation of such equipment. Tenant covenants and agrees that all installations made by Tenant on the roof of the Building or any other part of the Building pursuant to the provisions of this Section 4.7 shall be at the sole risk of Tenant, and neither Landlord nor Landlord's agent or employees shall be liable for any damage or injury thereto caused in any manner, unless the same shall result from the gross negligence or willful misconduct of Landlord, its agents and employees. Tenant will, and does hereby, indemnify and save harmless Landlord from and against any and all claims, costs, demands, expenses, fees or suits arising out accidents, damage, injury or loss to any and all persons and property, or either, whomsoever or whatsoever resulting from or arising in connection with the erection, installation, maintenance and operation and repair of the Roof Equipment, except to the extent caused by the negligence of Landlord, or its agents or employees. If any installations are negligently performed or if Tenant's negligent acts or omissions should revoke, negate or in any manner impair or limit any roof warranty or guaranty obtained by Landlord, then Tenant shall reimburse Landlord for any loss or damage sustained or costs or expenses incurred by Landlord as a result thereof. Tenant shall not be permitted to assign or transfer all or any portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which rights granted to Tenant has submitted installation plans pursuant to Landlord or which this Section 4.7 unless Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating assigns this Lease to the construction of the Premisesparty to whom such rights are assigned or transferred.
Appears in 2 contracts
Samples: Lease Agreement (Praecis Pharmaceuticals Inc), Lease Agreement (Praecis Pharmaceuticals Inc)
Use of Roof. Notwithstanding anything to the contrary contained in this Lease, Tenant acknowledges that Landlord has reserved shall only have the right to use the roof of the Building 3, including for the right purposes permitted pursuant to lease or license its use. Tenant this Article 30 and no employee or invitee of Tenant shall go upon subject to the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions restrictions set forth hereinin this Article 30. Subject to Applicable Laws(a) Landlord's reasonable approval (including, without limitation, approval as to size and location), (b) Tenant's obtaining all governmental approvals, and (c) the provisions and conditions of this Article 30 and of Article 8, above, Tenant shall have the right to install satellite or cause to be installed rooftop equipment antenna devices for the sole use of Tenant, and its permitted subtenants and assignees ("ROOFTOP EQUIPMENT") pursuant to plans in accordance with Article 14), HVAC units, generators, skylights and specifications which shall be subject to similar equipment, and other installations or alterations approved by Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed (collectively, "Rooftop Installations") on the roof of the Building, in a location as Landlord and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use of such area or for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's sole cost and expense, for subject to local laws and ordinance. Notwithstanding anything to the maintenance and repair contrary contained in this Lease, under no circumstances shall Tenant be permitted to place a cell tower, billboard or other signage on the roof of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Building without Landlord's Agentswritten consent, which consent may be withheld in the sole and absolute discretion of Landlord. Tenant agrees and hereby agrees covenants to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon as follows:
30.1.1 The Rooftop Installations shall not project more than ten feet above the Premises or the Center which result from work associated with the installation roof surface of the Building, unless otherwise approved by Landlord which approval shall not be unreasonably withheld, and, if any Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate Installation is visible from the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration ground level within a reasonable vicinity of the LeaseBuilding, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate require reasonable shielding or screening;
30.1.2 Installation, service, repair, maintenance and removal of the Rooftop EquipmentInstallations shall be performed by a reputable contractor that has been approved by Landlord in writing, if necessarywhich approval shall not be unreasonably withheld. Tenant shall have access to the roof of the Building for the purposes of such installation, service, repair, maintenance and removal, only upon at least twenty-four hours advance notice to Landlord and Landlord's property manager and/or when accompanied by Landlord's agent or property manager, except in case of an emergency Tenant shall give Landlord oral notice as soon as reasonably possible;
30.1.3 The provisions of Section 5.3 shall specifically apply to the Rooftop Installations;
30.1.4 Tenant shall be solely liable for the installation, maintenance, repair and removal of the Rooftop Installations, and shall, at Landlord's sole cost request, or as required pursuant to SECTION 8.5 above, remove the Rooftop Installations and expense repair any damage caused by such removal prior to facilitate Landlord's use the expiration or earlier termination of the Lease. The installation of the Rooftop Installations and operation, maintenance and removal of the Rooftop Installations shall be performed (i) in a good and workmanlike manner, so that they would not create a hazard to life or property; (ii) in compliance with all applicable federal, state and local laws, regulations and ordinances, (iii) with due care and regard for safety and in a manner that will not cause injury or death to persons or damage to property; (iv) so that no lien or other encumbrance shall be placed on any portion of the Project, and (v) in a way that will not limit or void any warranty on the roof nor cause nor permit leaking of the roof, nor impair the structural integrity of any building in the Project. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant Any roof penetrations shall be responsible for all damage caused by subject to the provisions of SECTION 8.6, above. In the event that the installation, maintenance, repair and/or removal of the Rooftop Installations causes any roof leaks, notwithstanding anything to the contrary contained in this Lease, Tenant shall be solely liable for the repair of such leaks, and for all damage resulting therefrom.
30.1.5 Subject to the provisions of ARTICLE 8 above, Tenant shall provide such additional structural support as may be reasonably required for such Rooftop Installations, at Tenant's Rooftop Equipment. Tenant's access to the roof to exercise its rights hereunder shall sole cost and expense, provided however, that no support columns may be subject to added without Landlord's prior approval, express written consent (which shall not be unreasonably withheld, withheld provided that Tenant exercises such access rights there is no outstanding uncured material monetary Event of Default (as defined in a manner that does not void Section 19.2.1 (iv)), and any roof warranty. Tenant's Rooftop Equipment work required to reinforce the floors or to increase loading capacity shall not interfere with or diminish the operation usability of other space in the Building, nor reduce the rentable square footage of the Building, unless Tenant agrees to restore such usability or rentable square footage, as the case may be, on or before the expiration or prior termination of the Term.
30.1.6 Landlord agrees that it will not utilize the roof of the Building for the location of any existing roof top equipment which has been installed that is not intended to service the Building. Notwithstanding anything to the contrary contained in this Lease, under no circumstances shall either Landlord or Tenant place a sign on the portion roof of the roof used by Landlord. Landlord shall not install or permit Building, without the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion express written consent of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermoreother party, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, which consent may be withheld in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction sole discretion of the Premisesresponding party.
Appears in 1 contract
Samples: Office Lease (Cytyc Corp)
Use of Roof. Landlord may grant Tenant acknowledges that Landlord has reserved the right a non-exclusive license to use the roof of Building 3the building for the installation, including the right to lease or license its use. Tenant operation, maintenance and no employee or invitee repair of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish dish, not to exceed two (2) meters in diameter, or cluster similar antenna for its own use or that of dishes and ancillary telecommunications equipment in connection with Tenant's business operationsa subtenant or assignee. Tenant's roof use shall rights under this subsection may not be on the following terms and conditions set forth hereinseparately assigned or subleased. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which Tenant's exercise of said license shall be subject to the following: (i) Landlord's prior written approvalreasonable determination that space is available for such purpose at the time Tenant's request is made; (ii) Landlord's reasonable approval of the size, which type, and location of the equipment to be installed; (iii) Landlord's reasonable determination that such use shall not be unreasonably withheld cause damage to or delayed on interference with the roof or any other use being made (or intended to be made) of the Building, roof at that time; and (iv) Tenant's reimbursement of any reasonable out-of-pocket expenses incurred by Landlord in a location as Landlord reviewing Tenant's request and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use of such area or for in supervising the installation of the Rooftop EquipmentTenant's equipment. If the Rooftop Equipment is In addition to be installed on any other rules and regulations Landlord may establish from time to time governing use of the roof, Tenant shall notify comply with the following: (i) Tenant's use of the roof shall be at Tenant's sole risk and expense and Landlord in writing that the Rooftop Equipment is shall have no responsibility therefore and no liability on account of any damage to be installed on the roof. or interference with Tenant equipment; (ii) Tenant shall be solely responsible for complying installing, operating, maintaining and repairing its equipment at its own expense in a manner that causes no interference with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement itself or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlordother person's use of the roof. ; (iii) Tenant covenants that the Rooftop Equipment will be installedshall perform all of such work in such a way as to not damage any building systems or void any warranty or guarantee relating thereto; (iv) Tenant, maintained if required by Landlord, shall use existing building conduits and removed pipes or use building contractors (or other contractors approved by Landlord) in accordance with all Applicable Requirements. performing such work; (v) Tenant shall be responsible for obtaining and paying all government licenses and permits required by law (and shall deliver copies thereof to Landlord as a condition precedent to is use of the roof) and for complying with all applicable laws relating to its exercise of said license; and (vi) Tenant shall remove all of its equipment at or before the expiration of the term of this Lease and shall repair any damage caused by resulting from such removal and restore the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipmentroof and building systems to the condition they were in (ordinary wear and tear excepted) before Tenant exercised said license. Tenant's access exercise of its rights under this subsection shall be considered an alteration subject to Section ____ of this Lease to the roof to exercise extent Section ____ is not inconsistent with the foregoing. In the event Tenant breaches any of its rights hereunder obligations under this subsection beyond any notice and cure period provided in Section ____ of this Lease, then Tenant shall be subject in default under this Lease and in addition to Landlord's prior approvalany other remedy Landlord may have under this Lease, which Landlord may revoke the license granted in this subsection, whereupon Tenant shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion cease its use of the roof used by Landlord. Landlord and shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermoreremove, County of Alamedarepair, State of California, described and restore as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets set forth the terms and conditions relating to the construction of the Premisesabove.
Appears in 1 contract
Samples: Retail Lease Agreement (Colo Com)
Use of Roof. Tenant acknowledges that Landlord has reserved the right to use the roof of Building 3, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, 17.1 Subtenant desires to install a an antenna or satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed on the roof of the Building, and acknowledges that the use of the roof by Subtenant is subject to Landlord's prior consent and to the terms of this Section 17. During the Term hereof, and subject to the consent of Landlord, Subtenant shall have the nonexclusive right to install on the roof of the Building one (1) antenna or satellite dish, in a location as approved by Landlord and Tenant may mutually agreeSublandlord, and with a height and weight approved by Landlord and Sublandlord. There The antenna or satellite dish shall be no additional charge payable enclosed by Tenant a screen, and the antenna or dish, screen and any connecting lines or cables thereto from the Premises (which shall all be subject to Landlord for Landlord's and Sublandlord's consent) shall be referred to herein collectively as the use of such area "Equipment." Subtenant shall not penetrate the roof in connection with any installation or for the installation reinstallation of the Rooftop Equipment without Landlord's and Sublandlord's prior written consent. The plans and specifications for all the Equipment shall be delivered by Subtenant to Sublandlord for its review and approval, and such plans shall include, without limitation, the proposed location of the Equipment. If Sublandlord shall also have the Rooftop Equipment is right to approve all contractors and subcontractors which shall perform such work. Subtenant shall be installed on responsible for any damage to the roof, Tenant conduit systems or other portions of the Building or Building systems as a result of Subtenant's installation, maintenance and/or removal of the Equipment. Subtenant shall notify Landlord not do anything to the roof that adversely affects in writing that any way the Rooftop roof or the roof warranty. Subtenant, at its sole cost and expense, shall comply with all laws and regulations regarding the installation, construction, operation, maintenance and removal of the Equipment is to be installed on the roof. Tenant and shall be solely responsible for complying with (obtaining and maintaining in force all permits, licenses and approvals necessary for such operations. Subtenant shall be responsible for and promptly shall pay all taxes, assessments, charges, fees and other governmental impositions levied or causing its vendor to comply with) assessed on the requirements of such roof warranty Equipment or roof bond based on the operation thereof. Subtenant shall maintain the Equipment in connection with the installation, maintenance, good condition and repair, replacement or removal of the Rooftop Equipmentat Subtenant's sole cost and expense. Tenant shall repair any damage Subtenant's rights hereunder are personal to the roof caused by the installationCutter & Buck, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsibleInc.
17.2 Sublandlord may require Subtenant, at TenantSubtenant's sole cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense Equipment during the Term to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused a location approved by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to the roof to exercise its rights hereunder shall be subject to Landlord's prior approvalSubtenant, which approval shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does conditioned or delayed. Subtenant shall not void change the location of, or alter or install additional Equipment or paint any roof warranty. Tenantof the other Equipment without Sublandlord's Rooftop prior written consent.
17.3 Operation of the Equipment shall not interfere in any manner with equipment systems or utility systems of other tenants of the Project, including without limitation, telephones, dictation equipment, lighting, heat and air conditioning, computers, electrical systems and elevators. If operation of any existing roof top equipment which has been installed on the portion Equipment causes such interference, as determined by Landlord or Sublandlord, Subtenant immediately shall suspend operation of the roof used by Landlord. Landlord Equipment until Subtenant eliminates such interference.
17.4 Subtenant shall not install provide evidence satisfactory to Sublandlord that Subtenant's property and liability insurance policies required under this Sublease include coverage for the Equipment and any claim, loss, damage, or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions liability relating to the construction Equipment.
17.5 Sublandlord shall have no responsibility or liability whatsoever relating to (i) maintenance or repair of the Equipment, (ii) damage to the Equipment; (iii) damage to persons or property relating to the Equipment or the operation thereof; or (iv) interference with use of the Equipment arising out of utility interruption or any other cause. Subtenant shall use the Equipment solely for Subtenant's operations associated with the Subleased Premises.
17.6 Subtenant shall, at Subtenant's sole cost and expense, remove such portions of the Equipment as Sublandlord may designate upon the expiration or earlier termination of this Sublease, and restore the affected areas to their condition prior to installation of the Equipment.
Appears in 1 contract
Use of Roof. Landlord and Tenant acknowledges agree that Landlord has reserved the right Tenant shall be permitted to use the roof of Building 3, including the right subject to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth hereinconditions. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop mechanical equipment on the roof ("ROOFTOP EQUIPMENT"“Mechanical Equipment”). With respect to any remaining portion of the roof on which Mechanical Equipment has not been installed by Tenant (the “Remaining Roof”), Landlord and Tenant agree that (i) Landlord shall have the exclusive right to use 50% of the Remaining Roof, and (ii) Tenant shall have the exclusive right to use 50% of the Remaining Roof to install a satellite dish or cluster of dishes and ancillary telecommunications equipment, or other equipment in connection with Tenant’s business operations (collectively, the “Rooftop Equipment”), with the apportionment of the Remaining Roof to be reasonably acceptable to Landlord and Tenant. There shall be no additional charge payable by Tenant to Landlord for the use of any portion of the roof or for the installation of any equipment on the roof. Tenant agrees to install or cause to be installed the Rooftop Equipment pursuant to plans and specifications which shall be subject to Landlord's ’s prior written approval, which shall not be unreasonably withheld or delayed delayed, on the roof of the Building, in a location as Landlord and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use of such area or for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's ’s cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's ’s Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's ’s liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused by the installation, maintenance, repair and/or removal of Tenant's ’s Rooftop Equipment. Tenant's ’s access to the roof to exercise its rights hereunder shall be subject to Landlord's ’s prior approval, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment on the Remaining Roof reserved for Landlord the operation of which will interfere with with: (i) any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's ’s use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth or (ii) the terms and conditions relating to the construction operations of the PremisesTenant’s business in Building 6 as conducted at the time of such installation. Prior to Landlord’s installation of such rooftop equipment, Landlord shall provide to Tenant plans and specifications for Tenant’s review. All installation work shall be done in a manner to minimize the interference with Tenant’s business operations. Further, to comply with Tenant’s security requirements for the Building, Landlord shall coordinate any roof access with Tenant.”
Appears in 1 contract
Samples: Lease Agreement (Formfactor Inc)
Use of Roof. Tenant acknowledges that Landlord has reserved the right to use the roof of Building 3, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon be entitled to install, operate and maintain (i) microwave antennas or satellite dishes as well as cabling, conduits, piping and fiber options related to such equipment (collectively, the roof “Antenna”), and (ii) solar panels and related equipment (collectively, the “Solar Panels”; and together with the Antenna, the “Roof Equipment”)), at its sole cost and expense (and not to be included in the Project Costs), on the rooftop of the Building, except as otherwise expressly provided herein. Tenant shall have be entitled to retain any financial benefits from the exclusive right to use 50% installation of any third party Roof Equipment in accordance with the total area terms of the roof, in location(s) designated by this Section. Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans approve the location, method of installation, size, aesthetics and specifications which shall be shielding requirements of the Roof Equipment. Tenant, at all reasonable times and subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed on the roof of the Building, in a location such reasonable rules and regulations as Landlord and Tenant may mutually agree. There promulgate, shall be no additional charge payable by Tenant have the right to Landlord enter or leave the rooftop for the use purpose of such area or for accessing the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Roof Equipment. Tenant shall repair obtain all necessary municipal, state and federal permits and authorizations to install, maintain and operate the Roof Equipment and pay any charges levied by governmental agencies in connection therewith. At the expiration of the Term, if requested by Landlord in writing prior to the expiration of the Term, Tenant shall remove the Roof Equipment and surrender and restore the space occupied thereby to Landlord in substantially as good as condition as when received, reasonable wear and tear and damage by casualty and condemnation excepted. Tenant agrees to indemnify and hold Landlord harmless from and against any and all losses, liabilities, costs and damages suffered by Landlord on account of Tenant’s use of the Roof Equipment, including without limitation to any damage to the roof caused by the installation, maintenance, repair, replacement installation or removal use of the Rooftop Roof Equipment. Landlord shall permit Tenant reasonable access to Tenant’s use of the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's cost and expense, rooftop for the maintenance and repair Roof Equipment shall be free of the Rooftop Equipmentcharge, and Landlord shall have no responsibility with respect thereto unless not charge Tenant any additional rent for such use. Notwithstanding anything herein to the same was made necessary by the negligence contrary, Tenant’s installation, use, operation, maintenance and or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation replacement of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Roof Equipment shall remain not, and shall only be permitted by Landlord to the property of Tenant and upon expiration extent it does not, (i) interfere with any of the LeaseBuilding systems, Tenant shall remove the Rooftop Equipment and repair the Premises and (ii) violate any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at of Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to ’s warranties (including the roof warranty), (iii) increase any costs to exercise its rights hereunder shall be subject to Landlord's prior approvalLandlord under Section 5.1, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with or (iii) reduce the operation of any existing roof top equipment which has been installed on the portion useful life of the roof used by Landlordor any other improvement, fixture, equipment or property that Landlord is responsible for maintaining under any warranty, including the warranties set forth in Exhibit B, or Section 5.1. Landlord The provisions of this Section 3.6 shall not install survive for a period of one (1) year from the expiration or permit the installation earlier termination of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premisesthis Lease.
Appears in 1 contract
Samples: Lease Agreement (Blackbaud Inc)
Use of Roof. (A) Landlord hereby grants to Tenant acknowledges that Landlord has reserved a non- exclusive license, subject to the right terms and conditions of this Paragraph 27, at Tenant's sole cost and expense, to use the roof of Building 3, including the right to lease or license its use. Tenant install and no employee or invitee of Tenant shall go upon maintain on the roof of the Building, except as otherwise expressly provided hereinduring the Lease Term, communications equipment used in the conduct of Tenant's business at the Premises ("Communications Equipment"). Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which shall be subject to obtain Landlord's prior written approval, which shall not be unreasonably withheld or delayed delayed, with respect to the type, size, number and location of the Communications Equipment, as well as the method of installation of the Communications Equipment. Landlord may require that the Communications Equipment be located to minimize its visibility (including from neighboring buildings), and/or that screens or walls be installed, at Tenant's expense, to reduce the visibility of the Communications Equipment. In no event shall any of Tenant's installations be made through the roof surface of the Building without the prior written consent of Landlord. Further, in installing the Communications Equipment, Tenant shall protect (and pay the cost of repairing any damage caused to) the roof of the Building, and shall perform such installation (including any roof penetrations) in a manner so as to keep in full force and effect any warranty concerning the roof of the Building. Tenant shall not install any Communications Equipment the weight of which exceeds the structural loading capacities of the roof of the Building.
(B) Tenant shall give Landlord at least 48 hours' prior written notice each time Tenant, or any Tenant Parties, intends to go onto the roof of the Building for the purpose of installing or removing Communications Equipment, and Tenant shall comply with all reasonable requirements imposed by Landlord for the protection of the roof. Without limiting the generality of the foregoing, Landlord may require that Tenant or any Tenant Parties be accompanied by a representative of Landlord while on the roof of the Building. Tenant, in a location as Landlord at its sole cost and Tenant may mutually agree. There expense shall be no additional charge payable by Tenant to Landlord for the use of such area or for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying comply with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond all Applicable Laws in connection with the installation, maintenance, repair, replacement or removal maintenance and use of the Rooftop Communications Equipment, including, without limitation, procuring and maintaining all permits and approvals from governmental agencies having jurisdiction. Promptly after request by Landlord, Tenant shall provide Landlord with copies of all such permits and approvals. In addition, Tenant shall pay all federal, state and local taxes applicable to the license granted herein or to installation, maintenance or operation of the Communications Equipment. Tenant Landlord makes no representations or warranties whatsoever with respect to Tenant's ability to install the Communications Equipment in compliance with Applicable Laws or the fitness or suitability of the roof of the Building for the installation, maintenance and operation of the Communications Equipment, including, without limitation, the quality and clarity of any receptions and transmissions to or from the Communications Equipment or the presence of any interference with such signals. Notwithstanding anything to the contrary in this Xxxxxxxxx 00, Xxxxxxxx agrees not (i) to permit third parties to install equipment on the roof of the Building that would interfere with Tenant's Communications Equipment or Tenant's use of its roof deck, or (ii) to voluntarily enter into private agreements with adjoining property owners to limit the height or otherwise restrict the equipment that may be placed on the roof of the Building. Upon the expiration or earlier termination of the Lease Term, Tenant, at its sole cost and expense, shall remove the Communications Equipment and all related cabling, and shall repair any all damage to the roof or other damage to the Building caused by such removal.
(C) To the installationmaximum extent permitted by law, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsibleprotect, at Tenant's cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord and the other Indemnitees, and each of them, harmless form from and against any mechanics and all Claims arising from or materialmen's liens upon the Premises or the Center which result from work associated connected in any way with the installation installation, operation, maintenance, repair, use or removal of the Rooftop Communications Equipment. , or any acts or omissions of Tenant shall obtain all licenses or approvals any Tenant Party pursuant to the license granted herein, except to the extent caused by the gross negligence or willful misconduct of Landlord and not covered by the insurance required to install be carried by Tenant hereunder or except to the extent such release and/or indemnity obligation is prohibited by law. Landlord shall have no responsibility for the Communications Equipment, and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and not be liable for any damage to the area upon which the Rooftop Communications Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirementsno matter how caused. Tenant shall be responsible for all cause the insurance policies maintained by Tenant pursuant to Paragraph 14 to cover damage caused by to the installation, maintenance, repair and/or removal of Communications Equipment and Tenant's Rooftop Equipmentindemnification obligations hereunder. Tenant's access to The foregoing indemnity shall survive expiration or earlier termination of this Lease and the roof to exercise its rights hereunder shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premiseslicense granted herein.
Appears in 1 contract
Samples: Office Lease (Cnet Networks Inc)
Use of Roof. Tenant acknowledges that Landlord has reserved the shall have a nonexclusive right to install, at Tenant's sole cost and expense, communications equipment reasonably related to Tenant's permitted use of the roof of Building 3, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon Premises on the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Building for Tenant's business operationspersonal, nonprofit use. Tenant's roof use shall be on the following terms rights under this Section 28.14: (a) are personal to Tenant and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which shall be subject to not assignable without Landlord's prior express written approvalconsent, which consent shall not be unreasonably withheld provided the assignee is a permitted sublessee or delayed on assignee of Tenant's rights under the roof of the Building, in a location as Landlord Lease and provided further that Tenant may mutually agree. There shall be no additional charge payable entitled to exercise the rights provided for in this Section 28.14 by Tenant to Landlord for the use of such area or contracting with a third party for the installation and maintenance of the Rooftop Equipment. If the Rooftop Equipment is to be installed all such rooftop equipment; (b) shall terminate on the roof, Tenant shall notify Landlord in writing that Expiration Date; (c) are subject to the Rooftop Equipment is rights of other tenants; and (d) are subject to be installed on the roof. Tenant shall be solely responsible for complying approval of all governmental entities with (or causing its vendor to comply with) the requirements jurisdiction of such equipment. Landlord hereby grants to Tenant a nonexclusive license to use existing and common area passageways in the Building for ingress to and egress from the roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal installation and maintenance of the Rooftop Equipmentcommunications equipment, provided that Tenant coordinates ingress to the roof with Landlord. Tenant shall repair any damage to obey all reasonable requirements imposed by Landlord for the protection of the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsibleshall, at Tenant's sole cost and expense, for obtain all necessary governmental licenses and permits required for, and comply with all legal requirements (including recorded covenants and restrictions) in connection with, the maintenance installation and repair use of the Rooftop Equipmentcommunications equipment, including, without limitation, the rules and regulations of the Federal Communications Commission. The communications equipment shall be deemed to be Tenant's personal property for all purposes under this Lease, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act upon termination of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the this Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlord's use all of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained communications equipment and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to the roof to exercise its rights hereunder shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms related wiring and conditions relating to the construction of the Premises.conduit in
Appears in 1 contract
Samples: Office Lease (Peoplesoft Inc)
Use of Roof. Tenant acknowledges that Landlord has reserved the right to use the roof of Building 36, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% that portion of the total area roof directly above the Premises, to install such mechanical equipment as may be reasonably necessary to serve the Premises as part of the roof, in location(s) designated Tenant Improvements approved by Landlord (“Mechanical Equipment”), and may make such penetrations of the roof as may be reasonably approved by Tenantnecessary in connection therewith. Tenant also shall have the exclusive right to use a portion of the roof directly above the Premises, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's ’s business operations. Tenant's ’s roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT"“Rooftop Equipment”) pursuant to plans and specifications which shall be subject to Landlord's ’s prior written approval, which shall not be unreasonably withheld or delayed on the roof of the Building, in a location as Landlord and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use of such area or for the installation of the Mechanical Equipment and Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Mechanical Equipment and Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Mechanical Equipment and Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Mechanical Equipment and Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's ’s cost and expense, for the maintenance and repair of the Mechanical Equipment and Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's ’s Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's ’s liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's ’s sole cost and expense to facilitate Landlord's ’s use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all damage caused by the installation, maintenance, repair and/or removal of Tenant's ’s Rooftop Equipment. Tenant's ’s access to the roof to exercise its rights hereunder shall be subject to Landlord's ’s prior approval, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's ’s Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's ’s use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Formfactor Inc)
Use of Roof. Tenant acknowledges that Landlord has reserved Notwithstanding anything to the right to use the roof of Building 3, including the right to lease or license its use. Tenant and no employee or invitee of Tenant shall go upon the roof of the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roof, contrary ----------- in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Lawsthis Section 3.1, Tenant shall have the right right, at no additional cost, to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans access and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed on use the roof of the BuildingBuilding for the installation, use, maintenance, repair and replacement of various communication, HVAC and/or other equipment (collectively, "Communications Equipment") subject only to the Association Declaration and the following:
(i) in the event such installation requires Tenant to make any penetration in the roof or perform any other roofing work, such penetrations shall be made only in the manner designated in writing by Landlord, acting reasonably;
(ii) any installation work (including any roof penetrations or other roofing work) shall be performed by Tenant at Tenant's sole cost and expense and by a roofing contractor reasonably approved by Landlord and shall be accomplished in a location as Landlord and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use of such area manner which will not invalidate or for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, impair any roof warranties;
(iii) Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (promptly pay all taxes and license fees imposed by any federal, state or causing its vendor to comply with) the requirements of such roof warranty local governmental agency or roof bond authority in connection with the installation, maintenance, repair, replacement or removal operation and maintenance of the Rooftop any Communications Equipment. ;
(iv) Tenant shall repair secure any damage to necessary permits, and the roof caused by the installation, maintenance, repair, replacement or removal installation and use of the Rooftop Equipment. Landlord Communications Equipment shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain and remove the Rooftop Equipment, comply with all Requirements (including any zoning restrictions) and Tenant shall indemnify Landlord and be solely responsible, at Tenant's cost and expense, liable for the maintenance and repair cost of such compliance;
(v) At the end of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the LeaseTerm, Tenant shall remove the Rooftop such Communications Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original conditionPremises, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlord's use of including repair the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Section 5.3;
(vi) Tenant shall install screening as may be responsible for all damage caused required by the installation, maintenance, repair and/or removal Association Declaration to reasonably obscure the location of Tenant's Rooftop Communications Equipment. Tenant's access ;
(vii) Any proposed installation of Communications Equipment shall be completed in accordance with Article 5 hereof; and ---------
(viii) Tenant shall not assign or sublet or grant any use rights to the roof of the Building other than incidental to exercise its a permitted assignment or subletting pursuant to Article 15 hereof. ---------- Tenant's rights hereunder shall be subject exclusive (as to Landlordsize and location) if Tenant is the sole office tenant in the Building. If Tenant is not the sole office tenant, then Tenant's prior approvalright shall be non-exclusive but (i) with respect to size, which shall be pro rata based on applicable proportionate shares of the tenants involved, and (ii) with respect to location, shall be "grand-fathered" (i.e., Tenant shall not be unreasonably withheldobligated to relocate any such equipment once installed) unless Tenant is leasing less than 50% of the Agreed Area of the Building. Except to the extent set forth in this Lease or the Design and Construction Agreement, provided that Tenant exercises such access rights in a manner that does not void Landlord makes no warranty with respect to the weight-bearing capacity of the roof, and the cost of any roof warranty. additional structural support which might be required for the Communications Equipment shall be Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premisessole responsibility.
Appears in 1 contract
Samples: Deed of Lease (Verisign Inc/Ca)
Use of Roof. Landlord and Tenant acknowledges agree that Landlord has reserved Tenant shall have the exclusive right, subject to the terms, conditions, and requirements of this Section, to install, maintain, upgrade, operate, repair and replace, at Tenant’s cost, on the roof of the Building equipment in support of Tenant’s occupancy of the Building, including without limitation, one or more Rooftop Communications Devices for the use of occupants of the Building in the operation of their business within and outside of the Building only (for purposes hereof, “Rooftop Communications Devices” or “RCD”), which may include, without limitation, transmitter(s), microwave or satellite dish(es) or antenna(s) or other communications fixtures or equipment utilized for receiving or transmitting voice, video, data or other communications, together with all wiring, equipment and facilities reasonably necessary to make same functional and connected with the Building), including, without limitation, the right to use interconnect the roof RCD with Tenant’s other equipment located in the Building using risers, conduits and chases. As to any Rooftop Communications Device Tenant desires to install, Tenant shall notify Landlord of Building 3Tenant’s desire to install such, including identifying the type, size, dimensions, energy requirements, proposed use, and pertinent plans and specifications related to such RCD. Landlord shall review such information, and within a reasonable time not to exceed fifteen (15) days after receipt thereof, approve Tenant’s plans or state any reasonable objections thereto, which Tenant shall reasonably accommodate. It shall not be an unreasonable objection for Landlord to require visual screening of any RCD, and to require any RCD to be approved by the Architectural Review Committee of ECCA. Landlord’s right to lease approve Tenant’s plans for the RCD shall be subject to the condition that Landlord shall not unreasonably withhold, condition or license its usedelay such approval. Tenant and no employee shall use Landlord’s roofing contractor (or invitee another contractor approved by the issuer of Tenant shall go upon Landlord’s roofing warranty) to perform any roof penetrations so as to not void the warranty for the roof of the Building; provided such contractor’s work is priced at market rates and such contractor is of a size, except as otherwise expressly provided hereinsophistication and quality reasonably acceptable to Tenant. Tenant shall have the exclusive right give Landlord not less than twenty-four (24) hours prior Notice before commencing any installation of RCDs to use 50% allow a representative of the total area of the roof, in location(s) designated by Landlord and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operationsobserve such installation. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans pay all costs and specifications expenses of operating all RCDs which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed Tenant places on the roof of the Building, in a location as Landlord and Tenant may mutually agree. There shall be no additional charge payable by Tenant to Landlord for the use of such area or for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor obligated to comply with) remove all RCDs which Tenant places on the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop EquipmentBuilding within thirty (30) days after the expiration of the Term of this Lease, at Tenant’s expense. Tenant shall repair be obligated to close any damage penetration to the roof caused of the Building by the installationwires, maintenanceconduits or cables installed by Tenant. Tenant’s RCD shall be a trade fixture, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain be and remove the Rooftop Equipment, and Tenant shall indemnify Landlord and be solely responsible, at Tenant's cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with the installation of the Rooftop Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant, and shall be removable by Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and at any damage to the area upon which the Rooftop Equipment was located to the original condition, normal wear and tear excepted. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirementstime. Tenant shall be responsible pay for all damage caused by costs of repairing and maintaining the installationRCD. Tenant shall indemnify, maintenancedefend and hold harmless Landlord with respect to any costs, repair and/or removal damages, claims, suits or actions arising in connection with Tenant’s violation of Tenant's Rooftop Equipment. Tenant's access to the roof to exercise its rights hereunder shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premisesobligations under this Section 39.
Appears in 1 contract
Use of Roof. Tenant acknowledges that Landlord has reserved the right to use the roof of Building 3, including the right to lease or license its use. For so long as Tenant and no employee or invitee any Affiliate Transferee, in the aggregate, leases at least eighty percent (80%) of Tenant shall go upon the roof of Usable Area in the Building, except as otherwise expressly provided herein. Tenant shall have the exclusive right be entitled to use 50% of the total area of the roofinstall, in location(s) designated by Landlord maintain and reasonably approved by Tenant, to install a satellite dish or cluster of dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop equipment ("ROOFTOP EQUIPMENT") pursuant to plans and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed operate on the roof of the Building, in for the purpose of Tenant's business, a location limited number of telecommunications, satellite and other devices that make use of the electromagnetic spectrum ("Telecommunications Devices") as Landlord may approve in writing, subject to the following requirements and Tenant may mutually agreesubject always to compliance with all covenants or restrictions of record as of the date hereof, applicable laws, building codes, regulations and ordinances. There All such Telecommunication Devices shall be no additional charge payable located in an area of the roof not greater than four hundred (400) square feet, reasonably specified by Landlord. Prior to installing any Telecommunications Devices on the roof of the Building, Tenant shall provide prior written notice to Landlord for of Tenant's desire to install such Telecommunications Devices on the use roof of such area or the Building, together with plans and specifications for the installation of the Rooftop Equipment. If the Rooftop Equipment is to be installed on the roof, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (or causing its vendor to comply with) the requirements of such roof warranty or roof bond in connection with the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused by the installation, maintenance, repair, replacement or removal of the Rooftop EquipmentTelecommunications Devices. Landlord shall permit Tenant reasonable access to the designated area as reasonably necessary to install, maintain review such plans and remove the Rooftop Equipmentspecifications within ten (10) days after receiving such plans and specifications from Tenant, and within such period notify Tenant shall indemnify if Landlord and be solely responsible, at Tenant's cost and expense, for the maintenance and repair of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with approves the installation of such Telecommunications Devices or disapproves the Rooftop Equipmentinstallation of such Telecommunication Devices, and if Landlord disapproves the installation of such Telecommunication Devices, the reasons therefor. Tenant shall obtain all licenses or approvals required Landlord may withhold its approval to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain installation of Telecommunications Devices on the property of Tenant and upon expiration roof of the LeaseBuilding if such Telecommunication Devices are visible from other locations in the Project or the surrounding areas, Tenant shall remove the Rooftop Equipment and repair the Premises and pose any damage material risk to the area upon which physical integrity of the Rooftop Equipment was located to Project or adversely affect the original condition, normal wear and tear exceptedappearance of the Building from surrounding areas. Landlord shall have the right to request that may condition it's approval of any Telecommunications Devices on Tenant relocate the Rooftop Equipmentinstalling any walkways, if necessary, at screening or other devices or material requested by Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant shall be responsible for all any installation and maintenance costs of any such Telecommunication Devices, as well as any damage caused by the installation, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to the roof Building, including without limitation the roof, arising out of or related to exercise its rights hereunder shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, provided that the installation or use by Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms and conditions relating to the construction of the Premisessuch Telecommunications Device.
Appears in 1 contract
Samples: Office Lease (Jni Corp)
Use of Roof. a. Subject to the terms and conditions hereinafter set forth, Landlord grants Tenant acknowledges that Landlord has reserved the right to use the roof of Building 3install, including the right to lease or license its use. Tenant at Tenant's sole cost and no employee or invitee of Tenant shall go upon the roof of the Buildingexpense, except as otherwise expressly provided herein. Tenant shall have the exclusive right to use 50% of the total area of the roofsuch antennae, in location(s) designated by Landlord satellite and reasonably approved by Tenant, to install a satellite dish or cluster of communication dishes and ancillary telecommunications equipment in connection with Tenant's business operations. Tenant's roof use shall be on the following terms and conditions set forth herein. Subject to Applicable Laws, Tenant shall have the right to install or cause to be installed rooftop associated equipment (the "ROOFTOP EQUIPMENTAntenna Equipment") pursuant to plans and specifications which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed on the roof of the Building, in a location Building as Landlord may be permitted by ----------------- applicable law and restrictive covenants.
b. Tenant may mutually agree. There shall be no additional charge payable by Tenant submit to Landlord for approval by it and its designated roofing contractor (the use "Roofing Contractor") and structural engineer ------------------ ("Engineer"), a full set of such area or engineering plans and specifications for the installation of the Rooftop Equipment. If the Rooftop -------- proposed Antenna Equipment is installation, including all required conduit or cable connections, such approval not to be installed on the roofunreasonably withheld or delayed; provided however Landlord shall not be required to approve any installations which, Tenant shall notify Landlord in writing that the Rooftop Equipment is to be installed on the roof. Tenant shall be solely responsible for complying with (Landlord's reasonable opinion, will cause, or causing its vendor to comply with) the requirements which have a substantial risk of such roof warranty or roof bond in connection with the installationcausing, maintenance, repair, replacement or removal of the Rooftop Equipment. Tenant shall repair any damage to the roof caused or Building. Tenant shall pay the reasonable costs and expenses incurred by the installation, maintenance, repair, replacement or removal of the Rooftop Equipment. Landlord shall permit Tenant reasonable access with respect to the designated area as reasonably review of such plans and specifications.
c. Tenant shall obtain all necessary municipal, state, and federal permits and authorizations, and all deed restriction consents, required to install, maintain and remove operate the Rooftop EquipmentAntenna Equipment and pay any charges levied by government agencies associated therewith. Xxxxxxxx agrees to fully cooperate with Xxxxxx in obtaining all such permits and authorizations, and at no cost or expense to Landlord.
d. At the conclusion of the Lease Term, as the same may have been extended, Tenant shall indemnify Landlord pay the costs and be solely responsible, at Tenant's cost expenses of removing the Antenna Equipment and expense, for repairing the maintenance and repair roof of the Rooftop Equipment, and Landlord shall have no responsibility with respect thereto unless the same was made necessary by the negligence or willful act of Landlord or Landlord's Agents. Tenant hereby agrees Building to defend, indemnify and hold Landlord harmless form any mechanics or materialmen's liens upon the Premises or the Center which result from work associated with substantially as good a condition as existed prior to the installation of the Rooftop Antenna Equipment. Tenant shall obtain all licenses or approvals required to install and operate the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant and upon expiration of the Lease, Tenant shall remove the Rooftop Equipment and repair the Premises and any damage to the area upon which the Rooftop Equipment was located to the original condition, normal except for ordinary wear and tear exceptedtear. Landlord shall have the right to request that Tenant relocate the Rooftop Equipment, if necessary, at Landlord's sole cost and expense to facilitate Landlord's use of the roof. Tenant covenants that the Rooftop Equipment will be installed, maintained and removed in accordance with all Applicable Requirements. Tenant Such removal shall be responsible for all damage caused by the installationperformed or supervised, maintenance, repair and/or removal of Tenant's Rooftop Equipment. Tenant's access to the roof to exercise its rights hereunder shall be subject to Landlord's prior approval, which shall not be unreasonably withheld, provided that Tenant exercises such access rights in a manner that does not void any roof warranty. Tenant's Rooftop Equipment shall not interfere with the operation of any existing roof top equipment which has been installed on the portion of the roof used as determined by Landlord. Landlord shall not install or permit the installation of any rooftop equipment which will interfere with any Rooftop Equipment for which Tenant has submitted installation plans to Landlord or which Tenant has previously installed on the portion of the roof for Tenant, by Xxxxxxxx's use. EXHIBIT A SITE PLAN EXHIBIT B CENTER LEGAL DESCRIPTION AND PLAT MAP REAL PROPERTY IN THE City of Livermore, County of Alameda, State of California, described as follows: Parcels 1 through 8 as shown on Parcel Map No. 7624, filed December 12, 2000, in Book 254 of Maps at Pages 73 through 82, Alameda County Records. EXHIBIT C WORK LETTER This Work Letter sets forth the terms Roofing Contractor and conditions relating to the construction of the PremisesStructural Engineer.
Appears in 1 contract
Samples: Lease Agreement (Panja Inc)
