Wireless Network. (a) Tenant shall have the non-exclusive right to install, at its sole cost and expense and subject to Landlord’s approval of Tenant’s plans and specifications therefor, a wireless intranet, internet, and/or communications network within the Leased Premises for the use of Tenant and its employees at the Leased Premises (the “Network”), subject to the terms of this Paragraph 17.1. (b) Tenant agrees that the Network equipment (whether owned by Tenant or Tenant’s service providers and contractors) located in the Leased Premises or elsewhere at the Property, including, without limitation, any antennas, switches, or other equipment (collectively, “Tenant’s Network Equipment”), shall be of a type and, if applicable, a frequency that will not cause unreasonable radio frequency, electromagnetic, or other interference to any other party or any equipment of any other party including, without limitation, Landlord, other tenants or occupants of the Property or any other party. If Tenant’s Network Equipment causes or is believed to cause any such interference, upon receipt of notice from Landlord of such interference, Tenant will take all steps necessary to correct and eliminate the interference. If the interference is not eliminated within forty-eight (48) hours then, upon request from Landlord, Tenant shall shut down Tenant’s Network Equipment pending resolution of the interference, with the exception of intermittent testing upon prior notice to and with the approval of Landlord. (c) Tenant’s Network Equipment and the related installation work (collectively, the “Network Equipment and Work”) shall be conducted in such a manner so as not to void or negatively impact any applicable warranties. Tenant shall supply Landlord with detailed plans and specifications of the Network Equipment and Work prior to the installation thereof for Landlord’s review and approval (which shall not be unreasonably withheld, conditioned, or delayed). Furthermore, Tenant shall have secured Landlord’s approval and the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Network Equipment and Work (if such governmental approval and/or permits are required), and shall provide copies of such approvals and permits (to the extent required) to Landlord prior to commencing any work with respect to such Network Equipment and Work. Tenant will keep and maintain the Network Equipment and Work in good condition and repair at all times and will promptly repair any damage to the Property or any portions thereof caused by such Network Equipment and Work. Upon the expiration or earlier termination of this Lease, Tenant shall remove such Network Equipment and Work and restore the Leased Premises. Tenant shall pay for any and all costs and expenses in connection with, and shall repair all damage resulting from, the installation, maintenance, use and removal of the Network Equipment and Work. (d) Landlord shall not have any obligations with respect to Tenant’s Network Equipment and Landlord makes no representation that Tenant’s Network Equipment will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by Landlord or others at the Property) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
Appears in 1 contract
Samples: Lease Agreement (Biolase, Inc)
Wireless Network. (a) Subject to the terms and conditions of this Section 4.3, Tenant shall have the non-exclusive right to install, at its sole cost and expense and subject to Landlord’s approval of Tenant’s plans and specifications therefor, install in the Premises a wireless intranet, internetInternet, and/or and communications network within the Leased Premises (also known as “Wi-Fi”) for the use of Tenant and its employees at employees, clients, customers and invitees within the Leased Premises (the “Network”). Tenant shall not solicit, subject suffer, or permit other tenants or occupants of the Building to the terms of this Paragraph 17.1.
(b) Tenant agrees that use the Network equipment (whether owned by or any other communications service, including, without limitation, any wired or wireless Internet service that passes through, is transmitted through, or emanates from the Premises. Tenant or represents and warrants that Tenant’s Network and the related communications equipment of Tenant’s and/or its service providers and contractors) contractors located in the Leased Premises or elsewhere at the PropertyPremises, including, without limitation, any antennas, routers, access points, switches, or other equipment (collectively, “Tenant’s Network Communications Equipment”), ) shall be of a type and, if applicable, a frequency that will be consistent with commercially accepted protocols and shall not cause unreasonable radio frequency, electromagnetic, or any other interference or disturbance to any other party or any customary office equipment of any other party including, without limitation, Landlord, other tenants tenants, or occupants of the Property Building, any adjacent building or property, or any other party. If In the event that Tenant’s Network Communications Equipment causes or is believed to cause any such interference, upon receipt of notice from Landlord of such interference, Tenant will take all steps necessary to correct and eliminate the interference. If the interference is not eliminated within forty-eight 24 hours (48or a shorter period if Landlord believes a shorter period to be appropriate) hours then, upon request from Landlord, Tenant shall shut down the Tenant’s Network Communications Equipment pending resolution of the interference, with the exception of intermittent testing upon prior notice to and with the approval of Landlord.
(c) , not to be unreasonably withheld. Tenant’s installation, maintenance and operation of the Network and Tenant’s Communications Equipment shall comply with all applicable Laws and Restrictions and the applicable provisions of this Lease including, without limitation Section 4.2 above. Tenant acknowledges and agrees that Tenant’s rights hereunder are not exclusive within the Building and that Landlord has granted and/or may grant lease rights, licenses, and other rights to various other tenants and occupants of the Building and to telecommunications service providers for similar and/or related uses. Tenant will defend, indemnify and save Landlord harmless against and from any liability, loss, injury, damage, claim or suit resulting directly or indirectly from the installations, use and operation of Tenant’s Network Equipment and the related installation work (collectively, the “Network Equipment and Work”) shall be conducted in such a manner so as not to void or negatively impact any applicable warranties. Tenant shall supply Landlord with detailed plans and specifications of the Network Equipment and Work prior to the installation thereof for LandlordTenant’s review and approval (which shall not be unreasonably withheld, conditioned, or delayed). Furthermore, Tenant shall have secured Landlord’s approval and the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Network Equipment and Work (if such governmental approval and/or permits are required)Communications Equipment, and this indemnity shall provide copies of such approvals and permits (to survive the extent required) to Landlord prior to commencing any work with respect to such Network Equipment and Work. Tenant will keep and maintain the Network Equipment and Work in good condition and repair at all times and will promptly repair any damage to the Property or any portions thereof caused by such Network Equipment and Work. Upon the expiration or earlier termination of this Lease, Tenant shall remove such Network Equipment and Work and restore the Leased Premises. Tenant shall pay for any and all costs and expenses in connection with, and shall repair all damage resulting from, the installation, maintenance, use and removal of the Network Equipment and Work.
(d) Landlord shall not have any obligations with respect to Tenant’s Network Equipment and Landlord makes no representation that Tenant’s Network Equipment will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by Landlord or others at the Property) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
Appears in 1 contract
Samples: Lease Agreement (Color Kinetics Inc)
Wireless Network. (a) Subject to the terms and conditions of this Section 4.3, Tenant shall have the non-exclusive right to install, at its sole cost and expense and subject to Landlord’s approval of Tenant’s plans and specifications therefor, install in the Premises a wireless intranet, internetInternet, and/or and communications network within the Leased Premises (also known as “Wi-Fi”) for the use of Tenant and its employees at employees, clients, customers and invitees within the Leased Premises (the “Network”). Tenant shall not solicit, subject suffer, or permit other tenants or occupants of the Building to the terms of this Paragraph 17.1.
(b) Tenant agrees that use the Network equipment (whether owned by or any other communications service, including, without limitation, any wired or wireless Internet service that passes through, is transmitted through, or emanates from the Premises. Tenant or represents and warrants that Tenant’s Network and the related communications equipment of Tenant’s and/or its service providers and contractors) contractors located in the Leased Premises or elsewhere at the PropertyPremises, including, without limitation, any antennas, routers, access points, switches, or other equipment (collectively, “Tenant’s Network Communications Equipment”), ) shall be of a type and, if applicable, a frequency that will be consistent with commercially accepted protocols and shall not cause unreasonable radio frequency, electromagnetic, or any other interference or disturbance to any other party or any customary office equipment of any other party including, without limitation, Landlord, other tenants tenants, or occupants of the Property Building, any adjacent building or property, or any other party. If In the event that Tenant’s Network Communications Equipment causes or is believed to cause any such interference, upon receipt of notice from Landlord of such interference, Tenant will take all steps necessary to correct and eliminate the interference. If the interference is not eliminated within forty-eight 24 hours (48or a shorter period if Landlord believes a shorter period to be appropriate) hours then, upon request from Landlord, Tenant shall shut down the Tenant’s Network Communications Equipment pending resolution of the interference, with the exception of intermittent testing upon prior notice to and with the approval of Landlord.
(c) , not to be unreasonably withheld. Tenant’s installation, maintenance and operation of the Network and Tenant’s Communications Equipment shall comply with all applicable Laws and Restrictions and the applicable provisions of this Lease including, without limitation Section 4.2 above. Tenant acknowledges and agrees that Tenant’s rights hereunder are not exclusive within the Building and that Landlord has granted and/or may grant lease rights, licenses, and other rights to various other tenants and occupants of the Building and to telecommunications service providers for similar and/or related uses. Tenant will defend, indemnify and save Landlord harmless against and from any liability, loss, injury, damage, claim or suit resulting directly or indirectly from the installations, use and operation of Tenant’s Network Equipment and the related installation work (collectively, the “Network Equipment and Work”) shall be conducted in such a manner so as not to void or negatively impact any applicable warranties. Tenant shall supply Landlord with detailed plans and specifications of the Network Equipment and Work prior to the installation thereof for LandlordTenant’s review and approval (which shall not be unreasonably withheld, conditioned, or delayed). Furthermore, Tenant shall have secured Landlord’s approval and the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Network Equipment and Work (if such governmental approval and/or permits are required)Communications Equipment, and this indemnity shall provide copies of such approvals and permits (to survive the extent required) to Landlord prior to commencing any work with respect to such Network Equipment and Work. Tenant will keep and maintain the Network Equipment and Work in good condition and repair at all times and will promptly repair any damage to the Property or any portions thereof caused by such Network Equipment and Work. Upon the expiration or earlier termination of this Lease. d. INTENTIONALLY OMITTED. e. EXTERIOR SIGNAGE. Subject to the provisions of this Section 4.5, and provided that (i) Tenant is not in default of the terms and conditions of this Lease (beyond any applicable notice or cure period), and (ii) the Tenant originally named herein (or a Permitted Transferee) occupies at least 17,850 rentable square feet of space in the Building, the original named Tenant (or Permitted Transferee) shall have the right, at its sole cost and expense, to maintain one (1) exterior sign on the Route 128 side of the Building for the purpose of identifying Tenant (“Building Signage”), which Building Signage (including size, design, logo, color(s) and degree of illumination, if any, and location on method of attachment to the Building) shall be subject to the prior approval of Landlord (such approval not to be unreasonably withheld) and installed, maintained and operated in compliance with all applicable Laws and Restrictions. Landlord reserves the right to retain and grant other parties signage rights on Building. In no event shall Tenant have the right to utilize more than an allocable share of any such exterior signage based upon the square footage of the Premises in relation to the total square footage of space in, or signage available to, the Building. If necessary, Landlord shall provide electrical service to the exterior portion of the Building approximately where Tenant’s sign is to be located at Tenant’s sole cost. Tenant shall remove be responsible for obtaining and maintaining all necessary permits and approvals for such Network Equipment signage, along with all costs and Work expenses incurred by Landlord in connection therewith (including any taxes or assessments thereon and restore the Leased Premisescost of providing and maintaining electrical service thereto) and Landlord shall reasonably cooperate with Tenant in connection with obtaining such permits and approvals. Tenant shall pay such amounts within thirty (30) days of Landlord’s invoice therefor. At the expiration of earlier termination of the Lease, or in the event the original named Tenant (or Permitted Transferee) ceases to occupy at least 17,850 rentable square feet in the Building (except for any periods of casualty, restoration or remodeling), Landlord shall have the right, at Tenant’s sole cost and all costs expense, to remove Tenant’s Building Signage and expenses in connection with, repair and shall repair all damage resulting from, restore the Building to the same or better condition existing prior to such installation, maintenanceor at Landlord’s election, use and removal of the Network Equipment and Work.
(d) Landlord shall not have any obligations with respect require Tenant to Tenant’s Network Equipment and Landlord makes no representation that Tenant’s Network Equipment will be able to receive so repair or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by Landlord or others at the Property) and Tenant agrees that Landlord shall not be liable to Tenant thereforrestore.
Appears in 1 contract
Wireless Network. (a) a. Tenant shall have the non-exclusive right to install, at its sole cost and expense and subject to Landlord’s approval of Tenant’s plans and specifications therefor, may install a wireless intranet, internet, and/or communications network or “Wi-Fi” (or other iteration thereof) capability (any of the foregoing being hereinafter referred to as a “Network”) within the Leased Premises and the Conference Center. In the event that Tenant installs such a Network, it shall be for the use of by and only by Tenant and its employees at subject to the Leased Premises terms hereof (the “Network”other than to permitted subtenants and assignees and Permitted Transferees). No antenna/transponder shall exceed one meter in size and shall, subject to the terms following provisions of this Paragraph 17.1Section 13.1, conform to all FCC specifications.
(b) b. Tenant shall not solicit, suffer, or permit other tenants or occupants of the Building to use the Network or any other communications service, including, without limitation, any wired or wireless Internet service that passes through, is transmitted through, or emanates from the Premises and/or the Conference Center.
c. Tenant agrees that Tenant’s communications equipment and the Network communications equipment (whether owned by Tenant or of Tenant’s service providers and contractors) located in contractors retained to service the Leased Premises or elsewhere at the Property, and Conference Center including, without limitation, any antennas, switches, or other equipment (collectively, “Tenant’s Network Communications Equipment”), ) shall be of a type and, if applicable, a frequency frequency, that will not cause unreasonable radio frequency, electromagnetic, or other interference to any other party or any equipment of any other party including, without limitation, Landlord, other tenants tenants, or occupants of the Property Building or any other party, in violation of FCC specifications concerning radio frequency interference (hereinafter referred to as “RFI”). If In the event that Tenant’s Network Communications Equipment causes or is believed to cause any such interferenceprohibited RFI, upon receipt of notice from Landlord of such interference, Tenant will take all steps necessary to correct and eliminate the interference. If the interference prohibited RFI is not eliminated within fortytwenty-eight four (4824) hours (or a shorter period if Landlord believes a shorter period to be appropriate) then, upon request from Landlord, Tenant shall shut down Tenant’s Network Communications Equipment pending resolution of the interference, with the exception of intermittent testing upon prior notice to and with the approval of Landlord. No Network, or Tenant’s Communication Equipment may be installed in any lobby, corridor, building common area or any other area not within the exclusive control of Tenant specifically excluding the Conference Center.
(c) Tenant’s Network Equipment d. Tenant acknowledges that Landlord has granted and/or may grant lease rights, licenses, and the related installation work (collectively, the “Network Equipment other rights to various other tenants and Work”) shall be conducted in such a manner so as not to void or negatively impact any applicable warranties. Tenant shall supply Landlord with detailed plans and specifications occupants of the Network Equipment Building and Work prior to the installation thereof for Landlord’s review and approval (which shall not be unreasonably withheld, conditioned, or delayed). Furthermore, Tenant shall have secured Landlord’s approval and the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Network Equipment and Work (if such governmental approval and/or permits are required), and shall provide copies of such approvals and permits (to the extent required) to Landlord prior to commencing any work with respect to such Network Equipment and Work. Tenant will keep and maintain the Network Equipment and Work in good condition and repair at all times and will promptly repair any damage to the Property or any portions thereof caused by such Network Equipment and Work. Upon the expiration or earlier termination of this Lease, Tenant shall remove such Network Equipment and Work and restore the Leased Premises. Tenant shall pay for any and all costs and expenses in connection with, and shall repair all damage resulting from, the installation, maintenance, use and removal of the Network Equipment and Worktelecommunications service providers.
(d) Landlord shall not have any obligations with respect to Tenant’s Network Equipment and Landlord makes no representation that Tenant’s Network Equipment will be able to receive or transmit communication signals without interference or disturbance (whether or not by reason of the installation or use of similar equipment by Landlord or others at the Property) and Tenant agrees that Landlord shall not be liable to Tenant therefor.
Appears in 1 contract
Samples: Lease Agreement (Pegasystems Inc)
