Common use of Antenna Clause in Contracts

Antenna. (a) Tenant has the right to install a satellite dish(es), electronic transmitter(s) devices for similar purposes and the like (collectively, the “Antenna”) on the roof of the Building and the right to install such Antenna on the other exterior surfaces of the Building in locations reasonably acceptable to Landlord to provide wireless services to the Premises, and to wire all such Antenna to the Premises in compliance with all applicable local zoning ordinances and regulations and in accordance with plans and specifications approved by Landlord and in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant’s Antenna(s) with existing antenna and communication equipment on the roof of the Building. The cost of installation and maintenance thereof, and the cost of any repairs to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Lease, Tenant shall remove any Antenna(s) and repair any damage to the roof occasioned by such removal. Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject to Landlord’s prior written approval thereof. In addition, Tenant agrees that if it has a security camera installed in the Premises, and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy of such tape. (b) Tenant shall indemnify and hold Landlord harmless from and against all costs, loss, expense or liability of any kind whatsoever arising out of the installation, use and/or removal by Tenant of the Antenna. Tenant shall maintain a comprehensive general liability insurance policy, including contractual liability, as set forth in Section 20(b) hereof, so long as the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlord’s roofing contractor relating to the installation and/or removal of the Antenna and the roof penetration so as not to violate any requirements or invalidate Landlord’s roof guaranty. (d) Wherever Landlord’s approval is required pursuant to this Section 37, such approval shall not be unreasonably withheld.

Appears in 2 contracts

Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)

Antenna. (a) Tenant has the right to install a satellite dish(es), electronic transmitter(s) devices for similar purposes and the like (collectively, the “Antenna”) on the roof of the Building and the right to install such Antenna on the other exterior surfaces of the Building in locations reasonably acceptable to Landlord to provide wireless services to the Premises, and to wire all such Antenna to the Premises in compliance with all applicable local zoning ordinances and regulations and in accordance with plans and specifications approved by Landlord and in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant’s Antenna(s) with existing antenna and communication equipment on the roof of the Building. The cost of installation and maintenance thereof, and the cost of any repairs to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Lease, Tenant shall remove any Antenna(s) and repair any damage to the roof occasioned by such removal. Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject to Landlord’s prior written approval thereof. In addition, Tenant agrees that if it has a security camera installed in the Premises, and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy of such tape. (b) Tenant shall indemnify and hold Landlord harmless from and against all costs, loss, expense or liability of any kind whatsoever arising out of the installation, use and/or removal by Tenant of the Antenna. Tenant shall maintain a comprehensive general liability insurance policy, including contractual liability, as set forth in Section 20(b) hereof, so long as the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlord’s roofing contractor relating to the installation and/or removal of the Antenna and the roof penetration so as not to violate any requirements or invalidate Landlord’s roof guaranty. (d) Wherever Landlord’s approval is required pursuant to this Section 37, such approval shall not be unreasonably withheld.

Appears in 2 contracts

Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)

Antenna. (a) Tenant has the right to install a satellite dish(es), electronic transmitter(s) devices for similar purposes and the like (collectively, the “Antenna”) on the roof of the Building and the right to install such Antenna on the other exterior surfaces of the Building in locations reasonably acceptable to Landlord to provide wireless services to the Premises, and to wire all such Antenna to the Premises in compliance with all applicable local zoning ordinances and regulations and in accordance with plans and specifications approved by Landlord and in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant▇▇▇▇▇▇’s Antenna(s) with existing antenna and communication equipment on the roof of the Building. The cost of installation and maintenance thereof, and the cost of any repairs to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Lease, Tenant shall remove any Antenna(s) and repair any damage to the roof occasioned by such removal. Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise)) which do not capture areas outside of the Premises, subject to Landlord’s prior written approval thereof. In addition, Tenant agrees that if it has a security camera installed in the Premises, and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy of such tape. (b) Tenant shall indemnify and hold Landlord harmless from and against all costs, loss, expense or liability of any kind whatsoever arising out of the installation, use and/or removal by Tenant of the Antenna. Tenant shall maintain a comprehensive general liability insurance policy, including contractual liability, as set forth in Section 20(b) hereof, so long as the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlord’s roofing contractor relating to the installation and/or removal of the Antenna and the roof penetration so as not to violate any requirements or invalidate Landlord’s roof guaranty. (d) Wherever Landlord’s approval is required pursuant to this Section 37, such approval shall not be unreasonably withheld, conditioned or delayed.

Appears in 2 contracts

Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)

Antenna. (a) From the Term Commencement Date until the expiration or earlier termination of this Lease, Tenant has shall have a license to use a portion of the right roof of the Building and enjoy 24-hour access thereto (the “Rooftop License”) at a technologically sufficient location to install be proposed by Tenant and approved by Landlord (the “Rooftop Installation Area”). The Rooftop Installation Area is to be used by Tenant solely for the installation, operation, maintenance, repair and replacement during the Term of this Lease of an antenna thirty inches (36”) in diameter and other related communications equipment, including one two-inch (2”) conduit connecting the antenna to the Premises, to be located in a satellite dish(es), electronic transmitter(s) devices for similar purposes vertical chase mutually designated by Landlord and the like Tenant (collectively, the “Antenna”) on the roof ). Tenant’s installation and operation of the Building Antenna and the right to install such Antenna on the other exterior surfaces of the Building in locations reasonably acceptable to Landlord to provide wireless services to the Premises, and to wire its obligations with respect thereto shall be all such Antenna to the Premises in compliance with all applicable local zoning ordinances and regulations and in accordance with plans the terms, provisions, conditions and specifications approved by Landlord and agreements contained in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant’s Antenna(s) with existing antenna and communication equipment on the roof of the Building. The cost of installation and maintenance thereof, and the cost of any repairs to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Lease, Tenant shall remove any Antenna(s) and repair any damage to the roof occasioned by such removal. Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject to Landlord’s prior written approval thereof. In addition, Tenant agrees that if it has a security camera installed in the Premises, and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy of such tape. (b) Tenant shall indemnify install the Antenna in the Rooftop Installation Area at its sole cost and hold expense, at such times and in such manner as Landlord harmless from may reasonably designate and against in accordance with all costs, loss, expense or liability of any kind whatsoever arising out of the installationapplicable provisions of this Lease, including, without limitation, Section 5.9). Landlord shall not be obligated to perform any work or incur any expense to prepare the Rooftop Installation Area for Tenant’s use and/or removal by Tenant of the Antenna. Tenant shall maintain a comprehensive general liability insurance policy, including contractual liability, as set forth in Section 20(b) hereof, so long as the Antenna is under construction, in place and/or being removedthereof. (c) Tenant shall work exclusively not install or operate the Antenna until it receives prior written approval from Landlord, which Landlord agrees shall not be unreasonably withheld, conditioned or delayed, provided and on the condition that Tenant complies with all of the requirements of this Lease including without limitation Section 5.9 and this Article XI. Prior to commencing installation of the Antenna, Tenant shall provide Landlord with (i) copies of all required permits, licenses and authorizations which Tenant will obtain at its own expense and which Tenant will maintain at all times during the operation of the Antenna; and (ii) a certificate of insurance evidencing insurance coverage as required by this Lease and any other insurance reasonably required by Landlord for the installation and operation of the Antenna. Tenant agrees to reimburse Landlord for reasonable expenses incurred in connection with the review and approval of Tenant’s plans showing the proposed installation of the Antenna. (d) Tenant shall pay to Landlord as Additional Rent (the “Antenna Rent”), all applicable taxes or governmental charges, fees, or impositions imposed upon Landlord and arising out of Tenant’s use of the Rooftop Installation Area, and the amount, if any, by which Landlord’s roofing contractor relating insurance premiums increase as a result of the installation of the Antenna. (e) Tenant covenants that Tenant shall repair any damage to the roof and the Building caused by the installation and/or or operation of the Antenna. (f) Tenant covenants and agrees that the installation, operation and removal of the Antenna and the roof penetration so appurtenant equipment and cabling will be at its sole risk. Tenant agrees to indemnify and defend Landlord and all other Indemnitees (as not to violate any requirements or invalidate defined in Section 5.5.1) against all claims, actions, damages, liabilities and expenses including reasonable attorneys’ fees by counsel of Landlord’s roof guarantychoice in connection with the loss of life, personal injury, damage to property or business or any other loss or injury or as a result of any litigation arising out of the installation, use, operation or removal of the Antenna and appurtenant equipment and cabling, except to the extent the foregoing is caused by the gross negligence or willful misconduct of Landlord or the Indemnitees. (dg) Wherever Landlord, at its sole option upon not less than sixty (60) days’ prior written notice, shall have the right to revoke the Rooftop License at any time prior to the expiration of the Term of this Lease, and require Tenant to terminate the operation of the Antenna if (1) the Antenna is causing physical damage to the structural integrity of the Building, or (2) the Antenna is interfering with any telecommunications, mechanical or other systems either located or servicing the Building (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building) or located at or servicing any building, premises or location in the vicinity of the Building, or (3) the installation, existence, maintenance and operation of the Antenna (i) constitutes a violation of any applicable laws, ordinances, rules, order, regulations, etc. of any federal, state, county and municipal authorities having jurisdiction thereover or (ii) does not conform to industry technical specifications. Notwithstanding the foregoing however, if Tenant can correct the damage or disturbance caused by the Antenna to Landlord’s approval reasonable satisfaction, Tenant may restore the operation. If the Antenna is required pursuant not corrected and restored to operation within sixty (60) days, Landlord, at its sole option, may require that Tenant remove the Antenna and appurtenant equipment and cabling at its own expense. (h) The sole use and purpose of this Section 37Rooftop License shall be to serve the communication needs of Tenant within the Building. Tenant is expressly forbidden to serve other tenants or occupants of the Building, such approval to serve any locations outside the Building, or to resell any communications services without the prior written consent of Landlord, which consent may be granted or withheld at Landlord’s sole discretion. In the event Tenant shall attempt to resell, license, lease or otherwise provide use of the Antenna to any person or entity, except in connection with a Permitted Transfer, without Landlord’s prior written consent, then the Rooftop License shall immediately terminate and Landlord shall have the right to disconnect the Antenna and appurtenant equipment and cabling and, in accordance with the provisions of subsection (h) hereof, require Tenant to remove the Antenna and appurtenant equipment and cabling and to restore the Building to the condition as existed prior to the installation thereof, all at Tenant’s sole cost and expense. (i) Within fifteen (15) days following the expiration or earlier termination of the Lease or the permanent termination of the operation of the Antenna by Tenant, Tenant shall, at its sole cost and expense, (i) remove the Antenna from the Rooftop Installation Area and the Building in accordance with the terms hereof, (ii) leave the Rooftop Installation Area in good order and repair, reasonable wear and tear excepted and (iii) pay all amounts due and owing with respect to the Rooftop License up to the date of the termination thereof. If Tenant does not remove the Antenna when so required, the Antenna shall become Landlord’s property and, at Landlord’s election, Landlord may remove and dispose of the Antenna and charge Tenant for all costs and expenses incurred as Additional Rent. Notwithstanding that Tenant’s use of the Rooftop Installation Area shall be subject at all times to and shall be in accordance with the terms, covenants, conditions and agreements contained in this Lease, the Rooftop Installation Area shall not be unreasonably withhelddeemed part of the Premises. All Tenant obligations under this Section 11.1 shall survive the expiration of the Term or the earlier termination of this Lease.

Appears in 2 contracts

Sources: Consent to Sublease (Biofrontera AG), Consent to Sublease (Biofrontera AG)

Antenna. (a) Tenant has the right to install a satellite dish(es), electronic transmitter(s) devices for similar purposes and the like (collectively, the “Antenna”) on the roof of the Building and the right to install such Antenna on the other exterior surfaces of the Building in locations reasonably acceptable to Landlord to provide wireless services to the Premises, and to wire all such Antenna to the Premises in compliance with all applicable local zoning ordinances and regulations and in accordance with plans and specifications approved by Landlord and in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant▇▇▇▇▇▇’s Antenna(s) with existing antenna and communication equipment on the roof of the Building. The cost of installation and maintenance thereof, and the cost of any repairs to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Lease, Tenant shall remove any Antenna(s) and repair any damage to the roof occasioned by such removal. removal Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject to Landlord’s prior written approval thereof. In addition, Tenant agrees that if it has a security camera installed in the Premises, and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy of such tape. (b) Tenant shall indemnify and hold Landlord harmless from and against all costs, loss, expense or liability of any kind whatsoever arising out of the installation, use and/or removal by Tenant of the Antenna. Tenant shall maintain a comprehensive general liability insurance policy, including contractual liability, as set forth in Section 20(b) hereof, so long as the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlord’s roofing contractor relating to the installation and/or removal of the Antenna and the roof penetration so as not to violate any requirements or invalidate Landlord’s roof guaranty. (d) Wherever Landlord’s approval is required pursuant to this Section 37, such approval shall not be unreasonably withheld.

Appears in 2 contracts

Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)

Antenna. (a) Tenant has the right to install a satellite dish(es), electronic transmitter(s) devices for similar purposes and the like (collectively, the “Antenna”) on the roof of the Building and the right to install such Antenna on the other exterior surfaces of the Building in locations reasonably acceptable to Landlord to provide wireless services to the Premises, and to wire all such Antenna to the Premises in compliance with all applicable local zoning ordinances and regulations and in accordance with plans and specifications approved by Landlord and in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant’s Antenna(s) with existing antenna and communication equipment on the roof of the Building. The cost of installation and maintenance thereof, and the cost of any repairs to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Lease, Tenant shall remove any Antenna(s) and repair any damage to the roof occasioned by such removal. Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise)) which do not capture areas outside of the Premises, subject to LandlordLandloard’s prior written approval thereof. In addition, Tenant agrees that if it has a security camera installed in the Premises, and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy of such tape. (b) Tenant shall indemnify and hold Landlord harmless from and against all costs, loss, expense or liability of any kind whatsoever arising out of the installation, use and/or removal by Tenant of the Antenna. Tenant shall maintain a comprehensive general liability insurance policy, including contractual liability, as set forth in Section 20(b) hereof, so long as the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlord’s roofing contractor relating to the installation and/or removal of the Antenna and the roof penetration so as not to violate any requirements or invalidate Landlord’s roof guaranty. (d) Wherever Landlord’s approval is required pursuant to this Section 37, such approval shall not be unreasonably withheld, conditioned or delayed.

Appears in 2 contracts

Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)

Antenna. (a) Tenant has the right to install a satellite dish(es), dish and/or other electronic transmitter(s) devices for similar purposes and the like transmitter (collectively, the “Antenna”) on the roof of the Building and the right to install such Antenna on the other exterior surfaces of the Building in locations reasonably acceptable to Landlord to provide wireless services to the PremisesBuilding, and to wire all such Antenna to the Premises in compliance with all applicable local zoning ordinances and regulations and in accordance with plans and specifications approved by Landlord and in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant’s Antenna(s) with existing antenna and communication equipment on the roof of the Building. The cost of installation and maintenance thereof, and the cost of any repairs to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) Antenna shall be borne solely by Tenant. Upon the termination of this Lease, Tenant shall remove any Antenna(s) Antenna and repair any damage to the roof occasioned by such removal. Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject to Landlord’s prior written approval thereof. In additionProvided, however, Tenant agrees shall be responsible for confirming that if it has a security camera installed in the Premises, and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord its Antenna do not unreasonably interfere with a copy of such tapeany other tenants’ or Landlord’s antennae or other communications equipment. (b) Tenant shall indemnify and hold Landlord harmless from and against all costs, loss, expense or liability of any kind whatsoever arising out of the installation, use and/or removal by Tenant of the Antenna. Tenant shall maintain a comprehensive general liability insurance policy, including contractual liability, as set forth in Section Paragraph 20(b) hereof, so long as the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlord’s roofing contractor relating to the installation and/or removal of the Antenna and the roof penetration so as not to violate any requirements or invalidate Landlord’s roof guaranty. (d) Wherever Landlord’s approval is required pursuant to this Section 37Paragraph 38, such approval shall not be unreasonably withheld.

Appears in 2 contracts

Sources: Lease (Rocket Companies, Inc.), Lease (Rocket Companies, Inc.)

Antenna. 49.1. Landlord agrees that, subject to applicable Legal Requirements and the conditions and limitations hereinafter stipulated, during the term of this Lease, Tenant, at Tenant's sole cost and expense, upon thirty (a30) Tenant has the right to install a satellite dish(esdays prior notice ("Tenant's Antenna Notice"), electronic transmitter(smay install on a portion of the rooftop of the Building and thereafter maintain, repair, and operate one communications antenna or microwave dish (hereinafter referred to as the "antenna"), provided and on condition that: (i) devices the size and other characteristics of the antenna shall not, in Landlord's reasonable judgment, impede Landlord's ability to avail itself of similar rights or give similar rights to other tenants; (ii) the size and dimensions of the antenna and any reasonably required support structures as well as the location of the portion of the rooftop for similar purposes such installation shall be subject to Landlord's prior reasonable consent; (iii) the installation of any electrical or communications lines ("Wiring") and related equipment in connection with the like installation and operation of the antenna, as well as the manner and location (collectivelyi.e., routing) of all Wiring and related equipment in connection therewith shall (A) be at Tenant's sole cost and expense, (B) be subject to Landlord's prior reasonable consent, and (C) comply with Legal Requirements; and (iv) the “Antenna”) on antenna, reasonably required support structures, Wiring and related equipment shall be maintained and kept in repair by Tenant, at Tenant's sole cost and expense. The parties agree that Tenant's use of the rooftop of the Building is a nonexclusive use and Landlord may permit the use of any other portion of the roof to any other person, firm or corporation for any use including the installation of other antennas and support equipment. 49.2. For the purpose of installing, servicing or repairing the antenna and related equipment, Tenant shall have access to the rooftop of the Building upon prior reasonable request of Landlord. All access by Tenant to the roof of the Building shall be subject to the supervision and control of Landlord and to Landlord's reasonable safeguards for the right to install such Antenna on security and protection of the Building, the Building equipment and installations and equipment of other exterior surfaces tenants of the Building in locations reasonably acceptable to Landlord to provide wireless services to the Premises, and to wire all such Antenna to the Premises in compliance with all applicable local zoning ordinances and regulations and in accordance with plans and specifications approved by Landlord and in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord as may reasonably consider, among other things, material interference of Tenant’s Antenna(s) with existing antenna and communication equipment be located on the roof of the Building. The cost Landlord shall have the right to assign a Building representative to be present during the duration of installation and maintenance thereof, and the cost of any repairs Tenant's access to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Lease, rooftop and Tenant shall remove reimburse Landlord for Landlord's costs in connection therewith (including any Antenna(s) and repair any damage to the roof occasioned by such removal. Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject to Landlord’s prior written approval thereof. In addition, Tenant agrees that if it has a security camera installed in the Premises, and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy of such tape. (b) Tenant shall indemnify and hold Landlord harmless from and against all costs, loss, expense or liability of any kind whatsoever arising out of the installation, use and/or removal by Tenant of the Antenna. Tenant shall maintain a comprehensive general liability insurance policy, including contractual liability, as set forth in Section 20(b) hereof, so long as the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlord’s roofing contractor costs relating to the installation and/or removal of the Antenna personnel for security and the roof penetration so standby) as not to violate any requirements or invalidate Landlord’s roof guarantyadditional rent hereunder. (d) Wherever Landlord’s approval is required pursuant to this Section 37, such approval shall not be unreasonably withheld.

Appears in 1 contract

Sources: Lease Agreement (Priceline Com Inc)

Antenna. (a) From the Term Commencement Date until the expiration or earlier termination of this Lease, Tenant has shall have an irrevocable license to use any portion of the right roof not used in connection with the operation of the Building and enjoy 24-hour access thereto (the “Rooftop License”) at a technologically sufficient location to install be proposed by Tenant and approved by Landlord (the “Rooftop Installation Area”). The Rooftop Installation Area is to be used by Tenant solely for the installation, operation, maintenance, repair and replacement during the Term of this Lease of an antenna and related equipment, to be located in a satellite dish(es), electronic transmitter(s) devices for similar purposes and the like vertical chase reasonably designated by Landlord (collectively, the “Antenna”) on ). Without limiting the roof generality of the Building and the right to install such Antenna on the other exterior surfaces of the Building in locations reasonably acceptable to Landlord to provide wireless services to the Premises, and to wire all such Antenna to the Premises in compliance with all applicable local zoning ordinances and regulations and in accordance with plans and specifications approved by Landlord and in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant’s Antenna(s) with existing antenna and communication equipment on the roof of the Building. The cost of installation and maintenance thereof, and the cost of any repairs to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Leaseforegoing, Tenant shall remove any Antenna(s) and repair any damage to not install the roof occasioned by such removal. Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject to Antenna without Landlord’s prior written approval thereofconsent thereto, which consent shall not be unreasonably withheld, conditioned or delayed. In additionTenant’s installation and operation of the Antenna and its obligations with respect thereto shall be all in accordance with the terms, Tenant agrees that if it has a security camera installed provisions, conditions and agreements contained in this Lease. Any equipment currently located on the Premisesrooftop of the Building (other than any functional Building systems) shall be removed prior to the Term Commencement Date, and such camera captures a recording so long as Tenant leases one hundred percent (100%) of an alleged criminal incident, provided that Tenant has a tape the Rentable Floor Area of such incident, if Building Landlord requests such tape Tenant shall promptly provide not permit another party to use the rooftop for communications purposes nor shall Landlord with a copy of such tapeuse the rooftop for communications purposes. (b) Tenant shall indemnify install the Antenna in the Rooftop Installation Area at its sole cost and hold expense, at such times and in such manner as Landlord harmless from may reasonably designate and against in accordance with all costs, loss, expense or liability of any kind whatsoever arising out of the installationapplicable provisions of this Lease. Landlord shall not be obligated to perform any work or incur any expense to prepare the Rooftop Installation Area for Tenant’s use thereof. (c) Prior to commencing installation of the Antenna, use and/or removal Tenant shall provide Landlord with (i) copies of all required permits, licenses and authorizations which Tenant will obtain at its own expense and which Tenant will maintain at all times during the operation of the Antenna (and Landlord shall reasonably cooperate with Tenant in Tenant’s efforts to procure the same, at no cost or expense to Landlord); and (ii) a certificate of insurance evidencing insurance coverage as required by Tenant this Lease and any other insurance reasonably required by Landlord for the installation and operation of the Antenna. Tenant shall maintain a comprehensive general liability insurance policy, including contractual liability, as set forth agrees to reimburse Landlord for reasonable third-party expenses incurred in Section 20(b) hereof, so long as connection with the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlordreview and approval of Tenant’s roofing contractor relating to plans showing the proposed installation and/or removal of the Antenna and the roof penetration so as not to violate any requirements or invalidate Landlord’s roof guarantyAntenna. (d) Wherever Tenant shall pay to Landlord as Additional Rent (the “Antenna Rent”), all applicable taxes or governmental charges, fees, or impositions imposed upon Landlord and arising out of Tenant’s use of the Rooftop Installation Area, and the amount, if any, by which Landlord’s approval is required pursuant insurance premiums increase as a result of the installation of the Antenna. (e) Within fifteen (15) days following the expiration or earlier termination of the Lease or the permanent termination of the operation of the Antenna by Tenant, Tenant shall, at its sole cost and expense, (i) remove the Antenna from the Rooftop Installation Area and the Building in accordance with the terms hereof, (ii) leave the Rooftop Installation Area in good order and repair, reasonable wear and tear and damage by casualty excepted and (iii) pay all amounts due and owing with respect to the Rooftop License up to the date of the termination thereof. If Tenant does not remove the Antenna when so required, the Antenna shall become Landlord’s property and, at Landlord’s election, Landlord may remove and dispose of the Antenna and charge Tenant for all costs and expenses incurred as Additional Rent. Notwithstanding that Tenant’s use of the Rooftop Installation Area shall be subject at all times to and shall be in accordance with the terms, covenants, conditions and agreements contained in this Section 37Lease, such approval the Rooftop Installation Area shall not be unreasonably withhelddeemed part of the Premises. All Tenant obligations under this Section 11.1(e) shall survive the Term of this Lease. (f) A consent required from Landlord under this Section 11.1 with respect to a particular Rooftop License matter may be deemed given in accordance with the following procedure. Tenant shall provide an initial written notice to Landlord (which shall include all materials required under this Section 11.1) with the following written on the outside of the delivery envelope: “FAILURE TO RESPOND TO THIS NOTICE WITHIN TWENTY DAYS SHALL RESULT IN THE DEEMED APPROVAL OF ROOFTOP LICENSE MATTER AFFECTING ALTUS PHARMACEUTICALS INC.’S TENANCY AT 333 ▇▇▇▇▇ STREET IN WALTHAM, MASSACHUSETTS.” If Landlord does not respond to such request within twenty (20) days after delivery to Landlord, Tenant shall provide another written notice to Landlord (which shall also include all materials required under this Section 11.1) with the following written on the outside of the delivery envelope: “FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE BUSINESS DAYS SHALL RESULT IN THE DEEMED APPROVAL OF A ROOFTOP LICENSE MATTER AFFECTING ALTUS PHARMACEUTICALS INC.’S TENANCY AT 333 ▇▇▇▇▇ STREET IN WALTHAM, MASSACHUSETTS.” If Landlord does not respond to such second notice within five (5) Business Days after delivery to Landlord, then the consent required from Landlord with respect to such Rooftop License matter (but no other matter) shall be deemed given. Executed to take effect as a sealed instrument. LANDLORD: 275 ▇▇▇▇▇ LLC By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Manager TENANT: ALTUS PHARMACEUTICALS INC. By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Vice President, Chief Financial Officer and Treasurer

Appears in 1 contract

Sources: Office Lease (Altus Pharmaceuticals Inc.)

Antenna. (a) 42.01 Tenant has advised Landlord that it may require communication services in connection with the right to install operation of Tenant's business which would necessitate the construction, installation, operation, maintenance and use by Tenant of a satellite dish(es)dish or antenna, electronic transmitter(stogether with related equipment, mountings, supports and conduit (herein collectively referred to as the "ANTENNA") devices for similar purposes and on the like (collectivelyroof of the Building. Subject to the existing rights of other tenants, subtenants or occupants of the “Antenna”) Building or any licensees of any portions of the area on the roof of the Building and the right terms of this Article 42, Landlord shall make available to install such Antenna on the other exterior surfaces of the Building in locations reasonably acceptable to Landlord to provide wireless services to the PremisesTenant, for Tenant's own use (and to wire all such Antenna to the Premises in compliance with all applicable local zoning ordinances and regulations and in accordance with plans and specifications approved by Landlord and in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant’s Antenna(snot for resale or sublicensing purposes) with existing antenna and communication equipment space on the roof of the BuildingBuilding for the Antenna at a location designated by Landlord in its sole discretion. The cost Landlord shall reserve space on the roof of installation and maintenance thereofthe Building for the Antenna for a period of six (6) months from the date hereof provided, however, that if Tenant has not notified Landlord within such six (6) month period of its election to install such Antenna, Landlord shall have no further obligation to reserve any portion of the roof for Tenant's use and the cost use of any repairs the roof for such purposes shall be allocated on a "first-come, first served" basis. Tenant's use of the roof of the Building shall be on a non-exclusive basis. In connection with Tenant's use of the roof of the Building and subject to the rights of other tenants, occupants and licensees in the Building, Landlord shall, upon reasonable prior notice to Landlord, make available to Tenant access to the roof which are necessitated by for the construction, installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Leasemaintenance, Tenant shall remove any Antenna(s) repair, operation and repair any damage to the roof occasioned by such removal. Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject to Landlord’s prior written approval thereof. In addition, Tenant agrees that if it has a security camera installed in the Premises, and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy of such tape. (b) Tenant shall indemnify and hold Landlord harmless from and against all costs, loss, expense or liability of any kind whatsoever arising out of the installation, use and/or removal by Tenant of the Antenna. It is agreed, however, that only Tenant and authorized licensed engineers and contractors, federal, state or local governmental inspectors or persons under their direct supervision will be permitted to have access to the roof. Tenant further agrees to exercise firm control over the people requiring access to the roof in order to keep to a minimum the number of people having access to the roof and the frequency of their visits. Landlord shall maintain a comprehensive general liability insurance policyprovide, including contractual liabilityto the extent available, as set forth reasonable space in Section 20(b) hereofthe conduits of the Building to allow Tenant, so long as at Tenant's sole cost and expense, to run electrical and telecommunications wiring from the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlord’s roofing contractor relating to the Demised Premises. The installation and/or removal of the Antenna shall constitute a Tenant's Change and shall be performed at Tenant's sole cost and expense (including, without limitation, any costs and expenses in connection with reinforcing the roof penetration so as not of the Building, if required) in accordance with and subject to violate any requirements the provisions of this lease, including, without limitation, Article 13 hereof, and notwithstanding anything herein or invalidate Landlord’s roof guaranty. (d) Wherever Landlord’s in this lease to the contrary, Tenant's right to install the Antenna shall be subject to the prior approval by Landlord of plans and specifications for the Antenna, including, without limitation, the size, height, dimensions, color and manner in which same is required pursuant attached to this Section 37the roof, such which approval shall not be unreasonably withheld, conditioned or delayed in accordance with the provisions of Article 13. All of the applicable provisions of this lease shall apply to the installation, use, operation and maintenance of the Antenna, including, without limitation, provisions relating to compliance with laws, insurance, indemnity, repairs and maintenance. The license granted to Tenant in this Article 42 shall not be assignable by Tenant separate and apart from this lease and may not be sublicensed by Tenant.

Appears in 1 contract

Sources: Lease Agreement (Bolt Inc)

Antenna. (a) Tenant has shall have the right to install a satellite dish(es)place communications dishes, electronic transmitter(s) devices for similar purposes antennae and the like related equipment (collectively, collectively the “AntennaAntenna Equipment”) on the roof of the Building and the right to install such Antenna on the other exterior surfaces for its own use. Placement of the Building in locations reasonably acceptable to Landlord to provide wireless services to the Premises, and to wire all such Antenna to the Premises in compliance Equipment will comply with all applicable local zoning ordinances Laws. There shall be no charge to Tenant during the Term or any Extension Terms for the placement of Antenna Equipment. The specific location of the Antenna Equipment, and regulations and in accordance with the plans and specifications approved by Landlord for such equipment and in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant’s Antenna(s) with existing antenna and communication equipment on the roof of the Building. The cost of installation and maintenance thereof, and the cost of any repairs to the roof which are necessitated by the its installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Lease, Tenant shall remove any Antenna(s) and repair any damage to the roof occasioned by such removal. Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject to Landlord’s prior written approval thereof. In additionapproval, Tenant agrees that if it has a security camera installed in the Premises, and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy of such tape. (b) Tenant shall indemnify and hold Landlord harmless from and against all costs, loss, expense or liability of any kind whatsoever arising out of the installation, use and/or removal by Tenant of the Antenna. Tenant shall maintain a comprehensive general liability insurance policy, including contractual liability, as set forth in Section 20(b) hereof, so long as the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlord’s roofing contractor relating to the installation and/or removal of the Antenna and the roof penetration so as not to violate any requirements or invalidate Landlord’s roof guaranty. (d) Wherever Landlord’s approval is required pursuant to this Section 37, such approval which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall have unrestricted twenty four (24) hours per day, seven (7) days per week access to the Antenna Equipment. If the rooftop is secured and not open to access, Landlord shall provide Tenant with the necessary keys or a procedure whereby Tenant can obtain access at any time. Upon vacating the Premises, Tenant shall remove the Antenna Equipment installed pursuant to this Section and shall restore the roof to substantially its condition prior to installation of the Antenna Equipment described herein, reasonable wear and tear and casualty damage excepted. With Landlord’s approval as to location and manner of installation, which shall not be unreasonably withheld, conditioned, or delayed, Tenant shall be entitled to install, connect, run, and maintain fiber optic conduits, telephone lines, and other wiring within the Building which shall be reasonably located so as not materially to interfere with other tenants. Tenant shall also be entitled to upgrade the power supply to the Antenna Equipment. Tenant shall receive any condemnation award related to the Antenna Equipment installed by Tenant pursuant hereto. Tenant, Landlord, and any other tenant or licensee in the Building operating communications dishes, antennae, or other telecommunications equipment shall (1) operate their equipment within the technical parameters specified by its manufacturer and/or as defined by the FCC, and (2) shall not use any portion of the Building in any way which causes radio frequency and/or electrical interference with any equipment of another tenant or licensee operated prior in time to the interfering equipment and in accordance with subsection (1) hereof. In the event of any such interference by Landlord or Tenant, Landlord or Tenant shall terminate the interference (as applicable). In the event the interference is caused by Landlord’s tenants or licensees, Landlord shall use its best efforts to cause such interference be terminated. Tenant shall also have the right to place Antenna Equipment within the Premises.

Appears in 1 contract

Sources: Lease Agreement (Power Solutions International, Inc.)

Antenna. Subject to any rights previously given by Landlord to other parties and otherwise subject to such reasonable rules and regulations as Landlord may promulgate from time to time for the purpose of safety and frequency management, Tenant may continue to maintain Tenant’s existing dome antenna (a) Tenant has the right to install a satellite dish(es), electronic transmitter(s) devices for similar purposes and the like (collectively, the “Antenna”) serving the Premises on the roof top of the Building throughout the Term of this Lease and any renewals or extension thereof subject to the right following conditions: (i) Tenant shall maintain the Antenna at its sole cost and expense in a safe condition and good repair throughout the Term; (ii) prior to install such Antenna any work to be performed on the other exterior surfaces of the Building in locations reasonably acceptable to Landlord to provide wireless services to the Premises, and to wire all such Antenna to the Premises in compliance with all applicable local zoning ordinances and regulations and in accordance with plans and specifications approved by Landlord and in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant’s Antenna(s) with existing antenna and communication equipment on the roof of the Building. The cost of installation and maintenance thereof, and the cost of any repairs to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this LeaseAntenna, Tenant shall remove any Antenna(s) submit to Landlord for its review and repair any damage to the roof occasioned by such removal. Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use approval (e.g., swipe card, combination lock, security cameras or otherwise), subject to Landlord’s prior written approval thereof. In addition, Tenant agrees that if it has a security camera installed in the Premises, and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy of such tape. (b) Tenant shall indemnify and hold Landlord harmless from and against all costs, loss, expense or liability of any kind whatsoever arising out of the installation, use and/or removal by Tenant of the Antenna. Tenant shall maintain a comprehensive general liability insurance policy, including contractual liability, as set forth in Section 20(b) hereof, so long as the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlord’s roofing contractor relating to the installation and/or removal of the Antenna and the roof penetration so as not to violate any requirements or invalidate Landlord’s roof guaranty. (d) Wherever Landlord’s approval is required pursuant to this Section 37, such which approval shall not be unreasonably withheld., conditioned or delayed) plans and specifications for such work in accordance with the reasonable direction of Landlord relative thereto; (iii) Tenant shall obtain all the necessary permits and approvals which may be required from all lawful authorities (including those responsible for overseeing historical structures) for the continued use of such Antenna; and (iv) as a condition to such continued use of the Antenna, during such time as Landlord is performing Landlord’s Work, Tenant shall, at Tenant’s sole cost and expense relocate the cable(s) connecting the Antenna and Tenant’s Premises (and relocate the Antenna to an alternate location on the top of the Building, in a location reasonably designated by Landlord, if necessary) such that no portion of such cable passes through the premises of any tenant adjacent to the Premises (including without limitation the space in the Building Tenant is vacating under the Sublease referenced in 3.1 above); provided, however, that the cable may pass through the conduit in which it is currently located into the electrical room on the first floor of the Building and through the ceiling of the Premises adjacent to Tenant’s Premises (the “Antenna Cable”). In the event Tenant desires to access the Antenna Cable, Tenant shall coordinate such access through Landlord and shall have no right to independently access the adjacent Premises. In addition, Landlord reserves the right to relocate the Antenna Cable, at Landlord’s expense, to alternate locations reasonably determined by Landlord. In the event that Landlord performs repairs to or replaces the roof, Tenant shall, at Tenant’s cost, remove the Antenna and relocate it to an alternate location reasonably designated by Landlord and reasonably acceptable to Tenant until such time as Landlord has completed such repairs or replacements. The Antenna shall be removed by Tenant, at Tenant’s cost, in a good and workmanlike manner upon the expiration or sooner termination of this Lease. Accompanied by a representative of Landlord, Tenant or Tenant’s representatives may, at reasonable times during the Term, gain access to the Antenna for the inspection, maintenance, repair, replacement or removal of same. Any penetrations to the roof of the Building authorized under this Section 30, at Landlord’s election, shall be performed by Landlord’s roofing contractor. To the extent not inconsistent with this Section 30, Section 9 of this Lease shall govern the performance of any work authorized under this Section 30 and Landlord’s and Tenant’s respective rights and obligations regarding such work. Landlord and Tenant have executed this Lease as of the day and year first above written. /s/ ▇▇▇▇▇ ▇▇▇▇▇ NORMANDY ▇▇▇▇▇▇▇▇▇ ROAD, LLC, a Delaware limited liability company Name (print): By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: Title:

Appears in 1 contract

Sources: Office Lease Agreement (Bio Key International Inc)

Antenna. (a) Landlord agrees that Tenant has the right to install a satellite dish(es), electronic transmitter(s) devices for similar purposes and the like (collectively, the “Antenna”) may lease space on the roof of the Building so that Tenant may install one satellite transmitting or receiving dish or an antenna necessary for Tenant’s business (and not for public broadcasting) (the “Antenna”), provided that (a) the size, location and manner of installation of such Antenna shall be determined by Landlord in its reasonable discretion, (b) the Antenna a shall be located so as to not be visible except from above the Building and Tenant shall install such screens as may be necessary to prevent the visibility of the Antenna, (c) no such Antenna shall be affixed to the roof of the Building by any device which penetrates the roof and Landlord shall have the right to install such Antenna on the other exterior surfaces approve in advance Tenant’s mounting of the Building in locations reasonably acceptable to Landlord to provide wireless services Antenna, (d) Tenant shall bear all costs and liability incurred with respect to the Premisesinstallation, operation, maintenance, removal and insuring of the Antenna, (e) installation, operation and removal of the Antenna shall be performed in such manner as is necessary in order to wire all such preserve Landlord’s roof warranty, (f) the installation, operation and maintenance of the Antenna to the Premises is permitted under and performed in full compliance with all applicable federal, state and local zoning ordinances laws and regulations and in accordance with plans the rules and specifications approved by Landlord and in a location approved by Landlord. In reviewing regulations of the Building, (g) Tenant’s Antenna plans shall not interfere with any other existing equipment and Tenant shall work with Landlord may reasonably consider, among other things, material or Landlord’s contractor to resolve any interference of Tenant’s Antenna(s) with existing antenna and communication equipment on the roof of the Building. The cost of installation and maintenance thereofissues, and (h) Tenant shall also be responsible for the cost of any repairs the electricity to operate the roof which are necessitated by Antenna. Landlord agrees that Tenant shall have the non-exclusive right to use the risers in the Building for installation, repair and/or operation, maintenance and removal of the Antenna(sAntenna; provided that (i) such use of the riser space shall be borne solely by shared with other tenants and the providers of services to the Building, (ii) Tenant shall make no installation or alteration in any riser without Landlord’s prior written consent, and (iii) such use otherwise complies with this Article 21. Tenant shall be responsible for the repair and maintenance of the Antenna a and all related equipment and wiring during the Term of this Lease, at Tenant. Upon ’s sole cost and expense, and upon the termination of this LeaseLease shall, Tenant shall at Tenant’s sole cost and expense, remove any Antenna(s) said Antenna and all related equipment and wiring and repair any damage to the roof occasioned by or risers of the Building caused as a result of such use or removal. Any required structural support or reinforcement shall be made at Tenant’s sole cost and will be performed by Landlord or Landlord’s contractors. Landlord will not be liable to Tenant shall also be permitted or to run cableany other person whomsoever for any injury to person or damage to property, fiber optic networks, and arising out of any use of the roof or any other systems and equipment throughout portion of the Building in order to connect connection with the various areas within the Building occupied from time to time by TenantAntenna, and in order to connect such areas to outside telephone, cable, optical network Tenant hereby indemnifies Landlord from any and other providers in locations and pursuant to plans and specifications approved by Landlord. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject to Landlord’s prior written approval all liability thereof. In addition, Tenant agrees that if it has a security camera installed in the Premises, and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy of such tape. (b) Tenant shall indemnify and hold Landlord harmless from and against all costs, loss, expense or liability of any kind whatsoever arising out of the installation, use and/or removal by Tenant of the Antenna. Tenant shall maintain a comprehensive general liability insurance policy, including contractual liability, as set forth in Section 20(b) hereof, so long as the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlord’s roofing contractor relating to the installation and/or removal of the Antenna and the roof penetration so as not to violate any requirements or invalidate Landlord’s roof guaranty. (d) Wherever Landlord’s approval is required pursuant to this Section 37, such approval shall not be unreasonably withheld.

Appears in 1 contract

Sources: Office Lease (Enfusion, Inc.)

Antenna. (a) From the Term Commencement Date until the expiration or earlier termination of this Lease, Tenant has shall have a license to use a portion of the right roof of the Building and enjoy 24-hour access thereto (the “Rooftop License”) at a technologically sufficient location to install be proposed by Tenant and approved by Landlord (the “Rooftop Installation Area”). The Rooftop Installation Area is to be used by Tenant solely for the installation, operation, maintenance, repair and replacement during the Term of this Lease of an antenna no more than thirty-six inches (36”) in diameter and other related communications equipment, including one two-inch (2”) conduit connecting the antenna to the Premises, to be located in a satellite dish(es), electronic transmitter(s) devices for similar purposes vertical chase mutually designated by Landlord and the like Tenant (collectively, the “Antenna”) on the roof ). Tenant’s installation and operation of the Building Antenna and the right to install such Antenna on the other exterior surfaces of the Building in locations reasonably acceptable to Landlord to provide wireless services to the Premises, and to wire its obligations with respect thereto shall be all such Antenna to the Premises in compliance with all applicable local zoning ordinances and regulations and in accordance with plans the terms, provisions, conditions and specifications approved by Landlord and agreements contained in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant’s Antenna(s) with existing antenna and communication equipment on the roof of the Building. The cost of installation and maintenance thereof, and the cost of any repairs to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Lease, Tenant shall remove any Antenna(s) and repair any damage to the roof occasioned by such removal. Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject to Landlord’s prior written approval thereof. In addition, Tenant agrees that if it has a security camera installed in the Premises, and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy of such tape. (b) Tenant shall indemnify install the Antenna in the Rooftop Installation Area at its sole cost and hold Landlord harmless from and against all costs, loss, expense or liability of any kind whatsoever arising out including use of the installationImprovement Allowance, use and/or removal by Tenant at such times and in such manner as Landlord may reasonably designate and in accordance with all of the Antennaapplicable provisions of this Lease. Tenant Other than the completion of Landlord’s Initial Construction, including, without limitation, Section 5.9), Landlord shall maintain a comprehensive general liability insurance policy, including contractual liability, as set forth in Section 20(b) hereof, so long as not be obligated to perform any work or incur any expense to prepare the Antenna is under construction, in place and/or being removedRooftop Installation Area for Tenant’s use thereof. (c) Tenant shall work exclusively not install or operate the Antenna until it receives prior written approval from Landlord, which Landlord agrees shall not be unreasonably withheld, conditioned or delayed, provided and on the condition that Tenant complies with Landlord’s roofing contractor relating all of the requirements of this Lease including without limitation Section 5.9 and this Article XI. Prior to commencing installation of the installation and/or removal Antenna, Tenant shall provide Landlord with (i) copies of all required permits, licenses and authorizations which Tenant will obtain at its own expense, including use of the Improvement Allowance, and which Tenant will maintain at all times during the operation of the Antenna (and Landlord shall reasonably cooperate with Tenant in Tenant’s efforts to procure the roof penetration so same, at no cost or expense to Landlord); and (ii) a certificate of insurance evidencing insurance coverage as not required by this Lease and any other insurance reasonably required by Landlord for the installation and operation of the Antenna. Tenant agrees to violate any requirements or invalidate Landlordreimburse Landlord for reasonable expenses incurred in connection with the review and approval of Tenant’s roof guarantyplans showing the proposed installation of the Antenna. (d) Wherever Tenant shall pay to Landlord as Additional Rent the amount, if any, by which Landlord’s approval is required pursuant to this Section 37, such approval shall not be unreasonably withheldinsurance premiums increase as a result of the installation of the Antenna.

Appears in 1 contract

Sources: Lease Agreement (Pegasystems Inc)

Antenna. (a) Tenant has shall have the right right, at Tenant's sole cost, to install a satellite dish(es), electronic transmitter(s) devices for similar purposes and the like (collectively, the “Antenna”) maintain on the roof of the Building one or more (but not more than four) microwave, satellite or telemetry dish or antenna (the "Antennas" and each an "Antenna") solely for use by Tenant for transmitting or receiving voice, video or other data, and to connect such devices to Tenant's equipment located within the Premises with cabling and wiring ("Antenna C&W") through horizontal and vertical pathways located within the Building as approved by Landlord, under and subject to the conditions that: (i) Tenant shall comply with all laws, codes and requirements applicable thereto, (ii) Tenant shall obtain Landlord's prior approval of the location of each of the Antennas and the Antenna C&W and of the plans and specifications for the same, such approval not to be unreasonably withheld or delayed, and which approval may be withheld if the Antenna or the Antenna C&W exceeds the safe capacity of the Building's structural limitations, electrical systems, mechanical systems, or other Building systems, (iii) no later than the expiration or sooner termination of the Term, at Tenant's sole expense, Tenant shall remove all of the Antennas and all Antenna C&W and repair any resulting damage, (iv) Tenant shall maintain each Antenna and the Antenna C&W in a safe, good, and orderly condition, (v) the installation, maintenance, repair, and removal of all of the Antennas and the Antenna C&W shall be performed at Tenant's sole expense in a manner which will not impair the integrity of, damage, or adversely affect the warranty applicable to, the roof or any other portion of the Property, (vi) Tenant's right to install such and use the Antennas and the Antenna C&W shall be limited to Tenant's (and Tenant's affiliates, subtenants' and assignees') business operations on the Premises and (vi) the Antennae and the Antenna C&W will not materially impair or interfere with any electrical systems, alarm systems, security devices, or utility services or other exterior surfaces Building systems in use on the Property. Tenant shall not permit any of the Antennas and the Antenna C&W to be used by other entities. No installation of Tenant's Antennae or the Antenna C&W shall be done in such a manner as to penetrate the Building in locations reasonably acceptable to Landlord to provide wireless services to the Premises, and to wire all roof unless such Antenna to the Premises in compliance with all applicable local zoning ordinances and regulations and in accordance with plans and specifications approved by Landlord and in a location approved work is performed by Landlord's designated roofing contractor. In reviewing Tenant’s If Landlord approves installation of the Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant’s Antenna(s) with existing antenna and communication equipment on the roof of the Building. The cost of , Tenant agrees to consult with Landlord's roofing contractor prior to installation and maintenance thereofstrictly to comply with the roofing contractor's recommendations and requirements, and in order to maintain any existing warranties on the cost of any repairs to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Lease, Tenant shall remove any Antenna(s) and repair any damage to the roof occasioned by such removalroof. Tenant shall also be permitted to run cablepay all costs incurred by Landlord in connection with the Antenna and the Antenna C&W including without limitation all architectural, fiber optic networksengineering, contractors' and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlordlegal fees. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject to Landlord’s prior written approval thereof. In addition, Tenant agrees that if it has a security camera installed in the Premises, and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy of such tape. (b) Tenant shall indemnify and hold Landlord and its managing agent harmless from and against all costs, loss, expense liability and damage suffered or liability incurred in connection with Tenant's construction, use, repair or maintenance of any kind whatsoever arising out Antennas and the Antenna C&W. If the location or operation of such Antenna or the Antenna C&W interferes any electrical systems, alarm systems, security devices, or utility services or other Building systems in use on the Property or any other antenna or other similar communication device located on or within the Building, Tenant shall, upon five (5) days written notice (or immediately in case of an emergency), correct to Landlord's reasonable satisfaction such interference or remove the Antenna or the Antenna C&W as required by Landlord. With respect to (i) future changes to the Antenna and Antenna C&W Tenant installs in connection with its initial occupancy of the installation, use and/or removal by Premises and (ii) Antenna and Antenna C&W Tenant installs following its initial occupancy of the AntennaPremises, such future changes and installations shall not interfere with the systems of the Building or its tenants which exist as of the date of such future changes or installations. If such future change or installation causes such interference, Tenant shall, upon ten (10) days written notice from Landlord, correct to Landlord's reasonable satisfaction such interference. Tenant shall maintain a comprehensive general liability insurance policynot install an Antennae on the Property that emits EMF radiation at levels which, including contractual liabilitybased upon well established or widely accepted studies or other evidence, as set forth in Section 20(b) hereof, so long as threatens the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlord’s roofing contractor relating to the installation and/or removal health of the Antenna Building tenants, occupants, guests and invitees. If an Antennae installed by Tenant emits EMF radiation in excess of such threshold, Tenant shall, within five (5) business days after receiving notice of such condition, either repair or replace the roof penetration Antennae so as not to violate any requirements or invalidate Landlord’s roof guarantythat the EMF radiation it emits is below said threshold. (d) Wherever Landlord’s approval is required pursuant to this Section 37, such approval shall not be unreasonably withheld.

Appears in 1 contract

Sources: Lease Agreement (American Business Financial Services Inc /De/)

Antenna. (a) Tenant has shall have the right to install a satellite dish(es), electronic transmitter(s) devices for similar purposes and use up to Tenant’s Proportionate Share of the like (collectively, the “Antenna”) space on the roof of the Building available to tenants in such Building to install, maintain and repair antenna and/or satellite dishes for the purpose of serving and providing Tenant’s company communications (the “Antenna”), at Tenant’s sole cost and expense. The Antenna may not be used for commercial purposes. The right granted herein is personal to Onyx Software Corporation and shall not be assignable to any other party (other than a Permitted Transferee) in connection with any assignment of this Lease or any sublease of all or any part of the Premises and Tenant may not grant any other party any right to install such use the Antenna on for any purpose whatsoever. The design, appearance, size, location and method of installation of the other exterior surfaces Antenna shall be subject to Landlord’s reasonable approval and to all applicable laws and regulations. Landlord does not represent that the Antenna will be permitted under applicable laws or that the Antenna will function and Tenant shall be solely responsible for designing the Antenna to comply with laws and to be compatible with the design of the Building in locations reasonably acceptable and the other equipment located on the roof. If at any time the Antenna ceases to be permitted under applicable laws, Tenant’s rights under this Section shall terminate and be of no further force and effect. Upon termination of Tenant’s rights under this Section or upon Lease termination, Tenant at its sole cost and expense shall promptly remove the Antenna and all related wiring and equipment from the Building and shall restore the Building to its condition prior to such installation. Tenant shall be solely responsible for installation and maintenance of the Antenna and shall ensure that installation and maintenance do not void or limit any warranty Landlord to may have on the roof or roof membrane. Tenant shall provide wireless services to the Premises, and to wire all such Antenna to the Premises in compliance Landlord with all applicable local zoning ordinances and regulations and in accordance with full plans and specifications approved by Landlord for the Antenna prior to installation thereof and in a location approved by Landlord. In reviewing such plans shall include details regarding Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference proposed method of Tenant’s Antenna(s) with existing antenna and communication equipment on the roof installation. Subject to availability of the Building. The cost of installation and maintenance thereof, and the cost of any repairs to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Lease, Tenant shall remove any Antenna(s) and repair any damage to the roof occasioned by such removal. Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Furtherspace, Tenant shall be permitted to install throughout install, maintain, remove and replace cables or lines within the Premises, access and security systems for Building outside the Premises (at locations designated by Landlord) to connect the Antenna to the Premises at no charge to Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject . Prior to Landlord’s prior written approval thereof. In additioncommencement of any work hereunder, Tenant agrees that if it has a security camera installed in shall obtain and deliver to Landlord all necessary governmental permits for the Premises, Antenna and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy of such tape. (b) related equipment. Tenant shall indemnify and hold harmless Landlord harmless from and against all costs, loss, expense or liability of any kind whatsoever Claims arising out or in connection with the Antenna or the related equipment in the Building. Tenant acknowledges and agrees that Landlord has not represented or warranted that Tenant will have unlimited access to riser space or other space outside the Premises for the purpose of connecting the Antenna to the Premises and Landlord shall have no obligation to construct or designate additional riser space or equipment space to accommodate the Antenna or related equipment. Tenant acknowledges that riser space is a finite commodity and that Landlord may in its discretion limit Tenant’s total use of such space to accommodate and take into account use of the installation, use and/or removal by Tenant of the Antenna. Tenant shall maintain a comprehensive general liability insurance policy, including contractual liability, as set forth in Section 20(b) hereof, so long as the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlord’s roofing contractor relating to the installation and/or removal of the Antenna Building systems and the roof penetration so as not to violate any requirements or invalidate Landlord’s roof guarantyneeds of other Building tenants. (d) Wherever Landlord’s approval is required pursuant to this Section 37, such approval shall not be unreasonably withheld.

Appears in 1 contract

Sources: Office Building Lease (Onyx Software Corp/Wa)

Antenna. 19.01. Tenant shall have the right to (a) Tenant has the right install, maintain and operate up to install two (2) microwave antennas or communications dishes, or one such antenna and one such communications dish, each with a satellite dish(es)maximum width of 1.2 meters (each being herein called a "Microwave Antenna" and, electronic transmitter(s) devices for similar purposes and the like (collectively, the “Antenna”"Microwave Antennas") on the roof of the Building in an area reasonably acceptable to both Landlord and Tenant (such portion of the right roof being sometimes herein referred to install such as the "Antenna on Space"), (b) run lines and conduits and cables necessary for the other exterior surfaces operation of the Microwave Antennas from the roof of the Building in locations reasonably acceptable to Landlord to provide wireless services to the Premises, and to wire all such Antenna to into the Premises and (c) install, maintain and operate related equipment in compliance with all applicable local zoning ordinances and regulations and in accordance with plans and specifications approved by Landlord and in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant’s Antenna(s) with existing antenna and communication equipment two 2' x 2' LGX cabinets on the roof of the Building (herein referred to as the "Antenna Equipment"), provided that (and in the event Tenant makes such installations Tenant hereby covenants and agrees that): (i) such installations are performed in accordance with all laws and requirements of public authorities and do not cause structural damage to the Building, (ii) Tenant indemnifies and holds Landlord harmless from any liability, cost or expense connected therewith or arising therefrom of any nature whatsoever, (iii) Tenant promptly repairs any damage caused to the roof by reason of such installations, including without limitation, any repairs, restorations, maintenance, renewals or replacement of the roof necessitated by or in any way caused by or relating to such installations, (iv) Tenant removes such installations and lines and repairs any resulting damage to the Building and restores the roof and the Building to the condition which existed prior to any such installations, wear and tear and damage by casualty excepted, all at or prior to expiration of the term of this lease, (v) Tenant shall not install the Microwave Antennas without Landlord's prior approval of the manner of such installation, which approval Landlord agrees shall not be unreasonably withheld, conditioned or delayed and (vi) Tenant complies with such reasonable regulations and guidelines for antenna and dish installations and installation of the Antenna Equipment as Landlord may require from time to time. The cost foregoing notwithstanding, it is expressly understood and agreed that Tenant may substitute any antenna or communication dish for such Microwave Antennas provided that such substituted antenna and communications dish are substantially equivalent to or less than the size and scope of such Microwave Antennas and meets with such reasonable regulations and guidelines for antenna and dish installations as Landlord may require from time to time. Tenant shall have access to the roof as reasonably required in connection with the operation, installation and maintenance of the Microwave Antennas and the Antenna Equipment; provided however, Tenant shall always be accompanied on the roof at Tenant's expense by a representative of Landlord. Landlord agrees that such a representative shall be available upon one Business Day's request by Tenant (which need not be in writing) or upon such lesser notice as may be appropriate in case of an emergency. The Microwave Antennas and the Antenna Equipment are sometimes herein referred to collectively as the "Antenna." 19.02. Tenant shall pay to Landlord from and after the installation of each Microwave Antenna, as Additional Charges, as and when Fixed Rent is payable hereunder the following amounts with respect to each Microwave Antenna: (i) $18,000 per annum commencing on the later of the Commencement Date or the date the Microwave Antenna is installed and ending on December 31, 2012. (ii) $22,350 per annum during the period commencing on January 1, 2013 and ending on the Expiration Date. The Additional Charges with respect to each Microwave Antenna during any Extended Term shall be the fair market value for the space on which the Microwave Antenna is located, taking into account the facility to be installed therein, during such Extended Term (which may be subject to periodic increases) determined at such time and in such manner as the Fixed Rent for the Premises is determined provided, however, that the Additional Charges payable during the Extended Term for each Microwave Antenna shall never be less than the Additional Charges payable therefor immediately prior to the commencement of the Extended Term in question. 19.03. Tenant covenants and agrees that all installations made by Tenant on the rooftop of the Building or in any other part of the Building pursuant to the provisions of this Article 19 shall be at the sole risk of Tenant, and neither Landlord nor Landlord's agents or employees shall be liable for any damage or injury thereto caused in any manner, unless the same shall proximately result from the negligence or misconduct of Landlord, its agents, employees and contractors. If the Antenna is installed, Tenant shall obtain and thereafter maintain during the term of this lease liability insurance coverage for the benefit of Landlord and its managing agent in such amount and of such type as Landlord may reasonably require. If any installations referred to in this Article 19 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. 19.04. Tenant covenants and agrees that the Antenna shall not interfere with or adversely affect any of Landlord's equipment, installations, lines or machinery, or access thereto for maintenance, repair or removal. Tenant shall cooperate reasonably with any other tenant or person (a "Roof User") having equipment, installations, lines or machinery on the roof of the Building ("Rooftop Installations") so as not to cause (or to eliminate) any interference caused to such Rooftop Installations by the Antenna, and Landlord shall cooperate reasonably and shall use reasonable efforts to cause any Roof User to cooperate reasonably with Tenant so as not to cause (or to eliminate) any interference caused to the Antenna by Landlord's or such Roof User's Rooftop Installations. 19.05. Tenant acknowledges being advised by Landlord that Landlord has, and shall be, granting to third parties, various rights and licenses to utilize various portions of the Building and rooftop thereof for the installation of microwave dishes, satellite communications equipment, whip antenna and other communications equipment and related equipment (herein all of the foregoing are collectively called "Other Communications Equipment") and that, inasmuch as Landlord's ability to facilitate the installation and operation of such Other Communications Equipment will be of paramount importance to Landlord, Landlord shall have the right, at any time and from time to time, during the term of this Lease, upon thirty (30) days' prior written notice to Tenant, to require Tenant, at Landlord's expense as hereinafter provided, to relocate the Antenna to other areas of the Building and rooftop thereof as Landlord in its sole discretion may determine (provided that any such area to which Tenant shall be required to relocate the Antenna shall be no less suitable for Tenant's use (including line of sight) than the Antenna Space being used by Tenant prior to such relocation) so as to accommodate such Other Communications Equipment on the roof of the Building and so as to eliminate, or not to create, problems of interference with respect to or between Other Communications Equipment now, or in the future, installed on the roof or other areas of the Building. Landlord shall pay to Tenant the reasonable and actual out-of-pocket expenses incurred by Tenant in connection with such relocation, which expenses shall include, without limitation, the removal of the Antenna and the related conduits and cables, the purchasing of materials necessary for the relocation thereof, and the cost installation of any repairs the Antenna and other conduits and cables at such other location on the roof of the Building as shall be designated by Landlord within thirty (30) days after presentation by Tenant of an invoice for such expenses, together with documentation reasonably satisfactory to Landlord of the amount thereof. Such relocation shall, to the roof which are necessitated by extent practicable, be performed during hours other than Tenant's regular business hours so as to minimize any disruption of Tenant's normal business activities and except for such downtime such relocation shall not prevent Tenant from using its Antenna for its original intended purpose. Tenant and Landlord shall cooperate with each other to effectuate the installation, repair and/or removal relocation of the Antenna(s) Antenna, support structures and related equipment, as shall be borne solely reasonably required by Tenant. Upon the termination of this Lease, Tenant shall remove any Antenna(s) and repair any damage to the roof occasioned by such removalLandlord. 19.06. Tenant shall also not be permitted to run cableassign or transfer all or any portion of the rights granted to Tenant pursuant to this Article 19 or to permit all or any portion of the Antenna Space to be used or occupied by any person or entity other than Tenant, fiber optic networksexcept for an assignee of this Lease or a subtenant of all or a portion of the Premises pursuant to an assignment or sublease pursuant to Article 8 hereof. 19.07. If Tenant shall not have installed the one or both of the Microwave Antennas on or before the second (2nd) anniversary of the Commencement Date, then commencing on the second (2nd) anniversary of the Commencement Date and continuing thereafter, Tenant's right to install the Microwave Antenna(s) not so installed shall be subject to the condition that Landlord shall have available, at the time Tenant desires to install such Microwave Antenna(s), sufficient space on the rooftop of the Building to accommodate Tenant's proposed installation, it being understood that Landlord shall not be under any obligation from and after the second (2nd) anniversary of the Commencement Date to reserve space for Tenant's Microwave Antenna(s), and other systems from and equipment throughout after such second (2nd) anniversary of the Commencement Date, Landlord shall have the right to use the Antenna Space for any purpose as Landlord may wish, including, without limitation, permitting another tenant of the Building or another third party to install an antenna in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by LandlordAntenna Space. 19.08. Further, Tenant shall be permitted to install throughout up to two (2) additional Microwave Antennas on the Premises, access roof of the Building in accordance with all of the terms and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject to Landlord’s prior written approval thereof. In addition, Tenant agrees that if it has a security camera installed in the Premises, and such camera captures a recording conditions of an alleged criminal incidentthis Article 19, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy of such tape.and on the condition that: (bi) Tenant shall indemnify and hold Landlord harmless from and against all costs, loss, expense or liability of any kind whatsoever arising out space on the roof of the installation, use and/or removal by Building would be available for such additional Microwave Antennas without allocating to Tenant a disproportionate amount of the Antenna. Tenant shall maintain a comprehensive general liability insurance policyspace available on the roof of the Building for such purpose, including contractual liability, as set forth in Section 20(b) hereof, so long as the Antenna is under construction, in place and/or being removed.and (cii) Tenant shall work exclusively the Additional Charges payable with Landlord’s roofing contractor relating respect to such additional Microwave Antennas would be the installation and/or removal fair market value of the Antenna and allocated roof space at the roof penetration so as not to violate any requirements or invalidate Landlord’s roof guarantytime of installation. (d) Wherever Landlord’s approval is required pursuant to this Section 37, such approval shall not be unreasonably withheld.

Appears in 1 contract

Sources: Lease Agreement (Bear Stearns Companies Inc)

Antenna. (a) 41.01. Landlord agrees that, subject to all applicable Legal Requirements and further subject to the conditions and limitations hereinafter stipulated, Tenant has shall have the right right, during the term of this Lease, at Tenant’s sole cost and expense, to install on a satellite dish(es)portion of the rooftop of the Building and to thereafter maintain, electronic transmitter(srepair, and operate a one (1) devices for similar purposes communications antenna or microwave dish not to exceed 24” in diameter (herein called, together with related support structures, wires, cables and the like (collectivelyother equipment, the “Antenna”) as an incident to the conduct of Tenant’s business in the Premises, provided and on condition that: (a) as of the date that Tenant submits Tenant’s plans and specifications for the Antenna, Landlord shall have available for use by Tenant sufficient space on the roof of the Building, in Landlord’s sole reasonable judgment (taking into account then-current and future anticipated needs), for Tenant’s Antenna; (b) Landlord, in its reasonable judgment, shall designate the portion of the rooftop for such installation (herein called the “Antenna Space”), and from and after the date that Landlord makes the Antenna Space available to Tenant, Tenant shall pay to Landlord, as Additional Charges, Landlord’s then customary monthly rent for the use of the Antenna Space (on a pro rata basis, based on the number of rentable square feet contained in the Antenna Space); (c) the size and dimensions of the Antenna, including any reasonably required support structures, shall be subject to Landlord’s prior consent, such consent not to be unreasonably withheld or delayed; (d) no such equipment shall extend higher than the parapet of the roof of the Building; (e) the installation and position of such Antenna, including any reasonably required support structures, shall comply with all applicable Legal Requirements and any or all rules, regulations, orders and other requirements of the New York Board of Underwriters and/or the New York Fire Insurance Rating Organization and/or any other similar body performing the same or similar functions and having jurisdiction or cognizance over the Building and/or the Antenna Space, whether now or hereafter in force (herein collectively called the “Antenna Legal Requirements”); (f) the installation of any electrical or communications lines (“Wiring”) and related equipment in connection with the installation and operation of the Antenna, as well as the manner and location (i.e., routing) of all Wiring and related equipment in connection therewith shall (A) be at Tenant’ s sole cost and expense, (B) be subject to Landlord’s prior consent, such consent not to be unreasonably withheld, (C) comply with the Antenna Legal Requirements and (d) be performed in accordance with all applicable terms, covenants and conditions of this Lease, including the provisions of Article 11 hereof; (g) the Antenna, including all support structures, Wiring and related equipment, shall be maintained and kept in repair by Tenant, at Tenant’s sole cost and expense; and (h) Tenant shall not install the Antenna without Landlord’s prior approval of (i) all plans and specifications for the work and installations to be performed by Tenant pursuant to this Article 41, and (ii) the manner of installation thereof, which approval shall not to be unreasonably withheld. Such work and installations shall be further subject to inspection and reasonable supervision by Landlord. The parties acknowledge and agree that Tenant’s use of the rooftop of the Building is a nonexclusive use and that Landlord has permitted and may permit, in the future, the use of other portions of the roof by any other persons, firms or corporations for such use as Landlord may determine in its sole discretion, including the installation of other antennas and support equipment. 41.02. For the purpose of installing, servicing or repairing the Antenna and related equipment, Tenant shall have access to the rooftop of the Building upon prior reasonable request of Landlord. All access by Tenant to the rooftop of the Building shall be subject to the reasonable supervision and control of Landlord and to Landlord’s reasonable safeguards for the security and protection of the Building, the Building equipment and installations and equipment of other tenants and occupants of the Building as may be located on the roof of the Building. Landlord shall have the right to assign a Building representative to be present during the duration of Tenant’s access to the roof and Tenant shall pay to Landlord the amount of Landlord’s commercially reasonable charges therefor as Additional Charges hereunder. 41.03. Tenant, at Tenant’s sole cost and expense, shall 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 said roof as to the installation, repair, maintenance and operation of the Antenna, including any support structures and related equipment erected or installed by Tenant pursuant to the provisions of this Article 41. Tenant, at Tenant’s sole cost and expense, shall secure and thereafter maintain all permits and licenses required for the installation, operation, maintenance or replacement of the Antenna, including any support structures and related equipment erected or installed by Tenant pursuant to the provisions of this Article 41, including, without limitation, any approval, license or permit required from the Federal Communications Commission. In no event shall the maximum level of microwave emissions from the Antenna exceed an amount equal to Tenant’s proportionate share, as reasonably determined by Landlord, of the total microwave emissions allowable for the Building as determined by the governmental authorities having jurisdiction thereof. 41.04. Tenant shall pay for all electrical service required for Tenant’s use of the Antenna and related equipment erected or installed by Tenant pursuant to the provisions of this Article 41 in accordance with Article 14 hereof; provided, however, Landlord shall provide, at Tenant’s sole cost and expense, a reasonable amount of electricity in order for Tenant to operate the Antenna in a location reasonably designated by Landlord. 41.05. The Antenna, including any support structures and related equipment installed by Tenant pursuant to the provisions of this Article 41, shall be Tenant’s Property, and, upon the expiration or earlier termination of the term of this Lease, shall be removed by Tenant at Tenant’s sole cost and expense to the extent required pursuant to and in accordance with the provisions of Section 12.01 hereof. All wiring and related electrical equipment installed by Tenant in connection with the installation and operation of the Antenna shall be Tenant’s Property. Upon the expiration or earlier termination of the term of this Lease, if Landlord so directs by written notice to Tenant, Tenant shall promptly remove such Wiring and electrical 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 rooftop 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 Antenna, including any support structures, Wiring and related equipment erected or installed by Tenant pursuant to the provisions of this Article 41, and restore said affected areas to their condition as existed prior to the installation thereof. 41.06. Tenant agrees to accept the Antenna Space in its “as is” condition and agrees that Landlord shall be under no obligation to perform any work or incur any expense in connection with the installation, operation or maintenance of the Antenna, including all support structures, Wiring, cabling and related electrical and other equipment, and/or in connection with Tenant’s use of the Antenna Space. Tenant agrees that Landlord shall not be required to provide any services whatsoever to the Antenna Space or to the rooftop of the Building. 41.07. Tenant covenants and agrees that all installations made by Tenant on the rooftop of the Building or in any other part of the Building pursuant to the provisions of this Article 41 shall be at the sole risk of Tenant, and neither Landlord nor Landlord’s agents or employees shall be liable for any damage or injury thereto caused in any manner, except to the extent caused by the gross negligence or willful misconduct of Landlord, its agents or employees. If the Antenna is installed, Tenant shall obtain and thereafter maintain during the term of this Lease liability insurance coverage for the benefit of Landlord and its managing agent, as designated by Landlord, in such amount and of such type as Landlord may require. If any installations referred to in this Article 41 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. 41.08. Tenant will, and does hereby, indemnify and save harmless Landlord and its managing agent (and Landlord’s mortgagee, if any) from and against: (i) any and all claims, reasonable counsel fees, demands, damages, expenses or losses by reason of any liens, orders, claims or charges resulting from any work done, or materials or supplies furnished, in connection with the fabrication, erection, installation, maintenance and operation of the Antenna, including any support structures, Wiring and any related equipment installed by Tenant pursuant to the provisions of this Article 41; and (ii) any and all claims, costs, demands, expenses, fees or suits arising out of 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 Antenna, including any support structures, wiring and related equipment installed by Tenant pursuant to the provisions of this Article 41, except to the extent caused by the negligence or willful misconduct of Landlord, its agents or employees (subject to the terms and conditions of Section 13.05 above). 41.09. Tenant covenants and agrees that the Antenna, including any support structures, Wiring and related electrical equipment to be installed by Tenant, shall not interfere with or adversely affect any of Landlord’s equipment, installations, lines or machinery, or the use, repair, maintenance or removal thereof that are then-existing on the roof of the Building. Tenant shall cooperate reasonably with any other then-existing tenant or person (herein called a “Roof User”) having equipment, installations, lines or machinery on the roof of the Building (herein called “Rooftop Installations”) so as not to cause (or to eliminate) any interference or adverse effect caused to such Rooftop Installations or the use, repair, maintenance or removal thereof by the Antenna. 41.10. Tenant acknowledges being advised by Landlord that Landlord has granted, and shall be granting, to third parties, various rights and licenses to utilize various portions of the Building and rooftop thereof for the installation of microwave dishes, satellite communications equipment, whip antennae and other communications equipment and related equipment (all of the foregoing are herein collectively referred to as “Other Communications Equipment”) and that, inasmuch as Landlord’s ability to facilitate the installation and operation of such Other Communications Equipment will be of paramount importance to Landlord, Landlord shall have the right (provided that the operation of Tenant’s Rooftop Installations shall not be adversely affected), at any time and from time to time during the term of this Lease, upon thirty (30) days’ prior written notice to Tenant, to relocate the Antenna to other areas of the Building and rooftop thereof as Landlord in its sole discretion may determine so as to accommodate such Other Communications Equipment on the roof of the Building and so as to eliminate, or not to create, problems of interference with respect to or between Other Communications Equipment now, or in the right to install such Antenna future, installed on the roof or other exterior surfaces areas of the Building Building. Such relocation shall, to the extent practicable, be performed during hours other than Tenant’s regular business hours so as to minimize any disruption of Tenant’s normal business activities and except for such downtime such relocation shall not prevent Tenant from using its Antenna for its original intended purpose, without any material decrease in locations reasonably acceptable to the quality of communications or material increase in the cost of operating, maintaining, repairing and removing the Antenna. Tenant shall cooperate with Landlord to provide wireless services to effectuate the Premisesrelocation of Tenant’s Antenna, including any support structures and to wire all related equipment as shall be required by Landlord. All costs involved in such Antenna to the Premises relocation shall be borne by Landlord and such relocation shall be performed by Landlord in compliance with all applicable local zoning ordinances and regulations and in accordance with plans and specifications approved by Landlord and in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant’s Antenna(s) with existing antenna and communication equipment on the roof of the Building. The cost of installation and maintenance thereof, and the cost of any repairs to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Lease, Tenant shall remove any Antenna(s) and repair any damage to the roof occasioned by such removalLegal Requirements. 41.11. Tenant shall also not be permitted to run cable, fiber optic networks, and assign or transfer all or any portion of the rights granted to Tenant pursuant to this Article 41 or to permit all or any portion of the Antenna Space to be used or occupied by any person or entity other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by than Tenant, and in order unless Tenant assigns this Lease to connect the party to whom such areas to outside telephone, cable, optical network and other providers in locations and rights are assigned or transferred pursuant to plans Article 7 hereof or unless Tenant subleases all or substantially all of the Premises pursuant to Article 7 hereof, in which case such subtenant shall have the rights of Tenant hereunder for so long as such sublease shall be in full force and specifications approved by Landlordeffect. 41.12. Further, If Tenant shall default in fulfilling any of its monetary covenants or obligations under this Article 41 and such default shall continue for ten (10) days after written notice thereof has been given to Tenant, or if Tenant shall default in fulfilling any of its non monetary covenants or obligations under this Article 41 and such default shall continue and not be permitted remedied within thirty (30) days after Landlord shall have given to install throughout Tenant a notice specifying the Premisessame, access then, in any of said cases Landlord, in addition to any other rights and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject remedies available to Landlord’s prior written approval thereof. In addition, Tenant agrees that if it has a security camera installed in during the Premises, and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape continuance of such incidentdefault, if Landlord requests may give to Tenant not less than ten (10) days’ prior notice of intention to terminate the permission granted by this Article 41, whereupon such tape Tenant permission shall promptly provide Landlord with a copy of such tape. (b) Tenant shall indemnify and hold Landlord harmless from and against all costs, loss, expense or liability of any kind whatsoever arising out of terminate on the installation, use and/or removal by Tenant of the Antenna. Tenant shall maintain a comprehensive general liability insurance policy, including contractual liability, as date set forth in Section 20(b) hereof, so long as the Antenna is under construction, in place and/or being removedsaid notice. (c) Tenant shall work exclusively with Landlord’s roofing contractor relating to the installation and/or removal of the Antenna and the roof penetration so as not to violate any requirements or invalidate Landlord’s roof guaranty. (d) Wherever Landlord’s approval is required pursuant to this Section 37, such approval shall not be unreasonably withheld.

Appears in 1 contract

Sources: Lease Agreement (Investment Technology Group Inc)

Antenna. (a) 47.01 Tenant has shall have the right to install a satellite dish(es)install, electronic transmitter(s) devices maintain and operate (for similar purposes the exclusive use of Tenant and the like (collectively, the “Antenna”any permitted subtenants) on the roof of the Building and the right to install such Antenna on the other exterior surfaces of the Building in locations reasonably acceptable to Landlord to provide wireless services to the Premises, and to wire all such Antenna to the Premises in compliance with all applicable local zoning ordinances and regulations and in accordance with plans and specifications approved by Landlord and in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant’s Antenna(s) with existing antenna and communication equipment available space on the roof of the Building. The , the location of which shall be mutually agreeable to Landlord and Tenant, at Tenant’s sole cost and expense, one antenna and support equipment not to exceed three feet in diameter in the aggregate (hereinafter collectively referred to as the “Installations”), subject to all of installation the terms, covenants and maintenance thereofconditions of this Lease (including Article 6), and the cost of any repairs to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Lease, Tenant shall remove any Antenna(s) and repair any damage to the roof occasioned by such removal. Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject to Landlord’s prior written approval as to weight and method of attachment. Landlord’s approval shall also be required for modifications to, and the removal of, the Installations. Landlord shall in its sole discretion, designate the location of all passageways required for access to the roof for personnel. In connection with Tenant’s installation, maintenance and operation of its Installations, Tenant shall comply with all Legal Requirements and shall procure, maintain and pay for all permits and licenses required therefor, including all renewals thereof. The parties agree that Tenant’s use of the roof of the Building is a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person, firm or corporation for any use, including the installation of other antennas, generators and/or communications systems. Tenant shall ensure that its use of the roof does not impair such other person’s, firm’s or corporation’s data transmission and reception via their respective antennas and support equipment, if any. Landlord shall not enforce the provisions of the preceding sentence against Tenant in a discriminatory manner. Landlord shall take commercially reasonable action to ensure that the Building’s other tenants use of the roof shall not impair Tenant’s data transmission and reception via their respective antennas and support equipment, if any, if Tenant notifies Landlord of such impairment. Tenant, at its sole cost and expense, shall install any screening device requested by Landlord at any time to ensure that the Installations cannot be viewed or seen by the public and, if such screening device is installed, it shall be deemed to be an Installation under this clause. 47.02 In additionno event shall the maximum level of emissions from the Installations exceed a proportionate portion of the total emissions allowable for the Building under applicable Legal Requirements, taking into account the number of rooftop installations at the Building. 47.03 Tenant agrees that if it has shall pay for all electrical service required for Tenant’s use of the Installations in accordance with Article 4 of this Lease. Tenant shall be responsible for connecting the Installations and the demised premises by core drilling and installing a security camera installed conduit in the PremisesBuilding risers referred to in Section 21.05. 47.04 Tenant, at Tenant’s sole cost and such camera captures a recording of an alleged criminal incidentexpense, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy repair any and all damage to the roof of such tape. (b) Tenant shall indemnify the Building and hold Landlord harmless to any part of the Building caused by or resulting from and against all costs, loss, expense or liability of any kind whatsoever arising out of the installation, use and/or removal by Tenant of the Antenna. Tenant shall maintain a comprehensive general liability insurance policymaintenance and repair, including contractual liability, as set forth in Section 20(b) hereof, so long as the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlord’s roofing contractor relating to the installation and/or operation or removal of the Antenna Installations erected or installed by Tenant pursuant to the provisions of this Article 47. Tenant further covenants and agrees that the Installations and any related equipment erected or installed by Tenant pursuant to the provisions of this Article 47 shall be erected, installed, repaired, maintained and operated by Tenant at the sole cost and expense of Tenant and without charge, cost or expense to Landlord. 47.05 The Installations and related equipment installed by Tenant pursuant to the provisions of this Article 47 shall be Tenant’s Property, and, upon the expiration or earlier termination of the Term of this Lease shall be removed by Tenant, at Tenant’s sole cost and expense and Tenant shall repair any damage to the roof penetration so as not to violate of the Building, or any requirements other portion or invalidate Landlord’s roof guarantyportions of the Building caused by or resulting from said removal. (d) Wherever 47.06 Landlord, at Tenant’s approval expense, may require Tenant to relocate the Installations and related equipment to another portion of the roof where reception is required pursuant to this Section 37, such approval shall not be unreasonably withheld.comparable upon thirty

Appears in 1 contract

Sources: Office Lease (Arch Capital Group Ltd.)

Antenna. (a) Tenant has shall have the right to install a satellite dish(es), electronic transmitter(s) devices for similar purposes and use up to Tenant's Proportionate Share of the like (collectively, the “Antenna”) space on the roof of either Building available to tenants in such Building to install, maintain and repair antenna and/or satellite dishes for the purpose of serving and providing Tenant's company communications (the "Antenna"), at Tenant's sole cost and expense. The Antenna may not be used for commercial purposes. The right granted herein is personal to Onyx Software Corporation and shall not be assignable to any other party in connection with any assignment of this Lease or any sublease of all or any part of the Premises except a Permitted Transferee and Tenant may not grant any other party any right to use the Antenna for any purpose whatsoever. The design, appearance, size, location and method of installation of the Antenna shall be subject to Landlord's reasonable approval and to all applicable laws and regulations. Landlord does not represent that the Antenna will be permitted under applicable laws or that the Antenna will function and Tenant shall be solely responsible for designing the Antenna to comply with laws and to be compatible with the design of the Building and the right to install such Antenna other equipment located on the other exterior surfaces roof. If at any time the Antenna ceases to be permitted under applicable laws, Tenant's rights under this Section shall terminate and be of no further force and effect. Upon termination of Tenant's rights under this Section or upon Lease termination, Tenant at its sole cost and expense shall promptly remove the Antenna and all related wiring and equipment from the Building and shall restore the Building to its condition prior to such installation. Tenant shall be solely responsible for installation and maintenance of the Building in locations reasonably acceptable to Antenna and shall ensure that installation and maintenance do not void or limit any warranty Landlord to may have on the roof or roof membrane. Tenant shall provide wireless services to the Premises, and to wire all such Antenna to the Premises in compliance Landlord with all applicable local zoning ordinances and regulations and in accordance with full plans and specifications approved by Landlord for the Antenna prior to installation thereof and in a location approved by Landlordsuch plans shall include details regarding ▇▇▇▇▇▇'s proposed method of installation. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference Subject to availability of Tenant’s Antenna(s) with existing antenna and communication equipment on the roof of the Building. The cost of installation and maintenance thereof, and the cost of any repairs to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Lease, Tenant shall remove any Antenna(s) and repair any damage to the roof occasioned by such removal. Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Furtherspace, Tenant shall be permitted to install throughout install, maintain, remove and replace cables or lines within the Premises, access and security systems for Building outside the Premises (at locations designated by Landlord) to connect the Antenna to the Premises at no charge to Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject . Prior to Landlord’s prior written approval thereof. In additioncommencement of any work hereunder, Tenant agrees that if it has a security camera installed in shall obtain and deliver to Landlord all necessary governmental permits for the Premises, Antenna and such camera captures a recording of an alleged criminal incident, provided that Tenant has a tape of such incident, if Landlord requests such tape Tenant shall promptly provide Landlord with a copy of such tape. (b) related equipment. Tenant shall indemnify and hold harmless Landlord harmless from and against all costs, loss, expense or liability of any kind whatsoever Claims arising out or in connection with the Antenna or the related equipment in the Building. Tenant acknowledges and agrees that Landlord has not represented or warranted that Tenant will have unlimited access to riser space or other space outside the Premises for the purpose of connecting the Antenna to the Premises and Landlord shall have no obligation to construct or designate additional riser space or equipment space to accommodate the Antenna or related equipment. Tenant acknowledges that riser space is a finite commodity and that Landlord may in its discretion limit Tenant's total use of such space to accommodate and take into account use of the installation, use and/or removal by Tenant of the Antenna. Tenant shall maintain a comprehensive general liability insurance policy, including contractual liability, as set forth in Section 20(b) hereof, so long as the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlord’s roofing contractor relating to the installation and/or removal of the Antenna Building systems and the roof penetration so as not to violate any requirements or invalidate Landlord’s roof guarantyneeds of other Building tenants. (d) Wherever Landlord’s approval is required pursuant to this Section 37, such approval shall not be unreasonably withheld.

Appears in 1 contract

Sources: Office Building Lease (Onyx Software Corp/Wa)

Antenna. (a) From the Term Commencement Date until the expiration or earlier termination of this Lease, Tenant has shall have an irrevocable license to use any portion of the right roof not used in connection with the operation of the Building and enjoy 24-hour access thereto (the “Rooftop License”) at a technologically sufficient location to install be proposed by Tenant and approved by Landlord (the “Rooftop Installation Area”). The Rooftop Installation Area is to be used by Tenant solely for the installation, operation, maintenance, repair and replacement during the Term of this Lease of an antenna and related equipment, to be located in a satellite dish(es), electronic transmitter(s) devices for similar purposes and the like vertical chase reasonably designated by Landlord (collectively, the “Antenna”) on ). Without limiting the roof generality of the Building and the right to install such Antenna on the other exterior surfaces of the Building in locations reasonably acceptable to Landlord to provide wireless services to the Premises, and to wire all such Antenna to the Premises in compliance with all applicable local zoning ordinances and regulations and in accordance with plans and specifications approved by Landlord and in a location approved by Landlord. In reviewing Tenant’s Antenna plans Landlord may reasonably consider, among other things, material interference of Tenant’s Antenna(s) with existing antenna and communication equipment on the roof of the Building. The cost of installation and maintenance thereof, and the cost of any repairs to the roof which are necessitated by the installation, repair and/or removal of the Antenna(s) shall be borne solely by Tenant. Upon the termination of this Leaseforegoing, Tenant shall remove any Antenna(s) and repair any damage to not install the roof occasioned by such removal. Tenant shall also be permitted to run cable, fiber optic networks, and other systems and equipment throughout the Building in order to connect the various areas within the Building occupied from time to time by Tenant, and in order to connect such areas to outside telephone, cable, optical network and other providers in locations and pursuant to plans and specifications approved by Landlord. Further, Tenant shall be permitted to install throughout the Premises, access and security systems for Tenant’s exclusive use (e.g., swipe card, combination lock, security cameras or otherwise), subject to Antenna without Landlord’s prior written approval thereofconsent thereto, which consent shall not be unreasonably withheld, conditioned or delayed. In additionTenant’s installation and operation of the Antenna and its obligations with respect thereto shall be all in accordance with the terms, Tenant agrees that if it has a security camera installed provisions, conditions and agreements contained in this Lease. Any equipment currently located on the Premisesrooftop of the Building (other than any functional Building systems) shall be removed prior to the Term Commencement Date, and such camera captures a recording so long as Tenant leases one hundred percent (100%) of an alleged criminal incident, provided that Tenant has a tape the Rentable Floor Area of such incident, if Building Landlord requests such tape Tenant shall promptly provide not permit another party to use the rooftop for communications purposes nor shall Landlord with a copy of such tapeuse the rooftop for communications purposes. (b) Tenant shall indemnify install the Antenna in the Rooftop Installation Area at its sole cost and hold expense, at such times and in such manner as Landlord harmless from may reasonably designate and against in accordance with all costs, loss, expense or liability of any kind whatsoever arising out of the installationapplicable provisions of this Lease. Landlord shall not be obligated to perform any work or incur any expense to prepare the Rooftop Installation Area for Tenant’s use thereof. (c) Prior to commencing installation of the Antenna, use and/or removal Tenant shall provide Landlord with (i) copies of all required permits, licenses and authorizations which Tenant will obtain at its own expense and which Tenant will maintain at all times during the operation of the Antenna (and Landlord shall reasonably cooperate with Tenant in Tenant’s efforts to procure the same, at no cost or expense to Landlord); and (ii) a certificate of insurance evidencing insurance coverage as required by Tenant this Lease and any other insurance reasonably required by Landlord for the installation and operation of the Antenna. Tenant shall maintain a comprehensive general liability insurance policy, including contractual liability, as set forth agrees to reimburse Landlord for reasonable third-party expenses incurred in Section 20(b) hereof, so long as connection with the Antenna is under construction, in place and/or being removed. (c) Tenant shall work exclusively with Landlordreview and approval of Tenant’s roofing contractor relating to plans showing the proposed installation and/or removal of the Antenna and the roof penetration so as not to violate any requirements or invalidate Landlord’s roof guarantyAntenna. (d) Wherever Tenant shall pay to Landlord as Additional Rent (the “Antenna Rent”), all applicable taxes or governmental charges, fees, or impositions imposed upon Landlord and arising out of Tenant’s use of the Rooftop Installation Area, and the amount, if any, by which Landlord’s approval is required pursuant insurance premiums increase as a result of the installation of the Antenna. (e) Within fifteen (15) days following the expiration or earlier termination of the Lease or the permanent termination of the operation of the Antenna by Tenant, Tenant shall, at its sole cost and expense, (i) remove the Antenna from the Rooftop Installation Area and the Building in accordance with the terms hereof, (ii) leave the Rooftop Installation Area in good order and repair, reasonable wear and tear and damage by casualty excepted and (iii) pay all amounts due and owing with respect to the Rooftop License up to the date of the termination thereof. If Tenant does not remove the Antenna when so required, the Antenna shall become Landlord’s property and, at Landlord’s election, Landlord may remove and dispose of the Antenna and charge Tenant for all costs and expenses incurred as Additional Rent. Notwithstanding that Tenant’s use of the Rooftop Installation Area shall be subject at all times to and shall be in accordance with the terms, covenants, conditions and agreements contained in this Section 37Lease, such approval the Rooftop Installation Area shall not be unreasonably withhelddeemed part of the Premises. All Tenant obligations under this Section 11.1(e) shall survive the Term of this Lease. (f) A consent required from Landlord under this Section 11.1 with respect to a particular Rooftop License matter may be deemed given in accordance with the following procedure. Tenant shall provide an initial written notice to Landlord (which shall include all materials required under this Section 11.1) with the following written on the outside of the delivery envelope: “FAILURE TO RESPOND TO THIS NOTICE WITHIN TWENTY DAYS SHALL RESULT IN THE DEEMED APPROVAL OF ROOFTOP LICENSE MATTER AFFECTING ALTUS PHARMACEUTICALS INC.’S TENANCY AT 610 LINCOLN STREET IN WALTHAM, MASSACHUSETTS.” If Landlord does not respond to such request within twenty (20) days after delivery to Landlord, Tenant shall provide another written notice to Landlord (which shall also include all materials required under this Section 11.1) with the following written on the outside of the delivery envelope: “FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE BUSINESS DAYS SHALL RESULT IN THE DEEMED APPROVAL OF A ROOFTOP LICENSE MATTER AFFECTING ALTUS PHARMACEUTICALS INC.’S TENANCY AT 610 LINCOLN STREET IN WALTHAM, MASSACHUSETTS.” If Landlord does not respond to such second notice within five (5) Business Days after delivery to Landlord, then the consent required from Landlord with respect to such Rooftop License matter (but no other matter) shall be deemed given. (g) Subject to the terms and conditions of this Section 11.1, Tenant shall have the right to place and install any equipment on the roof of the Building to support their lab operations.

Appears in 1 contract

Sources: Lease Agreement (Altus Pharmaceuticals Inc.)