Common use of Antenna Clause in Contracts

Antenna. 19.01. Tenant shall have the right to (a) install, maintain and operate up to two (2) microwave antennas or communications dishes, or one such antenna and one such communications dish, each with a maximum width of 1.2 meters (each being herein called a "Microwave Antenna" and, collectively, the "Microwave Antennas") on the roof of the Building in an area reasonably acceptable to both Landlord and Tenant (such portion of the roof being sometimes herein referred to as the "Antenna Space"), (b) run lines and conduits and cables necessary for the operation of the Microwave Antennas from the roof of the Building into the Premises and (c) install, maintain and operate related equipment in 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 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 installation of 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 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 relocation of the Antenna, support structures and related equipment, as shall be reasonably required by Landlord. 19.06. Tenant shall not be permitted to assign 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, except 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 from and 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 the Antenna Space. 19.08. Tenant shall be permitted to install up to two (2) additional Microwave Antennas on the roof of the Building in accordance with all of the terms and conditions of this Article 19, provided and on the condition that: (i) space on the roof of the Building would be available for such additional Microwave Antennas without allocating to Tenant a disproportionate amount of the space available on the roof of the Building for such purpose, and (ii) the Additional Charges payable with respect to such additional Microwave Antennas would be the fair market value of the allocated roof space at the time of installation.

Antenna. 19.01. Tenant shall have the right to (a) installLandlord agrees that Tenant may, maintain without additional charge or cost to Tenant, utilize sufficient and operate up to two (2) microwave antennas or communications dishes, or one such antenna and one such communications dish, each with a maximum width of 1.2 meters (each being herein called a "Microwave Antenna" and, collectively, the "Microwave Antennas") on the roof of the Building in an area reasonably acceptable to both Landlord and Tenant (such portion of the roof being sometimes herein referred to as the "Antenna Space"), (b) run lines and conduits and cables necessary for the operation of the Microwave Antennas from the roof of the Building into the Premises and (c) install, maintain and operate related equipment in two 2' x 2' LGX cabinets suitable space on the roof of the Building (herein referred “Antenna Site”) throughout the Term for the purpose of installing, using and maintaining on the Antenna Site at Tenant’s sole cost and expense, the satellite dish and related equipment (collectively, “Equipment”) more particularly described in Schedule 4 attached hereto. The rights granted by this Lease are limited to as allowing Tenant to install, maintain, repair and operate on the "Antenna Equipment"), provided that (and in Site only the event Equipment which Tenant makes such installations Tenant hereby covenants and agrees that): owns for purposes of providing (i) such installations are performed communication services used in accordance with all laws and requirements the operation of public authorities and do not cause structural damage to the BuildingTenant’s internal business activities where Tenant holds a Federal Communications Commission (“FCC”) license for said use, (ii) common carriage where Tenant indemnifies and holds Landlord harmless from any liability, cost or expense connected therewith or arising therefrom of any nature whatsoevera FCC license as a Radio Common Carrier, (iii) communication services for others where Tenant promptly repairs any damage caused to holds a FCC license as the roof by reason of such installationssystem operator, 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 transceivers for use by others where others hold a FCC license for 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 operation of the term of this lease, said transceivers. (vb) Tenant shall not install the Microwave Antennas without Landlord's prior approval of the manner of such installationuse, 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 permit the Antenna Equipment as Landlord may require from time Site to time. The foregoing notwithstandingbe used, it is expressly understood and agreed for any purpose other than that Tenant may substitute stated in Section 8.12 (a) above, or for 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: purpose (i) $18,000 per annum commencing which is unlawful, disreputable or deemed to be extra–hazardous on the later account of the Commencement Date or the date the Microwave Antenna is installed and ending on December 31, 2012. fire; (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 generates chemicals or Hazardous Substances; (iii) which would cause structural loads to be installed therein, during such Extended Term exceeded; or (which may iv) will cause any of the rates for any insurance carried by Landlord or any other occupant of the Building to be subject to periodic increases) determined at such time and increased or in such manner a manager as the Fixed Rent for the Premises is determined will affect or cause a cancellation of any such insurance policy; provided, however, that if Tenant pays the Additional Charges payable during increased cost of any insurance, Tenant shall not be in default hereunder. In all events, Tenant shall not engage in any activity which is not in keeping with the Extended Term for each Microwave Antenna shall never be less than the Additional Charges payable therefor immediately prior to the commencement first–class standards of the Extended Term in questionBuilding. Additionally, Tenant shall comply with, and shall cause its employees, agents and contractors to comply with, all applicable Laws. 19.03. Tenant covenants and agrees that all installations made by Tenant on (c) If, in the rooftop reasonable judgment of the Building Landlord, any electrical, electromagnetic, radio frequency or in any other part of the Building pursuant to the provisions of this Article 19 interference 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 operation of Landlord, its agents, employees and contractors. If any of the Antenna is installedEquipment, 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 agrees 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 shut down Tenant’s 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 however if an emergency situation exists, as determined by Landlord in its sole discretion reasonable discretion, Landlord may determine (provided that any such area to which shut down Tenant’s equipment immediately and shall give Tenant notice thereof as soon as possible thereafter. Tenant shall be required indemnify, defend, protect and hold harmless Landlord from all expenses, costs, damages, loss, claims or other liabilities arising out of said shutdown, unless the necessity for such shutdown is caused by the negligence or willful misconduct of Landlord. Tenant agrees to relocate cease operations (except for intermittent testing on a schedule reasonably approved by Landlord) until the interference has been corrected to the reasonable satisfaction of Landlord. If such interference has not been corrected within sixty (60) days, Landlord, at its sole option, may require that Tenant promptly remove from the Antenna Site the specific item of the Equipment causing such interference. (d) At Tenant’s own cost and expense, and by use of a contractor or contractors reasonably approved in writing by Landlord, Tenant shall be no less suitable for Tenant's use (including line of sight) than repair or replace in accordance with legal requirements any damage or injury done to the Antenna Space being used Building, or any portion thereof, caused by Tenant or Tenant’s agents, employees or contractors, which repairs or replacements must be made to the same or as good a condition as existed prior to such relocation) so as to accommodate injury or damage (reasonable wear and tear excepted); provided, however, Landlord, at its option, may make such Other Communications Equipment on repairs or replacements, and Tenant shall repay Landlord 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 cost thereof, and the installation of 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 receipt of an invoice for such expenses, together with documentation reasonably satisfactory to Landlord therefor. (e) Not later than the expiration or earlier termination of the amount thereof. Such relocation shallLease, 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. Tenant and Landlord shall cooperate with each other to effectuate the relocation of the Antenna, support structures and related equipment, as shall be reasonably required obligated to remove the Equipment (except any transmission lines installed by Landlord. 19.06. or on behalf of Tenant shall not be permitted to assign which becomes the property of Landlord automatically upon the expiration or transfer all or any portion termination of the rights granted to Tenant pursuant to this Article 19 or to permit all or any portion of Lease) from the Antenna Space Site and to be used or occupied by any person or entity other than Tenant, except for an assignee of this Lease or a subtenant of all or a portion of restore 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 Antenna Site to the condition that Landlord shall have available, at existed immediately prior to the time Tenant desires to install such Microwave Antenna(s), sufficient space on the rooftop installation of the Building to accommodate Tenant's proposed installationEquipment, it being understood that Landlord shall not be under any obligation from normal wear and after tear excepted. Upon the second (2nd) anniversary expiration or earlier termination of the Commencement Date to reserve space for Tenant's Microwave Antenna(s), and from and after such second (2nd) anniversary of the Commencement Datethis Lease, Landlord shall have the right to use re–enter and resume possession of the Antenna Space for any purpose as Site and the remaining Equipment. If Tenant fails to so remove the Equipment upon the expiration or earlier termination of the Lease, Landlord may wish, includinghave the same removed and any resulting damage repaired at Tenant’s cost and expense and in such event the Equipment will become the property of Landlord automatically and may be disposed of by Landlord in its sole discretion, without limitation, permitting another tenant any right of the Building or another third party reimbursement therefor to install an antenna in the Antenna SpaceTenant. 19.08. Tenant shall be permitted to install up to two (2) additional Microwave Antennas on the roof of the Building in accordance with all of the terms and conditions of this Article 19, provided and on the condition that: (i) space on the roof of the Building would be available for such additional Microwave Antennas without allocating to Tenant a disproportionate amount of the space available on the roof of the Building for such purpose, and (ii) the Additional Charges payable with respect to such additional Microwave Antennas would be the fair market value of the allocated roof space at the time of installation.

Antenna. 19.01. Tenant shall have the right right, at Tenant's sole cost, to (a) install, install and maintain and operate up to two (2) microwave antennas or communications dishes, or one such antenna and one such communications dish, each with a maximum width of 1.2 meters (each being herein called a "Microwave Antenna" and, collectively, the "Microwave Antennas") on the roof of the Building in an area reasonably acceptable to both Landlord and Tenant one or more (such portion of the roof being sometimes herein referred to as 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 SpaceC&W"), (b) run lines through horizontal and conduits and cables necessary for the operation of the Microwave Antennas from the roof of vertical pathways located within the Building into as approved by Landlord, under and subject to the Premises and (c) install, maintain and operate related equipment in 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 conditions that): : (i) such installations are performed in accordance Tenant shall comply with all laws laws, codes and requirements of public authorities and do not cause structural damage to the Buildingapplicable thereto, (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 obtain Landlord's prior approval of the manner 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 approval Landlord agrees 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 and use the Antennas and the Antenna C&W shall not be unreasonably withheldlimited to Tenant's (and Tenant's affiliates, conditioned or delayed 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 Building systems in use on the Property. Tenant complies with 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 reasonable regulations and guidelines for antenna and dish installations and a manner as to penetrate the Building roof unless such work is performed by Landlord's designated roofing contractor. If Landlord approves installation of the Antenna Equipment as Landlord may require from time on the roof of the Building, Tenant agrees to time. The foregoing notwithstandingconsult with Landlord's roofing contractor prior to installation and strictly to comply with the roofing contractor's recommendations and requirements, it is expressly understood and agreed that Tenant may substitute in order to maintain any antenna or communication dish for such Microwave Antennas provided that such substituted antenna and communications dish are substantially equivalent to or less than existing warranties on 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 timeroof. Tenant shall have access to the roof as reasonably required pay all costs incurred by Landlord in connection with the operationAntenna and the Antenna C&W including without limitation all architectural, installation engineering, contractors' and legal fees. Tenant shall indemnify and hold Landlord and its managing agent harmless from and against all loss, liability and damage suffered or incurred in connection with Tenant's construction, use, repair or maintenance of the Microwave any Antennas and the Antenna Equipment; provided howeverC&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 always be accompanied on the roof at Tenant's expense by a representative of Landlord. Landlord agrees that such a representative shall be available shall, upon one Business Day's request by Tenant five (which need not be in writing5) days written notice (or upon such lesser notice as may be appropriate immediately in case of an emergency. The Microwave Antennas and ), correct to Landlord's reasonable satisfaction such interference or remove the Antenna Equipment are sometimes herein referred to collectively or the Antenna C&W as the "Antenna." 19.02required by Landlord. 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 With respect to each Microwave Antenna: (i) $18,000 per annum commencing on future changes to the later Antenna and Antenna C&W Tenant installs in connection with its initial occupancy of the Commencement Date or the date the Microwave Antenna is installed Premises and ending on December 31, 2012. (ii) $22,350 per annum during the period commencing on January 1, 2013 Antenna 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 C&W Tenant installs following its initial occupancy of the Extended Term in question. 19.03. Tenant covenants Premises, such future changes and agrees that all installations made by Tenant on shall not interfere with the rooftop systems of the Building or in any other part its tenants which exist as of the Building pursuant 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 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 reasonable satisfaction 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 installation of 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 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 relocation of the Antenna, support structures and related equipment, as shall be reasonably required by Landlord. 19.06interference. Tenant shall not be permitted to assign 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, except for install 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 Antennae on the second (2nd) anniversary of Property that emits EMF radiation at levels which, based upon well established or widely accepted studies or other evidence, threatens 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 health of the Building to accommodate Tenant's proposed installationtenants, 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 Antennae so that the EMF radiation 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 from and 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 the Antenna Spaceemits is below said threshold. 19.08. Tenant shall be permitted to install up to two (2) additional Microwave Antennas on the roof of the Building in accordance with all of the terms and conditions of this Article 19, provided and on the condition that: (i) space on the roof of the Building would be available for such additional Microwave Antennas without allocating to Tenant a disproportionate amount of the space available on the roof of the Building for such purpose, and (ii) the Additional Charges payable with respect to such additional Microwave Antennas would be the fair market value of the allocated roof space at the time of installation.