Antennas. 15.01 The Board hereby grants to NBC permission, subject to all the terms, provisions and conditions of this Agreement, to continue to maintain the NBC Masts System. NBC shall keep and maintain the NBC Masts System, at NBC’s own cost and expense, in a safe condition and proper state of repair and shall comply with all laws and ordinances and governmental and insurance regulations and orders affecting it and its use. 15.02 At all times NBC shall take reasonable precautions so that the NBC Masts System or any device or equipment used in connection therewith shall be operated or used only in a manner causing no interference with any radio, television or other electrical system or installations of the Board or any Occupants; it being understood that NBC will consult with the Board prior to any future installation by NBC of any such antenna or any device or equipment used in connection therewith, in order to determine in a timely manner whether antenna locations and characteristics, operating parameters, and frequencies may present a risk of potential interference. 15.03 If at any time hereafter the Board shall grant any other person, firm, corporation or other entity (a “Third Party”) permission to install and maintain on the roof over the 65th Floor or over any Floor above the 65th Floor of the Tower Building (a “Restricted Roof”) permission to install and maintain any radio or television antenna, the permission will contain the requirement that such Third Party shall (1) consult with NBC prior to its installation of any such antenna or any device or equipment used in connection therewith, in order to determine in a timely manner whether antenna locations and characteristics, operating parameters, and frequencies may present a risk of potential interference, and (2) at all times take reasonable precautions so that such antenna or any device or equipment used in connection therewith shall be operated or used only in a manner causing no interference with the NBC Masts System; it being understood that the Board shall have no obligation with respect to any failure of any such Third Party to so consult with NBC and that the Board’s sole obligation with respect to any such interference caused by any Third Party shall be to notify such Third Party of such interference within a reasonable time after NBC has notified the Board thereof and, if such interference is not eliminated as soon as possible by such Third Party, the Board will revoke the permission and the Board shall not be liable for any damages or costs of any nature whatsoever which may be incurred by NBC as a result of such interference. 15.04 If the Board shall install any radio or television antenna on any Restricted Roof for its own use, the Board shall (a) consult with NBC prior to its installation of any such antenna or any device or equipment used in connection therewith, in order to determine in a timely manner whether antenna locations and characteristics, operating parameters, and frequencies may present a risk of potential interference, and (b) take reasonable precautions so that such antenna or any device or equipment used in connection therewith shall be operated or used only in a manner causing no interference with the NBC Masts System; it being understood that the Board’s sole obligation with respect to any such interference shall be to eliminate such interference as soon as possible after NBC has notified the Board thereof and, provided that the Board acts as soon as possible to eliminate such interference, the Board shall not be liable for any damages or costs of any nature whatsoever which may be incurred by NBC as a result of such interference. 15.05 If at any time NBC shall remove the NBC Masts System, NBC shall repair any damage to the Condominium Buildings or its appurtenances which may have been occasioned by reason of or in connection with the installation, maintenance, use or removal of the NBC Masts System and shall cause all affected areas of the Condominium Buildings to be restored to a good state of repair and condition, all at NBC’s own cost and expense. 15.06 Any and all work which may or shall be required to be done by NBC hereunder, whether in connection with the installation, maintenance, repair and/or removal of the NBC Masts System, or in repairing any damage to the Condominium Buildings, or its appurtenances, shall be deemed Changes subject to the applicable provisions of Article 6. 15.07 The Board assumes no responsibility either for or in connection with the installation, maintenance, repair, operation or removal of the NBC Masts System or for the safeguarding thereof. 15.08 For the purpose of the repair, maintenance, operation and/or removal of the NBC Masts System as herein provided, NBC’s properly identified contractors, agents and representatives shall be permitted access to affected areas of the Condominium Buildings in accordance with Section 11.01. It is expressly understood that the permission herein granted shall not vest in NBC any rights to occupy any areas of the Condominium Buildings or to use the same for any purposes or in any manner except as herein expressly provided, nor shall NBC make or permit to be made any changes or additions in or to the NBC Masts System (except minor changes or additions in or to the NBC Masts System which are incident to the normal operation thereof) without the Board’s prior consent thereto; provided, however, that such consent will not be unreasonably withheld if (a) the proposed location of such change or addition is at an unoccupied location in the area shown cross-hatched on the diagram attached hereto as Exhibit N on the roof over the 69th Floor of the Tower Building and the platform thereon or on the diagrams attached hereto as Exhibit N on the roof over the 65th Floor of the Tower Building, and (b) upon completion of such change or addition the same will not adversely affect the scale, mass or silhouette of the Condominium Buildings. 15.09 The Board reserves the right to charge NBC for any and all electric current furnished by the Board for the NBC Masts System and/or otherwise for use in relation thereto during the term and the same shall be paid for by NBC pursuant to Section 4.01 as part of Reimbursable Costs and as shown by a meter to be installed for the purpose, unless otherwise agreed to between NBC and the Board. 15.10 The Board shall consult with NBC prior to performing or consenting to any work or action by the Board or any Occupant that may, in the Board’s reasonable judgment, have a material adverse impact on the NBC Masts System.
Appears in 1 contract
Antennas. 15.01 The Board hereby grants Tenant will have the right to NBC permissionuse the roof of the Building for the installation and operation of antennas and related facilities ("Antennas"), subject to all the termsprior written approval of Lessor as to the location, provisions nature, design, appearance and conditions size of this Agreementthe Antennas. If Antennas are installed by Tenan t, Tenant will not commit or permit any act or omission which results in the violation of any law, governmental regulation, or insurance policy of Lessor, relating to continue to maintain the NBC Masts SystemBuilding. NBC shall keep and maintain the NBC Masts SystemTenant will not permit any conduct or condition which may unduly disturb or endanger occupants of any other building. Any installation of Tenant's Antennas ("Antenna Work") will be completed by Tenant, at NBC’s own cost and Tenant's expense, in a safe condition strict accordance with plans approved in writing by Lessor, and proper state of repair no modifications, additions or alterations will be made without Lessor's prior written consent, which consent will not be unre asonably withheld. Aesthetic concerns will be deemed valid reasons for withholding consent. All working drawings for Antenna Work will be prepared by Tenant at Tenant's expense and shall comply with all laws and ordinances and governmental and insurance regulations and orders affecting it and its use.
15.02 At all times NBC shall take reasonable precautions so that the NBC Masts System or any device or equipment used in connection therewith shall will be operated or used only submitted to Lessor for approval. All Antenna Work will be done in a good and workmanlike manner causing no interference with any radio, television or other electrical system or installations and as exp editiously as possible. Tenant's installation and use of the Board or any Occupants; it being understood that NBC Antennas will consult with be subject to the Board prior to any future installation by NBC of any such antenna or any device or equipment used in connection therewith, in order to determine in a timely manner whether antenna locations and characteristics, operating parameters, and frequencies may present a risk of potential interference.following (the "Conditions"):
15.03 If at any time hereafter the Board shall grant any other person, firm, corporation or other entity (a “Third Party”) permission to install and maintain on the roof over the 65th Floor or over any Floor above the 65th Floor of the Tower Building (a “Restricted Roof”) permission to install and maintain any radio or television antenna, the permission will contain the requirement that such Third Party shall (1) consult with NBC prior to its installation of any such antenna or any device or equipment used in connection therewith, in order to determine in a timely manner whether antenna locations and characteristics, operating parameters, and frequencies may present a risk of potential interference, and (2) at all times take reasonable precautions so that such antenna or any device or equipment used in connection therewith shall be operated or used only in a manner causing no interference with the NBC Masts System; it being understood that the Board shall have no obligation with respect to any failure of any such Third Party to so consult with NBC and that the Board’s sole obligation with respect to any such interference caused by any Third Party shall be to notify such Third Party of such interference within a reasonable time after NBC has notified the Board thereof and, if such interference is not eliminated as soon as possible by such Third Party, the Board will revoke the permission and the Board shall not be liable for any damages or costs of any nature whatsoever which may be incurred by NBC as a result of such interference.
15.04 If the Board shall install any radio or television antenna on any Restricted Roof for its own use, the Board shall (a) consult with NBC prior to its installation of any such antenna or any device or equipment used in connection therewith, in order to determine in a timely manner whether antenna locations and characteristics, operating parameters, and frequencies may present a risk of potential interference, and (b) take reasonable precautions so that such antenna or any device or equipment used in connection therewith shall be operated or used only in a manner causing no interference with the NBC Masts System; it being understood that the Board’s sole obligation with respect to any such interference shall be to eliminate such interference as soon as possible after NBC has notified the Board thereof and, provided that the Board acts as soon as possible to eliminate such interference, the Board shall not be liable for any damages or costs of any nature whatsoever which No Antennas may be incurred by NBC as a result of such interference.
15.05 If at any time NBC shall remove the NBC Masts System, NBC shall repair any damage to the Condominium Buildings or its appurtenances which may have been occasioned by reason of or in connection with the installation, maintenance, use or removal of the NBC Masts System and shall cause all affected areas of the Condominium Buildings to be restored to a good state of repair and condition, all at NBC’s own cost and expense.
15.06 Any and all work which may or shall be required to be done by NBC hereunder, whether in connection with the installation, maintenance, repair and/or removal of the NBC Masts System, or in repairing any damage to the Condominium Buildings, or its appurtenances, shall be deemed Changes subject to the applicable provisions of Article 6.
15.07 The Board assumes no responsibility either for or in connection with the installation, maintenance, repair, operation or removal of the NBC Masts System or for the safeguarding thereof.
15.08 For the purpose of the repair, maintenance, operation and/or removal of the NBC Masts System as herein provided, NBC’s properly identified contractors, agents and representatives shall be permitted access to affected areas of the Condominium Buildings in accordance with Section 11.01installed without Lessor's prior written approval. It is expressly understood that the permission herein granted shall not vest in NBC any rights to occupy any areas of the Condominium Buildings or to use the same for any purposes or in any manner except as herein expressly provided, nor shall NBC make or permit to be made any changes or additions in or to the NBC Masts System (except minor changes or additions in or to the NBC Masts System which are incident to the normal operation thereof) without the Board’s prior consent thereto; provided, however, that such consent Lessor's approval will not be unreasonably withheld or delayed so long as the work complies with the plans approved by Lessor and Tenant is not in default under this Lease and so long as all other conditions set forth in thi s Section are met.
(b) Tenant will submit the working drawings for the Antenna Work and the Antennas to Lessor at least 20 days before the date the Antenna Work is to commence.
(c) Tenant will provide Lessor with evidence acceptable to Lessor that the Antennas and their proposed installation comply with all applicable laws, ordinances, rules and regulations, and that Tenant has obtained any licenses, permits or other governmental consents or approvals required for the ins tallation or use of the Antennas and the other Antenna Work.
(d) Upon request, Tenant will provide Lessor with evidence acceptable to Lessor that the Antennas are owned or leased by Tenant and that the installation of the Antennas will comply with all provisions of this Lease relating to alterations.
(e) Tenant will promptly pay all costs of the Antenna Work and the Antennas and any construction, installation, repair, maintenance, or governmental approval or licensing costs associated with the Antenna Work and the Antennas.
(f) Tenant will provide Lessor with evidence that the Antennas if owned by Tenant are insured against fire, theft and other risks normally covered by an "all risk" policy of casualty insurance, and evidence that the Tenant's liability insurance required under this Lease applies to all of the Antenn as and their installation, use, maintenance and repair.
(g) Neither the Antennas nor their installation, use, maintenance or repair shall:
(1) be disruptive or disturbing to tenants of any other building by reason of noise, vibration, radio or electromagnetic interference, or similar cause, or to Lessor's operation or maintenance of the Land or Building or other buildings,
(2) be architecturally or aesthetically inharmonious with the Land or Building,
(3) affect the structural or mechanical integrity of the Building or the operation or maintenance of the systems serving the Building or serving other buildings,
(4) increase the insurance costs for the Building (except for costs to be paid solely by Tenant),
(5) endanger the safety or well-being of Lessor, any tenant of any other building, or any employees or invitees of Lessor or any other tenant.
(h) Tenant agrees to comply with and obtain all necessary approvals, permits, licenses, etc., required by the Federal Communications Commission (the "FCC") and any other governmental authorities asserting jurisdiction over the installation or operation of any of Tenant's Antennas. Tenant warrants, represents and agrees that the installation and operation of the roof installations shall in no way materially interfere with the operation of any other Building system or antenna system(s) presently in operation in or on the Building and that in the event such interference should occur, Tenant, a fter having received notice of such interference, will take immediate action to eliminate said interference and restore the proper operation of such system(s) as required by law or directive of the FCC. In the event that Tenant fails to eliminate the interference as required by law or directive of the FCC within a reasonable time, Lessor may, at its discretion, (a) cure such interference and thereafter add the proposed location of such change cost and expense incurred by Lessor therefor to the next Monthly Rent to become due and Tenant shall pay said amount as additional Monthly Rent, or addition is at an unoccupied location in the area shown cross-hatched on the diagram attached hereto as Exhibit N on the roof over the 69th Floor of the Tower Building and the platform thereon or on the diagrams attached hereto as Exhibit N on the roof over the 65th Floor of the Tower Building, and (b) upon completion treat such failure on the part of such change Tenant to eliminate said interference, as required by the FCC within the time allotted by the FCC, as a default under this Lease. Tenant agrees to indemnify and hold Lessor harmless from and against any claims and expenses Lessor may incur arising from Tenant's failure to comply with the Conditions or addition the same will not adversely affect the scale, mass or silhouette rules and orders of the Condominium BuildingsFCC with respect to the installation and operation of any of Tenant's antennae or antenna system( s).
15.09 The Board reserves the right to charge NBC for any and all electric current furnished by the Board for the NBC Masts System and/or otherwise for use in relation thereto during the term and the same shall be paid for by NBC pursuant to Section 4.01 as part of Reimbursable Costs and as shown by a meter to be installed for the purpose, unless otherwise agreed to between NBC and the Board.
15.10 The Board shall consult with NBC prior to performing or consenting to any work or action by the Board or any Occupant that may, in the Board’s reasonable judgment, have a material adverse impact on the NBC Masts System.
Appears in 1 contract
Sources: Lease (Cyberoptics Corp)
Antennas. 15.01 The Board hereby grants Tenant will have the right to NBC permissionuse the roof of the Building for the installation and operation of antennas and related facilities ("Antennas"), subject to all the termsprior written approval of Lessor as to the location, provisions nature, design, appearance and conditions size of this Agreementthe Antennas. If Antennas are installed by Tenant, Tenant will not commit or permit any act or omission which results in the violation of any law, governmental regulation, or insurance policy of Lessor, relating to continue to maintain the NBC Masts SystemBuilding. NBC shall keep and maintain the NBC Masts SystemTenant will not permit any conduct or condition which may unduly disturb or endanger occupants of any other building. Any installation of Tenant's Antennas ("Tenant's Work") will be completed by Tenant, at NBC’s own cost and Tenant's expense, in a safe condition and proper state of repair and shall comply strict accordance with all laws and ordinances and governmental and insurance regulations and orders affecting it and its use.
15.02 At all times NBC shall take reasonable precautions so that the NBC Masts System or any device or equipment used plans approved in connection therewith shall be operated or used only in a manner causing no interference with any radio, television or other electrical system or installations of the Board or any Occupants; it being understood that NBC will consult with the Board prior to any future installation writing by NBC of any such antenna or any device or equipment used in connection therewith, in order to determine in a timely manner whether antenna locations and characteristics, operating parametersLessor, and frequencies may present a risk of potential interference.
15.03 If at any time hereafter the Board shall grant any other personno modifications, firm, corporation additions or other entity (a “Third Party”) permission to install and maintain on the roof over the 65th Floor or over any Floor above the 65th Floor of the Tower Building (a “Restricted Roof”) permission to install and maintain any radio or television antenna, the permission alterations will contain the requirement that such Third Party shall (1) consult with NBC prior to its installation of any such antenna or any device or equipment used in connection therewith, in order to determine in a timely manner whether antenna locations and characteristics, operating parameters, and frequencies may present a risk of potential interference, and (2) at all times take reasonable precautions so that such antenna or any device or equipment used in connection therewith shall be operated or used only in a manner causing no interference with the NBC Masts System; it being understood that the Board shall have no obligation with respect to any failure of any such Third Party to so consult with NBC and that the Board’s sole obligation with respect to any such interference caused by any Third Party shall be to notify such Third Party of such interference within a reasonable time after NBC has notified the Board thereof and, if such interference is not eliminated as soon as possible by such Third Party, the Board will revoke the permission and the Board shall not be liable for any damages or costs of any nature whatsoever which may be incurred by NBC as a result of such interference.
15.04 If the Board shall install any radio or television antenna on any Restricted Roof for its own use, the Board shall (a) consult with NBC prior to its installation of any such antenna or any device or equipment used in connection therewith, in order to determine in a timely manner whether antenna locations and characteristics, operating parameters, and frequencies may present a risk of potential interference, and (b) take reasonable precautions so that such antenna or any device or equipment used in connection therewith shall be operated or used only in a manner causing no interference with the NBC Masts System; it being understood that the Board’s sole obligation with respect to any such interference shall be to eliminate such interference as soon as possible after NBC has notified the Board thereof and, provided that the Board acts as soon as possible to eliminate such interference, the Board shall not be liable for any damages or costs of any nature whatsoever which may be incurred by NBC as a result of such interference.
15.05 If at any time NBC shall remove the NBC Masts System, NBC shall repair any damage to the Condominium Buildings or its appurtenances which may have been occasioned by reason of or in connection with the installation, maintenance, use or removal of the NBC Masts System and shall cause all affected areas of the Condominium Buildings to be restored to a good state of repair and condition, all at NBC’s own cost and expense.
15.06 Any and all work which may or shall be required to be done by NBC hereunder, whether in connection with the installation, maintenance, repair and/or removal of the NBC Masts System, or in repairing any damage to the Condominium Buildings, or its appurtenances, shall be deemed Changes subject to the applicable provisions of Article 6.
15.07 The Board assumes no responsibility either for or in connection with the installation, maintenance, repair, operation or removal of the NBC Masts System or for the safeguarding thereof.
15.08 For the purpose of the repair, maintenance, operation and/or removal of the NBC Masts System as herein provided, NBC’s properly identified contractors, agents and representatives shall be permitted access to affected areas of the Condominium Buildings in accordance with Section 11.01. It is expressly understood that the permission herein granted shall not vest in NBC any rights to occupy any areas of the Condominium Buildings or to use the same for any purposes or in any manner except as herein expressly provided, nor shall NBC make or permit to be made any changes or additions in or to the NBC Masts System (except minor changes or additions in or to the NBC Masts System without Lessor's prior written consent, which are incident to the normal operation thereof) without the Board’s prior consent thereto; provided, however, that such consent will not be unreasonably withheld if withheld. Aesthetic concerns will be deemed valid reasons for withholding consent. All working drawings for Tenant's Work will be prepared by Tenant at Tenant's expense and will be submitted to Lessor for approval. All Tenant's Work will be done in a good and workmanlike manner and as expeditiously as possible. Tenant's installation and use of the Antennas will be subject to the following (the "Conditions"):
(a) No Antennas may be installed without Lessor's prior written approval. Lessor's approval will not be unreasonably withheld or delayed so long as the work complies with the plans approved by Lessor and Tenant is not in default under this Lease and so long as all other conditions set forth in this Section are met.
(b) Tenant will submit the working drawing for the Tenant's Work and the Antennas to Lessor at least 30 days before the date the Tenant's Work is to commence.
(c) Tenant will provide Lessor with evidence acceptable to Lessor that the Antennas and their proposed location installation comply with all applicable laws, ordinances, rules and regulations, and that Tenant has obtained any licenses, permits or other governmental consents or approvals required for the installation or use of such change the Antennas and the other Tenant's Work.
(d) Upon request, Tenant will provide Lessor with evidence acceptable to Lessor that the Antennas are owned or addition is at leased by Tenant and that the installation of the Antennas will comply with all provisions of Section 10 of this Lease relating to alterations.
(e) Tenant will promptly pay all costs of the Tenant's Work and the Antennas and any construction, installation, repair, maintenance, or governmental approval or licensing costs associated with the Tenant's Work and the Antennas.
(f) Tenant will provide Lessor with evidence that the Antennas are insured against fire, theft and other risks normally covered by an unoccupied location "all risk" policy of casualty insurance, and evidence that the Tenant's liability insurance required under Section 20 of this Lease, or a separate policy meeting the requirements of Section 20, applies to all of the Antennas and their installation, use, maintenance and repair.
(g) Neither the Antennas nor their installation, use, maintenance or repair shall:
(1) be disruptive or disturbing to tenants of any other building by reason of noise, vibration, radio or electromagnetic interference, or similar cause, or to Lessor's operation or maintenance of the Land or Building or other buildings,
(2) be architecturally or aesthetically inharmonious with the Land or Building,
(3) affect the structural or mechanical integrity of the Building or the operation or maintenance of the systems serving the Building or serving other buildings,
(4) increase the insurance costs for the Building (except for costs to be paid solely by Tenant),
(5) endanger the safety or well-being of Lessor, any tenant of any other building, or any employees or invitees of Lessor or any other tenant.
(h) Tenant agrees to comply with and obtain all necessary approvals, permits, licenses, etc., required by the Federal Communications Commission (the "FCC") and any other governmental authorities asserting jurisdiction over the installation or operation of any of Tenant's Antennas. Tenant warrants, represents and agrees that the installation and operation of the roof installations shall in no way materially interfere with the operation of any other Building system or antenna system(s) presently in operation or in operation in the area shown cross-hatched on the diagram attached hereto as Exhibit N on the roof over the 69th Floor of the Tower Building and the platform thereon future in or on the diagrams attached hereto Building and that in the event such interference should occur, Tenant, after having received notice of such interference, will take immediate action to eliminate said interference and restore the proper operation of such system(s) as Exhibit N on the roof over the 65th Floor required by law or directive of the Tower BuildingFCC. In the event that Tenant fails to eliminate the interference as required by law or directive of the FCC within a reasonable time, Lessor may, at its discretion, (a) cure such interference and thereafter add the cost and expense incurred by Lessor therefor to the next Monthly Rent to become due and Tenant shall pay said amount as additional Monthly Rent, or (b) upon completion treat such failure on the part of such change Tenant to eliminate said interference, as required by the FCC within the time allotted by the FCC, as a default under this Lease. Tenant agrees to indemnify and hold Lessor harmless from and against any claims and expenses Lessor may incur arising from Tenant's failure to comply with the Conditions or addition the same will not adversely affect the scale, mass or silhouette rules and orders of the Condominium BuildingsFCC with respect to the installation and operation of any of Tenant's antennae or antenna system(s).
15.09 The Board reserves the right to charge NBC for any and all electric current furnished by the Board for the NBC Masts System and/or otherwise for use in relation thereto during the term and the same shall be paid for by NBC pursuant to Section 4.01 as part of Reimbursable Costs and as shown by a meter to be installed for the purpose, unless otherwise agreed to between NBC and the Board.
15.10 The Board shall consult with NBC prior to performing or consenting to any work or action by the Board or any Occupant that may, in the Board’s reasonable judgment, have a material adverse impact on the NBC Masts System.
Appears in 1 contract
Sources: Lease (Advancepcs)
Antennas. 15.01 The Board hereby grants to NBC permission, subject to all Tenant shall have the terms, provisions and conditions of this Agreement, to continue to maintain the NBC Masts System. NBC shall keep and maintain the NBC Masts Systemright, at NBC’s own Tenant's sole cost and expense, to install a satellite receiving antenna, cellular telephone antennas to enhance cellular telephone signals within the Building, and related equipment on the roof of the Building for Tenant's exclusive use. Installation of the antennas shall be subject to all of the requirements of Section 11 including Landlord's reasonable consent. Landlord's consent to the installation of any antennas may be reasonably conditioned upon Tenant's receipt of all governmentally required rights, licenses and approvals for the installation and use of the antennas; the installation of roof-screening or other aesthetic modifications required to minimize the visual appearance of the satellite antennas; to the extent necessary, Landlord's review of an electrical engineer report obtained by Tenant confirming that Tenant's antennas will not cause any radio frequency interference with existing antennas or communications facilities at Central Research Park and, to the extent necessary in Landlord's reasonable discretion, the use of Landlord's structural engineer, electrical engineer, Building engineer, architect, roofing contractor or other consultants or contractors in the location and installation of the satellite antenna to avoid the violation or limitation of any third party rights and/or warranties or structural impairment of the roof or Building. Plans for the antennas shall be designed in such a safe condition manner as to minimize radio frequency and proper state of repair visual impacts to the greatest extent possible and shall comply avoid any exterior cable trays or other equipment on the facie of the Building. Tenant shall reimburse Landlord for all costs reasonably associated with all laws the review and ordinances approval of any antenna installations. Tenant shall maintain and governmental and insurance regulations and orders affecting it and its use.
15.02 At all times NBC shall take reasonable precautions so that operate the NBC Masts System or any device or equipment used in connection therewith shall be operated or used only antennas in a manner causing no interference which will not injure or annoy, nor cause radio frequency interference, with any radio, television or other electrical system or installations occupants of the Board or any Occupants; it being understood that NBC will consult with buildings adjacent to the Board prior to any future installation by NBC Building nor the general public. Upon removal of any such antenna or any device or equipment used in connection therewithantennas, in order to determine in a timely manner whether antenna locations and characteristics, operating parameters, and frequencies may present a risk of potential interference.
15.03 If at any time hereafter the Board shall grant any other person, firm, corporation or other entity (a “Third Party”) permission to install and maintain on the roof over the 65th Floor or over any Floor above the 65th Floor of the Tower Building (a “Restricted Roof”) permission to install and maintain any radio or television antenna, the permission will contain the requirement that such Third Party shall (1) consult with NBC prior to its installation of any such antenna or any device or equipment used in connection therewith, in order to determine in a timely manner whether antenna locations and characteristics, operating parameters, and frequencies may present a risk of potential interference, and (2) at all times take reasonable precautions so that such antenna or any device or equipment used in connection therewith shall be operated or used only in a manner causing no interference with the NBC Masts System; it being understood that the Board shall have no obligation with respect to any failure of any such Third Party to so consult with NBC and that the Board’s sole obligation with respect to any such interference caused by any Third Party shall be to notify such Third Party of such interference within a reasonable time after NBC has notified the Board thereof and, if such interference is not eliminated as soon as possible by such Third Party, the Board will revoke the permission and the Board shall not be liable for any damages or costs of any nature whatsoever which may be incurred by NBC as a result of such interference.
15.04 If the Board shall install any radio or television antenna on any Restricted Roof for its own use, the Board shall (a) consult with NBC prior to its installation of any such antenna or any device or equipment used in connection therewith, in order to determine in a timely manner whether antenna locations and characteristics, operating parameters, and frequencies may present a risk of potential interference, and (b) take reasonable precautions so that such antenna or any device or equipment used in connection therewith shall be operated or used only in a manner causing no interference with the NBC Masts System; it being understood that the Board’s sole obligation with respect to any such interference shall be to eliminate such interference as soon as possible after NBC has notified the Board thereof and, provided that the Board acts as soon as possible to eliminate such interference, the Board shall not be liable for any damages or costs of any nature whatsoever which may be incurred by NBC as a result of such interference.
15.05 If at any time NBC Tenant shall remove the NBC Masts System, NBC any and all structural improvements required for installation and shall repair any damage to the Condominium Buildings Building or its appurtenances which may have been occasioned by reason roof resulting from such removal. Except for sublessees of or in connection with the installation, maintenance, use or removal no less than twenty-five percent (25%) of the NBC Masts System and shall cause all affected areas Rentable Area or assignees of the Condominium Buildings to be restored to a good state of repair and conditionLease, all at NBC’s own cost and expense.
15.06 Any and all work which may or shall be required to be done by NBC hereunder, whether in connection with the installation, maintenance, repair and/or removal of the NBC Masts System, or in repairing any damage to the Condominium Buildings, or its appurtenances, shall be deemed Changes subject to the applicable provisions of Article 6.
15.07 The Board assumes no responsibility either for or in connection with the installation, maintenance, repair, operation or removal of the NBC Masts System or for the safeguarding thereof.
15.08 For the purpose of the repair, maintenance, operation and/or removal of the NBC Masts System as herein provided, NBC’s properly identified contractors, agents and representatives shall be permitted access to affected areas of the Condominium Buildings in accordance with Section 11.01. It is expressly understood that the permission herein granted shall not vest in NBC any rights to occupy any areas of the Condominium Buildings or to use the same for any purposes or in any manner except as herein expressly provided, nor shall NBC make or permit to be made any changes or additions in or to the NBC Masts System (except minor changes or additions in or to the NBC Masts System which are incident to the normal operation thereof) without the Board’s prior consent thereto; provided, however, that such consent will not be unreasonably withheld if (a) the proposed location of such change or addition is at an unoccupied location in the area shown cross-hatched on the diagram attached hereto as Exhibit N on the roof over the 69th Floor of the Tower Building and the platform thereon or on the diagrams attached hereto as Exhibit N on the roof over the 65th Floor of the Tower Building, and (b) upon completion of such change or addition the same will not adversely affect the scale, mass or silhouette of the Condominium Buildings.
15.09 The Board reserves the right to charge NBC for any and all electric current furnished by install the Board for the NBC Masts System and/or otherwise for use in relation thereto during the term and the same antennas granted herein shall be paid for by NBC pursuant personal to Section 4.01 as part of Reimbursable Costs Tenant named herein and as shown by a meter to cannot be installed for the purpose, unless otherwise agreed to between NBC and the Boardassigned or transferred.
15.10 The Board shall consult with NBC prior to performing or consenting to any work or action by the Board or any Occupant that may, in the Board’s reasonable judgment, have a material adverse impact on the NBC Masts System.
Appears in 1 contract
Sources: Office / R&d Lease (Cacheflow Inc)