Common use of Communications Equipment Clause in Contracts

Communications Equipment. Landlord and Tenant acknowledge that, as a condition to the effectiveness of this Lease, on or before the Commencement Date Tenant requires a satellite dish to be mounted on the roof of the Building and cabling from such satellite dish to Tenant’s Premises to make its contemplated system operational. If Tenant desires to install a satellite dish or any other equipment related to fixed wireless, local telephony, broadband infrastructure and similarly, purposed communications services (collectively, the “apparati”) on the roof of the Building, the following requirements shall be observed; (a) The apparati and all cabling, wiring, risers and similarly-purposed installations appurtenant to the apparati, whether located on the roof or elsewhere in the Building (collectively, the “Wiring”) shall in all respects concerning dimensions and aesthetics (including screening) comply with the City of Phoenix Zoning Ordinance. (b) Tenant shall have access to the Building roof only through the licensed and bonded contractor(s) it hires to install the apparati and Wiring. Such contractor shall coordinate all installation with the Building manager. (c) The location of the apparati and Wiring shall be approved in advance by Landlord. The location of the apparati on the Building roof is subject to change in the sole discretion of Landlord; provided, however, any relocation of the apparati at Landlord’s request shall not adversely affect the transmission and reception of communications signals for Tenant’s purposes. Landlord shall pay the cost of any re-location of the apparati (and for any extension or replacement of Wiring needed) that Landlord requires after initial placement on the roof, and Landlord shall pay for any damage done to the roof, the Building or the apparati caused by such Landlord-required re-location. In all events, the apparati and Wiring used by Tenant will not be interfered with by Landlord during American financial market business hours on business days. (d) Tenant shall be responsible for all damage to the roof or Building caused by the installation or removal by Tenant of the apparati and Wiring, subject only to the terms of subparagraph (c) above pertaining to re-location obligations. (e) On or before thirty (30) days prior to the scheduled expiration of this Lease, or within ten (10) days after any other termination of this lease, Landlord may elect by written notice to Tenant to: (i) Retain any or all Wiring; (ii) Remove any or all such Wiring and, to the extent affected only by such removal, restore the Premises and risers to their condition existing prior to the installation of the Wiring (“Wire Restoration Work”), and Landlord shall perform such Wire Restoration Work at Tenant’s sole cost and expense within fifteen (15) business days of the Termination Date; or (iii) Require Tenant to perform the Wire Restoration Work at Tenant’s sole cost and expense, within fifteen (15) business days of the Termination Date, as same may be extended or truncated. (f) The provisions of this Article 48B shall survive the expiration or sooner termination of the Lease. (g) In the event Landlord timely elects to retain the Wiring (pursuant to subparagraph (e)(i) hereof), Tenant covenants that: (i) Tenant shall be the sole owner of such Wiring, that Tenant shall have the right to surrender such Wiring, and that such Wiring shall be free of all liens and encumbrances; and (ii) Tenant shall not thereafter take any action which adversely affects the Wiring. (h) Notwithstanding anything to the contrary in Article 4, Landlord may retain Tenant’s Security Deposit after expiration or sooner termination of the Lease until the earliest of the following: (i) Landlord elects to retain the Wiring pursuant to subparagraph (e)(i), if applicable; (ii) Landlord elects to perform the Wire Restoration Work pursuant to subparagraph (e)(ii), the Wire Restoration Work is complete, and Tenant has fully reimbursed Landlord for all costs related thereto; or (iii) Landlord elects to require the Tenant to perform the Wire Restoration Work pursuant to subparagraph (e)(iii), the Wire Restoration Work is complete, and Tenant has paid for all costs related thereto. In the event Tenant fails or refuses to pay all costs of the Wire Restoration Work within ten (10) days of Tenant’s receipt of Landlord’s notice (accompanied by Landlord’s contractor’s invoices) requesting Tenant’s reimbursement for or direct payment of such costs, Landlord may apply all or any portion of Tenant’s Security Deposit toward the payment of such unpaid costs relative to the Wire Restoration Work. The application of such Security Deposit by Landlord pursuant to this Article 48B does not constitute a limitation on or waiver of Landlord’s right to seek further remedies under law or equity if the Security Deposit is Insufficient to pay the Landlord in full for the Wire Restoration Work. Notwithstanding anything to the contrary herein, any portion of Tenant’s Security Deposit not applied pursuant to this Article 48B on or before one month after the Termination Date shall be immediately paid by Landlord to Tenant.

Communications Equipment. Landlord Provided and on condition that Tenant acknowledge thathas not assigned this Lease or sublet all or any portion of the Premises, as a condition except to the effectiveness of this Leasean affiliated entity in accordance with Section 18(a), on or before the Commencement Date Tenant requires a satellite dish to be mounted may erect on the roof of the Building and cabling from such satellite dish to Tenant’s Premises to make its contemplated system operational. If Tenant desires to install a satellite dish or any other equipment related to fixed wirelessBuildings, local telephony, broadband infrastructure and similarly, purposed communications services (collectively, the “apparati”) on the roof of the Building, the following requirements shall be observed; (a) The apparati and all cabling, wiring, risers and similarly-purposed installations appurtenant to the apparati, whether located on the roof or elsewhere in the Building (collectively, the “Wiring”) shall in all respects concerning dimensions and aesthetics (including screening) comply with the City of Phoenix Zoning Ordinance. (b) Tenant shall have access to the Building roof only through the licensed and bonded contractor(s) it hires to install the apparati and Wiring. Such contractor shall coordinate all installation with the Building manager. (c) The location of the apparati and Wiring shall be approved in advance by Landlord. The location of the apparati on the Building roof is subject to change in the sole discretion of Landlord; provided, however, any relocation of the apparati at Landlord’s request shall not adversely affect the transmission and reception of communications signals for Tenant’s purposes. Landlord shall pay the cost of any re-location of the apparati (and for any extension or replacement of Wiring needed) that Landlord requires after initial placement on the roof, and Landlord shall pay for any damage done to the roof, the Building or the apparati caused by such Landlord-required re-location. In all events, the apparati and Wiring used by Tenant will not be interfered with by Landlord during American financial market business hours on business days. (d) Tenant shall be responsible for all damage to the roof or Building caused by the installation or removal by Tenant of the apparati and Wiring, subject only to the terms of subparagraph (c) above pertaining to re-location obligations. (e) On or before thirty (30) days prior to the scheduled expiration of this Lease, or within ten (10) days after any other termination of this lease, Landlord may elect by written notice to Tenant to: (i) Retain any or all Wiring; (ii) Remove any or all such Wiring and, to the extent affected only by such removal, restore the Premises and risers to their condition existing prior to the installation of the Wiring (“Wire Restoration Work”), and Landlord shall perform such Wire Restoration Work at Tenant’s sole cost and expense within fifteen (15) business days of the Termination Date; or (iii) Require Tenant to perform the Wire Restoration Work at Tenant’s sole cost and expense, communications equipment (the “Communications Equipment”) subject to the terms and conditions set forth in Section 14 of this Lease and subject further to the terms and conditions set forth hereinafter. Prior to installing the Communications Equipment, Tenant shall provide Landlord with plans and specifications therefor, as well as structural calculations and such other information pertaining to the Communications Equipment as Landlord may reasonably require. Landlord’s prior consent to such plans and specifications, as well as the location, manner of installation and control of the Communications Equipment shall be required. Tenant shall, within fifteen thirty (1530) business days of being billed therefor by Landlord, reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review of the Termination Dateforegoing. Tenant shall obtain, as same at its sole cost and expense, all governmental permits and approvals required for the installation and use of the Communications Equipment. Tenant shall install the Communications Equipment in a good and workmanlike manner using a roofing contractor designated by Landlord. Once installed, the Communications Equipment shall be deemed to be a part of the Premises and all references in this Lease to the Premises shall include said Communications Equipment. Tenant shall be solely responsible, at its sole cost and expense, for the maintenance and repair of the Communications Equipment, and shall indemnify and hold harmless Landlord from and against all liability, claims or costs, including reasonable legal fees, arising from the installation and/or use of the Communications Equipment. Tenant shall also be responsible for the repair of any damage to the Buildings or the roof caused by the installation and/or use of the Communications Equipment and Tenant shall assume full responsibility for the cost of repair and/or use of the Communications Equipment. Tenant agrees that in the event that any repair or replacement of the roof is required, Tenant will use the roofing contractor designated by Landlord. Under no circumstances shall Landlord be liable for any damage to or vandalism of the Communications Equipment. In addition, Landlord shall in no event be responsible if, for any reason whatsoever, the Communications Equipment does not perform to the expectations of Tenant. In using the Communications Equipment, Tenant agrees: (i) not to materially disrupt, adversely affect or interfere with any other tenant’s or other occupant’s use and enjoyment of its leased premises or any other part of the Property, and (ii) not to disrupt, adversely affect or interfere with any other providers of telecommunications services to the Buildings and/or the Property. Tenant agrees not to grant any third parties the right to utilize in any manner, or otherwise benefit from, the Communications Equipment. Tenant further agrees that Landlord may be extended or truncated. (f) The provisions of this Article 48B shall survive install and operate, and may permit the installation and operation by others of, additional communications equipment on the Buildings. Upon the expiration or sooner earlier termination of the this Lease. (g) In the event Landlord timely elects to retain the Wiring (pursuant to subparagraph (e)(i) hereof), Tenant covenants that: (i) Tenant shall be remove the sole owner of Communications Equipment from the Buildings and shall repair any damage caused by such Wiring, that Tenant shall have the right to surrender such Wiring, and that such Wiring shall be free of all liens and encumbrances; and (ii) Tenant shall not thereafter take any action which adversely affects the Wiring. (h) Notwithstanding anything to the contrary in Article 4, Landlord may retain removal. Tenant’s Security Deposit after expiration or sooner termination failure to timely comply with the immediately preceding sentence shall constitute a holding over of the Lease Premises by Tenant until such time as the earliest of the following: (i) Landlord elects to retain the Wiring pursuant to subparagraph (e)(i)Communications Equipment is removed and any damage caused by such removal is repaired by Tenant. In addition, if applicable; (ii) Landlord elects to perform the Wire Restoration Work pursuant to subparagraph (e)(ii), the Wire Restoration Work is complete, and Tenant has fully reimbursed Landlord for all costs related thereto; or (iii) Landlord elects to require the Tenant to perform the Wire Restoration Work pursuant to subparagraph (e)(iii), the Wire Restoration Work is complete, and Tenant has paid for all costs related thereto. In the event Tenant fails or refuses to pay all costs of the Wire Restoration Work within ten (10) days of Tenant’s receipt of Landlord’s notice (accompanied by Landlord’s contractor’s invoices) requesting Tenant’s reimbursement for or direct payment of such costs, Landlord may apply all or any portion of Tenant’s Security Deposit toward the payment of such unpaid costs relative to the Wire Restoration Work. The application of such Security Deposit by Landlord pursuant to this Article 48B does not constitute a limitation on or waiver of Landlord’s right to seek further remedies under law or equity if the Security Deposit is Insufficient to pay the Landlord in full for the Wire Restoration Work. Notwithstanding anything to the contrary herein, any portion of Tenant’s Security Deposit not applied pursuant to this Article 48B on or before one month after the Termination Date shall be immediately paid by Expiration Date, Tenant fails to both remove the Communications Equipment and repair any damage caused thereby, then, Landlord may, at Tenant’s sole cost and expense, remove the Communications Equipment without compensation to Tenant, discard it without liability to Landlord, and restore any damage caused by the removal of the Communications Equipment at Tenant’s expense. The aforesaid right to install the Communications Equipment is personal to the Tenant named herein and shall not apply to any assignee or subtenant of Tenant.

Communications Equipment. Landlord Tenant shall have the right to install and Tenant acknowledge that, as a condition to the effectiveness of this Lease, on or before the Commencement Date Tenant requires a maintain one (1) satellite dish to be mounted on the roof of the Building and cabling from such satellite dish to Tenant’s Premises to make its contemplated system operational. If Tenant desires to install a satellite dish or any other equipment related to fixed wireless, local telephony, broadband infrastructure and similarly, purposed communications services (collectively, the “apparatiCommunications Equipment”) on the roof of the BuildingBuilding throughout the Lease Term, subject to the following requirements shall be observed;terms and conditions: (a) The apparati location, size, weight, height and all cabling, wiring, risers other features and similarly-purposed installations appurtenant to the apparati, whether located on the roof or elsewhere in the Building (collectively, the “Wiring”) shall in all respects concerning dimensions and aesthetics (including screening) comply with the City of Phoenix Zoning Ordinance. (b) Tenant shall have access to the Building roof only through the licensed and bonded contractor(s) it hires to install the apparati and Wiring. Such contractor shall coordinate all installation with the Building manager. (c) The location specifications of the apparati Communications Equipment and Wiring the manner of initial installation of the same shall be approved in advance by Landlord. The location of the apparati on the Building roof is subject to change Landlord’s prior written approval, which approval may be granted or withheld in the Landlord’s sole discretion of Landlordand absolute discretion; provided, however, any relocation of the apparati at Landlord’s request that in no event shall not adversely affect the transmission and reception of communications signals for Tenant’s purposes. Landlord shall pay the cost of any re-location of the apparati (and for any extension or replacement of Wiring needed) that Landlord requires after initial placement on the roof, and Landlord shall pay for any damage done to the roof, the Building or the apparati caused by such Landlord-required re-location. In all events, the apparati and Wiring used by Tenant will not be interfered with by Landlord during American financial market business hours on business days. (d) Tenant shall be responsible for all damage to the roof or Building caused by the installation or removal by Tenant of the apparati and Wiring, subject only to the terms of subparagraph (c) above pertaining to re-location obligations. (e) On or before thirty (30) days prior to the scheduled expiration of this Lease, or within ten (10) days after any other termination of this lease, Landlord may elect by written notice to Tenant to: (i) Retain the diameter of any or all Wiring; satellite dish exceed twenty-four (ii) Remove any or all such Wiring and, to the extent affected only by such removal, restore the Premises and risers to their condition existing prior to the installation of the Wiring (“Wire Restoration Work24”), and (ii) any portion of the Communications Equipment extend over the top of the roof of the Building. Tenant shall reimburse Landlord for Landlord’s expenses incurred in such review. All repair and installation required after the initial installation of the Communications Equipment also shall perform such Wire Restoration Work be subject to Landlord’s prior written approval (to be granted or withheld in Landlord’s sole and absolute discretion), which approval shall be at Tenant’s sole cost and expense expense. (b) Tenant, at its sole cost and expense, shall procure all necessary governmental permits and licenses for the construction and maintenance of the Communications Equipment, and shall at all times comply with all requirements of laws, ordinances, orders, rules and regulations of all public authorities and insurance companies which shall impose any order or duty upon Landlord or Tenant with respect to or affecting the Communications Equipment or arising out of Tenant’s use or manner of use thereof. The failure by Tenant to procure any such permits shall not in any way affect Tenant’s obligations under this Lease. (c) Tenant shall pay and discharge all costs and expenses incurred by Landlord in connection with the furnishing, installation, maintenance, operation and removal of the Communications Equipment within fifteen (15) business days after written demand therefore. (d) Installation of the Termination Date; or (iii) Require Tenant to perform the Wire Restoration Work Communications Equipment shall be at Tenant’s sole cost expense and expense, within fifteen (15) business days risk. The Communications Equipment shall be approved by Landlord and shall be screened from view from the grounds adjacent to the Building in a manner and with materials acceptable to Landlord in its sole discretion. Tenant shall not disturb the roof membrane or make any other penetration on the roof or the exterior facade of the Termination DateBuilding except as otherwise approved in writing by Landlord in its sole discretion. Tenant shall be permitted access to the roof only upon prior notice to Landlord, provided that, at Landlord’s option, Tenant is accompanied by Landlord’s agent or representative. Any change or attachment to the roof system to which Landlord may consent in its sole and absolute discretion shall be performed at Tenant’s cost by a contractor selected and/or approved by Landlord. (e) Tenant shall maintain the Communications Equipment in a clean and safe manner throughout the entire Lease Term, and shall comply with all applicable laws, ordinances and regulations, as same well as such rules and regulations as Landlord had adopted or shall adopt from time to time. In addition, all repairs to the Building made necessary by reason of the furnishing, installation, maintenance, operation or removal of the Communications Equipment or any replacements thereof (including, without limitation, any invalidation of the roof warranty due to Tenant’s actions) shall be at Tenant’s sole cost. Not later than the expiration or termination of this Lease, Tenant agrees that it will remove promptly the Communications Equipment and any wiring or accessories associated with the Communications Equipment and shall repair any damage to the Building or Land caused by the installation or removal of the Communications Equipment and related equipment and restore the Building to its preexisting condition. In the event Tenant fails to remove the Communications Equipment and associated equipment, Landlord may be extended or truncatedremove and dispose of the Communications Equipment and associated equipment and charge Tenant the entire cost thereof. (f) The provisions of this Article 48B shall survive the expiration or sooner termination Landlord may notify Tenant when in Landlord’s reasonable judgment it is necessary to move any Communications Equipment to another part of the roof or to another location on the Land, provided that such relocation will not materially adversely affect Tenant’s ability to use such Communications Equipment, in which event Tenant shall promptly move such Communications Equipment to such location as designated by Landlord or, if applicable, remove such Communications Equipment altogether. If it becomes unlawful for Tenant’s Communications Equipment to remain on the roof for any reason, then Tenant shall promptly remove same after receipt of notice from Landlord demanding such removal thereof. Tenant hereby acknowledges and agrees that the requirement that Tenant relocate or remove altogether any Communications Equipment shall not result in any credit or abatement in the rent payable under this Lease. (g) In Landlord may, at Tenant’s expense, install checkmeters or submeters to the event Landlord timely elects to retain electrical circuits serving the Wiring Communications Equipment. Tenant shall reimburse Landlord, as additional rent, for all amounts incurred in connection with the electricity consumed by the Communications Equipment, including not only the cost of the electricity consumed, but also the cost of the measurement of such consumption. (pursuant to subparagraph h) Tenant’s Communications Equipment shall not interfere with the operation of the property, the structure of the Building, any of the Building systems, or the equipment (e)(iincluding airwaves reception and other equipment) hereof), Tenant covenants that:of any other tenant in the Building. (i) Tenant shall maintain such insurance as is appropriate with respect to the installation, operation and maintenance of the Communications Equipment. Landlord shall have no liability on account of any damage to or interference with the operation of the Communications Equipment except for physical damage caused by Landlord’s gross negligence or willful misconduct and Landlord expressly makes no representations or warranties with respect to the capacity for Communications Equipment placed on the roof of the Building to receive or transmit signals. The operation of the Communications Equipment shall be the at Tenant’s sole owner of such Wiring, that and absolute risk. Tenant shall have in no event interfere with the right to surrender such Wiring, and that such Wiring shall be free use of all liens and encumbrances; and (ii) Tenant shall not thereafter take any action which adversely affects other communications equipment located on the Wiringroof of the Building. (hj) Notwithstanding anything The Communications Equipment may be used by Tenant only in the conduct of Tenant’s business at the Premises. (k) In the event that a default occurs under the Lease (as amended hereby) beyond any applicable notice and/or cure period, then, in addition to all other rights and remedies of Landlord, Landlord, in its sole and absolute discretion, may terminate Tenant’s rights pursuant to this Paragraph by written notice to Tenant. Within five (5) business days after such notice, Tenant shall remove the Communications Equipment and any wiring or accessories associated with the Communications Equipment and shall repair any damage to the contrary in Article 4, Landlord may retain Tenant’s Security Deposit after expiration Building or sooner termination Land caused by the installation or removal of the Lease until Communications Equipment and related equipment and restore the earliest of the following: (i) Landlord elects Building to retain the Wiring pursuant to subparagraph (e)(i), if applicable; (ii) Landlord elects to perform the Wire Restoration Work pursuant to subparagraph (e)(ii), the Wire Restoration Work is complete, and Tenant has fully reimbursed Landlord for all costs related thereto; or (iii) Landlord elects to require the Tenant to perform the Wire Restoration Work pursuant to subparagraph (e)(iii), the Wire Restoration Work is complete, and Tenant has paid for all costs related theretoits preexisting condition. In the event Tenant fails or refuses to pay all costs of remove the Wire Restoration Work within ten (10) days of Tenant’s receipt of Landlord’s notice (accompanied by Landlord’s contractor’s invoices) requesting Tenant’s reimbursement for or direct payment of such costsCommunications Equipment and associated equipment, Landlord may apply all or any portion remove and dispose of the Communications Equipment and associated equipment and charge Tenant the entire cost thereof. (1) Tenant’s Security Deposit toward the payment of such unpaid costs relative to the Wire Restoration Work. The application of such Security Deposit rights under this Section may be exercised only by Landlord pursuant to this Article 48B does Tenant and may not constitute a limitation on be exercised by any other person or waiver of Landlord’s right to seek further remedies under law or equity if the Security Deposit is Insufficient to pay the Landlord in full for the Wire Restoration Work. Notwithstanding anything to the contrary herein, any portion of Tenant’s Security Deposit not applied pursuant to this Article 48B on or before one month after the Termination Date shall be immediately paid by Landlord to Tenantentity.

Communications Equipment. Landlord Subject to Landlord's review and Tenant acknowledge thatprior written approval, as a condition to which consent shall not be unreasonably withheld, conditioned or delayed, TENANT shall at all times during the effectiveness Term of this LeaseLease and any Renewals thereof, on or before have the Commencement Date Tenant requires a satellite dish right to be mounted on use the Building's shafts for conduits between the Premises and the roof of the Building for the installation and cabling from such satellite dish maintenance of conduits and cables to Tenant’s Premises extend to make its contemplated system operationalcommunications equipment located or to be located on the roof. If Further, subject to Landlord's prior written approval (not to be unreasonably withheld) of the size, location and the plans and specifications therefor, Tenant desires shall have the right at all times, and at no additional rental, to install a and operate microwave or satellite dish dishes or any other equipment related to fixed wireless, local telephony, broadband infrastructure and similarly, purposed antenna communications services (collectively, the “apparati”) system on the roof of the Building. The use of such conduits and roof for communications equipment by Tenant is included in the definition of the Premises. No additional rent or expense may be charged to Tenant for the use of such conduits and roof for communications purposes. Landlord's approval rights may include without limitation, review and approval of all plans and specifications for the following requirements equipment, procedures and personnel with respect to installation, maintenance, and operation. Use of such roof space shall be observed; (a) The apparati and all cabling, wiring, risers and similarly-purposed installations appurtenant to the apparati, whether located on the roof or elsewhere in the Building (collectively, the “Wiring”) shall in all respects concerning dimensions and aesthetics (including screening) comply with the City of Phoenix Zoning Ordinance. (b) Tenant shall have access to the Building roof only through the licensed and bonded contractor(s) it hires to install the apparati and Wiring. Such contractor shall coordinate all installation with the Building manager. (c) The location of the apparati and Wiring shall be approved in advance by Landlord. The location of the apparati on the Building roof is subject to change in the sole discretion of Landlord; provided, however, any relocation of the apparati at Landlord’s request shall not adversely affect the transmission and reception of communications signals for Tenant’s purposes. 's obtaining such insurance coverage as Landlord shall pay the cost of any re-location of the apparati (and for any extension or replacement of Wiring needed) that Landlord requires after initial placement on the roof, and Landlord shall pay for any damage done to the roof, the Building or the apparati caused by such Landlord-required re-locationreasonably require. In all events, the apparati and Wiring used by Tenant will not be interfered with by Landlord during American financial market business hours on business days. (d) Tenant shall be responsible for all damage to the roof or Building caused by the installation or removal by Tenant of the apparati and Wiring, subject only to the terms of subparagraph (c) above pertaining to re-location obligations. (e) On or before thirty (30) days prior to the scheduled expiration of this Lease, or within ten (10) days after any other termination of this lease, Landlord may elect by written notice to Tenant to: (i) Retain any or all Wiring; (ii) Remove any or all such Wiring and, to the extent affected only by such removal, restore the Premises and risers to their condition existing prior to the installation of the Wiring (“Wire Restoration Work”), and Landlord shall perform such Wire Restoration Work at Tenant’s sole cost and expense within fifteen (15) business days of the Termination Date; or (iii) Require Tenant to perform the Wire Restoration Work at Tenant’s sole cost and expense, within fifteen (15) business days of the Termination Date, as same may be extended or truncated. (f) The provisions of this Article 48B shall survive At the expiration or sooner earlier termination of the Lease. (g) In , Tenant, at its expense, shall remove the event Landlord timely elects communications equipment. Any work required to retain restore the Wiring (pursuant to subparagraph (e)(i) hereof)roof or any other part of the Building from any damage occasioned by the installation, Tenant covenants that: (i) maintenance or removal of the communications equipment shall be borne by Tenant. Tenant shall be the sole owner of such Wiringindemnify and hold harmless Landlord from all costs, that Tenant shall have the right to surrender such Wiringdamages expenses, liabilities, and that such Wiring shall be free of all liens and encumbrances; and (ii) Tenant shall not thereafter take any action which adversely affects the Wiring. (h) Notwithstanding anything to the contrary in Article 4suits, Landlord may retain including reasonable attorneys' fees, occasioned by Tenant’s Security Deposit after expiration 's installation, maintenance, removal or sooner termination use of the Lease until communications equipment, including without limitation, any damage to Property and/or injury or death to persons caused thereby from the earliest installation, maintenance, and operation. The installation, maintenance, relocation, and removal of the following: (i) Landlord elects communications equipment will be performed in such a manner as not to retain interfere with the Wiring pursuant to subparagraph (e)(i), if applicable; (ii) Landlord elects to perform the Wire Restoration Work pursuant to subparagraph (e)(ii), the Wire Restoration Work is complete, and Tenant has fully reimbursed Landlord for all costs related thereto; or (iii) Landlord elects to require the Tenant to perform the Wire Restoration Work pursuant to subparagraph (e)(iii), the Wire Restoration Work is complete, and Tenant has paid for all costs related thereto. In the event Tenant fails or refuses to pay all costs operation of the Wire Restoration Work within ten (10) days Project and in a manner that will not cause interference with the use of other tenants in the Project of their electronic devices that were installed prior to Tenant’s receipt of Landlord’s notice (accompanied by Landlord’s contractor’s invoices) requesting Tenant’s reimbursement for or direct payment of such costs, 's installation. Landlord may apply all or any portion of Tenant’s Security Deposit toward the payment of such unpaid costs relative to the Wire Restoration Work. The application of such Security Deposit by agrees that Landlord pursuant to this Article 48B does not constitute a limitation on or waiver of Landlord’s right to seek further remedies under law or equity if the Security Deposit is Insufficient to pay the Landlord in full for the Wire Restoration Work. Notwithstanding anything to the contrary herein, any portion of Tenant’s Security Deposit not applied pursuant to this Article 48B on or before one month will require other tenants who sign leases after the Termination Date shall be immediately paid by Landlord date hereof and who install communications equipment after Tenant's installation, to install, maintain and operate such equipment in a manner that will not interfere with Tenant.'s use and operation of its communications equipment. All

Communications Equipment. 26.1 Tenant shall have the non-exclusive right to install and maintain roof antennas and satellite dishes (the "Communications Equipment") on the roof of the Building throughout the Lease Term, subject to the following terms and conditions: (a) The number location, size, weight, height and all other features and specifications of the Communications Equipment and the manner of initial installation of the same shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall reimburse Landlord for Landlord's reasonable out-of-pocket expenses incurred in such review. All repair and installation required after the initial installation of the Communications Equipment also shall be subject to Landlord's prior written approval (not to be unreasonably withheld, conditioned, or delayed). (b) Tenant, at its sole cost and expense, shall procure all necessary governmental permits and licenses for the construction and maintenance of the Communications Equipment, and shall at all times comply with all requirements of laws, ordinances, orders, rules and regulations of all public authorities and insurance companies which shall impose any order or duty upon Landlord or Tenant with respect to or affecting the Communications Equipment or arising out of Tenant's use or manner of use thereof. The failure by Tenant to procure any such permits shall not in any way affect Tenant's obligations under this Lease. (c) Tenant shall pay and discharge all reasonable out-of-pocket costs and expenses incurred by Landlord in connection with the furnishing, installation, maintenance, operation and removal of the Communications Equipment within thirty (30) business days after written demand therefor. (d) Installation of the Communications Equipment shall be at Tenant's sole expense and risk. The Communications Equipment shall be approved by Landlord and shall be screened from view from the grounds adjacent to the Building in a manner and with materials reasonably acceptable to Landlord. Tenant acknowledge shall not disturb the roof membrane or make any other penetration on the roof or the exterior facade of the Building except as otherwise approved in writing by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed. Tenant shall be permitted access to the roof only upon prior notice to Landlord, provided that, as a condition at Landlord's option, Tenant is accompanied by Landlord's agent or representative. Any change or attachment to the effectiveness roof system to which Landlord may consent shall be performed at Tenant's cost by a contractor approved by Landlord. (e) Tenant shall maintain the Communications Equipment in a clean and safe manner throughout the entire Lease Term, and shall comply with all applicable laws, ordinances and regulations, as well as such rules and regulations as Landlord had adopted or shall adopt from time to time. In addition, all repairs to the Building made necessary by reason of the furnishing, installation, maintenance, operation or removal of the Communications Equipment or any replacements thereof (including, without limitation, any invalidation of the roof warranty due to Tenant's actions) shall be at Tenant's sole cost. Not later than the expiration or termination of this Lease, Tenant agrees that it will remove promptly the Communications Equipment and any wiring or accessories associated with the Communications Equipment and shall repair any damage to the Building or Land caused by the installation or removal of the Communications Equipment and related equipment and restore the Building to its preexisting condition, normal wear and tear excepted. In the event Tenant fails to remove the Communications Equipment and associated equipment, Landlord may remove and dispose of the Communications Equipment and associated equipment and charge Tenant the entire cost thereof. (f) Landlord may notify Tenant when in Landlord's reasonable judgment it is necessary to move any Communications Equipment to another part of the roof or to another location on the Land, provided that such relocation will not materially adversely affect Tenant's ability to use such Communications Equipment, in which event Tenant shall promptly move such Communications Equipment to such location as designated by Landlord. Landlord shall reimburse Tenant for the reasonable out-of-pocket costs, if any, incurred by Tenant in connection with any such relocation required by Landlord. If it becomes unlawful for Tenant's Communications Equipment to remain on the roof for any reason, then Tenant shall promptly remove same after receipt of notice from Landlord demanding such removal thereof. Tenant hereby acknowledges and agrees that the requirement that Tenant relocate or before remove altogether any Communications Equipment shall not result in any credit or abatement in the Commencement Date rent payable under this Lease. (g) Tenant requires a satellite dish shall pay to the utility company all amounts incurred in connection with the electricity consumed by the Communications Equipment in accordance with Section 14.4. (h) Tenant's Communications Equipment shall not interfere with the operation of the property, the structure of the Building, any of the Building systems, or the equipment (including airwaves reception and other equipment) of any other tenant in the Building. (i) Tenant shall maintain such insurance as is appropriate with respect to the installation, operation and maintenance of the Communications Equipment. Landlord shall have no liability on account of any damage to or interference with the operation of the Communications Equipment except for physical damage caused solely and directly by Landlord's negligence or willful misconduct and Landlord expressly makes no representations or warranties with respect to the capacity for Communications Equipment placed on the roof of the Building to receive or transmit signals. The operation of the Communications Equipment shall be mounted at Tenant's sole and absolute risk. Tenant shall in no event interfere with the use of any other communications equipment of Landlord located on the roof of the Building and cabling from such satellite dish necessary to operate, maintain or service the Building. (j) The Communications Equipment may be used by Tenant only in the conduct of Tenant's primary business. (1) In the event Tenant's equipment causes adverse interference to equipment located on the roof of the Building prior to the installation of Tenant's equipment, the Building Structure or Building Systems, Tenant will take all steps necessary to correct and eliminate the interference. If said interference cannot be eliminated within a reasonable length of time, not to exceed ten (10) days after notice thereof to Tenant’s Premises , Tenant agrees to make its contemplated system operationalcease using the equipment that is creating the interference except for short tests necessary for the elimination of the interference. If Tenant desires In the event of an emergency or other situation requiring immediate resolution, as determined by Landlord (including without limitation, interference to install a satellite dish the Building Structure, the Building Systems, or any other equipment related to fixed wirelessequipment, local telephony, broadband infrastructure and similarly, purposed communications services (collectively, the “apparati”) whether or not located on the roof of the Building), the following requirements shall be observed; (a) The apparati and all cabling, wiring, risers and similarly-purposed installations appurtenant to the apparati, whether located on the roof or elsewhere in the Building (collectively, the “Wiring”) shall in all respects concerning dimensions and aesthetics (including screening) comply with the City of Phoenix Zoning Ordinance. (b) Tenant Landlord shall have access to the Building roof only through right, but not the licensed and bonded contractor(s) it hires to install the apparati and Wiring. Such contractor shall coordinate all installation with the Building manager. (c) The location of the apparati and Wiring shall be approved in advance by Landlord. The location of the apparati on the Building roof is subject to change in the sole discretion of Landlord; providedobligation, however, without any relocation of the apparati at Landlord’s request shall not adversely affect the transmission and reception of communications signals for Tenant’s purposes. Landlord shall pay the cost of any re-location of the apparati (and for any extension or replacement of Wiring needed) that Landlord requires after initial placement on the roof, and Landlord shall pay for any damage done to the roof, the Building or the apparati caused by such Landlord-required re-location. In all events, the apparati and Wiring used by Tenant will not be interfered with by Landlord during American financial market business hours on business days. (d) Tenant shall be responsible for all damage to the roof or Building caused by the installation or removal by Tenant of the apparati and Wiring, subject only to the terms of subparagraph (c) above pertaining to re-location obligations. (e) On or before thirty (30) days prior to the scheduled expiration of this Lease, or within ten (10) days after any other termination of this lease, Landlord may elect by written notice to Tenant to: (i) Retain any to attempt to correct or all Wiring; (ii) Remove any or all eliminate such Wiring andinterference, to the extent affected only by such removal, restore the Premises and risers to their condition existing prior to the installation of the Wiring (“Wire Restoration Work”), and Landlord shall perform such Wire Restoration Work at Tenant’s sole cost and expense within fifteen (15) business days of the Termination Date; or (iii) Require Tenant to perform the Wire Restoration Work at Tenant’s 's sole cost and expense, within fifteen (15) business days of the Termination Date, as same may be extended or truncated. (f) The provisions of this Article 48B shall survive the expiration or sooner termination of the Lease. (g2) In the event that the equipment of another entity, which equipment is installed in the Building subsequent to the date on which Tenant's equipment is installed, shall adversely interfere with Tenant's transmission and/or reception from its equipment, then, in such event, Landlord timely elects to retain shall cause the Wiring (pursuant to subparagraph (e)(i) hereof), Tenant covenants that: (i) Tenant shall be the sole owner of such Wiring, that Tenant shall have subsequently installed equipment to take all steps necessary to correct and eliminate the right to surrender such Wiring, and that such Wiring shall be free interference (except for short tests necessary for the elimination of all liens and encumbrances; and (ii) Tenant shall not thereafter take any action which adversely affects the Wiringinterference). (hl) Notwithstanding anything to Tenant's rights under this Section may be exercised only by Netrix Corporation, an assignee of this Lease that is a Permitted Transferee of Netrix Corporation, and, provided Tenant leases the contrary in Article 4entire Building, Landlord may retain Tenant’s Security Deposit after expiration or sooner termination any other assignee of the this Lease until the earliest of the following: (i) Landlord elects to retain the Wiring pursuant to subparagraph (e)(i), if applicable; (ii) Landlord elects to perform the Wire Restoration Work pursuant to subparagraph (e)(ii), the Wire Restoration Work is complete, and Tenant has fully reimbursed Landlord for all costs related thereto; or (iii) Landlord elects to require the Tenant to perform the Wire Restoration Work pursuant to subparagraph (e)(iii), the Wire Restoration Work is complete, and Tenant has paid for all costs related thereto. In the event Tenant fails or refuses to pay all costs of the Wire Restoration Work within ten (10) days of Tenant’s receipt of Landlord’s notice (accompanied by Landlord’s contractor’s invoices) requesting Tenant’s reimbursement for or direct payment of such costs, Landlord may apply all or any portion of Tenant’s Security Deposit toward the payment of such unpaid costs relative to the Wire Restoration Work. The application of such Security Deposit approved by Landlord pursuant to this Article 48B does VII, and may not constitute a limitation on or waiver of Landlord’s right to seek further remedies under law or equity if the Security Deposit is Insufficient to pay the Landlord in full for the Wire Restoration Work. Notwithstanding anything to the contrary herein, be exercised by any portion of Tenant’s Security Deposit not applied pursuant to this Article 48B on or before one month after the Termination Date shall be immediately paid by Landlord to Tenantother entity.