Common use of Dish Clause in Contracts

Dish. Tenant may, at its sole cost and at any time during the Term of this Lease, install, use, maintain, repair and replace on the roof of the Building a satellite dish, conduits and other related apparatus and equipment (“Satellite Dish”). Landlord shall not charge a roof rental fee. Landlord further hereby agrees that Tenant may, at its sole cost, install cables running from the Satellite Dish through the outer wall of the Building into the Premises. All such installation, use, maintenance, repair and replacement shall comply with all applicable laws. Landlord agrees that the Satellite Dish may remain upon the roof of the Building (or “Alternative Location” as hereinafter described), free from any interference by Landlord, its employees, contractors, agents, its invitees or other tenants. Landlord further agrees that upon prior notice to Landlord, which notice may be oral) Tenant may have access to the roof of the Building and other parts of the Building through which the satellite cable run at all times during the Term. The Satellite Dish shall at all times remain Tenant’s property. Landlord further hereby agrees that if the Satellite Dish’s reception and/or transmission is, in the sole discretion of Tenant, inadequate and/or interfered with due to the presence of other dishes, buildings or for any other reason not attributable to the negligent installation of the Satellite Dish by Tenant or its contractor(s), Landlord shall allow Tenant to relocate the Satellite Dish to another mutually agreeable location on the Land (“Alternative Location”) at Tenant’s sole cost. Tenant shall, at its own cost and expense, promptly repair any all damage caused by any installation or maintenance activities of Tenant or its contractor, subcontractor, or agent.

Dish. (a) Tenant mayat its sole expense shall have the right to erect, install, operate and maintain three (3) communication dishes (each dish not to exceed 4.5 meters in diameter) and two (2) additional communication dishes (not to exceed 1.8 meters and 36 inches in diameter respectively) (the "Communication Equipment") upon the roof of the Building in the location described on Exhibit "P" hereto. The Communication Equipment and all areas where the related connections, cables and ancillary facilities are located shall be deemed for all purposes of the Lease (other than Rent) to be a part of the Premises for liability, insurance, compliance with law, indemnity and other applicable lease provisions. The Communication Equipment and their signals shall not be permitted to interfere, disrupt or hinder the operation and function of any other dish or communication device existing prior to the Effective Date. In the installment, maintenance, repair and/or replacement of any Communication Equipment on the roof the Building, Tenant hereby acknowledges and agrees to use Landlord's roofing contractor so that any penetrations into the roof will not void Landlord's roof warranty. (b) If Landlord, its agents, contractors, property manager or their respective employees damage the Communication Equipment, then Landlord shall immediately repair the damaged Communication Equipment. If Landlord, its agents, contractors, property manager or their respective employees damage the Communication Equipment and such Communication Equipment is not repaired or replaced within two (2) business days following delivery of written notice from Tenant of such damage, then Tenant shall receive a pro rata abatement of Rent (depending on the impact on Tenant's business operations in the Premises) until such Communication Equipment is repaired or replaced. If Landlord, its agents, contractors, property manager or their respective employees damage the Communication Equipment and such Communication Equipment is not repaired or replaced within thirty (30) days following delivery of written notice from Tenant of such damage, then Tenant shall have the right to terminate this Lease prior to the repair or replacement of the Communication Equipment by delivering written notice to Landlord, which notice shall specify the effective date of termination, which date shall not be more than one hundred eighty (180) days after the date of Tenant's notice of termination. (c) On or after the Effective Date hereof, (i) Landlord shall not allow the installation or operation of any dish or other communication equipment on the Building or Complex that would interfere with the operation, maintenance or function of the Communication Equipment, (ii) Landlord shall not allow any dish or other communication equipment existing in the Complex prior to the Effective Date to have its location or signal changed if such change would interfere with the operation, maintenance or function of the Communication Equipment, or (iii) Landlord, its agents, contractors, property manager or their respective employees shall not damage or destroy the Communication Equipment or interfere with the operation, maintenance or function of the Communication Equipment (collectively "Landlord Control Obligations"). If Landlord breaches any of the Landlord Control Obligations, then Landlord, at its sole cost risk and expense, shall cure such interruption within two (2) business days of Tenant's delivery of written notice to Landlord. If Landlord does not cure such interruption (caused by a Landlord Control Obligation) within two (2) business days of the delivery of Tenant's written notice to Landlord, then Landlord, at its sole cost and at any time during expense, shall relocate the Term of this Lease, install, use, maintain, repair Communication Equipment to a new location (which is mutually acceptable to Landlord and replace Tenant) on the Building roof which is within 300 feet of the Building a satellite dish, conduits and other related apparatus and equipment (“Satellite Dish”)Data Center Space. If Landlord shall not charge a roof rental fee. Landlord further hereby agrees that Tenant may, at its sole cost, install cables running from the Satellite Dish through the outer wall breaches any of the Building into Landlord Control Obligations and the interruption of such Communication Equipment is not cured or relocated and operating within two (2) business days following delivery of written notice from Tenant of such interruption, then Tenant shall receive a pro rata abatement of Rent (depending on the impact on Tenant's business operations in the Premises) until the interruption of such Communication Equipment is either cured or such Communication Equipment is relocated as set forth in the preceding sentence. All such installation, use, maintenance, repair and replacement shall comply with all applicable laws. If Landlord agrees that the Satellite Dish may remain upon the roof breaches any of the Building Landlord Control Obligations and the interruption of such Communication Equipment is not cured or relocated and operating within thirty (or “Alternative Location” as hereinafter described)30) days following delivery of written notice from Tenant of such interruption, free from any then Tenant shall have the right to terminate this Lease prior to the curing of the interference of the Communication Equipment by Landlord, its employees, contractors, agents, its invitees or other tenants. Landlord further agrees that upon prior delivering written notice to Landlord, which notice may shall specify the effective date of termination, which date shall not be oralmore than one hundred eighty (180) Tenant may have access to days after the roof of the Building and other parts of the Building through which the satellite cable run at all times during the Term. The Satellite Dish shall at all times remain Tenant’s property. Landlord further hereby agrees that if the Satellite Dish’s reception and/or transmission is, in the sole discretion date of Tenant, inadequate and/or interfered with due to the presence 's notice of other dishes, buildings or for any other reason not attributable to the negligent installation of the Satellite Dish by Tenant or its contractor(s), Landlord shall allow Tenant to relocate the Satellite Dish to another mutually agreeable location on the Land (“Alternative Location”) at Tenant’s sole cost. Tenant shall, at its own cost and expense, promptly repair any all damage caused by any installation or maintenance activities of Tenant or its contractor, subcontractor, or agenttermination.