Common use of Exempt Property Clause in Contracts

Exempt Property. The definition of Property in Section 1.04 shall exclude any advertising structure positioned on the roof of any building, all antennae, satellite dishes and any other communication equipment and all banners or signs promoting the Property; provided, however, such excluded area and structures on the roof shall not interfere with Tenant's installation or use of the rooftop exhaust fans and satellite dishes (subject to the language at the end of this Section) installed for Tenant's use at the locations shown on the Tenant's Space Plan that is approved by Landlord. Further excluded from the definition of Property is all internal space designed to house mechanical equipment, conduit, wires, HVAC ducting and hookups with any such systems, including all mechanical run areas and casements, which are currently in use or to be used in the future. Provided that Tenant is not in default under this lease, Tenant shall have the right to install, maintain and repair a satellite dish antenna (the "Antenna") on the Building under and subject to the following conditions: (a) Tenant shall comply with all applicable rules, laws, regulations and restrictions applicable to the Property and shall obtain, and deliver to Landlord written evidence of, any approval(s) required under any recorded covenants or restrictions applicable to the Property. (b) Tenant shall obtain Landlord's prior approval of the location of the Antenna on the Property and of the specifications for the Antenna. If Landlord approves installation of the Antenna on the roof of the Building, T▇▇▇▇▇ agrees to consult with Landlord's roofing contractor prior to installation and strictly to comply with the roofing contractor's recommendations and requirements. Tenant shall pay all costs incurred by Landlord in connection with the Antenna including without limitation all architectural, engineering, contractors' and legal fees. (c) Tenant shall comply with the provisions of Section 6 (Alterations) of this Lease. (d) At least 3 business days prior to installation, Tenant shall notify Landlord of the date and time of the installation. Tenant shall install the Antenna only if Landlord is present with Tenant at the installation. (e) Tenant shall maintain the Antenna in a safe, good and orderly condition. The installation, maintenance, repair and removal of the Antenna shall be performed at Tenant's sole expense in a manner which will not impair the integrity of, damage or adversely affect the warranty applicable to, the roof or any other portion of the Property. (f) No later than the expiration or sooner termination of the Term, at Tenant's sole expense, Tenant shall remove the Antenna and repair any resulting damage. (g) T▇▇▇▇▇'s indemnification of Landlord pursuant to Section 5.05 of this Lease also applies to the Antenna and T▇▇▇▇▇'s use of any portion of the Property therefor. Without limiting the foregoing, Tenant solely shall be responsible for any damages or injury caused by or in any way relating to the Antenna, including, but not limited to, damage or injury caused by reason of the Antenna collapsing or being blown from the roof or any other portion of the Property.