Fiber Optic. Conduit In addition to the Premises, and in accordance with the terms and conditions contained in that letter agreement between Tenant and Landlord dated March 25, 1997 attached hereto as Exhibit D, during the Term of this Lease and any extensions thereof, Tenant shall have access to space as described hereafter located in the Building for the sole purpose of installing 1” fiber cable conduits starting from the 16th floor of the Building to the building commonly referred to as the 510 Building. Installation of the conduit space shall be performed by ▇▇▇▇ Electric and shall be installed in the area as is generally shown on Exhibit C attached hereto (“Conduit Space”). Prior to commencing work, Tenant shall provide Landlord with approval from the existing owners of the 510 Building to install the conduit through their delivery facility and into their building. Tenant shall install the conduit in a proper, lawful and workmanlike manner, without causing damage to the Premises and/or the Building. No such installation shall interfere with or damage the mechanical or electrical systems or the structure of the Building. The conduit shall be installed at Tenant’s sole cost and expense and shall be removed upon expiration of the Lease Term. Prior to the conduit installation, Tenant shall ensure that such installation complies with any requirements of any governmental or quasi-governmental authority having jurisdiction and with the requirements of Landlord’s insurance carriers. Installation of the conduit shall also be subject to Landlord’s prior written consent. Tenant shall be responsible for the payment of any Landlord costs or expenses incurred by Landlord relating to review of any plans or specifications, the installation, maintenance or removal of the conduit. All maintenance, repair and replacement of the conduit shall be performed by Tenant at such times and in such manner as are reasonably acceptable to Landlord at Tenant’s expense. Landlord shall have no responsibility for the proper maintenance, repair and function of the conduit. Notwithstanding anything contained in the Lease, Tenant shall indemnify and hold Landlord harmless from all liability (including consequential damages) claims, damages (including court costs and reasonable attorney fees) actions or causes of actions arising from installation, maintenance and removal of the conduit which is not otherwise the result of Landlord’s, its employee’s agents, contractors, subcontractor’s negligence or willful misconduct including the failure of Tenant, its employees, agents, contractors or subcontractors to observe or enforce any installation and removal procedures described herein. Except as otherwise provided all other terms and conditions contained in the Lease shall apply to the “Conduit Space”. Exhibit D Page 1 of 3 March 25, 1997 Delivered by Messenger ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Inc. ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ RE: Fiber Cable Conduit to 510 Building Dear ▇▇▇▇▇▇▇, We have reviewed your request for our approval to run a 1” fiber cable conduit from the ▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Plaza to the 510 Building. Due to the complexity of the conduit route and connection to another building, we will need an Amendment to your Lease. To avoid any delay however, this letter will serve as our approval subject to the execution of an Amendment which will include but not be limited to the following: 1. The 510 Conduit route will be as outlined in the memo from ▇▇▇ ▇▇▇▇▇▇▇ of US Premise to ▇▇▇▇ ▇▇▇▇▇▇▇ dated March 5, 1997. 2. All work for the installation of the 510 Conduit will be performed by ▇▇▇▇ Electric at your cost. 3. Pursuant to Section 6.09, Landlord shall not be responsible for failure to meet the performance standards in the Premises resulting from the installation of the 510 Conduit. 4. Pursuant to Article 7. (a) Section.7.03 shall apply to the installation of the 510 Conduit. (b) Tenant shall ensure that it complies with Section 7.04, and installations of the 510 Conduit shall not materially interfere with or damage the mechanical, electrical systems or structure of the Building. (c) Pursuant to Section 7.05, Tenant shall indemnify and hold Landlord harmless against any claim, loss, cost, damage, and legal expense arising from the installation of the 510 Conduit. ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ March 25, 1997 Page Two (d) Pursuant to Section 7.06, Tenant shall pay all utility bills relating to the 510 Conduit (if any). 5. Pursuant to Section 9.02, Tenant shall be responsible for the insurance of the 510 Conduit. 6. Pursuant to Section 10.01, Tenant shall be required to indemnify and hold Landlord harmless, for any action, cause of action, damage, loss, or expense incurred by Landlord which arises from the 510 Conduit. 7. Pursuant to Section 12.02, Tenant shall be responsible for removing the 510 Conduit at the end of the Term. 8. Landlord shall be held harmless and shall not be responsible for any damages, costs or expenses to the 510 Conduit and/or which arise from Landlord’s interruption of the service to the 510 Conduit. If Landlord has prior notice of any pending interruption of utilities serving the 510 Conduit, Landlord will provide notice to Tenant prior to discontinuance of the services. Landlord shall have access to the 510 Conduit where necessary to operate, maintain, repair and replace any systems, facilities and equipment necessary for the proper operation of the Building or to maintain and repair the foundations or structural, electrical and mechanical components of the Building or to repair damage to the Building pursuant to Section 6.04 of the Lease. 9. In the event of a taking of a portion of the Building or casualty to the Building, where such taking or casualty interferes with the use, operation or access to the 510 Conduit, Landlord shall have no obligation to repair or replace the 510 Conduit nor does Landlord guarantee Tenant the right to repair or install a replacement conduit. In such an event, Landlord reserves the right to terminate Tenant’s right to access, repair or replace the 510 Conduit and Tenant shall be responsible for removing the 510 Conduit as described in paragraph 7 above. 10. Tenant shall be responsible for the payment of any Landlord costs or expenses incurred by Landlord relating to the review of any plans or specifications, the installation, maintenance, or removal of the 510 Conduit. ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ March 25, 1997 Page Three 11. Tenant shall provide Landlord with approval from the existing owners of the 510 Building to install the 510 Conduit through their delivery facility and into their building.
Appears in 1 contract
Sources: Lease of Office Space (KBS Real Estate Investment Trust III, Inc.)
Fiber Optic. Conduit In addition to the Premises, and in accordance with the terms and conditions contained in that letter agreement between Tenant and Landlord dated March 25, 1997 attached hereto as Exhibit D, during the Term of this Lease and any extensions thereof, Tenant shall have access the right to space as described hereafter located select an alternative telecom provider for its data and telecom connectivity in the Building for the sole purpose of installing 1” fiber cable conduits starting from the 16th floor of the Building to the building commonly referred to as the 510 Building. Installation of the conduit space shall be performed by ▇▇▇▇ Electric and shall be installed in the area as is generally shown on Exhibit C attached hereto ; provided that (“Conduit Space”). Prior to commencing work, Tenant shall provide Landlord with approval from the existing owners of the 510 Building to install the conduit through their delivery facility and i) such telecom provider enters into their building. Tenant shall install the conduit in a proper, lawful and workmanlike manner, without causing damage to the Premises and/or the Building. No such installation shall interfere with or damage the mechanical or electrical systems or the structure of the Building. The conduit shall be installed at Tenant’s sole cost and expense and shall be removed upon expiration of the Lease Term. Prior to the conduit installation, Tenant shall ensure that such installation complies with any requirements of any governmental or quasi-governmental authority having jurisdiction and license agreement with the requirements of Landlord’s insurance carriers. Installation of the conduit Landlord which license agreement shall also be subject to Landlord’s prior written consentapproval, (ii) Tenant assumes all costs and expenses related to the license agreement, including, without limitation, the costs of installation of fiber and electrical feeds, including chases and conduits in the risers in the Building (collectively, the “Cabling”), and (iii) the telecom provider’s use will not interfere with or adversely impact the Building or the use or occupancy of office space leased by any tenant of the Building. Together with Tenant's request for a new telecom provider, Tenant shall be responsible for the payment of any submit to Landlord costs or expenses incurred by Landlord relating to review of any plans or specifications, the installation, maintenance or removal of the conduit. All maintenance, repair and replacement of the conduit shall be performed by Tenant at such times and in such manner as are reasonably evidence acceptable to Landlord at Tenant’s expense. Landlord shall have no responsibility for the proper maintenance, repair and function of the conduit. Notwithstanding anything contained in the Lease, Tenant shall indemnify and hold Landlord harmless from all liability (including consequential damages) claims, damages (including court costs and reasonable attorney fees) actions or causes of actions arising from installation, maintenance and removal of the conduit which is not otherwise the result of Landlord’s, its employee’s agents, contractors, subcontractor’s negligence or willful misconduct including the failure of Tenant, its employees, agents, contractors or subcontractors to observe or enforce any installation and removal procedures described herein. Except as otherwise provided all other terms and conditions contained in the Lease shall apply to the “Conduit Space”. Exhibit D Page 1 of 3 March 25, 1997 Delivered by Messenger ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Inc. ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ RE: Fiber Cable Conduit to 510 Building Dear ▇▇▇▇▇▇▇, We have reviewed your request for our approval to run a 1” fiber cable conduit from the ▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Plaza to the 510 Building. Due to the complexity of the conduit route and connection to another building, we will need an Amendment to your Lease. To avoid any delay however, this letter will serve as our approval subject to the execution of an Amendment which will include but not be limited to the following:
1. The 510 Conduit route will be as outlined in the memo from ▇▇▇ ▇▇▇▇▇▇▇ of US Premise to ▇▇▇▇ ▇▇▇▇▇▇▇ dated March 5, 1997.
2. All work for sole discretion that the installation of the 510 Conduit Cabling by the telecom provider is in compliance with all applicable laws and will be performed by ▇▇▇▇ Electric at your cost.
3. Pursuant to Section 6.09, Landlord shall not be responsible for failure to meet impede the performance standards in the Premises resulting from the installation of the 510 Conduit.
4. Pursuant to Article 7.
(a) Section.7.03 shall apply to the installation of the 510 Conduit.
(b) Tenant shall ensure that it complies with Section 7.04, and installations of the 510 Conduit shall not materially interfere with or damage the mechanical, electrical systems or structure of the Building.
(c) Pursuant to Section 7.05, Tenant shall indemnify and hold Landlord harmless against any claim, loss, cost, damage, and legal expense arising from the installation of the 510 Conduit. ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ March 25, 1997 Page Two
(d) Pursuant to Section 7.06, Tenant shall pay all utility bills relating to the 510 Conduit (if any).
5. Pursuant to Section 9.02, Tenant shall be responsible for the insurance of the 510 Conduit.
6. Pursuant to Section 10.01, Tenant shall be required to indemnify and hold Landlord harmless, for any action, cause of action, damage, loss, or expense incurred by Landlord which arises from the 510 Conduit.
7. Pursuant to Section 12.02, Tenant shall be responsible for removing the 510 Conduit at the end of the Term.
8. Landlord shall be held harmless and shall not be responsible for any damages, costs or expenses to the 510 Conduit and/or which arise from Landlord’s interruption of the service to the 510 Conduit. If Landlord has prior notice of any pending interruption of utilities serving the 510 Conduit, Landlord will provide notice to Tenant prior to discontinuance of the services. Landlord shall have access to the 510 Conduit where necessary to operate, maintain, repair and replace any systems, facilities and equipment necessary for the proper operation of the Building or its systems in any material respect and if so as to maintain the latter, that Tenant will be responsible to correct and repair remediate such impediment at it sole cost and expense as a condition precedent to such approval by Landlord. Without limiting the foundations or structural, electrical and mechanical components generality of the Building foregoing, Tenant shall not commence or allow the telecom provider to repair damage to the Building pursuant to Section 6.04 commence any installation or operation of the Lease.
9Cabling until the proposed location of and specifications for the Cabling have been approved in writing by Landlord. In the event of a taking of a portion of the Building or casualty to the Building, where such taking or casualty interferes with the use, operation or access to the 510 Conduit, Landlord shall have no obligation to repair design, install, construct, use, operate, maintain, repair, replace or replace remove the 510 Conduit nor does Landlord guarantee Tenant Cabling or to have any other responsibility or liability in connection therewith or the right to repair or install a replacement conduitoperations thereof. In such an event, Landlord reserves The use of the right to terminate Tenant’s right to access, repair or replace Cabling and all areas outside the 510 Conduit and Tenant Premises shall be responsible subject to all terms and conditions of the Lease as if within the Premises, including, without limitation, insurance and indemnification obligations in this Lease. Landlord shall not be liable for removing any loss or damage suffered by Tenant or others because of any interruption in or failure of utilities, including electrical power, to the 510 Conduit as described in paragraph 7 above.
10Cabling. Tenant acknowledges and agrees that it shall be responsible accept the areas in which Tenant installs its Cabling and piping in their “As Is” condition. Landlord makes no representation respecting the condition of these areas or their suitability for the payment of any Landlord costs or expenses incurred by Landlord relating to the review of any plans or specifications, the installation, maintenance, or removal operation and installation of the 510 Conduit. ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ March 25, 1997 Page Three
11. Tenant shall provide Landlord with approval from the existing owners of the 510 Building to install the 510 Conduit through their delivery facility and into their buildingCabling.
Appears in 1 contract
Fiber Optic. Conduit In addition to the Premises, and in accordance with the terms and conditions contained in that letter agreement between Tenant and Landlord dated March 25, 1997 attached hereto as Exhibit D, during the Term of this Lease and any extensions thereof, Tenant shall have access to space as described hereafter located in the Building for the sole purpose of installing 1” 1If fiber cable conduits starting from the 16th floor of the Building to the building commonly referred to as the 510 BuildingBuilding . Installation of the conduit space shall be performed by ▇▇▇▇ Electric and shall be installed in the area as is generally shown on Exhibit C attached hereto (“Conduit Space”). Prior to commencing work, Tenant shall provide Landlord with approval from the existing owners of the 510 Building to install the conduit through their delivery facility and into their building. Tenant shall install the conduit in a proper, lawful and workmanlike manner, without causing damage to the Premises and/or the Building. No such installation shall interfere with or damage the mechanical or electrical systems or the structure of the Building. The conduit shall be installed at Tenant’s sole cost and expense and shall be removed upon expiration of the Lease Term. Prior to the conduit installation, Tenant shall ensure that such installation complies with any requirements of any governmental or quasi-governmental authority having jurisdiction and with the requirements of Landlord’s insurance carriers. Installation of the conduit shall also be subject to Landlord’s prior written consent. Tenant shall be responsible for the payment of any Landlord costs or expenses incurred by Landlord relating to review of any plans or specifications, the installation, maintenance or removal of the conduit. All maintenance, repair and replacement of the conduit shall be performed by Tenant at such times and in such manner as are reasonably acceptable to Landlord at Tenant’s expense. Landlord shall have no responsibility for the proper maintenance, repair and function of the conduit. Notwithstanding anything contained in the Lease, Tenant shall indemnify and hold Landlord harmless from all liability (including consequential damages) claims, damages (including court costs and reasonable attorney fees) actions or causes of actions arising from installationinstallation , maintenance and removal of the conduit which is not otherwise the result of Landlord’s, its employee’s agents, contractors, subcontractor’s negligence or willful misconduct including the failure of Tenant, its employees, agents, contractors or subcontractors to observe or enforce any installation and removal procedures described herein. Except as otherwise provided all other terms and conditions contained in the Lease shall apply to the “Conduit Space”. Exhibit D Page 1 of 3 March 25, 1997 Delivered by Messenger ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Inc. ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ RE: Fiber Cable Conduit to 510 Building Dear ▇▇▇▇▇▇▇, We have reviewed your request for our approval to run a 1” fiber cable conduit from the ▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Plaza to the 510 Building. Due to the complexity of the conduit route and connection to another building, we will need an Amendment to your Lease. To avoid any delay however, this letter will serve as our approval subject to the execution of an Amendment which will include but not be limited to the following:
1. The 510 Conduit route will be as outlined in the memo from ▇▇▇ ▇▇▇▇▇▇▇ of US Premise to ▇▇▇▇ ▇▇▇▇▇▇▇ dated March 5, 1997.
2. All work for the installation of the 510 Conduit will be performed by ▇▇▇▇ Electric at your cost.
3. Pursuant to Section 6.09, Landlord shall not be responsible for failure to meet the performance standards in the Premises resulting from the installation of the 510 Conduit.
4. Pursuant to Article 7.
(a) Section.7.03 shall apply to the installation of the 510 Conduit.
(b) Tenant shall ensure that it complies with Section 7.04, and installations of the 510 Conduit shall not materially interfere with or damage the mechanical, electrical systems or structure of the Building.
(c) Pursuant to Section 7.05, Tenant shall indemnify and hold Landlord harmless against any claim, loss, cost, damage, and legal expense arising from the installation of the 510 Conduit. ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ March 25, 1997 Page Two
(d) Pursuant to Section 7.06, Tenant shall pay all utility bills relating to the 510 Conduit (if any).
5. Pursuant to Section 9.02, Tenant shall be responsible for the insurance of the 510 Conduit.
6. Pursuant to Section 10.01, Tenant shall be required to indemnify and hold Landlord harmless, for any action, cause of action, damage, loss, or expense incurred by Landlord which arises from the 510 Conduit.
7. Pursuant to Section 12.02, Tenant shall be responsible for removing the 510 Conduit at the end of the Term.
8. Landlord shall be held harmless and shall not be responsible for any damages, costs or expenses to the 510 Conduit and/or which arise from Landlord’s interruption of the service to the 510 Conduit. If Landlord has prior notice of any pending interruption of utilities serving the 510 Conduit, Landlord will provide notice to Tenant prior to discontinuance of the services. Landlord shall have access to the 510 Conduit where necessary to operate, maintain, repair and replace any systems, facilities and equipment necessary for the proper operation of the Building or to maintain and repair the foundations or structural, electrical and mechanical components of the Building or to repair damage to the Building pursuant to Section 6.04 of the Lease.
9. In the event of a taking of a portion of the Building or casualty to the Building, where such taking or casualty interferes with the use, operation or access to the 510 Conduit, Landlord shall have no obligation to repair or replace the 510 Conduit nor does Landlord guarantee Tenant the right to repair or install a replacement conduit. In such an event, Landlord reserves the right to terminate Tenant’s right to access, repair or replace the 510 Conduit and Tenant shall be responsible for removing the 510 Conduit as described in paragraph 7 above.
10. Tenant shall be responsible for the payment of any Landlord costs or expenses incurred by Landlord relating to the review of any plans or specifications, the installation, maintenance, or removal of the 510 Conduit. ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ March 25, 1997 Page Three
11. Tenant shall provide Landlord with approval from the existing owners of the 510 Building to install the 510 Conduit through their delivery facility and into their building.
Appears in 1 contract
Sources: Lease of Office Space (KBS Real Estate Investment Trust III, Inc.)
Fiber Optic. Conduit In addition to the Premises, and in accordance with the terms and conditions contained in that letter agreement between Tenant and Landlord dated March 25, 1997 attached hereto as Exhibit D, during the Term of this Lease and any extensions thereof, Tenant shall have access the right to space as described hereafter located select an alternative telecom provider for its data and telecom connectivity in the Building for the sole purpose of installing 1” fiber cable conduits starting from the 16th floor of the Building to the building commonly referred to as the 510 Building. Installation of the conduit space shall be performed by ▇▇▇▇ Electric and shall be installed in the area as is generally shown on Exhibit C attached hereto ; provided that (“Conduit Space”). Prior to commencing work, Tenant shall provide Landlord with approval from the existing owners of the 510 Building to install the conduit through their delivery facility and i) such telecom provider enters into their building. Tenant shall install the conduit in a proper, lawful and workmanlike manner, without causing damage to the Premises and/or the Building. No such installation shall interfere with or damage the mechanical or electrical systems or the structure of the Building. The conduit shall be installed at Tenant’s sole cost and expense and shall be removed upon expiration of the Lease Term. Prior to the conduit installation, Tenant shall ensure that such installation complies with any requirements of any governmental or quasi-governmental authority having jurisdiction and license agreement with the requirements of Landlord’s insurance carriers. Installation of the conduit Landlord which license agreement shall also be subject to Landlord’s prior written consentapproval, (ii) Tenant assumes all costs and expenses related to the license agreement, including, without limitation, the costs of installation of fiber and electrical feeds, including chases and conduits in the risers in the Building (collectively, the “Cabling”), and (iii) the telecom provider’s use will not interfere with or adversely impact the Building or the use or occupancy of office space leased by any tenant of the Building. Together with Tenant’s request for a new telecom provider, Tenant shall be responsible for the payment of any submit to Landlord costs or expenses incurred by Landlord relating to review of any plans or specifications, the installation, maintenance or removal of the conduit. All maintenance, repair and replacement of the conduit shall be performed by Tenant at such times and in such manner as are reasonably evidence acceptable to Landlord at Tenant’s expense. Landlord shall have no responsibility for the proper maintenance, repair and function of the conduit. Notwithstanding anything contained in the Lease, Tenant shall indemnify and hold Landlord harmless from all liability (including consequential damages) claims, damages (including court costs and reasonable attorney fees) actions or causes of actions arising from installation, maintenance and removal of the conduit which is not otherwise the result of Landlord’s, its employee’s agents, contractors, subcontractor’s negligence or willful misconduct including the failure of Tenant, its employees, agents, contractors or subcontractors to observe or enforce any installation and removal procedures described herein. Except as otherwise provided all other terms and conditions contained in the Lease shall apply to the “Conduit Space”. Exhibit D Page 1 of 3 March 25, 1997 Delivered by Messenger ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Inc. ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ RE: Fiber Cable Conduit to 510 Building Dear ▇▇▇▇▇▇▇, We have reviewed your request for our approval to run a 1” fiber cable conduit from the ▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Plaza to the 510 Building. Due to the complexity of the conduit route and connection to another building, we will need an Amendment to your Lease. To avoid any delay however, this letter will serve as our approval subject to the execution of an Amendment which will include but not be limited to the following:
1. The 510 Conduit route will be as outlined in the memo from ▇▇▇ ▇▇▇▇▇▇▇ of US Premise to ▇▇▇▇ ▇▇▇▇▇▇▇ dated March 5, 1997.
2. All work for sole discretion that the installation of the 510 Conduit Cabling by the telecom provider is in compliance with all applicable laws and will be performed by ▇▇▇▇ Electric at your cost.
3. Pursuant to Section 6.09, Landlord shall not be responsible for failure to meet impede the performance standards in the Premises resulting from the installation of the 510 Conduit.
4. Pursuant to Article 7.
(a) Section.7.03 shall apply to the installation of the 510 Conduit.
(b) Tenant shall ensure that it complies with Section 7.04, and installations of the 510 Conduit shall not materially interfere with or damage the mechanical, electrical systems or structure of the Building.
(c) Pursuant to Section 7.05, Tenant shall indemnify and hold Landlord harmless against any claim, loss, cost, damage, and legal expense arising from the installation of the 510 Conduit. ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ March 25, 1997 Page Two
(d) Pursuant to Section 7.06, Tenant shall pay all utility bills relating to the 510 Conduit (if any).
5. Pursuant to Section 9.02, Tenant shall be responsible for the insurance of the 510 Conduit.
6. Pursuant to Section 10.01, Tenant shall be required to indemnify and hold Landlord harmless, for any action, cause of action, damage, loss, or expense incurred by Landlord which arises from the 510 Conduit.
7. Pursuant to Section 12.02, Tenant shall be responsible for removing the 510 Conduit at the end of the Term.
8. Landlord shall be held harmless and shall not be responsible for any damages, costs or expenses to the 510 Conduit and/or which arise from Landlord’s interruption of the service to the 510 Conduit. If Landlord has prior notice of any pending interruption of utilities serving the 510 Conduit, Landlord will provide notice to Tenant prior to discontinuance of the services. Landlord shall have access to the 510 Conduit where necessary to operate, maintain, repair and replace any systems, facilities and equipment necessary for the proper operation of the Building or its systems in any material respect and if so as to maintain the latter, that Tenant will be responsible to correct and repair remediate such impediment at it sole cost and expense as a condition precedent to such approval by Landlord. Without limiting the foundations or structural, electrical and mechanical components generality of the Building foregoing, Tenant shall not commence or allow the telecom provider to repair damage to the Building pursuant to Section 6.04 commence any installation or operation of the Lease.
9Cabling until the proposed location of and specifications for the Cabling have been approved in writing by Landlord. In the event of a taking of a portion of the Building or casualty to the Building, where such taking or casualty interferes with the use, operation or access to the 510 Conduit, Landlord shall have no obligation to repair design, install, construct, use, operate, maintain, repair, replace or replace remove the 510 Conduit nor does Landlord guarantee Tenant Cabling or to have any other responsibility or liability in connection therewith or the right to repair or install a replacement conduitoperations thereof. In such an event, Landlord reserves The use of the right to terminate Tenant’s right to access, repair or replace Cabling and all areas outside the 510 Conduit and Tenant Premises shall be responsible subject to all terms and conditions of the Lease as if within the Premises, including, without limitation, insurance and indemnification obligations in this Lease. Landlord shall not be liable for removing any loss or damage suffered by Tenant or others because of any interruption in or failure of utilities, including electrical power, to the 510 Conduit as described in paragraph 7 above.
10Cabling. Tenant acknowledges and agrees that it shall be responsible accept the areas in which Tenant installs its Cabling and piping in their “As ls” condition. Landlord makes no representation respecting the condition of these areas or their suitability for the payment of any Landlord costs or expenses incurred by Landlord relating to the review of any plans or specifications, the installation, maintenance, or removal operation and installation of the 510 Conduit. ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ March 25, 1997 Page Three
11. Tenant shall provide Landlord with approval from the existing owners of the 510 Building to install the 510 Conduit through their delivery facility and into their buildingCabling.
Appears in 1 contract