FIBER OPTICS. (a) Subject to Landlord's reasonable approval of final locations and plans and specifications, and Tenant obtaining all necessary permits, licenses, and inspections, and further subject to Paragraph 39 hereof, Landlord shall give Tenant reasonable access to (i) vertical and horizontal shafts, (ii) two (2) separate underground locations from the property line to the exterior of the Building in size sufficient to allow for the installation of ten four inch conduits; (iii) the main telephone vault and electrical services room in the base; and (iv) two separate chase space locations from the exterior of the Building to the Premises in size sufficient to allow for installation of four four inch conduits to enable Tenant to install, operate, maintain, repair and replace fiber optic cable and associated equipment (the "Facilities") in the Building to and from the Leased Premises. Landlord and Tenant agree that Tenant's communication, HVAC, electrical and other various equipment will require Tenant to use Building shafts, risers, chases, utility entrances, equipment rooms, and distribution areas or conduits between the Premises and other parts of the Building (including the roof). Tenant shall be afforded the right to use where available, and/or construct conduits to connect Tenant's equipment. Tenant shall have the right to utilize and/or install four (4)-four inch (4") conduits from the telephone service point of entry to designated areas within the Tenant's Premises. Landlord will cooperate in locating points of entry to provide redundancy of access for telecommunications services and providers to the Building. (b) Following notice to and approval of Landlord, Tenant shall have right of access to the Building and the right to construct, where necessary and at its sole cost and expense, conduit facilities associated with providing public utility telecommunications services to the Leased Premises; provided however, in connection with such right of access for construction, Tenant, its contractors and agents shall not unreasonably interfere with the use and enjoyment of the Building by other tenants of the Building and any such construction shall not adversely impact the aesthetics of the Building. Any damage to the Building, the parking lot or any other common areas of the Building occasioned by such right of access and construction shall be forthwith remedied by Tenant to Landlord's satisfaction. (c) Nothing contained herein shall be construed as granting to Tenant any ownership rights in the Building or to create a partnership or joint venture between Landlord and Tenant. (d) Prior to the commencement of any fiber optic work, Tenant shall, at its cost and expense, prepare and deliver to Landlord working drawings, plans and specifications (the "Plans"), detailing the location and size of the Facilities specifically describing the proposed construction and work. No work shall commence until Landlord has approved the Plans, which approval will not be unreasonably withheld or unduly delayed. Tenant shall: (i) perform such construction in a safe manner consistent with generally accepted construction standards in a good and workmanlike manner, by insured contractors approved by Landlord and on a lien free basis; (ii) perform such construction and work in such a way as to reasonably minimize interference with the operation of the Building; and (iii) obtain, at its sole expense prior to the commencement of any construction and work, necessary federal, state and municipal permits, licenses and approvals and cause any required federal, state and municipal inspections after completion of such construction and work to be made and remedy any deficiencies disclosed by any such inspections. (e) Tenant hereby covenants and agrees: (i) to keep the Equipment Space and the Facilities in good order, repair and condition throughout the term (as hereinafter defined) and promptly and adequately repair all damage to the Building caused by Tenant, other than ordinary wear and tear; (ii) to comply with federal, state and municipal laws, orders, rules and regulations applicable to the Facilities; and (iii) except as contemplated by subsection (d)(ii), not to disrupt, adversely affect or interfere with other providers of services in the Building or with any occupant's use and enjoyment of his leased premises of the common areas of the Building. (f) The Facilities shall be there at the sole risk of Tenant and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof.
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FIBER OPTICS. (a) Subject to Landlord's reasonable approval of final locations and plans and specifications, and Tenant obtaining all necessary permits, licenses, and inspections, and further subject to Paragraph 39 hereof, Landlord shall give Tenant reasonable access to
(i) vertical and horizontal shafts, (ii) two (2) separate underground locations from the property line to the exterior of the Building in size sufficient to allow for the installation of ten four inch conduits; (iii) the main telephone vault and electrical services room in the base; and (iv) two separate chase space locations from the exterior of the Building to the Premises in size sufficient to allow for installation of four four inch conduits to enable Tenant to install, operate, maintain, repair and replace fiber optic cable and associated equipment (the "Facilities") in the Building to and from the Leased Premises. Landlord and Tenant agree that Tenant's communication, HVAC, electrical and other various equipment will require Tenant to use Building shafts, risers, chases, utility entrances, equipment rooms, and distribution areas or conduits between the Premises and other parts of the Building (including the roof). Tenant shall be afforded the right to use where available, and/or construct conduits to connect Tenant's equipment. Tenant shall have the right to utilize and/or install four (4)-four inch (4") conduits from the telephone service point of entry to designated areas within the Tenant's Premises. Landlord will cooperate in locating points of entry to provide redundancy of access for telecommunications services and providers to the Building.
(b) Following notice to and approval of Landlordright, Tenant shall have right of access to the Building and the right to construct, where necessary and at its sole cost and expense, conduit facilities associated with providing public utility telecommunications services to install fiber optics in the Leased Premises; provided however, on the following terms and conditions:
(a) Tenant shall not install any fiber optics in connection with such right the Premises (the "FIBER OPTICS WORK") unless Tenant first submits to Landlord proposed plans for the Fiber Optics Work and obtains Landlord's prior written approval of access for constructionthe plans and the Fiber Optics Work, Tenantincluding without limitation the location and screening of the Fiber Optics Work, its and of all contractors and agents subcontractors who will perform any aspect of the Fiber Optics Work, which approval Landlord shall not unreasonably interfere with the use and enjoyment withhold. The installation of the Building Fiber Optics Work shall be subject to the specifications of Landlord's roofing consultant. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including without limitation a requirement that all work be covered by other tenants a lien and completion bond satisfactory to Landlord and requirements as to the manner, time and contractor for performance of the Building and any such construction shall not adversely impact the aesthetics work. Upon completion of the Building. Any damage to the BuildingFiber Optics Work, the parking lot or any other common areas Tenant shall furnish Landlord a complete set of the Building occasioned by "as built" plans for such right of access and construction shall be forthwith remedied by Tenant to Landlord's satisfactionFiber Optics Work.
(cb) Nothing contained herein All Fiber Optics Work shall be construed as granting to Tenant any ownership rights in the Building or to create a partnership or joint venture between Landlord and Tenant.
(d) Prior to the commencement of any fiber optic work, Tenant shall, at its cost and expense, prepare and deliver to Landlord working drawings, plans and specifications (the "Plans"), detailing the location and size of the Facilities specifically describing the proposed construction and work. No work shall commence until Landlord has approved the Plans, which approval will not be unreasonably withheld or unduly delayed. Tenant shall:
performed: (i) perform such construction in a safe manner consistent accordance with generally accepted construction standards the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner, by insured contractors approved by Landlord and on a lien free basis;
(ii) perform such construction and work in such a way as to reasonably minimize interference with the operation of the Building; and
(iii) obtain, at its sole expense prior to the commencement of any construction and work, necessary federal, state and municipal permits, licenses and approvals and cause any required federal, state and municipal inspections after completion of such construction and work to be made and remedy any deficiencies disclosed by any such inspections.
(e) Tenant hereby covenants and agrees:
(i) to keep the Equipment Space and the Facilities in good order, repair and condition throughout the term (as hereinafter defined) and promptly and adequately repair compliance with all damage to the Building caused by Tenant, other than ordinary wear and tear;
(ii) to comply with federal, state and municipal laws, orders, rules and regulations applicable to of all governmental agencies and authorities including, without limitation, the Facilitiesprovisions of Title III or the Americans with Disabilities Act of 1990; and
(iiiiv) except in such a manner so as contemplated by subsection (d)(ii), not to disrupt, adversely affect or unreasonably interfere with the occupancy of any other providers of services tenant in the Building or with any occupant's use other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and enjoyment of his leased premises operation of the common areas of Building or any other building located within the BuildingProject; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate.
(fc) The Facilities Throughout the performance of the Fiber Optics Work, Tenant shall be there at obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the sole risk provisions of Section 12 of this Lease.
(d) Tenant and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereofmaintain all of the Fiber Optics Work within the Premises.
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Sources: Lease Agreement (Eyeonics Inc)