Common use of Relocation of Rooftop Equipment Clause in Contracts

Relocation of Rooftop Equipment. Based solely on Landlord’s good faith determination that such a relocation is necessary for the use of the upper penthouse roof for retail and restaurant tenants of the Building, Landlord reserves the right to cause Tenant to relocate any (x) Rooftop Equipment or (y) any other pipes, ducts, conduits, wires and appurtenant fixtures, in each case to the extent necessary for use of, and access to, the lower penthouse roof to comparably functional space on the roof, penthouse, or Premises, as applicable (which space shall be subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed) by giving Tenant prior notice of such intention to relocate. If within thirty (30) days after receipt of such notice Tenant has not agreed with Landlord on the space to which such equipment is to be relocated, the timing of such relocation, and the terms of such relocation, then the parties may arbitrate the dispute in accordance with the process set forth in Section 11.03 above. Landlord agrees to pay the reasonable cost of moving such equipment to such other space, taking such other steps necessary to ensure comparable functionality of equipment, and finishing such space to a condition comparable to the then condition of the current location of such equipment. Tenant shall arrange for the relocation of the affected equipment within sixty (60) days after a comparable space is agreed upon or selected by Landlord. Any actions by Landlord in connection with a relocation under this Section 11.04 shall be performed in a manner designed to minimize interference with Tenant’s business.

Relocation of Rooftop Equipment. Based solely on Landlord’s good faith determination that such a relocation is necessary for the use of the upper penthouse roof for retail and restaurant tenants of the Buildingnecessary, Landlord reserves the right to cause Tenant to relocate any (x) Rooftop Equipment or (y) any other pipes, ducts, conduits, wires and appurtenant fixtures, in each case to located on the extent necessary for use of, and access to, the lower penthouse roof to comparably functional space on the roof, penthouse, or Premises, as applicable (which space shall be subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed) roof by giving Tenant prior notice of such intention to relocate. If If, within thirty (30) days after receipt of such notice notice, Tenant has not agreed with Landlord on the space to which such equipment Rooftop Equipment is to be relocated, the timing of such relocation, and the terms of such relocation, and such relocation is necessary as determined by Landlord in good faith, then Landlord shall have the parties may arbitrate right to make all such determinations in its reasonable judgment, so long as the dispute relocation does not result in accordance unreasonable interference with the process set forth in Section 11.03 abovefunctioning of Tenant’s Rooftop Equipment. Landlord agrees to pay the reasonable out of pocket cost of moving such equipment Rooftop Equipment to such other spacespace (which costs shall be paid in the form of a rent credit or a cash payment, at Landlord’s election, made within thirty (30) days of Tenant’s invoice containing reasonable back-up evidencing such costs), taking such other steps necessary to ensure comparable functionality of equipmentRooftop Equipment, and finishing such space to a condition comparable to the then condition of the current location of such equipmentRooftop Equipment. Tenant shall arrange for the relocation of the affected equipment Rooftop Equipment within sixty (60) days after a comparable space is agreed upon or selected by Landlord, as the case may be. Any actions by In the event Tenant fails to arrange for said relocation within the sixty (60) day period, Landlord in connection with a shall have the right to arrange for the relocation under this Section 11.04 of Rooftop Equipment at Landlord’s expense, all of which shall be performed in a manner designed to minimize interference with Tenant’s business.

Relocation of Rooftop Equipment. Based solely on Landlord’s good faith determination that such a relocation is necessary for the use of the upper penthouse roof for retail and restaurant tenants of the Buildingnecessary, Landlord reserves the right to cause Tenant to relocate any (x) Rooftop Equipment or (y) any other pipes, ducts, conduits, wires and appurtenant fixtures, in each case to located on the extent necessary for use of, and access to, the lower penthouse roof to comparably functional (i.e., similar in size and utility) space on the roof, penthouse, or Premises, as applicable (which space shall be subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed) roof by giving Tenant thirty (30) days’ prior notice of such intention to relocate, which comparably functional space shall then become the Rooftop Installation Area. If within thirty (30) days after receipt of such notice Tenant has not agreed with Landlord on the space to which such equipment Rooftop Equipment is to be relocated, the timing of such relocation, and the terms of such relocation, then Landlord shall have the parties may arbitrate the dispute right to make all such determinations in accordance with the process set forth in Section 11.03 aboveits reasonable judgment. Landlord agrees to shall pay the reasonable cost of moving such equipment Rooftop Equipment to such other space, taking such other steps necessary to ensure comparable functionality of equipmentRooftop Equipment, and finishing such space to a condition comparable to the then condition of the current location of such equipmentRooftop Equipment. Such payment by Landlord shall not constitute an Operating Expense under this Lease. Tenant shall arrange for the relocation of the affected equipment Rooftop Equipment within sixty (60) days after a comparable space is agreed upon or selected by Landlord, as the case may be. Any actions by In the event Tenant fails to arrange for said relocation within the sixty-(60)-day period, Landlord in connection with a shall have the right to arrange for the relocation under this Section 11.04 of Rooftop Equipment at Landlord’s expense, all of which shall be performed in a manner designed to minimize interference with Tenant’s business.

Relocation of Rooftop Equipment. Based solely on Landlord’s good faith determination that such a relocation is necessary for the use of the upper penthouse roof for retail and restaurant tenants of the Building, Landlord reserves the right to cause Tenant to relocate any (x) Rooftop Equipment or (y) any other pipes, ducts, conduits, wires and appurtenant fixtures, in each case to the extent necessary for use of, and access to, the lower penthouse roof to comparably functional space on the roof, penthouse, or Premises, as applicable (which space shall be subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed) by giving Tenant prior notice of such intention to relocate. If within thirty (30) days after receipt of such notice Tenant has not agreed with Landlord on the space to which such equipment is to be relocated, the timing of such relocation, and the terms of such relocation, then the parties may arbitrate the dispute in accordance with the process set forth Information redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been separately filed with the Commission. in Section 11.03 above. Landlord agrees to pay the reasonable cost of moving such equipment to such other space, taking such other steps necessary to ensure comparable functionality of equipment, and finishing such space to a condition comparable to the then condition of the current location of such equipment. Tenant shall arrange for the relocation of the affected equipment within sixty (60) days after a comparable space is agreed upon or selected by Landlord. Any actions by Landlord in connection with a relocation under this Section 11.04 shall be performed in a manner designed to minimize interference with Tenant’s business.

Relocation of Rooftop Equipment. Based solely on Landlord’s good faith determination that such a relocation is necessary for the use of the upper penthouse roof for retail and restaurant tenants of the Buildingnecessary, Landlord reserves the right to cause Tenant to relocate any (x) Rooftop Equipment or (y) any other pipes, ducts, conduits, wires and appurtenant fixtures, in each case to located on the extent necessary for use of, and access to, the lower penthouse roof to comparably functional space on the roof, penthouse, or Premises, as applicable (which space shall be subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed) roof by giving Tenant prior notice of such intention to relocate. If If, within thirty (30) days after receipt of such notice notice, Tenant has not agreed with Landlord on the space to which such equipment Rooftop Equipment is to be relocated, the timing of such relocation, and the terms of such relocation, then Landlord shall have the parties may arbitrate the dispute right to make all such determinations in accordance with the process set forth in Section 11.03 aboveits reasonable judgment. Landlord agrees to pay the reasonable out of pocket cost of moving such equipment Rooftop Equipment to such other spacespace (which costs shall be paid in the form of a rent credit or a cash payment, at Landlord’s election, made within thirty (30) days of Tenant’s invoice containing reasonable back-up evidencing such costs), taking such other steps necessary to ensure comparable functionality of equipmentRooftop Equipment, and finishing such space to a condition comparable to the then condition of the current location of such equipmentRooftop Equipment. Tenant shall arrange for the relocation of the affected equipment Rooftop Equipment within sixty (60) days after a comparable space is agreed upon or selected by Landlord, as the case may be. Any actions by In the event Tenant fails to arrange for said relocation within the sixty (60) day period, Landlord in connection with a shall have the right to arrange for the relocation under this Section 11.04 of Rooftop Equipment at Landlord’s expense, all of which shall be performed in a manner designed to minimize interference with Tenant’s business.

Relocation of Rooftop Equipment. Based solely on Landlord’s good faith determination that such a relocation is necessary for the use of the upper penthouse roof for retail and restaurant tenants of the Building, Landlord reserves the right to cause Tenant to relocate any (x) Rooftop Equipment or (y) any other pipes, ducts, conduits, wires and appurtenant fixtures, in each case to the extent necessary for use of, and access to, the lower penthouse roof to comparably functional space on the roof, penthouse, or Premises, as applicable (which space shall be subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed) by giving Tenant prior notice of such intention to relocate. If within thirty (30) days after receipt of such notice Tenant has not agreed with Landlord on the space to which such equipment is to be relocated, the timing of such relocation, and the terms of such Information redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been separately filed with the Commission. relocation, then the parties may arbitrate the dispute in accordance with the process set forth in Section 11.03 above. Landlord agrees to pay the reasonable cost of moving such equipment to such other space, taking such other steps necessary to ensure comparable functionality of equipment, and finishing such space to a condition comparable to the then condition of the current location of such equipment. Tenant shall arrange for the relocation of the affected equipment within sixty (60) days after a comparable space is agreed upon or selected by Landlord. Any actions by Landlord in connection with a relocation under this Section 11.04 shall be performed in a manner designed to minimize interference with Tenant’s business.