Common use of Roof Equipment Clause in Contracts

Roof Equipment. 46.01. Subject to Landlord's prior approval, not to be unreasonably withheld or delayed, Tenant shall have the right, subject to and in accordance with the provisions of this Article 46, to use a portion of the roof of Plaza III as designated on Exhibit J attached hereto and made a part hereof consisting of approximately 20' x 28' to install, maintain and operate, at its sole cost and expense, a back-up generator and day tank (the "Roof Equipment"). Tenant shall furnish detailed plans and specifications for the Roof Equipment (or any modification thereof) to Landlord for its approval. Tenant's use of the rooftop of Plaza III shall be a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person for any use including without limitation installation of communication equipment or other generators or tanks. Tenant shall use its reasonable efforts to insure that its use of the rooftop does not impair such other person's data transmission and reception via its respective communication equipment. If Tenant's construction, installation, maintenance, repair, operation or use of the Roof Equipment shall interfere with the rights of Landlord (including, without limitation, Landlord's right to use the remainder of the roof) or other tenants in the Building, Tenant shall cooperate with Landlord or such other tenants in eliminating such interference; provided, however, the cost of remedying such interference shall be borne by the party which is suffering such interference, unless such party was using the affected equipment prior to the use of the Roof Equipment by Tenant, in which case the cost of remedying such interference shall be borne by Tenant. Tenant shall secure and keep in full force and effect, from and after the time Tenant begins construction and installation of the Roof Equipment, such supplementary insurance with respect to the Roof Equipment as Landlord may reasonably require. Tenant shall pay any additional or increased insurance premiums incurred by Landlord with respect to the Roof Equipment.

Roof Equipment. 46.01. Subject to Landlord's prior approval, not to be unreasonably withheld or delayed, 48.01 Tenant shall have the right, subject to and in accordance with the provisions of this Article 4648, to use a portion of the roof of Plaza III II as designated on Exhibit J K attached hereto and made a part hereof consisting of approximately 20' x 28' 1600 square feet to install, maintain and operate, at its sole cost and expense, a two (2) back-up generator generators and day tank tanks and satellite dishes (subject to Landlord's reasonable approval of such satellite dishes) (the "Roof Equipment"). Tenant shall furnish detailed plans and specifications for the Roof Equipment (or any modification thereof) to Landlord for its approvalapproval in accordance with the provisions of Article 6 of this Lease. Tenant's use of the rooftop of Plaza III II shall be a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person for any use including without limitation installation of communication equipment or other generators or tanks. Tenant shall use its reasonable efforts to insure that its use of the rooftop does not impair such other person's data transmission and reception via its respective communication equipment. If Tenant's construction, installation, maintenance, repair, operation or use of the Roof Equipment shall interfere with the rights of Landlord (including, without limitation, Landlord's right to use the remainder of the roof) or other tenants in the Building, Tenant shall cooperate with Landlord or such other tenants in eliminating such interference; provided, however, the cost of remedying such interference shall be borne by the party which is suffering such interference, unless such party was using the affected equipment prior to the use of the Roof Equipment by Tenant, in which case the cost of remedying such interference shall be borne by Tenant. Tenant shall secure and keep in full force and effect, from and after the time Tenant begins construction and installation of the Roof Equipment, such supplementary insurance with respect to the Roof Equipment as Landlord may reasonably require. Tenant shall pay any additional or increased insurance premiums incurred by Landlord with respect to the Roof Equipment.

Roof Equipment. 46.01. (a) Subject to Landlord's ’s prior approval, not to be unreasonably withheld or delayed, Tenant shall have the right, subject to and in accordance with the provisions of this Article 46Section 9.19, to use a the portion of the roof of Plaza III the Building substantially as designated shown hatched on Exhibit J attached hereto and made a part hereof consisting of approximately 20' x 28' H to install, maintain and operate, at its sole cost and expense, a back-up generator and day tank communication equipment (collectively, the "“Roof Equipment"”). Tenant shall pay to Landlord, as Additional Charges, a fee for the use of such portion of the roof of the Building at the rate charged by Landlord therefor from time to time, which rate shall be commercially reasonable for similarly situated first class commercial buildings located in midtown Manhattan. Tenant shall furnish detailed plans and specifications for the Roof Equipment (or any modification thereof) to Landlord for its approval. Tenant's ’s use of the rooftop of Plaza III the Building shall be a non-exclusive use and Landlord may permit the use of any other portion of the roof to any other person for any use including without limitation installation of other communication equipment or other generators or tanksprovided that the same does not materially and adversely affect Tenant’s use of the Roof Equipment. Tenant shall use its reasonable efforts to insure that its use of the rooftop does not impair such other person's ’s data transmission and reception via its respective communication equipment. If Tenant's ’s construction, installation, maintenance, repair, operation or use of the Roof Equipment shall interfere with the rights of Landlord (including, without limitation, Landlord's ’s right to use the remainder of the roof) or other tenants in the Building, Tenant shall reasonably cooperate with Landlord or such other tenants in eliminating such interference; provided, however, the cost of remedying such interference shall be borne by the party which is suffering such interference, unless such party was using the affected equipment prior to the use of the Roof Equipment by Tenant, in which case the cost of remedying such interference shall be borne by Tenant; and provided, further that such remedy shall not materially and adversely affect Tenant’s use of the Roof Equipment. Tenant shall secure and keep in full force and effect, from and after the time Tenant begins construction and installation of the Roof Equipment, such supplementary insurance with respect to the Roof Equipment as Landlord may reasonably require. Tenant shall pay any additional or increased insurance premiums incurred by Landlord with respect to the Roof Equipment.