Common use of Roof Rights Clause in Contracts

Roof Rights. During the Term of the Lease (as it may be extended), Tenant shall have the right (without the payment of rent) to install and maintain, on the roof of the Building, satellite, dishes, television antennas, related receiving equipment, related cable connections and any and all other related equipment (collectively, “Satellite Dish”) required in connection with Tenant’s communications and data transmission network. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). Furthermore, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to both Landlord and Tenant and Tenant shall have secured, at Tenant’s sole cost and expense, the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits to Landlord, prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall be permitted to alter its Satellite Dish in connection with technological upgrades, in accordance with General Condition A. Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any additional rental for that portion of the roof of the Building on which the Satellite Dish and the HVAC Unit shall be located. Furthermore, Tenant shall, at its sole and absolute discretion when it deems it as necessary or appropriate to do so, repair and maintain the Satellite Di sh and the HVAC Unit. Upon the expiration of the Term or the termination of the Lease, Tenant shall remove the Satellite Dish and the HVAC Unit and repair any damage to the roof resulting therefrom.

Appears in 1 contract

Samples: Lease Agreement (Ikos Systems Inc)

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Roof Rights. During the Term of the Lease (as it may be extended), Tenant shall have the right (without the payment of rent) to install and maintain, on the roof of the Building, satellite, dishes, television antennas, related receiving equipment, related cable connections and any and all other related equipment (collectively, “Satellite Dish”) required in connection with Tenant’s communications and data transmission network. In addition to the foregoing, Tenant shallright, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). Furthermore, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to both Landlord and Tenant and Tenant shall have secured, at Tenant’s sole cost and expense, in ----------- connection with the making of the Tenant Improvements or at any time thereafter during the Term, but only upon obtaining the prior written consent thereto of Landlord (which consent of Landlord shall not be unreasonably conditioned, withheld or delayed) after Landlord's review and approval of all governmental authorities detailed plans and all permits required specifications therefor (which approval may be withheld by governmental authorities having jurisdiction over such approvals Landlord, in its sole and permits for absolute discretion), to install on the Satellite Dish and the HVAC Unitroof up to, but not more than, six (6) condenser units at a location, of a size, and shall provide copies of such approvals and permits otherwise in a manner satisfactory to Landlord, prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall also have the right, from time to time, to enter upon the roof, but only after notifying Landlord of the need therefor and obtaining Landlord's prior consent thereto, to maintain and make necessary repairs to such condenser units, all such maintenance and repairs to be permitted made at the sole cost and expense of Tenant. Notwithstanding anything to alter its Satellite Dish the contrary set forth elsewhere in connection with technological upgradesthis Lease, in accordance with General Condition A. (a) all such condenser units shall be placed on the roof centerline, side-to-side, and front-to-back, so as not to be visible from the ground level of the Park, and (b) Tenant shall pay employ, at Tenant's sole cost and expense, a roofer designated by Landlord for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any additional rental for that portion penetrations of the roof of the Building required in connection with the installation of such condenser units. Tenant hereby acknowledges and agrees that Landlord would not have extended the rights set forth in this Section 8 to Tenant but for the agreement on which the Satellite Dish and part of Tenant to use a roofer designated by Landlord for any penetrations of the HVAC Unit shall be locatedroof of the Building required in connection with the installation of such condenser units. Furthermore, Tenant shallacknowledges and agrees that if that for any reason whatsoever Tenant shall utilize a roofer other than one that is designated by Landlord for the making of any penetrations of the roof of the Building in connection with the installation of any such condenser units, then and in any such event, (i) Landlord shall have the right, at its sole option, and absolute discretion when it deems it as necessary at the sole cost and expense of Tenant, to remove and repair any such penetrations of the roof of the Building made by Tenant, and Tenant shall reimburse Landlord for the costs thereof within fifteen (15) days after being billed therefor by Landlord, (ii) an Event of Default shall be deemed to have occurred pursuant to the terms and conditions of this Lease, and (iii) Tenant shall indemnify and hold Landlord harmless from and against any and all costs, losses or appropriate liabilities that Landlord shall suffer or incur at any time thereafter (including, without limitation, at any time after the Expiration Date or the date of any sooner termination of the Term of this Lease) that, but for the penetrations of the roof of the Building made by Tenant in contravention of the terms and conditions of this Section 8, would have been covered by the terms and conditions of any warranty or guaranty with respect to do sothe roof of the Building available to Landlord. Any such condenser units installed by Tenant pursuant to the preceding provisions of this Section 8 shall be deemed to be Alterations governed by the terms and conditions of the Lease. Notwithstanding anything to the contrary set forth elsewhere in this Lease, repair and maintain upon the Satellite Di sh and the HVAC Unit. Upon written request of Landlord made at any time at or prior to the expiration date of the Term or the sooner termination thereof in accordance with this Lease, Tenant, at Tenant's sole cost and expense, shall remove any such condensers installed by Tenant at the expiration date of the Term or the sooner termination thereof in accordance with this Lease. EXHIBIT C --------- RULES AND REGULATIONS --------------------- The following rules and regulations have been formulated for the safety and well-being of all the tenants and become effective upon occupancy. Strict adherence to these rules and regulations is necessary so that each and every tenant will enjoy safe and unannoyed occupancy. Any repeated or continuing violation of these rules and regulations by Tenant after notice from Landlord, shall be sufficient cause for termination of this Lease at the Lease, Tenant shall remove the Satellite Dish and the HVAC Unit and repair any damage to the roof resulting therefromoption of Landlord.

Appears in 1 contract

Samples: Work Agreement (Exodus Communications Inc)

Roof Rights. During the Term of the Lease (as it may be extended), Tenant shall have the right (without the payment of rent) Landlord's permission to install ----------- at Tenant's expense without additional payment to Landlord (except as herein provided) a microwave dish, antenna, and maintainappurtenant communications devices, on the roof of the Building, satellite, dishes, television antennas, related receiving equipment, related cable connections whose specifications and any and all other related equipment (collectively, “Satellite Dish”) required in connection with Tenant’s communications and data transmission network. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). Furthermore, the exact location of any such Satellite Dish or HVAC Unit configuration shall be mutually acceptable reasonably satisfactory to both Landlord and Tenant and Tenant shall have secured, at Tenant’s sole cost and expense, (the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits to Landlord, prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall be permitted to alter its Satellite Dish in connection with technological upgrades, in accordance with General Condition A. Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any additional rental for that "Telecommunications Equipment") on a portion of the roof of the Building in a location and size approved by Landlord and which is to be used by Tenant for its business in the Premises. Tenant's installation shall include access to power and routing of lines to the Premises together with the right to such rooftop access as is required to comply with Tenant's obligations hereunder. Landlord expressly reserves the right to install or permit others to install other Telecommunications Equipment on which the Satellite Dish roof of the Building and shall make reasonable efforts to minimize interference for each such user, provided Landlord makes no warranty, and assumes no responsibility, for the HVAC Unit suitability of the roof for Tenant's use. Tenant shall cooperate with Landlord in seeking to minimize any such interference. Tenant's installation, use, maintenance and removal of the Telecommunications Equipment shall be located. Furthermore, subject to all permits and approvals applicable thereto and Tenant shall, shall secure and maintain the same at its sole cost and absolute discretion when it deems it as necessary expense, holding Landlord harmless from any violation thereof. If reasonably required by Landlord or appropriate to do soif mandated by any law, repair and maintain the Satellite Di sh and the HVAC Unit. Upon the expiration of the Term regulation, ordinance, covenant or the termination of the Leaserestriction, Tenant shall remove erect and maintain appropriate screening for the Satellite Dish Telecommunications Equipment. Tenant's installation, operation, maintenance and removal of the HVAC Unit and repair any damage Telecommunications Equipment shall- be subject to the roof resulting therefromLandlord's inspection and technical review, the reasonable cost of which shall be borne by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Itxc Corp)

Roof Rights. During the Term of the Lease (as it may be extended), Tenant shall have the right (without the payment of rent) to install and maintain, on the roof of the BuildingBuildings, satellite, satellite dishes, television antennas, related receiving equipment, related cable connections and any and all other related equipment (collectively, “Satellite Dish”) required in connection with Tenant’s communications and data transmission network. Tenant shall have the right to use “risers” in the Buildings (and to install additional risers if necessary) as long as there is no adverse effect on the Building Structure or Building Systems. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building Buildings for Tenant’s installation of any additional HVAC equipment required by Tenant and any and all related equipment to accommodate Tenant’s excess any such additional HVAC requirements (collectively, “Supplemental HVAC UnitUnit(s)”), provided that such will not adversely affect the Building Structure and/or Building Systems. Furthermore, the The exact location of any such Satellite Dish or Supplemental HVAC Unit Unit(s) shall be mutually acceptable to both Landlord and Tenant and Tenant shall have secured, at Tenant’s sole cost and expense, secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the Supplemental HVAC UnitUnit(s), and shall provide copies of such approvals and permits to Landlord, prior to commencing any work with respect to such Satellite Dish and the Supplemental HVAC UnitUnit(s). Tenant shall be permitted to alter its Satellite Dish in connection with technological upgrades, in accordance with General Condition A. Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish and the Supplemental HVAC UnitUnit(s), but in no event shall Tenant be obligated to pay Landlord any additional rental for that portion of the roof of the Building Buildings on which the Satellite Dish and the HVAC Unit shall be located. Furthermore, Tenant shall, at its sole and absolute discretion when it deems it as necessary or appropriate to do so, repair and maintain the Satellite Di sh Dish and the Supplemental HVAC UnitUnit(s). Upon the expiration of the Term or the termination of the LeaseTerm, Tenant shall shall, if requested by Landlord, remove the Satellite Dish and the Supplemental HVAC Unit and Unit(s)and repair any damage to the roof resulting therefrom.

Appears in 1 contract

Samples: Lease Agreement (Molina Healthcare Inc)

Roof Rights. During the Term of the Lease (as it may be extended)Tenant, Tenant at its sole cost and expense, shall have the non-exclusive right (without the payment of rentit being understood that Landlord may grant, extend or renew similar rights to others) to install and install, maintain, and from time to time replace satellite dish(s) and or antennae (the “Rooftop Equipment”) on the roof of the Building, satelliteprovided that prior to commencing any installation or maintenance, dishesTenant shall (i) obtain Landlord’s prior approval of the proposed size, television antennas, related receiving equipment, related cable connections weight and any location of the Rooftop Equipment and all other related equipment (collectively, “Satellite Dish”) required in connection with Tenant’s communications and data transmission network. In addition method for fastening the Rooftop Equipment to the foregoingroof, Tenant shallwhich approval Landlord shall not unreasonably withhold provided that the Rooftop Equipment will not damage the Building or the Building’s roof and is not of such size or weight that it can be reasonably deemed unsuitable for the Building’s roof, at (ii) such installation and/or replacement shall comply strictly with all Laws and the conditions of any bond or warranty maintained by Landlord on the roof, (iii) use the Rooftop Equipment solely for its option exercisable by a thirty internal use, (30iv) days’ notice to Landlord, have the not grant any right to use additional space on the roof of the Building for Tenant’s additional HVAC equipment Rooftop Equipment to any other party, and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). Furthermore, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to both Landlord and Tenant and Tenant shall have securedv) obtain, at Tenant’s sole cost and expense, any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to Landlord. Landlord may supervise or perform any roof penetration related to the approval installation of Rooftop Equipment and Landlord may charge the commercially reasonable cost thereof to Tenant. Tenant agrees that all governmental authorities installation, construction and all permits maintenance shall be performed in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements as shall be imposed by Landlord. Tenant further agrees to label each cable or wire placed by Tenant in the telecommunications pathways of the Building, with identification information as required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits to Landlord, prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall be permitted to alter its Satellite Dish in connection with technological upgrades, in accordance with General Condition A. Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any additional rental for that portion of the roof of the Building on which the Satellite Dish and the HVAC Unit shall be located. Furthermore, Tenant shall, at its sole and absolute discretion when it deems it as necessary or appropriate to do so, repair and maintain the Satellite Di sh and the HVAC Unit. Upon the expiration of the Term or the termination of the Lease, Tenant shall remove the Satellite Dish and the HVAC Unit and repair any damage to the roof resulting therefromBuilding caused by Tenant’s installation, maintenance, replacement, use or removal of the Rooftop Equipment. The Rooftop Equipment shall remain the property of Tenant, and Tenant may remove the Rooftop Equipment at its cost at any time during the Term. Tenant shall remove the Rooftop Equipment at Tenant’s cost and expense upon the expiration or termination of this Lease. Tenant agrees that the Rooftop Equipment, and any wires, cables or connections relating thereto, and the installation, maintenance and operation thereof shall in no way interfere with the use and enjoyment of the Building, or the operation of communications (including, without limitation, other satellite dishes) or computer devices by Landlord or by other tenants or occupants of the Project installed under written agreement with Landlord prior to the date hereof. If such interference shall occur, Landlord shall give Tenant written notice thereof and Tenant shall commence to correct the same within twenty-four (24) hours of receipt of such notice and diligently and continuously pursue such correction to completion with all possible dispatch. Landlord makes no warranty or representation that the Building or any portions thereof are suitable for the use of Rooftop Equipment, it being assumed that Tenant has satisfied itself thereof. Tenant shall protect, defend, indemnify and hold harmless Landlord and Landlord’s Agents from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Rooftop Equipment. Landlord hereby ratifies and confirms its consent to the Rooftop Equipment installed by Tenant prior to the date hereof. Landlord agrees that it shall, with respect to any rooftop equipment installed subsequent to the date hereof, include the covenant against interference against Tenant’s Rooftop Equipment set forth in this Paragraph 13.

Appears in 1 contract

Samples: Lease (Spanish Broadcasting System Inc)

Roof Rights. During the Term of the Lease (as it may be extended), Tenant shall have the right (without the payment of rent) to install and maintain, on the roof of the Building, satellite, dishes, television antennas, related receiving equipment, related cable connections and any and all other related equipment (collectively, “Satellite Dish”) required in connection with Tenant’s communications and data transmission network. In addition Subject to the foregoingconditions set forth herein and provided no Event of Default has occurred and is continuing hereunder, Tenant shallLandlord hereby grants to Tenant, as an appurtenance to the Premises, the non-exclusive right to install, maintain and operate, at its option exercisable by Tenant's sole cost and expense, a thirty mast-mounted satellite antenna (30the "Antenna") days’ notice to Landlord, have the right to use additional space on the roof of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements reasonably necessary for the operation of the Antenna, all in accordance with the Roof License Agreement attached hereto as Exhibit "H" and incorporated herein by ----------- reference (collectively, “HVAC Unit”the "Roof License Agreement"). FurthermoreThe size, location and method of installation of the exact location of any such Satellite Dish or HVAC Unit Antenna shall be mutually acceptable to both Landlord at Landlord's sole discretion and Tenant and Tenant shall have secured, hereby agrees to install the Antenna at Tenant’s 's sole cost and expense, under the approval direct supervision of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC UnitLandlord's roofing contractor, and in such a manner as will not affect Landlord's insurance or roof warranty. The use of the Antenna shall provide copies be limited solely to Tenant, and Landlord reserves the right, in its sole discretion, to withhold consent to any proposed subletting or assignment of such approvals and permits the rights to Landlord, prior to commencing any work with respect to such Satellite Dish and use the HVAC UnitAntenna. Tenant shall be permitted to alter its Satellite Dish install all equipment at the sole cost and expense and risk of Tenant and shall do so in connection a good, workmanlike manner and in compliance with technological upgradesall federal, in accordance with General Condition A. Tenant shall pay for any state and all costs local building, zoning, electric, telecommunications, and expenses in connection with the installationsafety codes and ordinances, maintenancestandards, use regulations, laws and removal requirements, including, without limitation, those of the Satellite Dish Federal Communications Commission. Nothing contained herein shall impose any liability or repair obligations upon Landlord relative to the Antenna. Upon the expiration or earlier termination of this Lease, Tenant agrees, while under the direct supervision of Landlord's roofing contractor, to remove the Antenna and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any additional rental for that portion of return the roof of the Building on to the condition in which the Satellite Dish and the HVAC Unit shall be located. Furthermore, Tenant shall, at its sole and absolute discretion when it deems it existed as necessary or appropriate to do so, repair and maintain the Satellite Di sh and the HVAC Unit. Upon the expiration of the Term or Commencement Date. Prior to the termination installation of the LeaseAntenna, Tenant shall remove execute the Satellite Dish and the HVAC Unit and repair any damage to the roof resulting therefromRoof License Agreement.

Appears in 1 contract

Samples: Roof License Agreement (Oni Systems Corp)

Roof Rights. During the Term of the Lease (as it may be extended), Tenant shall have the right (without the payment of rent) to install install, operate and maintain, on the roof of the Building, satellite, dishes, television antennas, related receiving equipment, related cable connections and any and all other related equipment (collectively, “Satellite Dish”) required in connection with Tenant’s communications and data transmission network. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). Furthermore, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to both Landlord and Tenant and Tenant shall have secured, at Tenant’s sole cost and expense, (a) communications equipment on the roof of the Building (collectively, the “Communications Equipment”) approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed; and (b) wiring and cabling to the extent necessary to connect the Communications Equipment with the Premises and the applicable telecommunications and utility providers (the “Cabling”); provided that (i) the installation, operation and maintenance of the Communications Equipment and Cabling shall comply in all respects with all applicable laws, rules and regulations, the CC&Rs and the terms of this Lease; and (ii) the Communications Equipment and Cabling shall be installed in specific locations reasonably designated by Landlord. Before installing the Communications Equipment and Cabling, Tenant shall submit to Landlord for its approval, which approval shall not be unreasonably withheld, conditioned or delayed, the contractors who will perform the work and the plans and specifications which specify in detail the design, location, size, technical specifications, method of installation and frequency of the Communications Equipment and Cabling and are sufficiently detailed to allow for the installation of the Communications Equipment and Cabling in a good workmanlike manner and in accordance with all applicable laws, rules and regulations and the CC&Rs. Following Landlord’s approval of all governmental authorities such plans and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish specifications and the HVAC Unitcontractors, Tenant shall install in a good workmanlike manner, maintain, and use the Communications Equipment and Cabling in accordance with all applicable laws, rules and regulations and the CC&Rs, and shall provide copies of obtain and maintain all permits and licenses required for the installation and operation thereof. Tenant may only use the Communications Equipment and Cabling in connection with Tenant’s business at the Premises, and Tenant shall not allow any third party not occupying space in the Premises to use such approvals Communications Equipment or Cabling, without Landlord’s prior written consent. Tenant shall, at its sole cost and permits to Landlordexpense, prior to commencing any work with respect to such Satellite Dish remove the Communications Equipment and the HVAC UnitCabling, within thirty (30) days after the occurrence of any of the following events: (i) the termination of Tenant’s right to possess the Premises, (ii) the termination of this Lease, or (iii) the expiration of the Lease Term, or (iv) Tenant defaults under this Paragraph 5 and such default is not cured within any applicable notice and cure period. If Tenant fails to do so, Landlord may remove the Communications Equipment and Cabling and store or dispose of it in any manner Landlord deems appropriate without liability to Tenant; Tenant shall reimburse Landlord for all costs incurred by Landlord in connection therewith within thirty (30) days after Landlord’s request therefor. Tenant shall be permitted repair any damage to alter the Project caused by or relating to the Communications Equipment and Cabling, including that which is caused by its Satellite Dish in connection with technological upgradesinstallation, in accordance with General Condition A. Tenant maintenance, use or removal, and shall pay for defend, indemnify and hold harmless Landlord from and against any and all claims, demands, liabilities, causes of action, losses, damages, fines, penalties, costs and expenses in connection with arising from the installation, maintenance, use and or removal of the Satellite Dish Communications Equipment and Cabling. All work relating to the HVAC UnitCommunications Equipment and Cabling shall, but in no event at Tenant’s sole cost and expense, be coordinated with Landlord or Landlord’s roofing contractor so as not to affect any warranty for the Building’s roof. Subject to Landlord’s reasonable rules and regulations (including, without limitation, Landlord’s reasonable notice requirements), Tenant shall Tenant be obligated permitted to pay Landlord any additional rental for that portion of access the roof of the Building on which the Satellite Dish and the HVAC Unit shall be located. Furthermore, Tenant shall, at its sole and absolute discretion when it deems it as necessary or appropriate in order to do soinstall, repair and maintain the Satellite Di sh Communications Equipment and the HVAC Unit. Upon the expiration of the Term or the termination of the Lease, Tenant shall remove the Satellite Dish and the HVAC Unit and repair any damage to the roof resulting therefromCabling.

Appears in 1 contract

Samples: Office Lease (Arthrocare Corp)

Roof Rights. During the Term of the Lease (as it may be extended), upon not less than thirty (30) days prior written notice to Landlord, Tenant shall have the right (without the payment of rent) to install and maintain, on the roof of the BuildingBuilding in an area not to exceed thirty (30) square feet, satellite, satellite dishes (but not microwave dishes), television antennas, related receiving equipment, related cable connections and any and all other related equipment (collectively, "Satellite Dish") required in connection with Tenant’s 's communications and data transmission network. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof The proposed construction and installation and general appearance of the Building for Tenant’s additional HVAC equipment Satellite Dish and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). Furthermore, the exact location of any such Satellite Dish or HVAC Unit shall be mutually reasonably acceptable to both Landlord and Tenant Landlord, and Tenant shall have secured, at Tenant’s sole cost and expense, secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC UnitDish, and shall provide copies of such approvals and permits to Landlord, prior to commencing any work with respect to such Satellite Dish and the HVAC UnitDish. Tenant shall be permitted to alter its Satellite Dish in connection with technological upgrades, in accordance with General Condition A. Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish Dish, and shall pay for the HVAC Unitcost of all utilities used in connection therewith, but in no event shall Tenant be obligated to pay Landlord any additional rental for that portion of the roof of the Building on which the Satellite Dish and the HVAC Unit shall be located. FurthermoreTenant's indemnification of Landlord, as set forth in Section 4.6, above, shall apply to all areas used by Tenant on the roof of the Building pursuant to the terms of this Section 14.15 as if the same were part of the Premises. Upon the expiration of the Term of the Lease, Tenant shall, at its sole cost and absolute discretion when it deems it as necessary or appropriate to do soexpense, repair and maintain the Satellite Di sh and the HVAC Unit. Upon the expiration of the Term or the termination of the Lease, Tenant shall remove the Satellite Dish and the HVAC Unit and repair any damage to the roof resulting therefrom.

Appears in 1 contract

Samples: Project Site Plan (Aames Financial Corp/De)

Roof Rights. During the Term of the Lease (as it may be extended), Tenant shall have the exclusive right (without the payment of rent) to install and maintaina satellite dish, on the roof of the Building, satellite, dishes, television antennas, related receiving equipment, related cable connections and any and all other related equipment antenna and/or solar panels (collectively, “Satellite DishRoof Equipment”) required in connection with Tenant’s communications and data transmission network. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building for at such locations to be designated by Tenant and reasonably approved by Landlord and in a manner not to impair any warranty obtained by Landlord with respect to the roof of the Building. Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). Furthermore, use of the exact location of any such Satellite Dish or HVAC Unit roof under this Section 41 shall be mutually acceptable at no additional charge to both Landlord and Tenant and Tenant. Prior to such installation, Tenant shall have securedobtain Landlord’s reasonable written approval with respect to the size and design of such Roof Equipment, and such installation shall be at Tenant’s sole cost expense and expense, the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits to Landlord, prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall be permitted to alter its Satellite Dish in connection with technological upgrades, in accordance with General Condition A. all reasonable requirements and criteria imposed by Landlord in connection therewith (including, without limitation, confirmation that such installation will not impair the rights of Landlord under any warranty for the roof of the Building). Prior to the installation of any Roof Equipment, Tenant shall cause to be performed all responsible inspections relating to the installation of the Roof Equipment (including, without limitation, inspections as to the structural capabilities of the roof of the Building). Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish Roof Equipment and shall indemnify, defend and hold harmless Landlord for any claims, losses, liabilities, damages (excluding consequential damages), costs and expenses (including without limitation, reasonable attorneys’ fees) to the HVAC Unitextent directly resulting from the installation of such Roof Equipment (including, but in no event shall Tenant be obligated without limitation, the repair of any damage to pay Landlord any additional rental for that portion of the structure or the roof of the Building on which to the Satellite Dish extent attributable to the Roof Equipment). Without limiting the generality of the foregoing, Tenant shall pay all costs relating to connections from such Roof Equipment to the Premises and any reinforcement of, or resulting damage to, the HVAC Unit roof. Tenant shall be locatedobligated to maintain such Roof Equipment in good condition and repair. FurthermoreLandlord shall be entitled to move such Roof Equipment to a different location on the roof from time to time so long as Landlord pays all costs incurred in connection with any such move. Tenant acknowledges that Landlord has made no representation or warranty to Tenant to the effect that transmission or reception by such Roof Equipment will not be interfered with by other antennas or other structures or activities on or in the vicinity of the roof. Tenant’s installation and use rights under this Section 41 shall only apply with respect to the use of such Roof Equipment in connection with Tenant’s operations in the Premises (as opposed to, e.g., a lease or license of such Roof Equipment by Tenant to any third party). On or before the expiration or earlier termination of this Lease, Tenant shall, at its Tenant’s sole cost and absolute discretion when it deems it as necessary or appropriate to do soexpense, repair and maintain the Satellite Di sh and the HVAC Unit. Upon the expiration of the Term or the termination of the Lease, Tenant shall remove the Satellite Dish and the HVAC Unit such Roof Equipment and repair any damage to the roof resulting therefromBuilding caused by such removal.

Appears in 1 contract

Samples: Lease Agreement (Schmitt Industries Inc)

Roof Rights. During the Term of the Lease (So long as it may be extended)(i) does not impact Landlord’s roof warranty and (ii) complies with all applicable laws, Tenant shall have the right (without the payment of rent) to install rules and maintainregulations, on the roof of the Building, satellite, dishes, television antennas, related receiving equipment, related cable connections and any and all other related equipment (collectively, “Satellite Dish”) required in connection with Tenant’s communications and data transmission network. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). Furthermore, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to both Landlord and Tenant and Tenant shall have secured, at Tenant’s sole cost and expense, the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits have access to Landlord, prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall be permitted to alter its Satellite Dish in connection with technological upgrades, in accordance with General Condition A. Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any additional rental for that portion of the roof of the Building on which in designated areas mutually agreed upon for the Satellite Dish purpose of installation of microwave satellite, antenna and other communications devices or supplemental HVAC units (the “Roof Equipment”). Notwithstanding the foregoing, all such Roof Equipment shall be for the sole benefit of Tenant and Landlord, shall relate specifically to Tenant’s use of the Premises, and shall not be used as a switching station, amplification station or by other tenants or third parties. Tenant shall make a request for approval of the Roof Equipment hereunder by submission of specific plans and specifications for the work to be performed by Tenant. Landlord shall respond in writing within fifteen (15) business days from receipt of the same, advising Tenant of approved contractors and those portions of the work that are acceptable and disapproving those portions of the work that are, in Landlord’s judgment, reasonably exercised,unacceptable and with respect to the plans, specifying in detail the nature of Landlord’s objection. Tenant shall be solely responsible for all damages caused by its Roof Equipment, for the removal of all Roof Equipment and the HVAC Unit restoration of the roof upon the expiration or early termination of this Lease unless directed in writing by Landlord otherwise. Landlord shall be locatednamed as an additional insured on all Tenant insurance relating to the Roof Equipment. FurthermoreAll installation, Tenant shallrepair, at its sole replacement and absolute discretion when it deems it as necessary or appropriate to do so, repair and maintain the Satellite Di sh and the HVAC Unit. Upon the expiration modification of the Term or Roof Equipment shall be coordinated with Landlord, shall only use those approved contractors and shall be in accordance with the termination of the Lease, Tenant shall remove the Satellite Dish Rules and the HVAC Unit and repair any damage to the roof resulting therefromRegulations set forth herein.

Appears in 1 contract

Samples: Lease (Qad Inc)

Roof Rights. During the Term of the Lease (So long as it may be extended)(i) does not impact Landlord’s roof warranty and (ii) complies with all applicable laws, Tenant shall have the right (without the payment of rent) to install rules and maintainregulations, on the roof of the Building, satellite, dishes, television antennas, related receiving equipment, related cable connections and any and all other related equipment (collectively, “Satellite Dish”) required in connection with Tenant’s communications and data transmission network. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). Furthermore, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to both Landlord and Tenant and Tenant shall have secured, at Tenant’s sole cost and expense, the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits have access to Landlord, prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall be permitted to alter its Satellite Dish in connection with technological upgrades, in accordance with General Condition A. Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any additional rental for that portion of the roof of the Building on which in designated areas mutually agreed upon for the Satellite Dish purpose of installation of microwave satellite e.g., satellite television/video conferencing enabling equipment) antenna and other communications devices (the “Roof Equipment”). Notwithstanding the foregoing, all such Roof Equipment shall be for the sole benefit of Tenant, and shall relate specifically to Tenant’s use of the Premises, and shall not be used as a switching station, amplification station or by Landlord, other tenants or third parties. Tenant shall make a request for approval of the Roof Equipment hereunder by submission of specific plans and specifications for the work to be performed by Tenant. Landlord shall respond in writing within fifteen (15) business days from receipt of the same, advising Tenant of approved contractors and those portions of the work that are acceptable and disapproving those portions of the work that are, in Landlord’s judgment, reasonably exercised (including timing of response), unacceptable and with respect to the plans, specifying in detail the nature of Landlord’s objection. Tenant shall be solely responsible for all damages caused by its Roof Equipment, for the removal of all Roof Equipment and the HVAC Unit restoration of the roof upon the expiration or early termination of this Lease Agreement unless directed in writing by Landlord otherwise. Landlord shall be locatednamed as an additional insured on all Tenant insurance relating to the Roof Equipment. FurthermoreAll installation, Tenant shallrepair, at its sole replacement and absolute discretion when it deems it as necessary or appropriate to do so, repair and maintain the Satellite Di sh and the HVAC Unit. Upon the expiration modification of the Term or Roof Equipment shall be coordinated with Landlord, shall only use those approved contractors and shall be in accordance with the termination of the Lease, Tenant shall remove the Satellite Dish Rules and the HVAC Unit and repair any damage to the roof resulting therefrom.Regulations set forth herein;

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

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Roof Rights. During Except as hereinafter provided, during the Term of the Lease (as it may be extended), Tenant shall have the sole and exclusive right (without the payment of rent) at no additional cost to install and maintain, on the roof of the BuildingBuilding and elsewhere on the Project, satellite, satellite dishes, television antennasor communications antennas or facilities, related receiving or transmitting equipment, related cable connections and any and all other related equipment (collectively, “Satellite DishCommunications Equipment”) required in connection with Tenant’s communications and data transmission network. Tenant may license, assign or sublet without Landlord’s consent the right to use any of such Communications Equipment or roof space, whether or not in conjunction with any sublease or assignment regarding the Premises. Tenant shall have the right to use “risers” in the Building over and above those provided in the Base Building Improvements (and to install additional risers if necessary) as long as there is no adverse affect on the Building Structure or Building Systems. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlordoption, have the right to use additional space on the roof of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). All such Communications Equipment and HVAC Units shall be screened from view of pedestrians. Furthermore, the exact location location, construction method and installation of any such Satellite Dish Communications Equipment or HVAC Unit shall be mutually and reasonably acceptable to both Landlord and Tenant and Tenant shall have secured, at Tenant’s sole cost and expense, the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish Communications Equipment and the HVAC Unit, and shall provide copies of such approvals and permits to Landlord, Landlord prior to commencing any work with respect to such Satellite Dish Communications Equipment and the HVAC Unit. Landlord shall have the right to place reasonable conditions upon the method of installation as reasonably necessary to preserve Landlord’s roof warranty. Tenant shall be permitted to alter its Satellite Dish Communications Equipment in connection with technological upgrades, in accordance with General Condition A. upgrades from time to time. Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish Communications Equipment and the HVAC Unit, including without limitation any and all costs related to ensuring that Landlord’s roof warranties related to the Building or any portion thereof are not terminated, negated in any way by any of such installations or by Tenant’s applicable repair and maintenance of such facilities, but in no event shall Tenant be obligated to pay Landlord any additional rental or license fees for that portion of the roof of the Building any area(s) on which the Satellite Dish Communications Equipment and the HVAC Unit shall be located. The contractor selected by Tenant to install and to maintain and repair any such Communications Equipment and HVAC Units shall be reputable and licensed in the jurisdiction where the Building is located. Furthermore, Tenant shall, at its sole and absolute discretion when it deems it as necessary or appropriate to do so, repair and maintain the Satellite Di sh Communications Equipment and the HVAC Unit. No portion of the roof space shall be included in or designated as rentable area. Upon the termination or expiration of the Term or the termination of the this Lease, Tenant shall remove the Satellite Dish Communications Equipment installed by it pursuant to this Article 34, at Tenant’s expense, and the HVAC Unit shall repair and repair restore any damage to the roof resulting therefromBuilding and Project caused by such removal to a condition comparable to that existing prior to such installation, normal wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (Red Hat Inc)

Roof Rights. During Provided Tenant is not in Default under the Term terms of this Lease, Tenant is hereby granted a non-exclusive license to install and maintain on the roof of the Lease Building in an area not exceeding 250 square feet, at Tenant's sole cost and expense, two (as it may be extended)2) antenna(e) and related equipment and/or one back-up generator and related equipment (collectively, the "Equipment") on the terms and conditions set forth herein. Prior to the installation of the Equipment on the roof, Tenant shall have provide in writing to Landlord the right (Equipment specifications, including the total square footage, location, and design of the Equipment for approval by Landlord, in Landlord's sole and absolute discretion. If required by Landlord, the Equipment, at Tenant's cost and expense, shall be screened with a material similar to the exterior of the Building so as to cause the screening to appear to be part of the Building. If any repairs or replacement of the roof or other materials on the roof are required, Tenant shall pay the cost and expense for Landlord to remove or relocate the Equipment for such reasonable time as may be necessary for Landlord and its contractors and agents to conduct such repair or replacement. Tenant shall be solely responsible for any damage to or loss of the Equipment and shall carry loss and casualty insurance with full replacement value coverage. Landlord, at its option, shall remove or require Tenant to remove the Equipment upon the termination of this Lease, and Tenant shall promptly reimburse Landlord for the cost and expense to repair any and all damage caused to the Building in connection with such removal. Tenant shall not be entitled to modify or add to the Equipment without Landlord's prior written consent. The placement of the payment Equipment shall not interfere with any existing facilities, including but not limited to existing equipment of rent) to install and maintainother tenants of the Building, located in or on the roof of the Building, satellite, dishes, television antennas, related receiving equipment, related cable connections and . Tenant shall be responsible for obtaining (prior to installation of the Equipment) any and all other related equipment (collectively, “Satellite Dish”) permits or licenses that may be required by any governmental authorities in connection with Tenant’s communications the Equipment. Tenant acknowledges that Landlord and data transmission network. In addition its agents, employees, contractors and consultants shall retain reasonable access rights to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building through the corridors and stairwells located within or adjacent to the Premises for Tenant’s additional HVAC equipment and any and all purposes related equipment to accommodate Tenant’s excess HVAC requirements (collectivelythe operation, “HVAC Unit”). Furthermore, the exact location of any such Satellite Dish maintenance or HVAC Unit shall be mutually acceptable to both Landlord and Tenant and Tenant shall have secured, at Tenant’s sole cost and expense, the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits to Landlord, prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall be permitted to alter its Satellite Dish in connection with technological upgrades, in accordance with General Condition A. Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any additional rental for that portion of the roof repair of the Building on which the Satellite Dish and the HVAC Unit shall be located. Furthermore, Tenant shall, at its sole and absolute discretion when it deems it as necessary or appropriate to do so, repair and maintain the Satellite Di sh and the HVAC Unit. Upon the expiration of the Term or the termination of the Lease, Tenant shall remove the Satellite Dish and the HVAC Unit and repair any damage to the roof resulting therefromequipment used in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Tickets Com Inc)

Roof Rights. During (a) Subject to the Term provisions of Article 8 of this Lease, Landlord shall not unreasonably withhold its consent to the installation by Tenant of one or more communications antennae, microwave or satellite dishes, together with related equipment, mountings, and supports (collectively, “Telecommunications Equipment”), on the roof of the Lease Building in an area to be identified by Landlord. Subject to availability as determined by Landlord in good faith (as it may be extendedtaking into consideration the need to allocate or reserve space for other tenants in the Building), Landlord shall provide Tenant with space on the roof of the Building upon receipt of Tenant’s written request to install Tenant’s Telecommunication Equipment (but in no event shall have the aggregate amount of such space exceed at any point in time ten (10) square feet), subject to the terms of this Section, and Landlord reserves the right to charge Tenant a market rate fee in connection therewith. Tenant acknowledges and agrees that any use of the roof space by Tenant for the installation and operation of Tenant’s Telecommunications Equipment shall be on a non-exclusive basis, except as to that portion of the roof space provided by Landlord to Tenant as aforesaid. Tenant may use the roof space and Telecommunications Equipment solely for Tenant’s own use (without the payment of rent) to install and maintainnot for resale purposes), provided, however, that as long as Tenant has exercised its rights hereunder and actually installed Telecommunications Equipment on the roof of the Building, satellitenothing in this Lease shall be construed to prohibit the transfer of Tenant’s rights with respect to any such Telecommunications Equipment to any permitted sublessee or assignee of this Lease. The height, dishesdiameter, television antennasdesign and installation of the satellite dishes or other Telecommunications Equipment shall be subject to Landlord’s approval, related receiving equipmentwhich shall not be unreasonably withheld or delayed. In connection therewith, related cable connections Landlord shall make available to Tenant reasonable adjacent space for access to the roof space for the construction, installation, maintenance, service, repair, operation and any and all other related equipment (collectively, “Satellite Dish”) required use of Tenant’s Telecommunications Equipment. All work in connection with the installation of Tenant’s communications Telecommunications Equipment, including core drilling and data transmission network. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on reinforcing the roof of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectivelyBuilding, “HVAC Unit”). Furthermoreif required, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to both Landlord and Tenant and Tenant shall have secured, performed at Tenant’s sole cost and expense, including the approval cost of all governmental authorities a fire watch and all permits required by governmental authorities having jurisdiction over related supervisory costs relating to any core drilling, which shall be performed in such approvals a manner and permits for at such times as Landlord shall reasonably prescribe. References in this Section to the Satellite Dish Telecommunications Equipment shall be deemed to include such riser and the HVAC Unit, electrical and shall provide copies of such approvals and permits to Landlord, prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall be permitted to alter its Satellite Dish in connection with technological upgrades, in accordance with General Condition A. Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any additional rental for that portion of the roof of the Building on which the Satellite Dish and the HVAC Unit shall be located. Furthermore, Tenant shall, at its sole and absolute discretion when it deems it as necessary or appropriate to do so, repair and maintain the Satellite Di sh and the HVAC Unit. Upon the expiration of the Term or the termination of the Lease, Tenant shall remove the Satellite Dish and the HVAC Unit and repair any damage to the roof resulting therefromtelecommunication conduits therein.

Appears in 1 contract

Samples: Lease (Cowen Group, Inc.)

Roof Rights. During the Term of the Lease (So long as it may be extended)(i) does not impact Landlord’s roof warranty and (ii) complies with all applicable laws, Tenant shall have the right (without the payment of rent) to install rules and maintainregulations, on the roof of the Building, satellite, dishes, television antennas, related receiving equipment, related cable connections and any and all other related equipment (collectively, “Satellite Dish”) required in connection with Tenant’s communications and data transmission network. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building for Tenant’s additional HVAC equipment and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). Furthermore, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to both Landlord and Tenant and Tenant shall have secured, at Tenant’s sole cost and expense, the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits have access to Landlord, prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall be permitted to alter its Satellite Dish in connection with technological upgrades, in accordance with General Condition A. Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any additional rental for that portion of the roof of the Building on which in designated areas mutually agreed upon for the Satellite Dish purpose of installation of microwave satellite, antenna and other communications devices or supplemental HVAC units (the “Roof Equipment”). Notwithstanding the foregoing, all such Roof Equipment shall be for the sole benefit of Tenant, shall relate specifically to Tenant’s use of the Premises, and shall net be used as a switching station, amplification station or by other tenants or third parties. Tenant shall make a request for approval of the Roof Equipment hereunder by submission of specific plans and specifications for the work to be performed by Tenant. Landlord shall respond in writing within five (5) business days from receipt of the same, advising Tenant of approved contractors and those portions of the work that are acceptable and disapproving those portions of the work that are, in Landlord’s judgment, reasonably exercised, unacceptable and with respect to the plans, specifying in detail the nature of Landlord’s objection. Tenant shall be solely responsible for all damages caused by its Roof Equipment, for the removal of all Roof Equipment and the HVAC Unit restoration of the roof upon the expiration or early termination of this Lease unless directed in writing by Landlord otherwise. Landlord shall be locatednamed as an additional insured on all Tenant insurance relating to the Roof Equipment. FurthermoreAll installation, Tenant shallrepair, at its sole replacement and absolute discretion when it deems it as necessary or appropriate to do so, repair and maintain the Satellite Di sh and the HVAC Unit. Upon the expiration modification of the Term or Roof Equipment shall be coordinated with Landlord, shall only use those approved contractors and shall be in accordance with the termination of the Lease, Tenant shall remove the Satellite Dish Rules and the HVAC Unit and repair any damage to the roof resulting therefromRegulations set forth herein.

Appears in 1 contract

Samples: Medquist Inc

Roof Rights. During the Term of the Lease (as it may be extended), Tenant shall have the right (without the payment of rent) to install and maintain, Provided that there is space available on the roof of the Building, satelliteTenant, dishesat its sole cost and expense, television antennasshall have the non-exclusive right (it being understood that Landlord may grant, related receiving equipmentextend or renew similar rights to others) to install, related cable connections maintain, and any and all from time to time replace a satellite dish and/or other related communications equipment (collectively, the Satellite DishEquipment”) required in connection with Tenant’s communications and data transmission network. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional space on the roof of the Building Building, provided that prior to commencing any installation or maintenance, Tenant shall obtain Landlord’s prior approval of the proposed plans and specifications for the Equipment and any related cabling including, without limitation, the size, weight and location of the Equipment and method for fastening the Equipment to the roof, which approval may be withheld in Landlord’s sole discretion. Tenant’s additional HVAC equipment installation and/or replacement of the Equipment shall comply strictly with all Laws and the conditions of any and all related equipment to accommodate bond or warranty maintained by Landlord on the roof. Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). Furthermore, use of the exact location of any such Satellite Dish or HVAC Unit Equipment shall be mutually acceptable to both Landlord and Tenant solely for its internal use and Tenant shall have securednot grant any right to use of the Equipment to any other party (including, without limitation, any subtenant or assignee). Tenant, at Tenant’s sole cost and expense, shall obtain any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to Landlord. Landlord may supervise or perform any roof penetration related to the approval installation of the Equipment, and Landlord may charge the cost thereof to Tenant. Tenant agrees that all governmental authorities installation, construction and all permits maintenance shall be performed in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements as shall be imposed by Landlord. Tenant further agrees to label each cable or wire placed by Tenant in the telecommunications pathways of the Building, with identification information as required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits to Landlord, prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall be permitted to alter its Satellite Dish in connection with technological upgrades, in accordance with General Condition A. Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any additional rental for that portion of the roof of the Building on which the Satellite Dish and the HVAC Unit shall be located. Furthermore, Tenant shall, at its sole and absolute discretion when it deems it as necessary or appropriate to do so, repair and maintain the Satellite Di sh and the HVAC Unit. Upon the expiration of the Term or the termination of the Lease, Tenant shall remove the Satellite Dish and the HVAC Unit and repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Equipment. The Equipment shall remain the property of Tenant, and Tenant may remove the Equipment at its cost at any time during the Term. Tenant shall remove the Equipment and any associated cabling at Tenant’s cost and expense upon the expiration or termination of this Lease and restore the roof resulting therefromto the condition it was in prior to the installation. Tenant agrees that the Equipment, and any wires, cables or connections relating thereto, and the installation, maintenance and operation thereof shall in no way interfere with the operation of communications (including, without limitation, other satellite dishes) by Landlord or by other tenants or occupants of the Project. If such interference shall occur, Landlord shall give Tenant written notice thereof and Tenant shall correct the same within twenty-four (24) hours of receipt of such notice. Landlord makes no warranty or representation that the Building or any portions thereof are suitable for the use of the Equipment, it being assumed that Tenant has satisfied itself thereof. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Equipment.

Appears in 1 contract

Samples: Office Lease Agreement (Concur Technologies Inc)

Roof Rights. During Subject to the Term approval of the Lease (as it may be extended)all applicable governmental authorities and agencies, Landlord agrees to permit Tenant shall have the right (without the payment of rent) to install install, use and maintain, operate one or more satellite antennas or dishes on the roof rooftop of the Building. Landlord shall make available to Tenant, satellite, dishes, television antennas, related receiving equipment, related cable connections and any and all other related equipment (collectively, “Satellite Dish”) required in connection with for Tenant’s communications and data transmission network. In addition to the foregoing, Tenant shall, at its option exercisable by a thirty (30) days’ notice to Landlord, have the right to use additional such space on the roof of the Building as Tenant shall from time to time require for no rent or other charge whatsoever therefor. Tenant’s additional HVAC use of the roof of the Building shall be on a non-exclusive basis. In connection with Tenant’s use of the roof of the Building, Landlord shall make available to Tenant access to the roof for the construction, installation, maintenance, repair, operation and use of such antenna equipment, as well as reasonable space in the Building to run electrical and telecommunications conduit from such equipment to the Premises. Tenant shall furnish to Landlord copies of its plans and specifications for such equipment, prior to the commencement of any construction and/or installation thereof, and any such construction shall be Alterations subject to the terms and conditions of Article 8. Such plans and specifications shall include details on the means of attaching such equipment to the roof of the Building, shall be prepared by qualified and licensed engineers and show all other structural, aesthetic, mechanical and electrical details related to such equipment and the installation thereof. Landlord shall allow Tenant to run conduit or cabling from the Premises to the antenna or satellite in accordance with the Landlord approved plans. Further, to the extent that any such antenna or dish may be visible at street level, at Landlord’s request, such plans shall provide for the screening of such equipment, if necessary, with material compatible with the exterior of the Building and reasonably acceptable to Landlord. Any and all related equipment roof or wall penetrations must be specifically approved in writing by Landlord, and such work must be performed so as to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”)avoid any possibility of voiding or affecting any roof warranties in favor of Landlord. Furthermore, the exact location of any such Satellite Dish or HVAC Unit shall be mutually acceptable to both Landlord and Tenant and Tenant shall have securedthe responsibility to secure all necessary approvals from state, federal and other governmental authorities to construct, operate and maintain such equipment and all structural, electrical or other mechanical changes to the Building. All such equipment shall be constructed and maintained by Tenant in accordance with all applicable laws, ordinances, rules and regulations and in compliance with the requirements of any insurers of the Building and in accordance with reasonable rules and regulations of Landlord relating to the roof. Tenant shall indemnify and hold Landlord harmless from and against all loss, claim, damage and expense arising out of Tenant’s failure to comply with this Section (including, but not limited to, any damage to the roof as a result of such construction, maintenance, or operation of such equipment), subject always to the mutual release and waiver of subrogation provisions of this Lease. All work in connection with such equipment shall be done by Tenant as an Alteration under the Lease. Tenant shall give Landlord any notice that Tenant receives from third parties that any of the equipment is or may be in violation of any law, ordinance or regulation. Tenant shall pay all taxes of any kind or nature whatsoever levied upon said equipment and all licensing fees, franchise taxes and other charges and expenses and all other costs of any nature whatsoever related to the construction, ownership, maintenance and operation of said equipment. All power or other utilities required for such equipment shall be provided by Landlord at Tenant’s sole cost and expense, provided same are separately metered. Upon the termination or expiration of this Lease, Tenant shall remove all of such equipment within fifteen (15) days following such termination or expiration (without the same constituting a holdover occupancy), and Landlord shall allow Tenant reasonable access to the Building to accomplish such removal. Tenant shall fully repair and restore any damage to the Building occasioned thereby, including, but not limited to any damage or penetrations to the roof occasioned by such removal, at Tenant’s sole cost and expense, . Nothing herein shall prevent Landlord from allowing other tenants in the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for Building or third parties providing communications services to other tenants in the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits to Landlord, prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall be permitted to alter its Satellite Dish in connection with technological upgrades, in accordance with General Condition A. Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any additional rental for that portion of Building from using the roof and other areas of the Building on which for the Satellite Dish development, installation, and operation of similar equipment or facilities, provided such facilities do not materially interfere with the HVAC Unit operation of Tenant’s equipment pursuant to the rights granted hereunder. Landlord agrees that it shall be located. Furthermore, Tenant shall, at its sole not permit third parties to use the roof and absolute discretion when it deems it as necessary or appropriate to do so, repair and maintain the Satellite Di sh and the HVAC Unit. Upon the expiration other areas of the Term Building for the installation and operation of similar equipment or facilities if such third parties do not use such equipment to provide services to tenants in the termination Building, without the prior consent of the Lease, Tenant shall remove the Satellite Dish and the HVAC Unit and repair to any damage to the roof resulting therefromsuch third party usage.

Appears in 1 contract

Samples: Office Lease Agreement (Royal Caribbean Cruises LTD)

Roof Rights. During the Term of the Lease (as it may be extended), Tenant shall have the right (without the payment of rent) to install and maintain, maintain on the Building roof of the Buildingat Tenant’s sole cost and expense, satelliteone (1) satellite dish, dishes, television antennas, antennae and related receiving equipment, related cable connections and any and all other related communications equipment (collectively, “Satellite Dish”) required in connection with as permitted by Landlord for Tenant’s communications and data transmission network. In addition to the foregoing, provided that Tenant shall, at its option exercisable by a thirty (30) days’ notice sole cost and expense, place screening around the perimeter of such satellite dish, antennae and related communications equipment, the design and location of which shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall also have the right to install and remove, at its sole cost and expense, the cabling and conduit reasonably necessary to connect the rooftop satellite dish and equipment to Tenant’s equipment on and within the Premises. Such equipment, dish, cabling and conduit shall be at locations designated by Landlord, provided that such locations will allow Tenant to transmit and receive reception without interference (“Interference Free Location”). If from time to time a location designated by Landlord, which initially is acceptable to Tenant as an Interference Free Location, subsequently becomes unacceptable because of conditions which create interference, Landlord shall, if reasonably possible, designate and make available to Tenant a new Interference Free Location. The installation and any costs relating thereto, and the maintenance, repair, insurance obligations and liability, with respect to such equipment and dish, shall be borne completely by Tenant, although such use additional of space on the roof of and for the Building for Tenant’s additional HVAC equipment cabling and any and all related equipment to accommodate Tenant’s excess HVAC requirements (collectively, “HVAC Unit”). Furthermore, the exact location of any such Satellite Dish or HVAC Unit conduit shall be mutually acceptable without any cost to both Landlord and Tenant and Tenant. Upon expiration or earlier termination of this Lease, Tenant shall have securedremove, at Tenant’s sole cost and expense, the approval of all governmental authorities equipment, cabling and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Satellite Dish and the HVAC Unit, and shall provide copies of such approvals and permits conduit installed pursuant to Landlord, prior to commencing any work with respect to such Satellite Dish and the HVAC Unit. Tenant shall be permitted to alter its Satellite Dish in connection with technological upgrades, in accordance with General Condition A. Tenant shall pay for any and all costs and expenses in connection with the installation, maintenance, use and removal of the Satellite Dish and the HVAC Unit, but in no event shall Tenant be obligated to pay Landlord any additional rental for that portion of the roof of the Building on which the Satellite Dish and the HVAC Unit shall be located. Furthermore, Tenant shall, at its sole and absolute discretion when it deems it as necessary or appropriate to do so, repair and maintain the Satellite Di sh and the HVAC Unit. Upon the expiration of the Term or the termination of the Lease, Tenant shall remove the Satellite Dish and the HVAC Unit this Article 17 and repair any damage caused by such removal. Landlord shall not install equipment, nor shall Landlord permit any tenant to install any equipment, which will interfere with any of Tenant’s then existing (as of the roof resulting therefromdate of installation) communications equipment provided Tenant’s equipment is operating in accordance with all Laws and manufacturer specifications.

Appears in 1 contract

Samples: Office Building Lease (Premiere Global Services, Inc.)

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