Common use of Roof Clause in Contracts

Roof. Tenant shall have, at Tenant’s sole risk, use of the Building’s roof in compliance with all Applicable Laws, the CC&Rs and applicable terms of this Lease including without limitation, installation (with the prior approval of Landlord, not to be unreasonably withheld, conditioned or delayed) and maintenance, each at Tenant’s sole cost and expense, subject to the application of the TI Allowance, satellite dishes/antennae on the roof of the Building (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) (all such equipment is defined collectively as the “Telecommunications Equipment”), as well as the installation, use and maintenance of HVAC equipment, conduit and other related equipment (the “Ancillary Equipment”) (Telecommunications Equipment and Ancillary Equipment, collectively the “Roof Equipment”). In installing and maintaining any Roof Equipment, Tenant shall (i) take no action which would void any existing warranties for the Premises or the Building or any systems or equipment serving the Premises or the Building; and (ii) coordinate with Landlord’s roof contractor prior to installation of any Roof Equipment to ensure that existing warranties shall not be violated. Prior to the installation of any Roof Equipment by Tenant, Tenant shall provide Landlord with all applicable plans and specifications related to such Roof Equipment and Tenant shall first obtain the consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Landlord makes no representations or warranties whatsoever with respect to the condition of the roof of the Building, or the fitness or suitability of the roof of the Building for the installation, maintenance and operation of the Telecommunications Equipment or the Ancillary Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. Tenant shall maintain such Telecommunications Equipment and Ancillary Equipment in good repair and condition at Tenant’s sole cost and expense. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination of the Lease, and shall return the affected portion of the roof and the Premises to the condition the roof and the Premises would have been in had no such Telecommunications Equipment (reasonable wear and tear excepted) been installed. Removal of any Ancillary Equipment shall be in accordance with Section 6.06. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment and/or Ancillary Equipment, and Landlord shall have no liability therewith. Such Telecommunications Equipment and Ancillary Equipment shall, in all instances, comply with Applicable Laws. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE ROOF EQUIPMENT, AND TENANT HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS AND LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE PARTIAL NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES OR AGENTS). Riders-9 Exhibit “A” Land Legal Description Parcel 2 as shown on that certain map entitled “Parcel Map for Panattoni Development Company, Inc.” filed June 9, 2016 in Book 51 of Maps, at Page 64-65, Xxxxxx County Records, as further depicted on the Premises Site Plan attached to the Lease as Exhibit C. Exhibit “B” Tenant LEED Compliance Requirements Tenant Design & Construction Guidelines Gateway 80 - Building A 0000 Xxxxxxxx Xx. Fairfield, CA 94534 Tenant Space Requirements In order to fulfill the LEED-CS v2009 requirements, tenants will be responsible for meeting certain criteria for the LEED credits as described in this section. These are required of all tenants during the build-out of their respective spaces. Tenant are encouraged, but are not required, to pursue additional green building strategies, including those outlined by the LEED for Commercial Interiors Rating System. The following requirements are formatted into to four (4) categories of the U.S. Green Building Council (“USGBC”) Leadership in Energy and Environmental Design (“LEED”) green building rating system:

Appears in 2 contracts

Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

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Roof. Tenant shall have, at Tenant’s sole risk, use of the Building’s roof in compliance with all Applicable Laws, the CC&Rs and applicable terms Notwithstanding any provision of this Lease including without limitationto the contrary, installation Landlord hereby reserves to itself and its designees all rights of access, use and occupancy of the Building 3 roof necessary for Landlord’s maintenance and repair thereof, and Tenant shall have no right of access, use or occupancy of the Building 3 roof except (with if at all) to the prior approval of Landlord, not extent provided in this Paragraph 4.14 or as otherwise required in order to be unreasonably withheld, conditioned or delayed) and maintenance, each at enable Tenant to perform Tenant’s maintenance and repair obligations pursuant to this Lease. Subject to Tenant’s restoration and repair obligations under Paragraph 2.6, Tenant at its sole cost and expense, subject expense shall have the right to the application of the TI Allowance, satellite dishes/antennae install on the roof of the Building (and reasonable equipment and cabling related thereto)3, for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) (all such equipment is defined collectively as the “Telecommunications Equipment”)satellite dishes, as well as the installationtelevision antennas, use and maintenance of supplemental HVAC equipment, conduit solar panels, and related receiving equipment, related cable connections and any and all other related equipment (the collectively, Ancillary Rooftop Equipment”) (Telecommunications Equipment and Ancillary Equipment, collectively the “Roof Equipment”). In installing and maintaining any Roof Equipment, Tenant shall (i) take no action which would void any existing warranties for the Premises or the Building or any systems or equipment serving the Premises or the Building; and (ii) coordinate with Landlord’s roof contractor prior to installation of any Roof Equipment to ensure that existing warranties shall not be violated. Prior to the installation of any Roof Equipment by Tenant, Tenant shall provide Landlord with all applicable plans and specifications related to such Roof Equipment and Tenant shall first obtain the consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Landlord makes no representations or warranties whatsoever with respect to the condition of the roof of the Building, or the fitness or suitability of the roof of the Building for the installation, maintenance and operation of the Telecommunications Equipment or the Ancillary Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. Tenant shall maintain such Telecommunications Equipment and Ancillary Equipment in good repair and condition at Tenant’s sole cost and expense. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination of the Lease, and shall return the affected portion of the roof and the Premises to the condition the roof and the Premises would have been in had no such Telecommunications Equipment (reasonable wear and tear excepted) been installed. Removal of any Ancillary Equipment shall be in accordance with Section 6.06. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of the roof or roof membrane, specifically including any penetrations, required in connection with Tenant’s installationcommunications and data transmission network, usein an area to be designated by Landlord, maintenance and/or repair provided such installation does not impact the structural integrity of Building 3 nor void or negatively impact any applicable warranties. Tenant shall supply Landlord with detailed plans and specifications of the Rooftop Equipment prior to the installation thereof for Landlord’s review and approval. Furthermore, Tenant shall have secured Landlord’s approval and the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such Telecommunications Equipment and/or Ancillary approvals and permits for the Rooftop Equipment, and shall provide copies of such approvals and permits to Landlord prior to commencing any work with respect to such Rooftop Equipment. Tenant shall have no liability therewith. Such Telecommunications Equipment pay for any and Ancillary Equipment shallall costs and expenses in connection with, in and shall repair all instances, comply with Applicable Laws. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE ROOF EQUIPMENT, AND TENANT HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS AND LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE PARTIAL NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES OR AGENTS). Riders-9 Exhibit “A” Land Legal Description Parcel 2 as shown on that certain map entitled “Parcel Map for Panattoni Development Company, Inc.” filed June 9, 2016 in Book 51 of Maps, at Page 64-65, Xxxxxx County Records, as further depicted on the Premises Site Plan attached damage to the Lease as Exhibit C. Exhibit “B” Tenant LEED Compliance Requirements Tenant Design & Construction Guidelines Gateway 80 - Building A 0000 Xxxxxxxx Xx. Fairfieldroof resulting from, CA 94534 Tenant Space Requirements In order to fulfill the LEED-CS v2009 requirementsinstallation, tenants will be responsible for meeting certain criteria for the LEED credits as described in this section. These are required of all tenants during the build-out of their respective spaces. Tenant are encouragedmaintenance, but are not required, to pursue additional green building strategies, including those outlined by the LEED for Commercial Interiors Rating System. The following requirements are formatted into to four (4) categories use and removal of the U.S. Green Building Council (“USGBC”) Leadership in Energy and Environmental Design (“LEED”) green building rating system:Rooftop Equipment.

Appears in 1 contract

Samples: By And (Kodiak Sciences Inc.)

Roof. Tenant shall have, at Tenant’s sole risk, use of the Building’s roof in compliance with all Applicable Laws, the CC&Rs and applicable terms Notwithstanding any provision of this Lease including without limitationto the contrary, installation Landlord hereby reserves to itself and its designees all rights of access, use and occupancy of the Building 4 roof necessary for Landlord’s maintenance and repair thereof, and Tenant shall have no right of access, use or occupancy of the Building 4 roof except (with if at all) to the prior approval of Landlord, not extent provided in this Paragraph 4.14 or as otherwise required in order to be unreasonably withheld, conditioned or delayed) and maintenance, each at enable Tenant to perform Tenant’s maintenance and repair obligations pursuant to this Lease. Subject to Tenant’s restoration and repair obligations under Paragraph 2.6, Tenant at its sole cost and expense, subject expense shall have the right to the application of the TI Allowance, satellite dishes/antennae install on the roof of the Building (and reasonable equipment and cabling related thereto)4, for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) (all such equipment is defined collectively as the “Telecommunications Equipment”)satellite dishes, as well as the installationtelevision antennas, use and maintenance of supplemental HVAC equipment, conduit solar panels, and related receiving equipment, related cable connections and any and all other related equipment (the collectively, Ancillary Rooftop Equipment”) (Telecommunications Equipment and Ancillary Equipment, collectively the “Roof Equipment”). In installing and maintaining any Roof Equipment, Tenant shall (i) take no action which would void any existing warranties for the Premises or the Building or any systems or equipment serving the Premises or the Building; and (ii) coordinate with Landlord’s roof contractor prior to installation of any Roof Equipment to ensure that existing warranties shall not be violated. Prior to the installation of any Roof Equipment by Tenant, Tenant shall provide Landlord with all applicable plans and specifications related to such Roof Equipment and Tenant shall first obtain the consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Landlord makes no representations or warranties whatsoever with respect to the condition of the roof of the Building, or the fitness or suitability of the roof of the Building for the installation, maintenance and operation of the Telecommunications Equipment or the Ancillary Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. Tenant shall maintain such Telecommunications Equipment and Ancillary Equipment in good repair and condition at Tenant’s sole cost and expense. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination of the Lease, and shall return the affected portion of the roof and the Premises to the condition the roof and the Premises would have been in had no such Telecommunications Equipment (reasonable wear and tear excepted) been installed. Removal of any Ancillary Equipment shall be in accordance with Section 6.06. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of the roof or roof membrane, specifically including any penetrations, required in connection with Tenant’s installationcommunications and data transmission network, usein an area to be designated by Landlord, maintenance and/or repair provided such installation does not impact the structural integrity of Building 4 nor void or negatively impact any applicable warranties. Tenant shall supply Landlord with detailed plans and specifications of the Rooftop Equipment prior to the installation thereof for Landlord’s review and approval. Furthermore, Tenant shall have secured Landlord’s approval and the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such Telecommunications Equipment and/or Ancillary approvals and permits for the Rooftop Equipment, and shall provide copies of such approvals and permits to Landlord prior to commencing any work with respect to such Rooftop Equipment. Tenant shall have no liability therewith. Such Telecommunications Equipment pay for any and Ancillary Equipment shallall costs and expenses in connection with, in and shall repair all instances, comply with Applicable Laws. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE ROOF EQUIPMENT, AND TENANT HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS AND LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE PARTIAL NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES OR AGENTS). Riders-9 Exhibit “A” Land Legal Description Parcel 2 as shown on that certain map entitled “Parcel Map for Panattoni Development Company, Inc.” filed June 9, 2016 in Book 51 of Maps, at Page 64-65, Xxxxxx County Records, as further depicted on the Premises Site Plan attached damage to the Lease as Exhibit C. Exhibit “B” Tenant LEED Compliance Requirements Tenant Design & Construction Guidelines Gateway 80 - Building A 0000 Xxxxxxxx Xx. Fairfieldroof resulting from, CA 94534 Tenant Space Requirements In order to fulfill the LEED-CS v2009 requirementsinstallation, tenants will be responsible for meeting certain criteria for the LEED credits as described in this section. These are required of all tenants during the build-out of their respective spaces. Tenant are encouragedmaintenance, but are not required, to pursue additional green building strategies, including those outlined by the LEED for Commercial Interiors Rating System. The following requirements are formatted into to four (4) categories use and removal of the U.S. Green Rooftop Equipment. Building Council (“USGBC”) Leadership in Energy and Environmental Design (“LEED”) green building rating system:4

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Kodiak Sciences Inc.)

Roof. In addition to the other rights granted by this Agreement, ---- Tenant shall have, at Tenant’s sole risk, use have the exclusive right (non-exclusive upon the happening of any one or more of the Building’s roof in compliance with all Applicable Lawsfollowing: an Event of Default has occurred and is continuing, or Landlord has terminated Tenant's right to possession of the CC&Rs and applicable terms Demised Premises pursuant to Paragraph 26(b)(ii) hereof), but not the obligation, for the duration of the term of this Lease including without limitationLease, installation (with the prior approval of Landlorda) to install, not to be unreasonably withheld, conditioned or delayed) maintain and maintenance, each at Tenant’s sole cost and expense, subject to the application of the TI Allowance, satellite dishes/antennae operate on the roof of the Building (the "Roof") one or more satellite dishes and reasonable equipment related communications equipment, for transmission and cabling related theretoreception of communications (including but not limited to data and voice), for receiving of signals or broadcasts and related plenum-rated cabling (as opposed to the generation or transmission of any such signals or broadcasts) (all such equipment is defined collectively as the “Telecommunications Equipment”collectively, "Antenna"), as well as and (b) to install, maintain and operate on the installation, use and maintenance of Roof supplemental HVAC equipment, conduit and other related equipment plenum-rated cabling (collectively, "Supplemental Equipment"). The locations for the Antenna and the Supplemental Equipment shall be subject to Landlord's approval, which approval Landlord agrees not to unreasonably withhold, condition or delay. Tenant must obtain the prior approval of Landlord of the type and size of the Antenna (the “Ancillary Equipment”Antenna may not exceed five feet in diameter) (Telecommunications Equipment and Ancillary Supplemental Equipment, collectively of the “Roof Equipment”). In installing plans and maintaining any Roof specifications for the connections to the Demised Premises, and of the plans for the installation (including without limitation screening) of the Antenna and Supplemental Equipment, which approvals Landlord agrees not to unreasonably withhold, condition or delay. All costs of installation, upgrading, maintenance, security and removal (Tenant shall always have the right to remove the Antenna and Supplemental Equipment; Landlord may require that Tenant remove all or any portion of the Antenna and the Supplemental Equipment upon expiration or termination of this Lease) and any required repairs to the Building due to the installation or removal of the Antenna or the Supplemental Equipment, shall be paid by Tenant. If an Event of Default has occurred under this Lease or Landlord has terminated Tenant's right to possession of the Demised Premises pursuant to Paragraph 26(b)(ii) hereof, Tenant's right to install the Antenna and Supplemental Equipment pursuant to this provision shall be non-exclusive and in such event Landlord may use any other portion of the Roof for its own communication equipment or may allow other tenants or third parties to use any other portion of the Roof, so long as such other equipment does not interfere with the operation of Tenant's Antenna and Supplemental Equipment. If Tenant's rights hereunder become non-exclusive, the Antenna and Supplemental Equipment shall not interfere with the operation of any other telecommunication equipment existing on the Roof or elsewhere in the Project (ior any telecommunication equipment planned for installation on the Roof or elsewhere in the Project) at the time the Antenna or Supplemental Equipment, as the case may be, is installed, so long as Landlord provides Tenant with a description of the type, location and function of such existing or planned equipment at the time of Tenant's request for approval of the Antenna or Supplemental Equipment. Tenant shall not take no any action which would void or otherwise impair the effectiveness of Landlord's roof warranty. Subject to the waivers contained in this Lease, and except to the extent caused by the negligence or willful misconduct of Landlord, its employees, agents, contractors or licensees, Tenant hereby indemnifies Landlord from all claims, damages, costs and expenses arising out of the installation, maintenance, use or removal of the Antenna or Supplemental Equipment by Tenant. Tenant hereby waives any existing warranties and all claims against Landlord arising out of damage, destruction or theft of the Antenna or Supplemental Equipment or any portion thereof, regardless of the cause (other than the negligence or willful misconduct of Landlord, its employees, agents, contractors or licensees). Tenant may also use the risers, conduits and towers in the Building, subject to reasonable space limitations and Landlord's reasonable requirements for use of such areas and subject to Landlord's prior approval of the installation and exact location thereof (which approval Landlord agrees not to unreasonably withhold, condition or delay), for purposes of installing cabling from the Antenna to the Demised Premises or in the interior of the Building or any systems or equipment serving installing piping from the Supplemental Equipment to the Demised Premises or in the interior of the Building; and (ii) coordinate with Landlord’s roof contractor prior to installation of any Roof Equipment to ensure that existing warranties . Landlord shall not be violated. Prior to the installation of charge Tenant any Roof Equipment by Tenant, Tenant shall provide Landlord with all applicable plans and specifications related to such Roof Equipment and Tenant shall first obtain the consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Landlord makes no representations or warranties whatsoever rent with respect to the condition of Antenna or Supplemental Equipment. Landlord reserves the roof of the Buildingright to require Tenant, or the fitness or suitability of the roof of the Building for the installation, maintenance and operation of the Telecommunications Equipment or the Ancillary Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. Tenant shall maintain such Telecommunications Equipment and Ancillary Equipment in good repair and condition at Tenant’s 's sole cost cost, to relocate the Antenna or Supplemental Equipment temporarily to a location, as regards the Antenna, providing Tenant comparable reception and expense. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination of the Lease, and shall return the affected portion of the roof and the Premises to the condition the roof and the Premises would have been in had no such Telecommunications Equipment (reasonable wear and tear excepted) been installed. Removal of any Ancillary Equipment shall be in accordance with Section 6.06. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of the roof or roof membrane, specifically including any penetrations, transmission capabilities if necessary in connection with Tenant’s installationrepairs, usereplacement, maintenance and/or repair of such Telecommunications Equipment and/or Ancillary Equipment, and Landlord shall have no liability therewith. Such Telecommunications Equipment and Ancillary Equipment shall, in all instances, comply with Applicable Laws. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE ROOF EQUIPMENT, AND TENANT HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS AND LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE PARTIAL NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES OR AGENTS). Riders-9 Exhibit “A” Land Legal Description Parcel 2 as shown on that certain map entitled “Parcel Map for Panattoni Development Company, Inc.” filed June 9, 2016 in Book 51 of Maps, at Page 64-65, Xxxxxx County Records, as further depicted on the Premises Site Plan attached alterations or improvements to the Lease as Exhibit C. Exhibit “B” Tenant LEED Compliance Requirements Tenant Design & Construction Guidelines Gateway 80 - Building A 0000 Xxxxxxxx Xx. Fairfield, CA 94534 Tenant Space Requirements In order to fulfill the LEED-CS v2009 requirements, tenants will be responsible for meeting certain criteria for the LEED credits as described in this section. These are required of all tenants during the build-out of their respective spaces. Tenant are encouraged, but are not required, to pursue additional green building strategies, including those outlined by the LEED for Commercial Interiors Rating System. The following requirements are formatted into to four (4) categories of the U.S. Green Building Council (“USGBC”) Leadership in Energy and Environmental Design (“LEED”) green building rating system:Roof.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Roof. Tenant shall haveLessor, at Tenant’s sole risk, use of the Building’s roof in compliance with all Applicable Laws, the CC&Rs and applicable terms of this Lease including without limitation, installation (with the prior approval of Landlord, not to be unreasonably withheld, conditioned or delayed) and maintenance, each at Tenant’s Lessor`s sole cost and expense, subject to the application of the TI Allowanceshall perform those actions described, satellite dishes/antennae on the roof of the Building (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) (all such equipment is defined collectively as the “Telecommunications Equipment”), as well as the installation, use and maintenance of HVAC equipment, conduit and other related equipment (the “Ancillary Equipment”) (Telecommunications Equipment and Ancillary Equipment, collectively the “Roof Equipment”). In installing and maintaining any Roof Equipment, Tenant shall (i) take no action which would void any existing warranties for the Premises or the Building or any systems or equipment serving the Premises or the Building; and (ii) coordinate with Landlord’s roof contractor prior to installation of any Roof Equipment to ensure that existing warranties shall not be violated. Prior to the installation of any Roof Equipment by Tenant, Tenant shall provide Landlord with all applicable plans and specifications related to such Roof Equipment and Tenant shall first obtain the consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Landlord makes no representations or warranties whatsoever with respect to the condition including replacing those portions of the roof which are in need of replacement, in the specific locations as shown on Schedule B, attached hereto, on or before the dates listed in Schedule B. Parking Lot. Lessor, at Lessor`s sole cost and expense, shall replace the portion of the Buildingparking lot which is in need of replacement, in the specific location as shown on Schedule C, attached hereto, on or the fitness or suitability before September 1, 2007. Septic System. Lessor, at Lessor`s sole cost and expense, shall, as needed, replace those portions of the roof septic system which are in need of replacement. Subsections (a)-(c) above shall be referred to herein as "Landlord`s Work". In the event that other portions of the Building for roof, parking lot, and septic system, not referenced in Schedule B, Schedule C or Schedule D, respectively, shall require replacement rather than maintenance or repair during the installation, maintenance and operation Term of the Telecommunications Equipment or Lease, such replacement shall be the Ancillary Equipmentresponsibility of Lessor, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. Tenant shall maintain such Telecommunications Equipment and Ancillary Equipment in good repair and condition at Tenant’s Lessor`s sole cost and expense. Tenant Lessor Default. Lessor shall remove be deemed to be in default of this Lease if Lessor shall be in default in the prompt and full performance of any of its promises, covenants or agreements contained in this Lease and such Telecommunications Equipment upon default in performance continues for more than thirty (30) days after written notice thereof from Lessee to Lessor specifying the expiration particulars of such default or earlier termination breach of performance; provided, however, that if the default complained of is of such a nature that the same cannot be rectified or cured within such thirty (30) day period, then such default shall be deemed to be rectified or cured if Lessor, within such thirty (30) day period, shall have commenced such cure and shall continue thereafter with due diligence to cause such cure to be completed. Lessee`s Option to Purchase. Lessee shall have the option to purchase the Leased Premises and the Property (the "Option") from Lessor at anytime during the Term of the Lease. The purchase price shall be the Fair Market Value of the Leased Premises and Property, as hereinafter defined, or $1,100,000, whichever is highest, and shall return be paid by Lessee to Lessor at the affected portion time of closing. If Lessee exercises the Option, Lessor and Xxxxxx shall attempt to agree upon the Fair Market Value using their best good-faith efforts. If Lessor and Lessee fail to reach an agreement within thirty (30) days following Lessee`s exercise of the roof and Option (the Premises to "Outside Agreement Date"), then each party shall make a separate determination of the condition the roof and the Premises would have been in had no such Telecommunications Equipment (reasonable wear and tear excepted) been installed. Removal of any Ancillary Equipment Fair Market Value which shall be submitted to each other and to arbitration in accordance with Section 6.06. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment and/or Ancillary Equipment, and Landlord shall have no liability therewith. Such Telecommunications Equipment and Ancillary Equipment shall, in all instances, comply with Applicable Laws. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE ROOF EQUIPMENT, AND TENANT HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS AND LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE PARTIAL NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES OR AGENTS following items (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES OR AGENTSi) through (vii). Riders-9 Exhibit “A” Land Legal Description Parcel 2 as shown on that certain map entitled “Parcel Map for Panattoni Development Company, Inc.” filed June 9, 2016 in Book 51 of Maps, at Page 64-65, Xxxxxx County Records, as further depicted on the Premises Site Plan attached to the Lease as Exhibit C. Exhibit “B” Tenant LEED Compliance Requirements Tenant Design & Construction Guidelines Gateway 80 - Building A 0000 Xxxxxxxx Xx. Fairfield, CA 94534 Tenant Space Requirements In order to fulfill the LEED-CS v2009 requirements, tenants will be responsible for meeting certain criteria for the LEED credits as described in this section. These are required of all tenants during the build-out of their respective spaces. Tenant are encouraged, but are not required, to pursue additional green building strategies, including those outlined by the LEED for Commercial Interiors Rating System. The following requirements are formatted into to four (4) categories of the U.S. Green Building Council (“USGBC”) Leadership in Energy and Environmental Design (“LEED”) green building rating system:

Appears in 1 contract

Samples: Ceramics Process Systems Corp/De/

Roof. Tenant shall havebe permitted to install solar panels on the roof. Any and all roof penetrations including, but not limited to, installation of solar panels, telecommunications transmission and reception antennas and other such equipment on the roof of the Building shall be performed in compliance with Landlord’s roof warranty, and the cost associated therewith shall be paid by Tenant. Tenant shall be solely responsible to fully obtain all consents and to comply with all obligations under any roof warranty as to the installation, maintenance, repair and removal of such equipment, and shall be solely responsible, at Tenant’s its sole riskcost and expense, use to fix any damage, leaks or wear and tear on the roof relative to the same. Such installation of the solar panels, antennas and equipment are subject to all restriction of record affecting the Premises and all applicable rules, laws and regulations, if any, affecting the Premises. Any such roof penetration or alteration by Tenant shall be done in a manner which will not interfere with the maintenance of the Building by Landlord in an attractive, first class and fully operative condition, shall not void the roof warranty, and shall be installed in such manner that shall not damage the structure of the Building’s . In the event any installation, maintenance, repair or removal of such equipment on the roof in compliance with all Applicable Laws, causes the CC&Rs and applicable terms of this Lease including without limitation, installation (with the prior approval of Landlord, not roof warranty to be unreasonably withheldvoided, conditioned or delayed) Tenant shall thereafter be responsible, at its sole cost and expense, for all maintenance, each repairs and replacements of the roof and roof membrane. In the event of any necessary repairs or maintenance to the roof by Landlord pursuant to the terms hereof, Tenant, at Tenant’s sole cost and expenseexpenses, subject shall be required to the application of the TI Allowance, satellite dishes/antennae remove any equipment installed by Tenant on the roof of the Building (and reasonable equipment and cabling related thereto), necessary for receiving of signals Landlord to complete said repairs or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) (all such equipment is defined collectively as the “Telecommunications Equipment”), as well as the installation, use and maintenance of HVAC equipment, conduit and other related equipment (the “Ancillary Equipment”) (Telecommunications Equipment and Ancillary Equipment, collectively the “Roof Equipment”). In installing and maintaining any Roof Equipment, Tenant shall (i) take no action which would void any existing warranties for the Premises or the Building or any systems or equipment serving the Premises or the Building; and (ii) coordinate with Landlord’s roof contractor prior to installation of any Roof Equipment to ensure that existing warranties shall not be violated. Prior to the installation of any Roof Equipment by Tenant, Tenant shall provide Landlord with all applicable plans and specifications related to such Roof Equipment and Tenant shall first obtain the consent of Landlord, which be responsible for any replacement thereof desired by Tenant following such repair or maintenance. Failure to comply with this Section 5.15 shall not be unreasonably withheld, conditioned or delayed. Landlord makes no representations or warranties whatsoever with respect to the condition of the roof of the Building, or the fitness or suitability of the roof of the Building for the installation, maintenance and operation of the Telecommunications Equipment or the Ancillary Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. Tenant shall maintain such Telecommunications Equipment and Ancillary Equipment in good repair and condition at Tenant’s sole cost and expense. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination a material breach of the Lease, and shall return the affected portion of the roof and the Premises to the condition the roof and the Premises would have been in had no such Telecommunications Equipment (reasonable wear and tear excepted) been installed. Removal of any Ancillary Equipment shall be in accordance with Section 6.06. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment and/or Ancillary Equipment, and Landlord shall have no liability therewith. Such Telecommunications Equipment and Ancillary Equipment shall, in all instances, comply with Applicable Laws. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE ROOF EQUIPMENT, AND TENANT HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS AND LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE PARTIAL NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES OR AGENTS). Riders-9 Exhibit “A” Land Legal Description Parcel 2 as shown on that certain map entitled “Parcel Map for Panattoni Development Company, Inc.” filed June 9, 2016 in Book 51 of Maps, at Page 64-65, Xxxxxx County Records, as further depicted on the Premises Site Plan attached to the Lease as Exhibit C. Exhibit “B” Tenant LEED Compliance Requirements Tenant Design & Construction Guidelines Gateway 80 - Building A 0000 Xxxxxxxx Xx. Fairfield, CA 94534 Tenant Space Requirements In order to fulfill the LEED-CS v2009 requirements, tenants will be responsible for meeting certain criteria for the LEED credits as described in this section. These are required of all tenants during the build-out of their respective spaces. Tenant are encouraged, but are not required, to pursue additional green building strategies, including those outlined by the LEED for Commercial Interiors Rating System. The following requirements are formatted into to four (4) categories of the U.S. Green Building Council (“USGBC”) Leadership in Energy and Environmental Design (“LEED”) green building rating system:.

Appears in 1 contract

Samples: Office Lease (VectoIQ Acquisition Corp.)

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Roof. Tenant shall have, at Tenant’s sole risk, use of the Building’s roof in compliance with all Applicable Laws, the CC&Rs and applicable terms Notwithstanding any provision of this Lease including without limitationto the contrary, installation Landlord hereby reserves to itself and its designees all rights of access, use and occupancy of the Building roof, and Tenant shall have no right of access, use or occupancy of the Building roof except (with if at all) to the prior approval extent provided in this Paragraph 4.14. Exhibit F shows the portion of Landlord, not the roof which Landlord has reserved for rooftop installations by tenants of the Building (the “Available Rooftop Space”). Subject to be unreasonably withheld, conditioned or delayed) and maintenance, each at Tenant’s restoration and repair obligations under Paragraph 2.6, Tenant at its sole cost and expense, subject expense shall have the right to the application of the TI Allowance, satellite dishes/antennae install on the roof of the Building, in a pro rata section of the area designated by Landlord for use by Building (tenants, satellite dishes, television antennas, and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) (all such equipment is defined collectively as the “Telecommunications Equipment”)cable connections, as well as the installation, use and maintenance of supplemental HVAC equipment, conduit and other related equipment (the collectively, Ancillary Rooftop Equipment”) (Telecommunications Equipment required in connection with Tenant’s communications and Ancillary Equipmentdata transmission network and Tenant’s servers, collectively in an area to be designated by Landlord in the “Roof Equipment”)Available Rooftop Space, provided such installation does not impact the structural integrity of the Building nor void or negatively impact any applicable warranties. In installing and maintaining any Roof Equipment, Tenant shall (i) take no action which would void any existing warranties for supply Landlord with detailed plans and specifications of the Premises or the Building or any systems or equipment serving the Premises or the Building; and (ii) coordinate with Landlord’s roof contractor Rooftop Equipment prior to installation of any Roof Equipment to ensure that existing warranties shall not be violated. Prior to the installation of any Roof Equipment by Tenant, Tenant shall provide Landlord with all applicable plans thereof for Landlord’s review and specifications related to such Roof Equipment and Tenant shall first obtain the consent of Landlordapproval, which approval shall not be unreasonably withheld, conditioned conditioned, or delayed. Furthermore, Tenant shall have secured Landlord’s approval and the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Rooftop Equipment, and shall provide copies of such approvals and permits to Landlord makes no representations or warranties whatsoever prior to commencing any work with respect to the condition of such Rooftop Equipment. Tenant shall pay for any and all costs and expenses in connection with, and shall repair all damage to the roof of the Buildingresulting from, or the fitness or suitability of the roof of the Building for the installation, maintenance maintenance, use and operation removal of the Telecommunications Equipment or Rooftop Equipment. The area to be provided to Tenant by Landlord for the Ancillary Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. Tenant shall maintain such Telecommunications Equipment and Ancillary Equipment in good repair and condition at Tenant’s sole cost and expense. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination installation of the Lease, and shall return the affected portion of the roof and the Premises to the condition the roof and the Premises would have been in had no such Telecommunications Equipment (reasonable wear and tear excepted) been installed. Removal of any Ancillary Rooftop Equipment shall be in accordance with Section 6.06. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion no larger than Tenant’s Building Share of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment and/or Ancillary Equipment, and Landlord shall have no liability therewith. Such Telecommunications Equipment and Ancillary Equipment shall, in all instances, comply with Applicable Laws. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE ROOF EQUIPMENT, AND TENANT HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS AND LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE PARTIAL NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES OR AGENTS). Riders-9 Exhibit “A” Land Legal Description Parcel 2 as shown on that certain map entitled “Parcel Map for Panattoni Development Company, Inc.” filed June 9, 2016 in Book 51 of Maps, at Page 64-65, Xxxxxx County Records, as further depicted on the Premises Site Plan attached to the Lease as Exhibit C. Exhibit “B” Tenant LEED Compliance Requirements Tenant Design & Construction Guidelines Gateway 80 - Building A 0000 Xxxxxxxx Xx. Fairfield, CA 94534 Tenant Space Requirements In order to fulfill the LEED-CS v2009 requirements, tenants will be responsible for meeting certain criteria for the LEED credits as described in this section. These are required of all tenants during the build-out of their respective spaces. Tenant are encouraged, but are not required, to pursue additional green building strategies, including those outlined by the LEED for Commercial Interiors Rating System. The following requirements are formatted into to four (4) categories of the U.S. Green Building Council (“USGBC”) Leadership in Energy and Environmental Design (“LEED”) green building rating system:Available Rooftop Space.

Appears in 1 contract

Samples: By and Between (Palo Alto Networks Inc)

Roof. Tenant shall have, at Tenant’s sole risk, use of the Building’s roof in compliance with all Applicable Laws, the CC&Rs and applicable terms Notwithstanding any provision of this Lease including without limitationto the contrary, installation Landlord hereby reserves to itself and its designees all rights of access, use and occupancy of the Building 2 roof, and Tenant shall have no right of access, use or occupancy of the Building 2 roof except (with if at all) to the prior approval of Landlord, not extent provided in this Paragraph 4.14 or as otherwise required in order to be unreasonably withheld, conditioned or delayed) and maintenance, each at enable Tenant to perform Tenant’s maintenance and repair obligations pursuant to this Lease. Subject to Tenant’s restoration and repair obligations under Paragraph 2.6, Tenant at its sole cost and expense, subject expense shall have the right to the application of the TI Allowance, satellite dishes/antennae install on the roof of the Building (and reasonable equipment and cabling related thereto)2, for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) (all such equipment is defined collectively as the “Telecommunications Equipment”)satellite dishes, as well as the installationtelevision antennas, use and maintenance of supplemental HVAC equipment, conduit and related receiving equipment, related cable connections and any and all other related equipment (the collectively, Ancillary Rooftop Equipment”) (Telecommunications Equipment required in connection with Tenant’s business operations within Building 2, in an area to be agreed upon by Landlord and Ancillary EquipmentTenant, collectively provided such installation does not impact the “Roof Equipment”)structural integrity of Building 2 nor void or negatively impact any applicable warranties. In installing and maintaining any Roof Equipment, Tenant shall (i) take no action which would void any existing warranties for supply Landlord with detailed plans and specifications of the Premises or the Building or any systems or equipment serving the Premises or the Building; and (ii) coordinate with Landlord’s roof contractor Rooftop Equipment prior to installation of any Roof Equipment to ensure that existing warranties shall not be violated. Prior to the installation of any Roof Equipment by Tenant, Tenant shall provide Landlord with all applicable plans thereof for Landlord’s review and specifications related to such Roof Equipment and Tenant shall first obtain the consent of Landlordapproval, which approval shall not be unreasonably withheld, conditioned or delayed. Furthermore, Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Rooftop Equipment, and shall provide copies of such approvals and permits to Landlord makes no representations or warranties whatsoever prior to commencing any work with respect to the condition of such Rooftop Equipment. Tenant shall pay for any and all costs and expenses in connection with, and shall repair all damage to the roof of the Buildingresulting from, or the fitness or suitability of the roof of the Building for the installation, maintenance maintenance, use and operation removal of the Telecommunications Equipment or the Ancillary Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. Tenant shall maintain such Telecommunications Equipment and Ancillary Equipment in good repair and condition at Tenant’s sole cost and expense. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination of the Lease, and shall return the affected portion of the roof and the Premises to the condition the roof and the Premises would have been in had no such Telecommunications Equipment (reasonable wear and tear excepted) been installed. Removal of any Ancillary Equipment shall be in accordance with Section 6.06. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment and/or Ancillary Equipment, and Landlord shall have no liability therewith. Such Telecommunications Equipment and Ancillary Equipment shall, in all instances, comply with Applicable Laws. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE ROOF EQUIPMENT, AND TENANT HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS AND LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE PARTIAL NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES OR AGENTS). Riders-9 Exhibit “A” Land Legal Description Parcel 2 as shown on that certain map entitled “Parcel Map for Panattoni Development Company, Inc.” filed June 9, 2016 in Book 51 of Maps, at Page 64-65, Xxxxxx County Records, as further depicted on the Premises Site Plan attached to the Lease as Exhibit C. Exhibit “B” Tenant LEED Compliance Requirements Tenant Design & Construction Guidelines Gateway 80 - Building A 0000 Xxxxxxxx Xx. Fairfield, CA 94534 Tenant Space Requirements In order to fulfill the LEED-CS v2009 requirements, tenants will be responsible for meeting certain criteria for the LEED credits as described in this section. These are required of all tenants during the build-out of their respective spaces. Tenant are encouraged, but are not required, to pursue additional green building strategies, including those outlined by the LEED for Commercial Interiors Rating System. The following requirements are formatted into to four (4) categories of the U.S. Green Building Council (“USGBC”) Leadership in Energy and Environmental Design (“LEED”) green building rating system:.

Appears in 1 contract

Samples: By and Between (Applovin Corp)

Roof. Tenant shall have, at Tenant’s sole risk, use of the Building’s roof in compliance with all Applicable Laws, the CC&Rs and applicable terms Notwithstanding any provision of this Lease including without limitationto the contrary, installation Landlord hereby reserves to itself and its designees all rights of access, use and occupancy of the Building roof, and Tenant shall have no right of access, use or occupancy of the Building roof except (if at all) the roof above Level C and Level D (and Levels A and/or B, but only in the event and to the extent the Leased Premises is expanded to include all of Level A and/or Level B, as applicable) to the extent provided in this Paragraph 4.14 or as otherwise required in order to enable Tenant to perform Tenant’s maintenance and repair obligations pursuant to this Lease. Subject to Tenant’s restoration and repair obligations under Paragraph 2.6, Tenant at its sole cost and expense shall have the right to install on the roof above Level C and Level D, satellite dishes, television antennas, and related receiving equipment and cable connections (collectively, “Roof Communications Equipment”) required in connection with the prior approval of Tenant’s communications and data transmission network, in an area to be designated by Landlord, provided such installation does not impact the structural integrity of the Building nor void or negatively impact any applicable warranties. Tenant shall supply Landlord with detailed plans and specifications of the Roof Communications Equipment prior to the installation thereof for Landlord’s review and approval not to be unreasonably withheld, conditioned conditioned, or delayed) and maintenance, each at Tenant’s sole cost and expense, subject to the application of the TI Allowance, satellite dishes/antennae on the roof of the Building (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) (all such equipment is defined collectively as the “Telecommunications Equipment”), as well as the installation, use and maintenance of HVAC equipment, conduit and other related equipment (the “Ancillary Equipment”) (Telecommunications Equipment and Ancillary Equipment, collectively the “Roof Equipment”). In installing and maintaining any Roof EquipmentFurthermore, Tenant shall (i) take no action which would void any existing warranties have secured Landlord’s approval and the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Premises or the Building or any systems or equipment serving the Premises or the Building; Roof Communications Equipment, and (ii) coordinate with Landlord’s roof contractor shall provide copies of such approvals and permits to Landlord prior to installation of commencing any Roof Equipment to ensure that existing warranties shall not be violated. Prior to the installation of any Roof Equipment by Tenant, Tenant shall provide Landlord work with all applicable plans and specifications related respect to such Roof Equipment and Tenant shall first obtain the consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Landlord makes no representations or warranties whatsoever with respect to the condition of the roof of the Building, or the fitness or suitability of the roof of the Building for the installation, maintenance and operation of the Telecommunications Equipment or the Ancillary Communications Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. Tenant shall maintain such Telecommunications Equipment and Ancillary Equipment in good repair and condition at Tenant’s sole cost and expense. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination of the Lease, and shall return the affected portion of the roof and the Premises to the condition the roof and the Premises would have been in had no such Telecommunications Equipment (reasonable wear and tear excepted) been installed. Removal of any Ancillary Equipment shall be in accordance with Section 6.06. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable pay for any damage to any portion of the roof or roof membrane, specifically including any penetrations, and all costs and expenses in connection with Tenant’s installationwith, use, maintenance and/or repair of such Telecommunications Equipment and/or Ancillary Equipment, and Landlord shall have no liability therewith. Such Telecommunications Equipment and Ancillary Equipment shall, in all instances, comply with Applicable Laws. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE ROOF EQUIPMENT, AND TENANT HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS AND LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE PARTIAL NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES OR AGENTS). Riders-9 Exhibit “A” Land Legal Description Parcel 2 as shown on that certain map entitled “Parcel Map for Panattoni Development Company, Inc.” filed June 9, 2016 in Book 51 of Maps, at Page 64-65, Xxxxxx County Records, as further depicted on the Premises Site Plan attached to the Lease as Exhibit C. Exhibit “B” Tenant LEED Compliance Requirements Tenant Design & Construction Guidelines Gateway 80 - Building A 0000 Xxxxxxxx Xx. Fairfield, CA 94534 Tenant Space Requirements In order to fulfill the LEED-CS v2009 requirements, tenants will be responsible for meeting certain criteria for the LEED credits as described in this section. These are required of all tenants during the build-out of their respective spaces. Tenant are encouraged, but are not required, to pursue additional green building strategies, including those outlined by the LEED for Commercial Interiors Rating System. The following requirements are formatted into to four (4) categories of the U.S. Green Building Council (“USGBC”) Leadership in Energy and Environmental Design (“LEED”) green building rating system:and

Appears in 1 contract

Samples: Purchase and Sale Agreement (Guardant Health, Inc.)

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