Common use of Rooftop Deck Clause in Contracts

Rooftop Deck. Provided there is no Tenant Default then in effect, and provided further that Tenant complies with all zoning and other municipal and county rules and regulations, Tenant shall have the right, at Tenant’s own cost and expense and subject to the terms hereof, to construct a deck on the roof of the Building (the “Rooftop Deck”) for the sole use of Tenant’s employees and their invitees; the Rooftop Deck shall not be used for public gatherings. Tenant shall be solely responsible for obtaining any necessary permits and licenses required to construct and operate the Rooftop Deck. Copies of all such permits and licenses shall be provided to Landlord prior to the start of construction on the Rooftop Deck. All construction must comply with all Landlord and governmental safety, security, and insurance requirements. The Rooftop Deck must be maintained in good condition and repair, at Tenant’s sole cost and expense, and be kept in a clean condition by Tenant at all times. Any increase in Landlord’s insurance costs due to the construction or use of the Rooftop Deck shall be borne solely by the Tenant. The design and manner of installation of the Rooftop Deck shall be approved by Landlord prior to any work being performed on the Rooftop Deck, which approval shall not be unreasonably withheld, conditioned, or delayed. After obtaining written approval of Landlord, Tenant shall have reasonable access to the roof to construct the Rooftop Deck. However, unless otherwise approved by Landlord in writing, in no event shall Tenant be permitted to penetrate the roof membrane in connection with the construction of the Rooftop Deck. No permitted roof penetration shall be made so as to invalidate Landlord’s roof warranty. Tenant shall also be solely responsible to make (or reimburse Landlord, at Landlord’s option, for the making of) any repairs necessary to repair subsequent leaks occasioned by the construction and installation of the Rooftop Deck. Notwithstanding the grant of this right, Landlord shall maintain control over the roof of the Building, and nothing herein shall be deemed Landlord’s consent for Tenant to use the roof for any other purpose than the installation, operation, maintenance, and use of the Rooftop Deck in conjunction with Tenant’s lease of the Premises. Under no circumstances shall Tenant rent the Rooftop Deck or cause it to be available to third (3rd) parties.

Rooftop Deck. Provided there is no Tenant Default then in effect, and provided further that Tenant complies with all zoning and other municipal and county rules and regulations, Tenant shall have the right, at Tenant’s own cost and expense and subject exclusive right to the terms hereof, to construct install a deck on the roof of the Building (the “Rooftop Deck”) for the sole use of Tenant’s 's employees and their invitees; the Rooftop Deck as a "break" area. The deck shall not exceed six thousand (6,000) square feet in area and shall be used for public gatheringslocated on the roof in an area approved by Landlord which approval Landlord shall not unreasonably withhold. Installation and maintenance of the deck shall be at Tenant's sole expense, and shall be subject to all of the requirements with respect to alterations set forth in Section 11 of this Lease. Tenant shall be solely responsible strictly liable for obtaining the repair of and payment for any necessary permits and licenses required to construct and operate the Rooftop Deck. Copies of all such permits and licenses shall be provided to Landlord prior to the start of construction on the Rooftop Deck. All construction must comply with all Landlord and governmental safety, security, and insurance requirements. The Rooftop Deck must be maintained in good condition and repair, at Tenant’s sole cost and expense, and be kept in a clean condition damages caused by Tenant at all times. Any increase in Landlord’s insurance costs due to the construction or resulting from roof damage caused by installation or use of the Rooftop Deck shall be borne solely by the Tenantdeck. The design Construction and manner of installation use of the Rooftop Deck deck shall be approved comply with all applicable safety regulations, building codes, and any requirements or restrictions imposed by Landlord prior to any work being performed on insurer issuing liability or property insurance in connection with the Rooftop Deck, which approval shall not be unreasonably withheld, conditioned, or delayedBuilding. After obtaining written approval of Landlord, Tenant shall have reasonable understands that access to the roof of the Building is limited. Landlord shall have no obligation to construct improve such access. In the Rooftop Deck. Howeverevent such access is required to be improved due to the application of the Americans with Disabilities Act or pursuant to any other law, Tenant shall at its sole expense effect such access improvements unless otherwise approved the improvements are required solely as a result of use of the rooftop by Landlord in writing, in no event shall Tenant be permitted or another tenant of Landlord. If the access improvements are required due to penetrate the roof membrane in connection with the construction a combination of the Rooftop Deckuse by Tenant and other tenants or Landlord, then the cost to effect such access improvements will be equitably divided between the relevant parties in a manner determined by Landlord. No permitted roof penetration If the access improvements would not be required if Tenant ceased use of the rooftop deck, then Tenant shall be made so as to invalidate Landlord’s roof warranty. Tenant shall also be solely responsible relieved of any obligation to make (or reimburse Landlord, at Landlord’s option, for such access improvements if Tenant agrees to cease use of the making of) any repairs necessary to repair subsequent leaks occasioned rooftop deck and complies with such requirements as may be imposed by the construction and installation relevant governing agency as a condition of rescinding the Rooftop Deckrequirement of access improvements. Notwithstanding For all purposes under this Lease, the grant of this right, Landlord shall maintain control over the roof of the Building, and nothing herein rooftop deck shall be deemed Landlord’s consent for Tenant to use the roof for any other purpose than the installation, operation, maintenance, and use of the Rooftop Deck in conjunction with Tenant’s lease part of the Premises. Under no circumstances , provided, however, Tenant shall Tenant rent the Rooftop Deck not be required to pay any additional Basic Rent or cause it to be available to third (3rd) partiesany greater Pro Rata Share of Excess Operational Expenses as a result of such rooftop deck.

Rooftop Deck. Provided there is no Tenant Default then in effect, and provided further that Tenant complies Subject to Tenant’s compliance with all zoning applicable Laws and other municipal and county rules and regulationsthis Section 23.2, Tenant shall have the right, at Tenant’s own cost and expense and subject right to the terms hereof, to construct use a deck on portion of the roof of the Building to install a deck (the “Rooftop Roof Deck”) for the sole use purpose of providing outside lounge space and meeting space for Tenant’s employees employees, invitees, guests, and their invitees; the Rooftop Deck visitors, and for receptions. Tenant shall not be used entitled to use the Roof Deck for public gatheringsany other purpose whatsoever. Tenant shall be solely responsible for obtaining any Landlord makes no representation that necessary permits and licenses required approvals to construct install the Roof Deck can be obtained or that Tenant’s use of the Roof Deck is permitted by governmental laws, rules and operate regulations. The installation of the Rooftop Roof Deck. Copies of all such permits and licenses , if at all, shall be provided made after the completion of the Tenant Improvements and shall constitute an Alteration to Landlord prior to the start of construction on the Rooftop Deck. All construction must comply with all Landlord and governmental safety, security, and insurance requirements. The Rooftop Deck must be maintained in good condition and repairperformed by Tenant, at Tenant’s sole cost and expense, in accordance with and be kept in a clean condition by Tenant at all times. Any increase in Landlord’s insurance costs due subject to the construction provisions of Article 8 above. The portion of the roof of the Building where the Roof Deck is situated shall be deemed to be a portion of the Premises; consequently, all of the provisions of the Lease with respect to Tenant’s obligations hereunder shall apply to the installation, use, maintenance and cleaning of the Roof Deck, including without limitation, provisions relating to compliance with requirements as to insurance, indemnity, repairs and maintenance; provided, however, Tenant shall not be required to pay any Base Rent or Additional Rent for the use of the Rooftop Roof Deck nor shall such area be included with any rentable area calculations for purposes of this Lease. Landlord may require that Tenant install, at Tenant’s expense, safety fencing or other perimeter boundary improvements to separate the Roof Deck from the remaining areas of the roof. The cost of installing and maintaining the Roof Deck shall be borne solely by the Tenant. The design Tenant shall be responsible for all taxes and manner charges imposed for any of installation Tenant’s personal property in the Roof Deck and shall comply with all rules and regulations promulgated by Landlord with regard to Tenant’s use of the Rooftop Deck shall be approved by Landlord prior to any work being performed on the Rooftop Roof Deck, which approval . Tenant shall not be unreasonably withheld, conditioned, or delayed. After obtaining make any alterations to the Roof Deck without the prior written approval consent of Landlord, Tenant shall have reasonable access to the roof to construct the Rooftop Deck. However, unless otherwise approved which consent may be withheld by Landlord in writing, in no event shall Tenant be permitted to penetrate the roof membrane in connection with the construction its sole and absolute discretion. Unless required as part of the Rooftop Deck. No permitted roof penetration shall be made so as to invalidate Landlord’s roof warranty. Tenant shall also be solely responsible to make (or reimburse Landlord, at Landlord’s option, governmental approvals for the making of) any repairs necessary to repair subsequent leaks occasioned by the construction and installation of the Rooftop Deck. Notwithstanding the grant of this right, Landlord shall maintain control over the roof of the Building, and nothing herein shall be deemed Landlord’s consent for Tenant to use the roof for any other purpose than the installation, operation, maintenance, and use of the Rooftop Roof Deck, Tenant shall not be required to remove the Roof Deck in conjunction with Tenant’s lease at the expiration or earlier termination of the Premises. Under no circumstances shall Tenant rent the Rooftop Deck or cause it to be available to third (3rd) partiesthis Lease.