Common use of Rooftop License Clause in Contracts

Rooftop License. (a) Landlord hereby grants to Tenant, and Tenant hereby accepts from Landlord, a license (the “Equipment License”) to use a portion of the roof of the Building, determined satisfactory by Landlord in its sole discretion after the date hereof (the “Roof Site”), for purposes of the installation, operation, maintenance and replacement by Tenant, at Tenant’s sole expense, of certain equipment, including, without limitation, heating, ventilating and air conditioning systems (collectively, the “Tenant’s Equipment”). The Equipment License, and Tenant’s right to use and occupy the Roof Site, shall be subject and subordinate in all respects to the terms and conditions of any and all solar power licenses or other agreements that now exist or are hereafter executed, entered into, and/or modified with respect to the Building. (b) Except to the extent caused by the negligence or willful misconduct of Landlord, Landlord shall not be liable for any loss or damage to the Tenant’s Equipment. In no event shall Landlord be liable for consequential damages related to loss or damage to the Tenant’s Equipment. (c) No license fee shall be due in connection with Tenant’s license under this Section 10.24. Tenant shall be responsible for and pay within thirty (30) days following receipt by Tenant of Landlord’s written invoice therefor and any and all additional real and personal property taxes, and any other governmental impositions levied or assessed on the Building or Landlord due solely to the Tenant’s Equipment or the construction, operation or removal thereof. (d) Prior to the initial installation of the Tenant’s Equipment and prior to any subsequent material modification or replacement of the Tenant’s Equipment, Tenant shall submit to Landlord, for Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed), detailed plans showing all Tenant’s Equipment along with the installation and location thereof. All work shall be performed in accordance with applicable governmental authorities and applicable laws and by contractors approved in advance by Landlord (such approval not to be unreasonably withheld, conditioned or delayed). (e) Tenant, at Tenant’s sole expense, shall comply with all applicable laws regarding the operation and maintenance of the Tenant’s Equipment (except with respect to laws generally applicable to the Building), and shall be solely responsible for obtaining and shall obtain and keep in force all permits, licenses and approvals necessary for operation of the Tenant’s Equipment. (f) In connection with the installation and maintenance of the Tenant’s Equipment, Tenant hereby agrees to cooperate with, assist, and use commercially reasonable efforts to comply with any roof warranties for the Building (provided copies have been delivered to Tenant after Tenant’s written request for same) and any requests of the company that issued the Building’s roof warranty. 50 (g) The Tenant’s Equipment shall be and remain Tenant’s property throughout the term of this Lease. Upon the expiration or any sooner termination of the Equipment License, or if Tenant is required to remove the Tenant’s Equipment by any governmental agency having jurisdiction over the Tenant’s Equipment, Tenant shall promptly, at its sole expense, remove all of the Tenant’s Equipment and restore any damage caused by the installation or removal. If Tenant fails to remove such equipment and restore any damage prior to the expiration of the Term, then Landlord shall provide written notice to Tenant of such failure; if Tenant fails to remove such equipment and restore any damage within ten (10) days following such notice, then Landlord may perform such work Tenant’s reasonable cost and expense. [END OF TEXT — SIGNATURE PAGE FOLLOWS]

Rooftop License. (a) Landlord hereby grants Provided that there shall be no Event of Default, Tenant shall have the appurtenant and irrevocable (except upon the expiration or earlier termination of the Lease) right at no additional charge, but otherwise subject to Tenant, the terms and Tenant hereby accepts from Landlord, a license (conditions of the “Equipment License”) Lease and to use a portion of space and structural limitations on the roof of the Building, determined satisfactory to use only such portion(s) of the roof of the Building reasonably designated by Landlord to operate, maintain, repair and replace a certain limited amount (as approved by Landlord in its sole discretion after discretion) of HVAC and telecommunications equipment such as a satellite dishes, microwave dishes and the date hereof (like, in each case only to the “Roof Site”), for purposes of the installation, operation, maintenance and replacement by Tenant, at extent appurtenant to Tenant’s sole expense, of certain equipment, including, without limitation, heating, ventilating and air conditioning systems permitted uses under the Lease (collectively, the “Tenant’s Rooftop Equipment”). The Equipment License, and Tenant’s right to use and occupy the Roof Site, shall be subject and subordinate in all respects to the terms and conditions of any and all solar power licenses or other agreements that now exist or are hereafter executed, entered into, and/or modified with respect to the Building. (b) Except Tenant shall install Rooftop Equipment at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate in its sole discretion and in accordance with all of the provisions of the Original Lease, including without limitation Article 9. Tenant shall not install or operate Rooftop Equipment until it receives prior written approval of the plans for such work in accordance with Article 9. Landlord may withhold approval if the installation or operation of Rooftop Equipment would be expected to damage the structural integrity of the Building or any portion thereof. Tenant shall engage Landlord’s roofer before beginning any rooftop installations or repairs of Rooftop Equipment and shall always comply with the roof warranty governing the protection of the roof and modifications to the extent roof. Tenant shall obtain a letter from Landlord’s roofer following completion of such work stating that the roof warranty remains in effect. Tenant, at its sole cost and expense, shall inspect the areas of the roof affected by its installations (the “Rooftop Installation Areas”) periodically (and at least two times per year) and correct any loose bolts, fittings or other appurtenances and shall repair any damage to the roof caused by the negligence installation or willful misconduct operation of LandlordRooftop Equipment. Tenant shall pay Landlord following a written request therefor, with the next payment of Annual Fixed Rent, (i) all applicable taxes or governmental charges, fees, or impositions imposed on Landlord shall not be liable for any loss or damage to the because of Tenant’s use of the roof and (ii) the amount of any increase in Landlord’s insurance premiums as a result of the installation of Rooftop Equipment. In no event All Rooftop Equipment shall Landlord be liable for consequential damages related to loss reasonably screened or damage to the Tenant’s Equipmentotherwise reasonably designed. (c) No license fee Tenant agrees that the installation, operation and removal of Rooftop Equipment shall be due at its sole risk. Tenant shall indemnify and defend Landlord and Landlord’s agents and employees against any liability, claim or cost, including reasonable attorneys’ fees, incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury arising out of the installation, use, operation, or removal of Rooftop Equipment by Tenant or its employees, agents, contractors, or invitees, including any liability arising out of Tenant’s license under violation of this Section 10.2413. The provisions of this Section 13 shall survive the expiration or earlier termination of the Lease. (d) Upon the expiration or earlier termination of the Lease, Tenant, at its sole cost and expense, shall (i) remove Rooftop Equipment installed during the Term from the roof in accordance with the provisions of the Lease and (ii) leave the Rooftop Installation Areas in good order and repair, reasonable wear and tear excepted. If Tenant does not remove Rooftop Equipment when so required, Landlord may remove and dispose of it and charge Tenant for all costs and expenses incurred. (e) If Rooftop Equipment causes physical damage to the structural integrity of the Building or any portion thereof, Tenant shall reimburse Landlord within ten (10) days of Landlord’s written demand for Landlord’s costs of restoring the portions of the Building so damaged by the Rooftop Equipment. (f) Landlord reserves the right to cause Tenant to relocate any Rooftop Equipment to comparably functional space on the roof by giving Tenant prior notice of such intention to relocate. Tenant shall be responsible arrange for and pay the relocation of Rooftop Equipment within thirty (30) days following receipt by Tenant of after Landlord’s written invoice therefor and any and all additional real and personal property taxesnotice (or, and any other governmental impositions levied in the event of emergency, such shorter period as shall be warranted by the circumstances). In the event Tenant fails to arrange for said relocation within such thirty (30) day period (or assessed on such shorter emergency period, as applicable), Landlord shall have the Building or Landlord due solely right to arrange for the Tenant’s Equipment or relocation of Rooftop Equipment. If the construction, operation or removal thereof. (d) Prior to the initial installation reason for such required location of the Tenant’s Rooftop Equipment and prior under this clause (f) shall be to any subsequent material modification permit Landlord to perform maintenance, repair or replacement of any Building equipment or the Tenant’s Equipmentroof (and/or any component thereof) of the Building, Tenant shall submit to Landlord, for Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed), detailed plans showing all Tenant’s Equipment along with the installation and location thereof. All work such relocation shall be performed in accordance with applicable governmental authorities at the sole cost and applicable laws and by contractors approved in advance by Landlord (expense of Tenant; otherwise. such approval not to relocation will be unreasonably withheld, conditioned or delayed). (e) Tenant, performed at TenantLandlord’s sole expense, shall comply with all applicable laws regarding the operation and maintenance of the Tenant’s Equipment (except with respect to laws generally applicable to the Building), and shall be solely responsible for obtaining and shall obtain and keep in force all permits, licenses and approvals necessary for operation of the Tenant’s Equipment. (f) In connection with the installation and maintenance of the Tenant’s Equipment, Tenant hereby agrees to cooperate with, assist, and use commercially reasonable efforts to comply with any roof warranties for the Building (provided copies have been delivered to Tenant after Tenant’s written request for same) and any requests of the company that issued the Building’s roof warranty. 50 (g) The Tenant’s Equipment shall be and remain Tenant’s property throughout the term of this Lease. Upon the expiration or any sooner termination of the Equipment License, or if Tenant is required to remove the Tenant’s Equipment by any governmental agency having jurisdiction over the Tenant’s Equipment, Tenant shall promptly, at its sole expense, remove all of the Tenant’s Equipment and restore any damage caused by the installation or removal. If Tenant fails to remove such equipment and restore any damage prior to the expiration of the Term, then Landlord shall provide written notice to Tenant of such failure; if Tenant fails to remove such equipment and restore any damage within ten (10) days following such notice, then Landlord may perform such work Tenant’s reasonable cost and expense. [END OF TEXT — SIGNATURE PAGE FOLLOWS].

Rooftop License. (a) Landlord hereby grants to Tenant, and Tenant hereby accepts from Landlord, a license (the “Equipment License”) to use a portion of the roof of the Building, determined satisfactory by Landlord in its sole discretion after the date hereof (the “Roof Site”), for purposes of the installation, operation, maintenance and replacement by Tenant, at Tenant’s sole expense, of certain equipment, including, without limitation, heating, ventilating and air conditioning systems (collectively, the “Tenant’s Equipment”). The Equipment License, and Tenant’s right to use and occupy the Roof Site, shall be subject and subordinate in all respects to the terms and conditions of any and all solar power licenses or other agreements that now exist or are hereafter executed, entered into, and/or modified with respect to the Building. (b) Except to the extent caused by the negligence or willful misconduct of Landlord, Landlord shall not be liable for any loss or damage to the Tenant’s Equipment. In no event shall Landlord be liable for consequential damages related to loss or damage to the Tenant’s Equipment. (c) No license fee shall be due in connection with Tenant’s license under this Section 10.24. Tenant shall be responsible for and pay within thirty (30) days following receipt by Tenant of Landlord’s written invoice therefor and any and all additional real and personal property taxes, and any other governmental impositions levied or assessed on the Building or Landlord due solely to the Tenant’s Equipment or the construction, operation or removal thereof. (d) Prior to the initial installation of the Tenant’s Equipment and prior to any subsequent material modification or replacement of the Tenant’s Equipment, Tenant shall submit to Landlord, for Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed), detailed plans showing all Tenant’s Equipment along with the installation and location thereof. All work shall be performed in accordance with applicable governmental authorities and applicable laws and by contractors approved in advance by Landlord (such approval not to be unreasonably withheld, conditioned or delayed). (e) Tenant, at Tenant’s sole expense, shall comply with all applicable laws regarding the operation and maintenance of the Tenant’s Equipment (except with respect to laws generally applicable to the Building), and shall be solely responsible for obtaining and shall obtain and keep in force all permits, licenses and approvals necessary for operation of the Tenant’s Equipment. (f) In connection with the installation and maintenance of the Tenant’s Equipment, Tenant hereby agrees to cooperate with, assist, and use commercially reasonable efforts to comply with any roof warranties for the Building (provided copies have been delivered to Tenant after Tenant’s written request for same) and any requests of the company that issued the Building’s roof warranty. 50. (g) The Tenant’s Equipment shall be and remain Tenant’s property throughout the term of this Lease. Upon the expiration or any sooner termination of the Equipment License, or if Tenant is required to remove the Tenant’s Equipment by any governmental agency having jurisdiction over the Tenant’s Equipment, Tenant shall promptly, at its sole expense, remove all of the Tenant’s Equipment and restore any damage caused by the installation or removal. If Tenant fails to remove such equipment and restore any damage prior to the expiration of the Term, then Landlord shall provide written notice to Tenant of such failure; if Tenant fails to remove such equipment and restore any damage within ten (10) days following such notice, then Landlord may perform such work Tenant’s reasonable cost and expense. [END OF TEXT — SIGNATURE PAGE FOLLOWS].