Common use of Rooftop Rights Clause in Contracts

Rooftop Rights. (a) Tenant shall be permitted, in locations on the roof of the Building as approved by Landlord in writing in advance, to install, operate, maintain, repair and remove, all at Tenant’s sole cost and expense and for use solely by Tenant in connection with its business operations conducted in the Premises and not for use by non-occupant third parties, telecommunications and data processing equipment (including but not limited to satellite dishes, cell boosters and antennae), and related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have the right to permit other tenants of the Building to lease space on the roof of the Building for such other party’s own rooftop antennae, satellite dishes and other telecommunications equipment to be used in the conduct of such tenant’s business operations in the Building and not elsewhere, provided that (i) Tenant shall continue to have full access to the Rooftop Communications Equipment, (ii) Tenant’s right to install, use, improve, add to and replace Rooftop Communications Equipment shall be non-exclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in Tenant’s reasonable judgment, interfere with Tenant’s use of the Rooftop Communications Equipment which is then in place.

Appears in 2 contracts

Samples: Lease (Vigil Neuroscience, Inc.), Lease (Vigil Neuroscience, Inc.)

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Rooftop Rights. (a) Provided that Tenant shall be permitted, remains in locations on the roof occupancy of the entire Premises, then in accordance with, and subject to, (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Building as approved by Landlord standards therefor, and (C) the TCCs set forth in writing in advanceArticle 8 of this Lease and this Section 29.40, to Tenant may install, operaterepair, maintainmaintain and use, repair and remove, all at Tenant’s sole cost and expense and for use solely by Tenant in connection with its business operations conducted in the Premises and not for use by non-occupant third parties, telecommunications and data processing equipment (including but not limited to satellite dishes, cell boosters and antennae), and related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, includingexpense, but not limited to without the payment of any costs for electric power that Tenant uses in the Building for the Rooftop Communications EquipmentBase Rent or similar fee or charge, as separately metered. Landlord shall have the right to permit other tenants of the Building to lease space one (1) satellite dish on the roof of the Building for the sending and receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant from within the Premises (such other partysatellite is defined as the “Rooftop Equipment”). The Rooftop Equipment shall be no larger than (or otherwise occupy a space which is larger than) two feet (2’) high, two feet (2’) long and two feet (2’) wide. Tenant shall be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to costs of electricity and insurance related to the Rooftop Equipment. 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 Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s own rooftop antennaereasonable approval, satellite dishes the location of any such Rooftop Equipment shall be mutually agreed upon by Landlord and other telecommunications equipment Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.40 shall terminate and shall be used of no further force or effect upon the expiration or earlier termination of this Lease, or, in the conduct event Tenant (or a Permitted Transferee Assignee) no longer occupies the Premises. Prior to the expiration or earlier termination of such tenant’s business operations this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will not elsewherebe unreasonably withheld, provided that (i) conditioned, or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall continue remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to have full access a portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Communications Equipment. Such Rooftop Equipment shall, (ii) in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant’s right to install, use, improve, add to and replace install such Rooftop Communications Equipment shall be non-exclusive exclusive, and Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any portion of the rooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use shall not materially interfere with (or preclude the installation of) Tenant’s Rooftop Equipment. Notwithstanding any provision to the contrary contained in this Section 29.40, in no event shall Tenant access the roof of the Building without first receiving Landlord’s prior consent. The rights contained in this Section 29.40 shall be shared on a pro rata basis with personal to the Original Tenant and any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not installPermitted Transferee Assignee, and shall prohibit may only be exercised by the installation and/or operation Original Tenant and any Permitted Transferee Assignee (and not by any other party ofassignee, any additional microwave dishes/earth satellite disks, antennae, towers and/or sublessee or other structures on the roof which would, in transferee of Tenant’s reasonable judgment, interfere with Tenant’s use interest in the Lease) if the Original Tenant or Permitted Transferee Assignee occupies the entire Premises as of the Rooftop Communications Equipment which is then in placedate of the attempted exercise of its rooftop rights set forth herein.

Appears in 2 contracts

Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)

Rooftop Rights. (a) Tenant shall be permittedmay, in locations on the roof of accordance with, and subject to (A) reasonable construction rules and regulations promulgated by Landlord and provided to Tenant, (B) the Building as approved by Landlord standards therefor, and (C) the terms and conditions set forth in writing in advancethis Lease (including, to without limitation, Article 8 and this Article 22), Tenant may install, operaterepair, maintainmaintain and use, repair and remove, all at Tenant’s sole cost and expense and for use solely by Tenant in connection with its business operations conducted in expense, without the Premises and not for use by non-occupant third parties, telecommunications and data processing equipment payment of Rent (including but not limited to satellite dishes, cell boosters and antennae), and related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed costs allowed to be included in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable Direct Expenses pursuant to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes Article 4 of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have the right to permit one (1) or more antenna or other tenants of the Building to lease space telecommunications equipment on the roof of the Building for such other party’s own rooftop antennae, satellite dishes the receiving and other telecommunications equipment to be used in transmitting of signals or broadcasts servicing the conduct of such tenant’s business operations in conducted by Tenant from within the Building and not elsewhere, provided that Premises (i) the “Rooftop Equipment”). Tenant shall continue be solely responsible for any and all costs incurred or arising in connection with the Rooftop Equipment, including but not limited to have full access costs of electricity and insurance related to the Rooftop Communications Equipment, and Tenant shall ensure that such Rooftop Equipment shall not interfere with the operation of (iior preclude the installation of) other equipment on the roof of the Building. Landlord makes no representations or warranties whatsoever with respect to the fitness or suitability of the roof of the Building for the installation, maintenance and operation of the Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance, size and location of the Rooftop Equipment shall be subject to Landlord’s approval, which approval shall not be unreasonably withheld, and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord no less than thirty (30) days’ prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment, including any third-party consultant fees. Tenant’s rights under this Article 22 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease. Prior to the expiration or earlier termination of this Lease, Tenant shall remove any Rooftop Equipment and restore the affected portion of the rooftop to the condition the rooftop would have been in had no such Rooftop Equipment been installed (reasonable wear and tear and damage from casualty that is Landlord’s obligation to repair pursuant to Article 11 excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to any portion of the roof or roof membrane and any penetrations to the roof, except to the extent arising from the gross negligence or willful misconduct of any of the Landlord Parties. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. The Rooftop Equipment shall, in all instances, comply with all applicable laws. Tenant shall not be entitled to license its Rooftop Equipment to any third party other than a Permitted Transferee, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of the Rooftop Area and/or such Rooftop Equipment by any third party, in excess of the sublease rents otherwise payable in accordance with any subletting of all or a portion of the Premises. Tenant’s right to install, use, improve, add to and replace install such Rooftop Communications Equipment shall be non-exclusive with Landlord, and shall be shared on Tenant hereby expressly acknowledges Landlord’s continued right, at Landlord’s sole cost and expense (and not as an Operating Expense) (i) to itself utilize any portion of the rooftop of a pro rata basis with Building, and (ii) to re-sell, license or lease any such rights granted rooftop space to other tenant(s) in an unaffiliated third party; provided that from and after the BuildingsLease Commencement Date, (iii) Landlord shall not installpermit any lessee, and shall prohibit the installation and/or operation by any licensee or [Decipher Biosciences, Inc.] other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in Tenant’s reasonable judgment, permitted user of rooftop space to interfere with Tenant’s use business operations at the Project, Tenant’s Rooftop Equipment, or any of the Rooftop Communications Equipment which is then Tenant’s rights under this Lease in placeconnection with any such activities.

Appears in 2 contracts

Samples: Sorrento Highlands (Decipher Biosciences, Inc.), Sorrento Highlands (Decipher Biosciences, Inc.)

Rooftop Rights. Landlord grants Tenant the appurtenant, non-exclusive, and irrevocable (aexcept upon the expiration or earlier termination of this Lease) Tenant shall be permittedlicense at no additional charge, in locations on but otherwise subject to the terms and conditions of this Lease, to use a portion of the roof of the Building as approved by Landlord in writing in advance, (the “Rooftop Installation Area”) to install, operate, maintain, repair and removereplace a supplemental heating, all at Tenant’s sole cost ventilating and expense and for use solely by Tenant in connection with its business operations conducted in the Premises and not for use by non-occupant third parties, telecommunications and data processing equipment air conditioning unit (including but not limited to satellite dishes, cell boosters and antennaeor units), and related wiring from the roof appurtenant to the interior portions uses permitted under Section 7.1 of the Premises to the extent reasonably necessary Lease (collectively, the “Rooftop Communications EquipmentSupplemental HVAC Unit”), provided the same complies with all Legal Requirements, all Title Matters . The exact location and the provisions layout of the Condominium DocumentsRooftop Installation Area shall be approved by Landlord and Tenant in their reasonable discretion. No rooftop installations other than Rooftop Communications Equipment installed Any electricity consumed by the Supplemental HVAC Unit shall be paid for by Tenant in the manner applicable to electricity to the Premises under this Lease. Tenant shall install the Supplemental HVAC Unit at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate and in accordance with all of the provisions of this Lease, including without limitation Section 9.12 8.3. Tenant shall not install or operate the Supplemental HVAC Unit until it receives prior written approval of the plans for such work in accordance with Section 8.3. Landlord may withhold approval if the installation or operation of the Supplemental HVAC Unit reasonably would be permittedexpected to damage the structural integrity of the Building. The Rooftop Communications Equipment Landlord may condition its approval of the Supplemental HVAC Unit upon Tenant’s structural re-enforcement of the roof as deemed necessary or desirable by Landlord in order to accommodate the Supplemental HVAC Unit. Tenant shall be screened from exterior view in a manner cooperate with Landlord as reasonably acceptable required to Landlord accommodate any re-roofing of the Building during the Term and as may be required by the Town of Watertown. Tenant shall be responsible for all any costs and expenses associated with working around, moving or relating temporarily relocating Tenant’s Roof Equipment. Landlord shall use commercially reasonable efforts to complete any such re-roofing as soon as is practicable. Tenant shall have access to the rooftop for the purposes of exercising its rights and obligations under this Article 17 twenty-four (24) hours per day and seven (7) days per week, subject to Landlord’s reasonable security measures. Tenant shall engage Landlord’s roofer before beginning any rooftop installations or repairs of the Supplemental HVAC Unit, whether under this Article 17 or otherwise, and shall always comply with the roof warranty governing the protection of the roof and modifications to the 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 cause a qualified employee or contractor to inspect the Rooftop Communications EquipmentInstallation Area at least quarterly and as often as recommended by the manufacturer of the Supplemental HVAC Unit and correct any loose bolts, fittings or other appurtenances and shall repair any damage to the roof caused by the installation or operation of the Supplemental HVAC Unit. Tenant shall pay Landlord following a written request therefor, with the next payment of Base Rent, (i) all applicable taxes or governmental charges, fees, or impositions imposed on Landlord because of Tenant’s use of the Rooftop Installation Area and (ii) the amount of any increase in Landlord’s insurance premiums as a result of the installation of the Supplemental HVAC Unit. The Supplemental HVAC Unit shall be screened or otherwise designed so that it is not visible from the ground level of the Property. Unless Landlord notifies Tenant to the contrary at least thirty (30) days prior to the expiration of the Term, the Supplemental HVAC Unit shall be removed by Tenant at its own expense at the expiration or earlier termination of the Term or Tenant’s right to possession hereunder and, in such event, Tenant shall repair any damage caused by such removal. Tenant agrees that the installation, operation and removal of the Supplemental HVAC Unit shall be 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 (except to the extent due to the negligence or willful misconduct of Landlord or its employees, agents or contractors) arising out of the installation, use, operation, maintenance, use, or removal and insuring of the Rooftop Communications Equipment (same being deemed Supplemental HVAC Unit by Tenant or its employees, agents, or contractors, including any liability arising out of Tenant’s personal property violation of this Article 17. The provisions of this paragraph shall survive for purposes one (1) year following the expiration or earlier termination of this Lease). Landlord may have granted and may hereafter grant roof rights to other parties, and shall reimburse Landlord any reasonablepermit installations on the rooftop by other parties, actual out-of-pocket costs incurred by Landlord including other Building tenants in connection therewith, including, but not limited to any costs for electric power the event that Tenant uses is no longer the sole tenant of the Building. If the Supplemental HVAC Unit (i) causes physical damage to the structural integrity of the Building, (ii) materially interferes with any telecommunications, mechanical or other systems located at or servicing the Building or any building, premises or location in the Building for vicinity of the Rooftop Communications EquipmentBuilding, as separately meteredTenant shall promptly cooperate with Landlord or any other tenant or third party making such claim to determine the source of such interference and effect a prompt solution at Tenant’s expense (if the Supplemental HVAC Unit caused such interference or damage). Based on Landlord’s good faith determination that such relocation is necessary, Landlord reserves the right to cause Tenant to relocate the Supplemental HVAC Unit located on the roof to comparably functional space on the roof by giving Tenant prior notice of such intention to relocate. If within thirty (30) days after receipt of such notice Tenant has not agreed with Landlord on the space to which the Supplemental HVAC Unit is to be relocated, the timing of such relocation, and the terms of such relocation, then Landlord shall have the right to permit make all such determinations in its reasonable judgment. Landlord agrees to pay the reasonable cost of moving the Supplemental HVAC Unit to such other tenants space, taking such other steps necessary to ensure comparable functionality of the Building Supplemental HVAC Unit, and finishing such space to lease space on a condition comparable to the roof then condition of the Building for such other party’s own rooftop antennae, satellite dishes and other telecommunications equipment to be used in current location of the conduct of such tenant’s business operations in the Building and not elsewhere, provided that (i) Supplemental HVAC Unit. Tenant shall continue arrange for the relocation of the Supplemental HVAC Unit within sixty (60) days after a comparable space is agreed upon or selected by Landlord, as the case may be. In the event Tenant fails to arrange for said relocation within the sixty (60) day period, Landlord shall have full access to the Rooftop Communications Equipment, (ii) Tenant’s right to installarrange for the relocation of the Supplemental HVAC Unit at Landlord’s expense, use, improve, add to and replace Rooftop Communications Equipment all of which shall be non-exclusive and shall be shared on performed in a pro rata basis with any such rights granted manner designed to other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in Tenant’s reasonable judgment, interfere minimize interference with Tenant’s use business. [remainder of the Rooftop Communications Equipment which is then in place.page left intentionally blank – signatures on following page]

Appears in 2 contracts

Samples: And Attornment Agreement (Kaleido Biosciences, Inc.), And Attornment Agreement (Kaleido Biosciences, Inc.)

Rooftop Rights. (a) Tenant shall be permitted, in locations on the roof of the West Wing of the Building as approved by Landlord in writing in advance, to install, operate, maintain, repair and remove, or Landlord may install on behalf of Tenant, all at Tenant’s sole cost and expense and for use solely by Tenant in connection with its business operations conducted in the Premises and not for use by non-occupant third parties, (i) telecommunications and data processing equipment (including but not limited to satellite dishes, generators, cell boosters and antennae), and related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), and (ii) such supplementary HVAC and other equipment serving solely the Premises, consistent with Tenant’s use of the Premises (collectively, with the Rooftop Communications Equipment, the “Rooftop Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may Landlord. During the Term, Tenant shall not be required by to pay any monthly rental or license fee with respect to Tenant’s Rooftop Space or any of the Town of WatertownRooftop Equipment. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power and HVAC (if any) that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have the right to permit other tenants of the Building to lease space on the roof of the Building for such other party’s own rooftop antennae, satellite dishes and other telecommunications equipment to be used in the conduct of such tenant’s business operations in the Building and not elsewhere, provided that (i) Tenant shall continue to have full access to the Rooftop Communications Equipment, (ii) Tenant’s right to install, use, improve, add to and replace Rooftop Communications Equipment shall be non-exclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof Roof which would, in Tenant’s reasonable judgment, interfere with Tenant’s use of the Rooftop Communications Equipment which is then in place.

Appears in 2 contracts

Samples: Lease (C4 Therapeutics, Inc.), Lease (C4 Therapeutics, Inc.)

Rooftop Rights. Subject to compliance with all applicable requirements and restrictions of the Master Lease including, without limitation, the provisions of Section 5.19 of the Master Lease (aother than the first sentence of Section 5.19) Tenant and Subtenant obtaining Master Landlord's consent thereto, Subtenant shall be permitted, in locations have the right to install one satellite dish on the roof of Building D (and one satellite dish on the roof of Building B or Building C, as approved applicable, if Subtenant subleases at least two (2) full floors in Building B or Building C, as applicable), in locations reasonably designated by Landlord Sublandlord. Generator. Upon Subtenant's written request delivered to Sublandlord on or before July 15, 2003, Sublandlord shall sell and convey to Subtenant, without any warranty or guaranty except as to title and no prior liens, at the then market price therefor (but in writing in advanceno event greater than fifty percent (50%) of Sublandlord's initial purchase price therefor when new), one generator capable of supplying at least Seven Hundred Fifty (750) KVAs of building standard generator service to the Sublease Premises (the "Generator"). Subtenant, at Subtenant's sole cost and expense, and subject to the Master Landlord's prior consent (and Sublandlord's reasonable prior written consent with respect to the location of the Generator within the Project), shall obtain all necessary permits and approvals for installation of the Generator, and Subtenant shall install, operate, maintain, repair and remove, maintain the Generator in first-class condition in compliance with all at Tenant’s sole cost and expense and for use solely by Tenant in connection with its business operations conducted in Legal Requirements. Upon the Premises and not for use by non-occupant third parties, telecommunications and data processing equipment (including but not limited to satellite dishes, cell boosters and antennae), and related wiring from the roof to the interior portions expiration or earlier termination of the Premises Term, subject to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies compliance with all Legal Requirements, Subtenant shall remove the Generator from the Project and restore any damage resulting from such removal, all Title Matters at Subtenant's sole cost and expense. BART Shuttle. At all times during the Term of this Sublease and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment Extended Term (same being deemed Tenant’s personal property for purposes of this Leaseif any), Sublandlord, at Sublandlord's or Master Landlord's sole cost, shall provide bus shuttle service between the Complex and the Hacienda BART Station and the Tassajara Road Park/Ride Lot on a schedule reasonably agreed to by Sublandlord and Subtenant which shall reimburse Landlord any reasonableprovide shuttle service Monday through Friday (holidays excepted) for approximately (but no more than) three (3) hours during morning commute hours and approximately (but no more than) three (3) hours during evening commute hours for use by Subtenant's employees, actual out-of-pocket costs incurred by Landlord in connection therewithlicensees and invitees, includingSublandlord's employees, but not limited to any costs for electric power that Tenant uses licensees and invitees and other subtenants (and their respective employees, licensees and invitees) of Sublandlord in the Building for the Rooftop Communications EquipmentComplex. Subtenant acknowledges and agrees that Sublandlord presently provides this shuttle service through WHEELS, as separately metereda service provided by and through Alameda County. Landlord shall have the right to permit other tenants of the Building to lease space on the roof of the Building for such other party’s own rooftop antennaeSubtenant further acknowledges and agrees that Sublandlord may substitute another comparable shuttle service provider reasonably designated by Sublandlord or, satellite dishes and other telecommunications equipment to be used in the conduct of such tenant’s business operations in the Building and not elsewhere, provided that (i) Tenant shall continue to have full access to the Rooftop Communications Equipment, (ii) Tenant’s right to install, use, improve, add to and replace Rooftop Communications Equipment shall be non-exclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation at Sublandlord's election by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which wouldMaster Landlord, in Tenant’s reasonable judgment, interfere with Tenant’s use lieu of WHEELS to provide bus shuttle service between the Rooftop Communications Equipment which is then in placeHacienda BART Station and the Tassajara Road Park/Ride Lot and the Complex.

Appears in 1 contract

Samples: E Loan Inc

Rooftop Rights. Subject to (aA) Tenant shall be permittedreasonable construction rules and regulations promulgated by Landlord, in locations on the roof of (B) the Building as approved by Landlord standards therefor, and (C) the terms and conditions set forth in writing in advancethis Lease (including, to without limitation, Article 8 and this Article 22), Tenant may install, operaterepair, maintainmaintain and use, repair and remove, all at Tenant’s sole cost and expense expense, one (1) or more satellite dish(es), television or communications antenna or facility, related receiving equipment, related cable connections and any and all other related or similar equipment (the “Rooftop Equipment”). The Rooftop Equipment shall be located in the area shown on Exhibit I (the “Rooftop Arca”). Tenant hereby acknowledges that the Rooftop Area does not have electrical service and that Tenant shall be required to provide electrical service to the Rooftop Area from the Premises. Tenant shall pay to Landlord rent (as Additional Rent) for use such Rooftop Area in an amount equal to the total amount Landlord would had received if Landlord had rented, at Landlord’s standard rate, the number of parking spaces taken by the Rooftop Area; provided, however, that if Tenant’s Rooftop Equipment is located in a portion of the Building rooftop dedicated to similar uses (as opposed to the parking area), such that no parking spaces are used to create the Rooftop Area, then Tenant shall not be required to pay rent for the area of the roof used by such Rooftop Equipment. Tenant shall be solely by Tenant responsible for any and all costs incurred or arising in connection with its business operations conducted in the Premises and not for use by non-occupant third partiesRooftop Equipment, telecommunications and data processing equipment (including but not limited to satellite dishes, cell boosters costs of electricity and antennae), and insurance related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring Tenant shall ensure that such Rooftop Equipment shall not interfere with the operation of (or preclude the installation of) other equipment on the roof of the Rooftop Communications Equipment Building. In addition, Tenant shall (same being deemed Tenanta) directly pay (or reimburse Landlord) for any commercially reasonable fee charged by Landlord’s personal property for purposes of this Lease)riser management and/or roof management company, and shall (b) reimburse Landlord for any reasonable, actual and reasonable out-of-pocket costs incurred by Landlord in connection therewithwith the installation, including, but not limited to any costs for electric power that Tenant uses in the Building for use or removal of the Rooftop Communications Equipment, as separately metered. Landlord shall have makes no representations or warranties whatsoever with respect to the right to permit other tenants condition of the Building to lease space on roof of the Building, or the fitness or suitability of the roof of the Building for the installation, maintenance and operation of the Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such other partysignals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s own rooftop antennaeapproval, satellite dishes which approval shall not be unreasonably withheld, the location of the Rooftop Area shall be reasonably designated by Landlord, and other telecommunications equipment Landlord may require Tenant to install screening around such Rooftop Area, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord no less than thirty (30) days’ prior notice thereof. Tenant shall reimburse Landlord for the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Article 22 shall terminate and shall be used in of no further force or effect upon the conduct expiration or earlier termination of such tenant’s business operations in this Lease. Prior to the expiration or earlier termination of this Lease, Tenant shall remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear and damage from casualty that is Landlord’s obligation to repair pursuant to Article 11 excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval shall not elsewherebe unreasonably withheld, provided that (i) conditioned or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall continue to have full access remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to the Rooftop Communications Area or any other portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that, except to the extent caused by Landlord’s negligence or willful misconduct, Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. The Rooftop Area and Rooftop Equipment shall, (ii) in all instances, comply with all Applicable Laws. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of the Rooftop Area and/or such Rooftop Equipment by a third party. Tenant’s right to install, use, improve, add to and replace install such Rooftop Communications Equipment shall be non-exclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not installexclusive, and shall prohibit the installation and/or operation by Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in Tenant’s reasonable judgment, interfere with Tenant’s use portion of the Rooftop Communications Equipment which is then in placerooftop of the Building, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party.

Appears in 1 contract

Samples: Office Lease (Airbnb, Inc.)

Rooftop Rights. Tenant may, in accordance with, and subject to (aA) reasonable construction rules and regulations promulgated by Landlord and provided to Tenant, (B) the Building standards therefor, and (C) the terms and conditions set forth in this Lease (including, without limitation, Article 8 and this Article 22), Tenant may and expense, without the payment of Rent (other than costs allowed to be included in Direct Expenses pursuant to Article 4 of this Lease), one (1) or more antenna or other telecommunications equipment on the roofs of the Building for the receiving and transmitting of signals or broadcasts servicing the business conducted by Tenant from within the Premises or otherwise serving the Premises (the "Rooftop Equipment"). Tenant shall be permitted, in locations on the roof of the Building as approved by Landlord in writing in advance, to install, operate, maintain, repair solely responsible for any and remove, all at Tenant’s sole cost and expense and for use solely by Tenant costs incurred or arising in connection with its business operations conducted in the Premises and not for use by non-occupant third partiesRooftop Equipment, telecommunications and data processing equipment (including but not limited to satellite dishes, cell boosters costs of electricity and antennae), and insurance related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have makes no representations or warranties whatsoever with respect to the right to permit other tenants fitness or suitability of the Building to lease space on the roof of the Building for the installation, maintenance and operation of the Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such other party’s own rooftop antennaesignals whether emanating from the Building or otherwise. The physical appearance, satellite dishes size and other telecommunications equipment location of the Rooftop Equipment shall not be unreasonably withheld, conditioned, or delayed, and Landlord may require Tenant to install screening around t Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord no less than ten (10) days' prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment, including any third-party consultant fees. Tenant's rights under this Article 22 shall terminate and shall be used in of no further force or effect upon the conduct expiration or earlier termination of such tenant’s business operations in this Lease. Prior to the expiration or earlier termination of this Lease, Tenant shall remove and restore the affected portion of the rooftop, the Building and not elsewherethe Premises to good condition and repair, provided free of leaks (reasonable wear and tear and damage from casualty that (i) Tenant shall continue is Landlord's obligation to have full access repair pursuant to the Article 11 excepted). Such Rooftop Communications Equipment, (ii) Tenant’s right to install, use, improve, add to and replace Rooftop Communications Equipment shall be noninstalled pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing 822610.04/WLA [THE BOARDWALK] 183362-exclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings00050/9-24-20/mem/mem -41- [Zentalis Pharmaceuticals, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in Tenant’s reasonable judgment, interfere with Tenant’s use of the Rooftop Communications Equipment which is then in place.Inc.]

Appears in 1 contract

Samples: The Boardwalk Lease (Zentalis Pharmaceuticals, Inc.)

Rooftop Rights. (a) Tenant shall be permittedhave the right to install equipment including, in locations without limitation, cable, wiring, HVAC, rooftop antennae, and other equipment associated with Tenant’s use of the Premises on the roof roofs of the Building as approved Buildings (the “Rooftop Equipment”) and in the pathways, shafts, risers, raceways, telephone closets, service areas and utility connections and entries into and through the Buildings, servicing the business conducted by Landlord in writing in advance, to install, operate, maintain, repair and remove, all Tenant from within the Premises. Any such installation shall be at Tenant’s sole cost and expense and for use solely shall be performed pursuant to the terms and conditions or Article 8 of this Lease. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such installation of the Rooftop Equipment shall be designated by Tenant subject to Landlord’s reasonable approval and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall keep all such Rooftop Equipment in good order, condition and repair, at Tenant’s sole cost and expense. Tenant’s installation of the Rooftop Equipment shall be done in such a manner as not to void any existing roof warranties in place at the Buildings (and Tenant shall indemnify and hold Landlord harmless in the event any such warranties are voided as a result of the installation of any Rooftop Equipment by Tenant). Tenant shall, at Tenant’s sole cost and expense, be responsible to repair any damage to the Buildings, including the roof and roof membrane, caused by the installation of any Rooftop Equipment. At the expiration or earlier termination of this Lease, Tenant shall remove any Rooftop Equipment installed by or on behalf of Tenant and repair any damage to the roof or roof membrane caused by the installation or removal of the Rooftop Equipment by Tenant. Tenant shall not be entitled to license its Rooftop Equipment, or the right to install equipment on the rooftops, to any unrelated third party (other than a Non-Transferee Assignee in connection with its business operations conducted a Non-Transfer), nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by an unrelated third party. Tenant hereby acknowledges Landlord’s continued right to itself utilize the rooftop space. The rights contained in this Article 22 shall be personal to the Premises Original Tenant and any Permitted Assignee, and may only be exercised by the Original Tenant or a Permitted Assignee (and not for use by non-occupant third partiesany other assignee, telecommunications and data processing equipment (including but not limited to satellite dishes, cell boosters and antennae), and related wiring from the roof to the interior portions sublessee or other transferee of the Premises to Original Tenant’s interest in this Lease) if Tenant is in occupancy of at least seventy percent (70%) of the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”)entire Premises, provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed Tenant’s personal property that for purposes of this Lease)Article 22, and the Original Tenant or Permitted Assignee, as the case may be, shall reimburse Landlord be deemed to be in occupancy of any reasonable, actual out-of-pocket costs incurred space sublet to any Transferee pursuant to a sublease consented to by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have the right to permit other tenants of the Building to lease space on the roof of the Building for such other party’s own rooftop antennae, satellite dishes and other telecommunications equipment to be used in the conduct of such tenant’s business operations in the Building and not elsewhere, provided that (i) Tenant shall continue to have full access pursuant to the Rooftop Communications Equipmentterms of Article 14 of this Lease. In addition, (ii) Landlord hereby acknowledges that following the proper exercise of Tenant’s right to installinstall Rooftop Equipment as set forth herein, useTenant may thereafter elect to install such equipment on behalf of a subtenant approved by Landlord pursuant to the terms and conditions of Article 14, improve, add to and replace Rooftop Communications Equipment shall be non-exclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in Tenant’s reasonable judgment, interfere with Tenant’s use of the Rooftop Communications Equipment which is then in placebelow.

Appears in 1 contract

Samples: Office Lease (Ixia)

Rooftop Rights. Landlord grants Tenant the appurtenant, non-exclusive, and irrevocable (aexcept upon the expiration or earlier termination of this Lease) Tenant shall be permittedlicense at no additional charge (other than to the extent costs are included in Operating Expenses), in locations on but otherwise subject to the terms and conditions of this Lease, to use a portion of the roof of the Building as reasonably approved by Landlord in writing in advance, (the “Rooftop Installation Area”) to install, operate, maintain, repair and remove, all at replace a satellite device or other telecommunications dish appurtenant to Tenant’s Permitted Use (and not for the benefit of any third party) (“Rooftop Equipment”). The exact location and layout of the Rooftop Installation Area shall be approved by Landlord and Tenant in their reasonable discretion and the square footage of the Rooftop Installation Area shall equal to Tenant’s proportionate share of total rooftop areas made available to tenants in the Building for similar purposes (unless Tenant desires to use a smaller area). Any electricity consumed by the Rooftop Equipment shall be separately or check-metered by Tenant and Tenant shall pay all of such costs in the manner applicable to electricity to the Premises under the Lease. Tenant shall install Rooftop Equipment at its sole cost and expense expense, at such times and for use solely by Tenant in connection with its business operations conducted in the Premises such manner as Landlord may reasonably designate and not for use by non-occupant third parties, telecommunications and data processing equipment (including but not limited to satellite dishes, cell boosters and antennae), and related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with all of the provisions of this Lease, including without limitation Section 9.12 8.3. Tenant shall not install or operate Rooftop Equipment until it receives prior written approval of the plans for such work in accordance with Section 8.3. Landlord may withhold approval if the installation or operation of Rooftop Equipment reasonably would be permittedexpected to EAST\126610515.10 damage the structural integrity of the Building. The Landlord may condition its approval of Rooftop Communications Equipment upon Tenant’s structural re-enforcement of the roof as reasonably deemed necessary or desirable by Landlord in order to accommodate the Rooftop Equipment. Tenant shall be screened from exterior view in a manner cooperate with Landlord as reasonably acceptable required to Landlord accommodate any re-roofing of the Building during the Term and as may be required by the Town of Watertown. Tenant shall be responsible for all any costs and expenses associated with working around, moving or relating temporarily relocating Tenant’s Roof Equipment. Landlord shall use commercially reasonable efforts to complete any such re-roofing as soon as is practicable. Tenant shall engage Landlord’s roofer before beginning any rooftop installations or repairs of Rooftop Equipment, whether under this Article 18 or otherwise, and shall always comply with the roof warranty governing the protection of the roof and modifications to the 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 cause a qualified employee or contractor to inspect the Rooftop Communications Installation Area at least quarterly and as often as recommended by the manufacturer of any Rooftop Equipment and correct any loose bolts, fittings or other appurtenances and shall repair any damage to the roof caused by the installation or operation of Rooftop Equipment. Tenant shall pay Landlord following a written request therefor, with the next payment of Base Rent, (i) all applicable taxes or governmental charges, fees, or impositions imposed on Landlord because of Tenant’s use of the Rooftop Installation Area and (ii) the amount of any increase in Landlord’s insurance premiums as a result of the installation of Rooftop Equipment. All Rooftop Equipment shall be screened or otherwise designed so that it is not visible from the ground level of the Property. To the maximum extent permitted pursuant to Applicable Law, Tenant agrees that the installation, operation and removal of Rooftop Equipment shall be 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, maintenanceor removal of Rooftop Equipment by Tenant or its employees, useagents, removal or contractors, including any liability arising out of Tenant’s violation of this Article 18. Landlord assumes no responsibility for interference in the operation of Rooftop Equipment caused by other tenants’ equipment, or for interference in the operation of other tenants’ equipment caused by Rooftop Equipment, and insuring Tenant hereby waives any claims against Landlord arising from such interference. The provisions of this paragraph shall survive the expiration or earlier termination of this Lease. Landlord may have granted and may hereafter grant roof rights to other parties, and permit installations on the rooftop by other Building tenants or occupants, provided that Tenant’s rooftop rights shall not be materially and adversely affected and that such rights granted to others do not materially and adversely interfere with any rooftop equipment then existing on the roof of the Building. If Rooftop Equipment (i) causes physical damage to the structural integrity of the Building, (ii) materially interferes with any telecommunications, mechanical or other systems located at or servicing the Building or any building, premises or location in the vicinity of the Building, (iii) interferes with any other service provided to other tenants in the Building by rooftop installations installed prior to the installation of Rooftop Equipment or (iv) interferes with any other tenants’ business in excess of that permissible under Laws, including F.C.C. or other regulations (to the extent that such regulations apply and do not require such tenants or those providing such services to correct such interference or damage) (each of (i) through (iv) above being a “Rooftop Interference”), Tenant shall within two (2) business days of notice of a claim of Rooftop Interference cooperate with Landlord or any other tenant or third party making such claim to determine the source of the Rooftop Communications Equipment (same being deemed Interference and effect a prompt solution at Tenant’s personal property for purposes expense (to the extent Tenant’s Rooftop Equipment caused such interference or damage). Landlord shall use commercially reasonable efforts to include provisions substantially similar to the foregoing in future tenant leases that permit tenants to install and to use any portion of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the roof of the Building for satellite devices or other telecommunications equipment. Based on Landlord’s good faith determination that such relocation is necessary, Landlord reserves the right to cause Tenant to relocate Rooftop Communications EquipmentEquipment located on the roof to comparably functional space on the roof by giving Tenant prior notice of such intention to relocate. If within thirty (30) days after receipt of such notice Tenant has not agreed with Landlord on the space to which Rooftop Equipment is to be relocated, as separately metered. the timing of such relocation, and the terms of such relocation, then Landlord shall have the right to permit make all such determinations in its reasonable judgment. Landlord EAST\126610515.10 agrees to pay the reasonable cost of moving Rooftop Equipment to such other tenants space, taking such other steps necessary to ensure comparable functionality of Rooftop Equipment, and finishing such space to a condition comparable to the then condition of the Building to lease space on the roof current location of the Building for such other party’s own rooftop antennae, satellite dishes and other telecommunications equipment to be used in the conduct of such tenant’s business operations in the Building and not elsewhere, provided that (i) Rooftop Equipment. Tenant shall continue arrange for the relocation of Rooftop Equipment within sixty (60) days after a comparable space is agreed upon or selected by Landlord, as the case may be. In the event Tenant fails to arrange for said relocation within the sixty (60) day period, Landlord shall have full access to the Rooftop Communications Equipment, (ii) Tenant’s right to installarrange for the relocation of Rooftop Equipment at Landlord’s expense, use, improve, add to and replace Rooftop Communications Equipment all of which shall be non-exclusive and shall be shared on performed in a pro rata basis with any such rights granted manner designed to other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in Tenant’s reasonable judgment, interfere minimize interference with Tenant’s use of the Rooftop Communications Equipment which is then in placebusiness.

Appears in 1 contract

Samples: Everbridge, Inc.

Rooftop Rights. (a) Tenant shall be permittedSubject to Section 2.7(b), in locations Tenant, at its sole cost and expense, has the exclusive right to install, operate and maintain on the roof of any Premises Building satellite dishes, antennae and other telecommunications equipment, HVAC equipment and other mechanical equipment (collectively, the Building as approved “Rooftop Equipment”) solely for use by Tenant in its business operations (i.e., Tenant shall not have the right to install cell phone towers or other equipment whereby Tenant derives income or other benefits from the Rooftop Equipment). Tenant shall promptly notify Landlord in writing of its plans to install Rooftop Equipment and the location of same and provide Landlord with copies of all plans and specifications for installation of the same. Tenant shall obtain any and all permits, consents, and/or governmental approvals necessary for the installation and/or operation of the Rooftop Equipment, and all such installation, use, and operation shall comply with all Applicable Laws including any screening required by zoning. Subject to Section 2.8, Tenant accepts the rooftop space on the Premises Buildings “as is” and agrees that Landlord is under no obligation to perform any work or provide any materials in advancepreparation for the installation, maintenance or operation of the Rooftop Equipment. Tenant shall retain a contractor for the installation and maintenance of the Rooftop Equipment, which contractor shall satisfy any requirements of and keep in full force and effect any existing or future manufacturer’s roof warranty. If Landlord reasonably believes that the weight of the Rooftop Equipment would exceed the load limit of the applicable roof, Tenant shall obtain the services of a structural engineer (at Tenant’s expense), reasonably acceptable to Landlord, to installdetermine if the weight or installation of the Rooftop Equipment might affect the structure of the applicable Premises Building with the results of such determination provided to Landlord prior to installation of such Rooftop Equipment. If dunnage or other support is required for such Rooftop Equipment, operateTenant shall be responsible for installing it subject to Landlord’s reasonable approval. In the event that the Rooftop Equipment materially and adversely affects or causes material interference with other rooftop equipment already located on the roofs of other buildings in the Project, maintainor any rooftop equipment already installed by Landlord on the applicable Premises Building, repair which shall be limited to security equipment and removesuch other rooftop equipment as installed prior to the date on which Tenant installs its Rooftop Equipment, all then Landlord may require Tenant, at Tenant’s sole cost and expense expense, to relocate the Rooftop Equipment if an alternative appropriate location within the CAM Area and for use solely by Tenant in connection with its business operations conducted in the proximity of the applicable Premises Building is available. Tenant agrees that upon the expiration or earlier termination of this Lease, Tenant shall, at its sole cost and not for use by non-occupant third partiesexpense, telecommunications remove the Rooftop Equipment and data processing equipment (including but not limited to satellite dishes, cell boosters and antennae), any structural supports and related wiring from equipment in a good and workmanlike manner, restore the portion of the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required Building affected or damaged by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, maintenance repair or removal and insuring of the Rooftop Communications Equipment to the condition existing immediately prior to installation of the Rooftop Equipment (same being deemed Tenantless reasonable wear and tear and damage by casualty) and in accordance with any then-existing manufacturer’s personal property warranty and indemnify Landlord for purposes damage resulting from roof penetrations or any other damage. In the event all or a portion of this Lease)any component of the roof of any Premises Building must be repaired or replaced, or any other Building maintenance need arises that requires the temporary removal of the Rooftop Equipment, Tenant shall be fully responsible, at its sole cost and shall reimburse Landlord any reasonableexpense, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building said repair and for the removal and re-installation of all Rooftop Communications Equipment, as separately metered. Landlord shall have the right no liability to permit other tenants Tenant or any third-party for any losses incurred as a result of the Building to lease space on the roof of the Building for such other party’s own rooftop antennaerelocation and re-installation, satellite dishes and other telecommunications equipment to be used in the conduct of such tenant’s business operations in the Building and not elsewhereprovided, provided that (i) Tenant shall continue to have full access to the Rooftop Communications Equipmenthowever, (ii) Tenant’s right to install, use, improve, add to and replace Rooftop Communications Equipment shall be non-exclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not install, and reasonably cooperate with Tenant to minimize interruption to its business caused by such work. In no event shall prohibit Tenant be charged a rental or fee for the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in Tenant’s reasonable judgment, interfere with Tenant’s use of the rooftop space of any of the Premises Buildings for its Rooftop Communications Equipment which is then in placeor for the use of any of the Premises Buildings’ risers.

Appears in 1 contract

Samples: Lease Agreement (PTC Therapeutics, Inc.)

Rooftop Rights. (a) At any time during the Lease Term, subject to the terms of this Lease, Tenant shall be permitted, in locations on the roof of the Building as approved by Landlord in writing in advance, to may install, operate, maintain, repair and remove, all at Tenant’s sole cost and expense expense, communications dishes, antennae, or comparable communications equipment upon the roof of the Building, and make associated connections of Tenant’s rooftop equipment to the Premises (all such equipment, installations and connections, collectively, the “Telecommunications Equipment”). Provided that Tenant continues to lease the entire Building (other than the Sign Utility Room) the use of such areas of the Building for the installation of the Telecommunications Equipment shall be for the sole use solely by of Tenant in connection with its business operations conducted in the Premises Premises, and not for use shall be without the payment of any additional Base Rent or Direct Expenses with respect thereto. The physical appearance and all specifications of the Telecommunications Equipment shall be subject to Landlord’s reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by non-occupant third parties, telecommunications and data processing equipment Landlord (including but not limited subject to satellite dishes, cell boosters and antennaeTenant’s reasonable approval), and related wiring from the roof Landlord may require Tenant to the interior portions of the Premises to the extent install screening around such Telecommunications Equipment, at Tenant’s sole cost and expense, as reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required designated by the Town of WatertownLandlord. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipmentresponsible, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed at Tenant’s personal property sole cost and expense, for purposes of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have the right to permit other tenants of the Building to lease space on the roof of the Building for such other party’s own rooftop antennae, satellite dishes and other telecommunications equipment to be used in the conduct of such tenant’s business operations in the Building and not elsewhere, provided that (i) Tenant shall continue to have full access to obtaining all permits or other governmental approvals required in connection with the Rooftop Communications Telecommunications Equipment, (ii) Tenant’s right installing, repairing and maintaining and causing the Telecommunications Equipment to installcomply with all Applicable Laws, use, improve, add to and replace Rooftop Communications Equipment shall be non-exclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not installprior to the expiration or earlier termination of this Lease, removal of the Telecommunications Equipment and all associated wiring, and shall prohibit the restoration of all affected areas of the Building to the condition existing prior to the installation and/or operation by thereof, including restoration of any roof penetrations. In no event shall Tenant permit the Telecommunications Equipment to interfere with the systems of any building in the Project or any other party of, communications equipment at or servicing any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on building in the roof which would, in Tenant’s reasonable judgment, interfere with Tenant’s use of the Rooftop Communications Equipment which is then in place.Project. Confidential Treatment Requested by Oportun Financial Corporation Pursuant to 17 C.F.R. Section 200.83

Appears in 1 contract

Samples: Sublease Agreement (Oportun Financial Corp)

Rooftop Rights. (a) During the Term, Tenant shall be permittedhave the right at Tenant’s sole cost and expense, in locations to install, operate and maintain, on the roof of the Building as approved in a location designated by Landlord in writing in advancedirectly above the Leased Premises, to install, operate, maintain, repair and remove, all at Tenant’s sole cost and expense and for use solely by Tenant in connection with its business operations conducted in the Premises and not for use by non-occupant third parties, telecommunications and data processing a satellite dish antenna or similar equipment (including but not limited to satellite dishes, cell boosters and antennae), and related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”). The plans and specifications for installation of the same shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed provided the same complies with all Legal Requirements, all Title Matters Rooftop Equipment: (i) does not adversely affect the structure and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have the right to permit other tenants safety of the Building or void or alter the warranty for the roof of the Building; (ii) does not adversely affect the electrical, mechanical or any other system of the Building or the functioning thereof, (iii) does not interfere with the operation of the Building or the provision of utilities pursuant to lease space on Section 3.5(A) below to other tenants in the Building, and (iv) does not exceed the capacity of the roof of the Building as reasonably determined by Landlord. Tenant shall comply with all applicable and obtain any and all permits, consents and/or governmental approvals as may be required for the installation, maintenance, operation and/or removal of the Rooftop Equipment. Landlord makes no warranty or representation that the Rooftop Equipment will not be affected by or suffer interference from existing rooftop equipment or otherwise; and Tenant accepts the rooftop space “as is” and agrees that Landlord is under no obligation to perform any work or provide any materials in preparation for the installation, maintenance or operation of the Rooftop Equipment. Notwithstanding the foregoing, Tenant shall not permit the Rooftop Equipment to unreasonably interfere with any equipment existing at the Property as of the date of Tenant’s installation of the Rooftop Equipment. Tenant agrees that upon the expiration or earlier termination of this Lease, Tenant shall, at its sole cost and expense, remove the Rooftop Equipment and in a good and workmanlike manner, restore the roof of the Building to the condition existing immediately prior to installation of the Rooftop Equipment ordinary wear and tear and damage by casualty excepted. Notwithstanding anything herein to the contrary, prior to installation and after the removal of the Rooftop Equipment, Tenant shall obtain and provide to Landlord written documentation from the holder of Landlord’s then-current roof warranty evidencing that the installation and/or removal of the Rooftop Equipment does not void or alter such other partyroof warranty. Landlord will reasonably cooperate with Tenant to obtain the aforementioned documentation from the holder of Landlord’s own rooftop antennaethen-current roof warranty to ensure that such installation and removal does not violate Landlord’s roof warranty. Notwithstanding the foregoing, satellite dishes and other telecommunications equipment to be used in if the conduct holder of such tenantwarranty will not agree to certify in writing that the warranty will not be voided by Tenant’s business operations in installation or removal of the Building Rooftop Equipment; Landlord and not elsewhere, provided that (i) Tenant shall continue to have full access will agree on a mutually acceptable alternate location for Tenant’s equipment. Except to the Rooftop Communications Equipmentextent resulting directly from the gross negligence or willful misconduct of Landlord, Tenant hereby indemnifies Landlord (iiand its successors and assigns) Tenant’s right and agrees to installhold it harmless from and against all loss, costs, claims, liabilities, injury or damages (including reasonable attorneys’ fees) incurred or sustained by Landlord (or its successors or assigns) directly in connection with or arising directly out of the installation, use, improveoperation, add to and replace Rooftop Communications Equipment shall be non-exclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in Tenant’s reasonable judgment, interfere with Tenant’s use maintenance or removal of the Rooftop Communications Equipment which is then in placeEquipment.

Appears in 1 contract

Samples: Warehouse Space Lease Agreement (Body Central Corp)

Rooftop Rights. (a) Subject to Landlord's review and prior written approval, which shall not be unreasonably withheld, and subject to compliance with applicable laws and all restrictions of record, Tenant shall at all times during, the term of this Lease, have the right to use the Building's shafts for conduits between the Premises and the roof of the Building for the installation and maintenance of conduits and cables to extend to communications equipment located or to be permittedlocated on the roof. Further, in locations subject to availability of space and Landlord's prior written approval (not to be unreasonably withheld, conditioned or delayed) of the size, location, esthetics, and height thereof, Tenant shall have the right at all times to install and operate microwave or satellite dishes or other antenna communications system on the roof of the Building as approved subject to compliance with all applicable laws and all restrictions or record. Landlord's approval rights shall include without limitation, review and approval of the procedures and personnel with respect to installation, maintenance, and operation. Tenant shall not be obligated to pay rental for any equipment which may be installed. Use of such roof space shall be subject to reasonable rules and regulations specified by Landlord and to Tenant's obtaining such insurance coverage as Landlord shall reasonably require. At the expiration or earlier termination of the Lease, Tenant, at its expense, shall remove the communications equipment. Any work required to restore the roof or any other part of the Building from any damage occasioned by the installation, maintenance, relocation or removal of the communications equipment shall be borne by Tenant. Tenant shall indemnify and hold harmless Landlord from all costs, damages, expenses, liabilities, and suits, including reasonable attorneys' fees, occasioned by Tenant's installation, maintenance, relocation, removal or use of the communications equipment, including without limitation, any damage to property and/or injury or death to persons caused thereby from the installation, maintenance, and operation. The installation, maintenance, relocation, and removal of the communications equipment will be performed in writing in advance, such a manner as not to install, operate, maintain, repair and remove, all interfere with the operation of the Building. All communications equipment shall be maintained by the Tenant at Tenant’s 's sole cost and expense in good and for use safe condition. The communications equipment shall be used solely by Tenant in connection with the ordinary course of its business operations conducted in the Premises and not for use by non-occupant third parties, telecommunications and data processing equipment (including but not limited to satellite dishes, cell boosters and antennae)business, and related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations Tenant shall not allow any parties other than Rooftop Communications Equipment installed in accordance with Tenant to use such equipment or the provisions of this Section 9.12 shall rooftop without Landlord's prior written consent, not be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have the right to permit other tenants of the Building to lease space on the roof of the Building for such other party’s own rooftop antennae, satellite dishes and other telecommunications equipment to be used in the conduct of such tenant’s business operations in the Building and not elsewhere, provided that (i) Tenant shall continue to have full access to the Rooftop Communications Equipment, (ii) Tenant’s right to install, use, improve, add to and replace Rooftop Communications Equipment shall be non-exclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in Tenant’s reasonable judgment, interfere with Tenant’s use of the Rooftop Communications Equipment which is then in placeunreasonably withheld.

Appears in 1 contract

Samples: Deed of Lease (Coherent Communications Systems Corp)

Rooftop Rights. (a) Tenant shall be permittedmay, in locations on the roof of accordance with, and subject to (A) reasonable construction rules and regulations promulgated by Landlord and provided to Tenant, (B) the Building as approved by Landlord standards therefor, and (C) the terms and conditions set forth in writing in advancethis Lease (including, to without limitation, Article 8 and this Article 22), Tenant may install, operaterepair, maintainmaintain and use, repair and remove, all at Tenant’s sole cost and expense expense, without the payment of Rent (other than costs allowed to be included in Direct Expenses pursuant to Article 4 of this Lease), one (1) or more antenna or other telecommunications equipment on the roofs of the Building for the receiving and for use solely transmitting of signals or broadcasts servicing the business conducted by Tenant from within the Premises or otherwise serving the Premises (the “Rooftop Equipment”). Tenant shall be solely responsible for any and all costs incurred or arising in connection with its business operations conducted in the Premises and not for use by non-occupant third partiesRooftop Equipment, telecommunications and data processing equipment (including but not limited to satellite dishes, cell boosters costs of electricity and antennae), and insurance related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have makes no representations or warranties whatsoever with respect to the right to permit other tenants fitness or suitability of the Building to lease space on the roof of the Building for the installation, maintenance and operation of the Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such other partysignals whether emanating from the Building or otherwise. The physical appearance, size and location of the Rooftop Equipment shall be subject to Landlord’s own rooftop antennaeapproval, satellite dishes which approval shall not be unreasonably withheld, conditioned, or delayed, and other telecommunications equipment Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord no less than ten (10) days' prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment, including any third-party consultant fees. Tenant's rights under this Article 22 shall terminate and shall be used in of no further force or effect upon the conduct expiration or earlier termination of such tenant’s business operations in this Lease. Prior to the expiration or earlier termination of this Lease, Tenant shall remove and restore the affected portion of the rooftop, the Building and the Premises to good condition and repair, free of leaks (reasonable wear and tear and damage from casualty that is Landlord's obligation to repair pursuant to Article 11 excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval shall not elsewherebe unreasonably withheld, provided that (i) conditioned or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall continue remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to have full access any portion of the roof or roof membrane and any penetrations to the roof. Except to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Party, Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant's use, maintenance and/or repair of such Rooftop Communications Equipment. The Rooftop Equipment shall, (ii) in all instances, comply with all applicable laws. Tenant shall not be entitled to license its Rooftop Equipment to any third party other than a Permitted Transferee, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of the Rooftop Area and/or such Rooftop Equipment by any third party, in excess of the sublease rents otherwise payable in accordance with any subletting of all or a portion of the Premises. Tenant’s right to install, use, improve, add to and replace install such Rooftop Communications Equipment shall be non-exclusive and shall be shared on a pro rata basis with any such rights granted to (other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures than equipment placed on the roof by Landlord which wouldserves the Premises), in Tenantand Tenant hereby expressly acknowledges Landlord’s reasonable judgment, interfere with Tenant’s use continued right to itself utilize any portion of the Rooftop Communications Equipment which is then in placerooftop of a Building.

Appears in 1 contract

Samples: Boardwalk Lease (Arcturus Therapeutics Holdings Inc.)

Rooftop Rights. In accordance with, and subject to, (aA) Tenant shall be permittedreasonable construction rules and regulations promulgated by Landlord, in locations on the roof of (B) the Building as approved by Landlord standards therefor, and (C) the TCCs set forth in writing in advanceArticle 8 of this Lease and this Section 29.36, to Tenant may install, operaterepair, maintainmaintain and use, repair and remove, all at Tenant’s sole cost and expense expense, but without the payment of any Base Rent or similar fee or charge, one (1) GPS/GNSS Outdoor Antenna (Model 8230), one (1) WWVB Loop Antenna (Model 8219), and one (1) dipole antenna on the roof of each Building for use solely the receiving of signals or broadcasts servicing the business conducted by Tenant from within the Premises (the “Rooftop Equipment”). Tenant may add Rooftop Equipment, whether similar or dissimilar to that described in the preceding sentence and whether in substitution for or in addition to that described in the preceding sentence, subject to obtaining Landlord’s prior written consent, and subject to availability and compliance with the TCCs of this Section 29.36. Any such additional or replacement Rooftop Equipment shall be of a reasonable size and weight and shall not require the installation of bracing or other structural support or affect Landlord’s roof warranties. Tenant shall be solely responsible for any and all costs incurred or arising in connection with its business operations conducted in the Premises and not for use by non-occupant third partiesRooftop Equipment, telecommunications and data processing equipment (including but not limited to satellite dishescosts of electricity and insurance related to the Rooftop Equipment. Landlord makes no representations or warranties whatsoever with respect to the condition of the roof of the Buildings, cell boosters or the fitness or suitability of the roof of the Buildings for the installation, maintenance and antennaeoperation of the Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such signals whether emanating from the Buildings or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s reasonable approval, the location of any such Rooftop Equipment shall be designated by Landlord and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section 29.36 shall terminate and shall be of no further force or effect upon the expiration or earlier termination of this Lease (as may be extended), and related wiring from or, in the event Tenant no longer occupies twenty percent (20%) of the rentable area of the Premises in the Building in question (it being acknowledged by Tenant that the amount of space available on the roof for Tenant’s Rooftop Equipment may be proportionately reduced to allow for use by Landlord, and other tenants and subtenants of the applicable Buildings, if any, and it being acknowledged by Landlord that Tenant’s rights under this Section 29.36 shall continue in the other Building so long as Tenant occupies twenty percent (20%) or more of the rentable area of the Premises in such Building). Prior to the interior portions expiration or earlier termination of this Lease, Tenant shall remove and restore the affected portion of the rooftop, the Buildings and the Premises to the extent reasonably necessary (collectivelycondition the rooftop, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters Buildings and the provisions of the Condominium DocumentsPremises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear and damage from Casualty and condemnation that is not Tenant’s obligation to repair pursuant to Article 11, above excepted). No rooftop installations other than Such Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditioned or delayed; provided, however, that Landlord may withhold such consent in its sole and absolute discretion if the weight of the Rooftop Equipment would require the installation of bracing or other structural support or would affect Landlord’s roof warranties. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to a manner reasonably acceptable portion of the roof or roof membrane and any penetrations to the roof. Landlord and as may be required by the Town Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of Watertownsuch Rooftop Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be responsible entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for all costs the use of such Rooftop Equipment by a third party. Tenant’s right to install such Rooftop Equipment shall be exclusive, except that Tenant hereby expressly acknowledges Landlord’s continued right to itself utilize a portion of the rooftop of the Buildings, and expenses associated to grant similar rights to other tenants, subtenants, and occupants of the Project (if any); provided, however, such Landlord (or tenants, subtenants, and occupants) use shall not materially interfere with (or relating preclude the installation of) Tenant’s Rooftop Equipment or impair any roof warranty. Notwithstanding any provision to the Rooftop Communications Equipmentcontrary contained in this Section 29.36, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes of this Lease), and in no event shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have the right to permit other tenants of the Building to lease space on access the roof of the Building for such other partyBuildings without first receiving Landlord’s own rooftop antennae, satellite dishes and other telecommunications equipment prior consent (not to be used unreasonably withheld, conditioned or delayed). The rights contained in the conduct of such tenant’s business operations in the Building and not elsewhere, provided that (i) Tenant this Section 29.36 shall continue to have full access be personal to the Rooftop Communications Equipment, (ii) Tenant’s right to install, use, improve, add to Original Tenant and replace Rooftop Communications Equipment shall be non-exclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not installPermitted Transferee Assignee, and shall prohibit may only be exercised by the installation and/or operation by Original Tenant and any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in Tenant’s reasonable judgment, interfere with Tenant’s use of the Rooftop Communications Equipment which is then in placePermitted Transferee Assignee and their respective Transferees.

Appears in 1 contract

Samples: Office Lease (Box Inc)

Rooftop Rights. (a) Tenant shall be permitted, in locations on the roof of the East Wing of the Building as approved by Landlord in writing in advance, to install, operate, maintain, repair and remove, or Landlord may install on behalf of Tenant, all at Tenant’s sole cost and expense and for use solely by Tenant and any of its permitted subtenants in connection with its their respective business operations conducted in the Premises and not for use by non-occupant third parties, (i) telecommunications and data processing equipment (including but not limited to satellite dishes, generators, cell boosters and antennae), and related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), and (ii) such supplementary HVAC and other equipment serving solely the Premises, consistent with Tenant’s use of the Premises (collectively, with the Rooftop Communications Equipment, the “Rooftop Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord Landlord, at Tenant’s sole cost and as may expense. During the Term, Tenant shall not be required by to pay any monthly rental or license fee with respect to Tenant’s Rooftop Space or any of the Town of WatertownRooftop Equipment. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power and HVAC (if any) that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have the right to permit other tenants of the Building to lease space on the roof of the Building for such other party’s own rooftop antennae, satellite dishes and other telecommunications equipment to be used in the conduct of such tenant’s business operations in the Building and not elsewhere, provided that (i) Tenant shall continue to have full access to the Rooftop Communications Equipment, (ii) Tenant’s right to install, use, improve, add to and replace Rooftop Communications Equipment shall be non-exclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof Roof which would, in Tenant’s reasonable judgment, interfere with Tenant’s use of the Rooftop Communications Equipment which is then in place.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Kala Pharmaceuticals, Inc.)

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Rooftop Rights. Subject to, (aA) reasonable construction rules and regulations promulgated by Landlord, (B) the Building standards therefor, and (C) the TCCs set forth in Article 8 of this Lease and this Section 29.38, Tenant may install, repair, maintain and use, at Tenant's sole cost and expense, but without the payment of any Base Rent or similar fee or charge, satellite dishes, antennas or similar equipment (the number of which shall be permitted, determined by Landlord in locations its reasonable discretion) on the roof of the Building as approved by Landlord in writing in advance, to install, operate, maintain, repair Buildings for the sending and remove, all at Tenant’s sole cost and expense and for use solely receiving of signals or broadcasts (provided that there shall be no generation or transmission of commercial signals or broadcasts) servicing the business conducted by Tenant in connection with its business operations conducted in from within the Premises and not for use by non-occupant third parties, telecommunications and data processing equipment (including but not limited to such satellite dishes, cell boosters and antennaeis defined as the "Rooftop Equipment"), and related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be solely responsible for any and all costs and expenses associated incurred or arising in connection with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to, costs of electricity and insurance related to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have makes no representations or warranties whatsoever with respect to the right to permit other tenants condition of the Building to lease space on the roof of the Building Buildings, or the fitness or suitability of the roof of the Buildings for the installation, maintenance and operation of the Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such other party’s own rooftop antennaesignals whether emanating from the Buildings or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord's reasonable approval, satellite dishes the location of any such Rooftop Equipment shall be mutually and other telecommunications equipment reasonably agreed upon by Landlord and Tenant and Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant's sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant's sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment, not to exceed Three Thousand Five Hundred Dollars ($3,500.00). Tenant's rights under this Section 29.38 shall terminate and shall be used of no further force or effect upon the expiration or earlier termination of this Lease, or, in the conduct event Tenant (or a Permitted Transferee) no longer occupies the Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, as promptly as possible but in no event more than fifteen (15) days thereafter, remove and restore the affected portion of the rooftop and the Premises to the condition the rooftop, and the Premises would have been in had no such tenant’s business operations in the Building Rooftop Equipment been installed (reasonable wear and tear excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will not elsewherebe unreasonably withheld, provided that (i) conditioned, or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall continue to have full access to the Rooftop Communications Equipment, (ii) remain solely liable for any damage arising in connection with Tenant’s right to install's installation, use, improvemaintenance and/or repair of such Rooftop Equipment, add including, without limitation, any damage to a portion of the roof or roof membrane and replace any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant's installation, use, maintenance and/or repair of such Rooftop Communications Equipment. Such Rooftop Equipment shall, in all instances, comply with applicable governmental laws, codes, rules and regulations. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Rooftop Equipment by a third party. Tenant's right to install such Rooftop Equipment shall be non-exclusive exclusive, and Tenant hereby expressly acknowledges Landlord's continued right (i) to itself utilize any portion of the rooftop of the Buildings, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third party) use shall not materially interfere with (or preclude the installation of) Tenant's Rooftop Equipment and shall be shared on a pro rata basis with any such rights granted subject to other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in Tenant’s 's reasonable judgment, interfere with Tenant’s use of the Rooftop Communications Equipment which is then in placeprior approval.

Appears in 1 contract

Samples: Lease Agreement (Broadcom Cayman L.P.)

Rooftop Rights. Landlord hereby grants Tenant a non-exclusive license for the Term of this Lease, without additional rental charge, to install, maintain and operate a satellite dish or antenna (athe “Satellite Dish”) Tenant shall be permitted, in locations on the roof of the Building as approved in a location to be mutually agreed to by Landlord in writing in advanceand Tenant for the purpose of providing communications to the Premises, which license shall include, without limitation, the right to install, operate, maintain, repair run wires and remove, all at Tenant’s sole cost and expense and for use solely by Tenant in connection with its business operations conducted in cables from the Satellite Dish to the Premises through conduits and not for use by non-occupant third parties, telecommunications and data processing equipment (including but not limited to satellite dishes, cell boosters and antennae), and related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions common areas of the Condominium DocumentsBuilding and access thereto, from time to time, to perform maintenance, repairs, inspections, and installations relating thereto. No rooftop installations Landlord shall not place or allow other than Rooftop Communications Equipment installed future licensees or tenants of the portions of the Project then owned by Landlord to place satellite dishes and related equipment in accordance any such areas which interfere with the provisions function and operation of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of WatertownTenant’s Satellite Dish. Tenant shall not install or operate the Satellite Dish until it submits to Landlord plans and specifications therefor and receives Landlord’s prior written approval, which approval shall not be responsible for all costs and expenses associated with unreasonably withheld, conditioned or relating delayed. Prior to the Rooftop Communications Equipment, including commencing such installation, operationTenant shall provide Landlord with copies of all required governmental permits, maintenancelicenses and authorizations, useif any, removal which Tenant shall obtain at its own cost and insuring expense. Tenant agrees that neither it nor its contractors or employees will, during the construction of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes Premises or at any time during the term of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord make or cause to be made in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have the right to permit other tenants of the Building to lease space on the roof of the Building for any penetration whatsoever without first obtaining the prior written approval from Landlord. Tenant acknowledges that Landlord may require Tenant to use Landlord’s designated roofing contractor to perform or supervise any roof cuts or penetrations to which Landlord may agree or give its consent and Tenant shall install screening around such Satellite Dish so it cannot be seen from the parking areas or other party’s own rooftop antennae, satellite dishes and other telecommunications equipment to be used buildings in the conduct Project, which screening must be approved by Landlord. The Satellite Dish is and shall remain the property of such tenant’s business operations in Tenant or its successors or assigns, and Landlord and Tenant agree that the Building and Satellite Dish is not elsewherea fixture pursuant to this Lease or by operation of law. Upon termination of this Lease, provided that (i) Tenant shall continue to have full access to the Rooftop Communications Equipment, (ii) Tenant’s right to install, use, improve, add to remove said Satellite Dish and replace Rooftop Communications Equipment shall be non-exclusive and shall be shared on a pro rata basis with repair any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in Tenant’s reasonable judgment, interfere with Tenant’s use of the Rooftop Communications Equipment which is then in placedamage related thereto.

Appears in 1 contract

Samples: Lease (Cutera Inc)

Rooftop Rights. (a) Tenant shall be permittedmay, in locations on the roof of accordance with, and subject to (A) reasonable construction rules and regulations promulgated by Landlord and provided to Tenant, (B) the Building as approved by Landlord standards therefor, and (C) the terms and conditions set forth in writing in advancethis Lease (including, to without limitation, Article 8 and this Article 22), Tenant may install, operaterepair, maintainmaintain and use, repair and remove, all at Tenant’s sole cost and expense expense, without the payment of Rent (other than costs allowed to be included in Direct Expenses pursuant to Article 4 of this Lease), one (1) or more antenna or other telecommunications equipment on the roofs of the Building for the receiving and for use solely transmitting of signals or broadcasts servicing the business conducted by Tenant from within the Premises or otherwise serving the Premises (the "Rooftop Equipment"). Tenant shall be solely responsible for any and all costs incurred or arising in connection with its business operations conducted in the Premises and not for use by non-occupant third partiesRooftop Equipment, telecommunications and data processing equipment (including but not limited to satellite dishes, cell boosters costs of electricity and antennae), and insurance related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have makes no representations or warranties whatsoever with respect to the right to permit other tenants fitness or suitability of the Building to lease space on the roof of the Building for the installation, maintenance and operation of the Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such other partysignals whether emanating from the Building or otherwise. The physical appearance, size and location of the Rooftop Equipment shall be subject to Landlord’s own rooftop antennaeapproval, satellite dishes which approval shall not be unreasonably withheld, conditioned, or delayed, and other telecommunications equipment Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord no less than ten (10) days' prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment, including any third-party consultant fees. Tenant's rights under this Article 22 shall terminate and shall be used in of no further force or effect upon the conduct expiration or earlier termination of such tenant’s business operations in this Lease. Prior to the expiration or earlier termination of this Lease, Tenant shall remove and restore the affected portion of the rooftop, the Building and the Premises to good condition and repair, free of leaks (reasonable wear and tear and damage from casualty that is Landlord's obligation to repair pursuant to Article 11 excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval shall not elsewherebe unreasonably withheld, provided that (i) conditioned or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall continue remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to have full access any portion of the roof or roof membrane and any penetrations to the roof. Except to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Party, Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant's use, maintenance and/or repair of such Rooftop Communications Equipment. The Rooftop Equipment shall, (ii) in all instances, comply with all applicable laws. Tenant shall not be entitled to license its Rooftop Equipment to any third party other than a Permitted Transferee, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of the Rooftop Area and/or such Rooftop Equipment by any third party, in excess of the sublease rents otherwise payable in accordance with any subletting of all or a portion of the Premises. Tenant’s right to install, use, improve, add to and replace install such Rooftop Communications Equipment shall be non-exclusive and shall be shared on a pro rata basis with any such rights granted to (other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures than equipment placed on the roof by Landlord which wouldserves the Premises), in Tenantand Tenant hereby expressly acknowledges Landlord’s reasonable judgment, interfere with Tenant’s use continued right to itself utilize any portion of the Rooftop Communications Equipment which is then in placerooftop of a Building.

Appears in 1 contract

Samples: Partial Lease Termination Agreement (Zentalis Pharmaceuticals, Inc.)

Rooftop Rights. Landlord grants Tenant the appurtenant, non-exclusive, and irrevocable (aexcept upon the expiration or earlier termination of this Lease) Tenant shall be permittedlicense at no additional charge, in locations on but otherwise subject to the terms and conditions of this Lease, to use a contiguous portion of the roof of the Building as approved by Landlord in writing in advance, (the “Rooftop Installation Areas”) to install, operate, maintain, repair and removereplace telecommunications, electrical, and mechanical equipment for Tenant’s own use, such as a satellite dish, microwave dish, and the like, HVAC equipment, or an emergency generator, appurtenant to the uses permitted under Section 5.1 of this Lease (“Rooftop Equipment”). The exact location and layout of the Rooftop Installation Areas shall be approved by Landlord and Tenant in their reasonable discretion and the square footage of the Rooftop Installation Areas shall be equal to Tenant’s Pro Rata Percentage of total rooftop areas made available to tenants in the Building for similar purposes (unless Tenant desires to use a smaller area). Tenant shall install Rooftop Equipment at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate and in accordance with all of the provisions of this 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 reasonably would be expected to damage the structural integrity of the Building. Tenant shall cooperate with Landlord as reasonably required to accommodate any re-roofing of the Building during the Term and Tenant shall be responsible for any costs associated with working around, moving or temporarily relocating Tenant’s Roof Equipment. Landlord shall use commercially reasonable efforts to complete any such re-roofing as soon as is practicable. Tenant shall have access to the rooftop for the purposes of exercising its rights and obligations under this Article 41 twenty-four (24) hours per day and seven (7) days per week, subject to Landlord’s reasonable security measures. EAST\174041517.9 Tenant shall engage Landlord’s roofer before beginning any rooftop installations or repairs of Rooftop Equipment, whether under this Article 41 or otherwise, and shall always comply with the roof warranty governing the protection of the roof and modifications to the 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 cause a qualified employee or contractor to inspect the Rooftop Installation Areas at least quarterly and as often as recommended by the manufacturer of any Rooftop Equipment and correct any loose bolts, fittings or other appurtenances and shall repair any damage to the roof caused by the installation or operation of Rooftop Equipment. Tenant shall pay Landlord following a written request therefor, with the next payment of Fixed Rent, (i) all applicable taxes or governmental charges, fees, or impositions imposed on Landlord because of Tenant’s use of the Rooftop Installation Areas (provided that Landlord reasonably documents the same) and (ii) the amount of any increase in Landlord’s insurance premiums as a result of the installation of Rooftop Equipment. All Rooftop Equipment shall be screened or otherwise designed so that it is not visible from the ground level of the Property. Tenant agrees that the installation, operation and removal of Rooftop Equipment shall be 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 (except to the extent due to the negligence or willful misconduct of Landlord or its employees, agents or contractors) arising out of the installation, use, operation, or removal of Rooftop Equipment by Tenant or its employees, agents, or contractors, including any liability arising out of Tenant’s violation of this Article 41. Landlord agrees it shall include in each lease with each tenant in the Building that has access to the roof substantially the same terms and conditions imposed on rooftop installations as apply to Tenant pursuant to this Section 41.1 and that Landlord shall use commercially reasonable efforts to enforce such terms and conditions against the other tenants in the Building. Excepting the responsibility to enforce the conditions described in the preceding sentence, Landlord assumes no responsibility for interference in the operation of Rooftop Equipment caused by other tenants’ equipment, or for interference in the operation of other tenants’ equipment caused by Rooftop Equipment, and Tenant hereby waives any claims against Landlord arising from such interference. The provisions of this paragraph shall survive for one (1) year following the expiration or earlier termination of this Lease. Landlord may have granted and may hereafter grant roof rights to other parties, and Landlord shall use commercially reasonable efforts to cause such other parties to minimize interference with Rooftop Equipment and shall not permit installations on the rooftop by other tenants or occupants except for equipment of the nature of the Rooftop Equipment. Tenant shall conduct, and Landlord shall conduct or require such other tenants to conduct, wind studies at any time that such equipment is installed on the roof, or any changes are made to the roof, by Tenant or any other tenant, as applicable, that may impact the Building’s exhaust patterns and ensure that any such equipment or other changes to the roof minimize impacts on such exhaust patterns. If Rooftop Equipment (i) causes physical damage to the structural integrity of the Building, (ii) materially interferes with any telecommunications, mechanical or other systems located at or servicing the Building or any building, premises or location in the vicinity of the Building, (iii) interferes with any other service provided to other tenants in the Building by rooftop installations installed prior to the installation of Rooftop Equipment or (iv) interferes with any other tenants’ EAST\174041517.9 business, in each case in excess of that permissible under Laws, including F.C.C. or other regulations (to the extent that such regulations apply and do not require such tenants or those providing such services to correct such interference or damage) (each of (i) through (iv) above being a “Rooftop Interference”), Tenant shall within two (2) business days of notice of a claim of Rooftop Interference cooperate with Landlord or any other tenant or third party making such claim to determine the source of the Rooftop Interference and effect a prompt solution at Tenant’s sole cost expense (if Rooftop Equipment caused such interference or damage). In the event Tenant disputes Landlord’s allegation that Tenant is causing or has caused a Rooftop Interference in writing delivered within five(5) business days of receiving Landlord’s notice claiming such Rooftop Interference, then Landlord and expense and for use solely by Tenant in connection with its business operations conducted in the Premises and not for use by non-occupant third parties, telecommunications and data processing equipment (including but not limited shall meet to satellite dishes, cell boosters and antennae)discuss a solution, and related wiring from if within seven (7) days of their initial meeting Landlord and Tenant are unable to resolve the roof dispute, then the matter shall be submitted to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed arbitration in accordance with the provisions set forth below. The parties shall direct the Connecticut office of the AAA (or, if there is none, the nearest AAA office with case management in Connecticut) to appoint an arbitrator who shall have a minimum of ten (10) years’ experience in commercial real estate disputes and who shall not be affiliated with either Landlord or Tenant. Both Landlord and Tenant shall have the opportunity to present evidence and outside consultants to the arbitrator. The arbitration shall be conducted in accordance with the expedited commercial real estate arbitration rules of the AAA insofar as such rules are not inconsistent with the provisions of this Section 9.12 Lease (in which case the provisions of this Lease shall govern). The cost of the arbitration (exclusive of each party’s witness and attorneys’ fees, which shall be permittedpaid by such party) shall be borne equally by the parties. Within ten (10) days of appointment, the arbitrator shall determine whether or not Rooftop Equipment is causing a problem with the Building and/or any other Building tenants’ equipment in the Building, and the appropriate resolution, if any. The Rooftop Communications Equipment arbitrator’s decision shall be screened from exterior view final and binding on the parties. If Tenant shall fail to cooperate with Landlord in resolving any such interference or if Tenant shall fail to implement the arbitrator’s decision within ten (10) days after it is issued, Landlord may at any time thereafter (i) declare an Event of Default and/or (ii) relocate the item(s) of Rooftop Equipment in dispute in a manner reasonably acceptable to Landlord and as may be required by consistent with the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed arbitral decision at Tenant’s personal property for purposes expense. Based on Landlord’s good faith determination that such relocation is necessary, Landlord reserves the right to cause Tenant to relocate Rooftop Equipment located on the roof to comparably functional space on the roof by giving Tenant prior notice of this Lease)such intention to relocate. If within thirty (30) days after receipt of such notice Tenant has not agreed with Landlord on the space to which Rooftop Equipment is to be relocated, the timing of such relocation, and shall reimburse Landlord any reasonablethe terms of such relocation, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. then Landlord shall have the right to permit make all such determinations in its reasonable judgment. Landlord agrees to pay the reasonable cost of moving Rooftop Equipment to such other tenants space, taking such other steps necessary to ensure comparable functionality of Rooftop Equipment, and finishing such space to a condition comparable to the then condition of the Building to lease space on the roof current location of the Building for such other party’s own rooftop antennae, satellite dishes and other telecommunications equipment to be used in the conduct of such tenant’s business operations in the Building and not elsewhere, provided that (i) Rooftop Equipment. Tenant shall continue arrange for the relocation of Rooftop Equipment within sixty (60) days after a comparable space is agreed upon or selected by Landlord, as the case may be. In the event Tenant fails to arrange for said relocation within the sixty (60) day period, Landlord shall have full access to the Rooftop Communications Equipment, (ii) Tenant’s right to installarrange for the relocation of Rooftop Equipment at Landlord’s expense, use, improve, add to and replace Rooftop Communications Equipment all of which shall be non-exclusive and shall be shared on performed in a pro rata basis with any such rights granted manner designed to other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in Tenant’s reasonable judgment, interfere minimize interference with Tenant’s use of the Rooftop Communications Equipment which is then in place.business. EAST\174041517.9

Appears in 1 contract

Samples: Lease (Arvinas, Inc.)

Rooftop Rights. (a) Provided that Tenant is then in occupancy of any portion of the Premises, then in accordance with, and subject to, the terms and conditions set forth in Article 8, and this Section 6.5, Tenant shall be permittedhave the right to install and maintain, in locations at Tenant's sole cost and expense but without the payment of any additional rent or fee, one (1) satellite dish/antennae on the roof of the Building as approved by Landlord in writing in advance(and reasonable equipment and cabling related thereto), to install, operate, maintain, repair and remove, all at Tenant’s sole cost and expense and for use solely receiving or transmitting signals or broadcasts servicing the business conducted by Tenant in connection with its business operations conducted in from within the Premises and not for use by non-occupant third parties, telecommunications and data processing (all such equipment (including but not limited is defined collectively as the "Telecommunications Equipment"). Landlord makes no representations or warranties whatsoever with respect to satellite dishes, cell boosters and antennae), and related wiring from the condition of the roof to the interior portions of the Premises to Building, or the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions fitness or suitability of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have the right to permit other tenants of the Building to lease space on the roof of the Building for the installation, maintenance and operation of the Telecommunications 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 other party’s own rooftop antennaesignals whether emanating from the Building or otherwise. The dimensions, satellite dishes physical appearance and other telecommunications equipment the weight of the Telecommunications Equipment shall be subject to Landlord's reasonable approval, the location of any such installation of the Telecommunications Equipment shall be used designated by Landlord subject to Tenant's reasonable approval and Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant's sole cost and expense, as reasonably designated by Landlord. Tenant shall maintain such Telecommunications Equipment, at Tenant's sole cost and expense. In the event Tenant elects to exercise its right to install the Telecommunications Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord any reasonable, out-of-pocket third party costs reasonably incurred by Landlord in approving such Telecommunications Equipment. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination of this Lease, or, in the conduct event Tenant no longer occupies any portion of the Premises, then upon the termination of Tenant's rights under this Section 6.5, and shall repair any damage to the affected portion of the rooftop and the Premises caused thereby. Such Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditioned, or delayed. Notwithstanding any such tenant’s business operations in the Building and not elsewherereview or approval by Landlord, provided that (i) Tenant shall continue remain solely liable for any damage to have full access to any portion of the Rooftop Communications Equipmentroof or roof membrane, (ii) specifically including any penetrations, in connection with Tenant’s right to install's installation, use, improvemaintenance and/or repair of such Telecommunications Equipment, add and Landlord shall have no liability therewith. Such Telecommunications equipment shall, in all instances, comply with Applicable Laws. Tenant shall not be entitled to and replace Rooftop Communications license its Telecommunications Equipment to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Telecommunications Equipment by an unrelated third party. Tenant's right to install such Telecommunication Equipment shall be non-exclusive exclusive, and shall be shared on a pro rata basis with Tenant hereby expressly acknowledges Landlord's continued right (i) to itself utilize any rooftop space, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such rights granted to other tenant(sLandlord (or third-party) in the Buildings, (iii) Landlord use shall not install, and shall prohibit materially interfere with (or preclude the installation and/or operation by any other party of) Tenant's Telecommunications Equipment. 792986.06/WLA 186772-00003/2-28-19/gjn/gjn -20- Xxxxxxx Xxxx Development, any additional microwave dishes/earth satellite disksLLC [285 East Grand Avenue] [Unity Biotechnology, antennae, towers and/or other structures on the roof which would, in Tenant’s reasonable judgment, interfere with Tenant’s use of the Rooftop Communications Equipment which is then in place.Inc.]

Appears in 1 contract

Samples: Lease (Unity Biotechnology, Inc.)

Rooftop Rights. (a) Tenant shall be permitted, in locations on the roof of the Building as reasonably approved by Landlord in writing in advance, to install, operate, maintain, repair and remove, or Landlord may install on behalf of Tenant, all at Tenant’s sole cost and expense and for use solely by Tenant in connection with its business operations conducted in the Premises and not for use by non-occupant third parties, (i) telecommunications and data processing equipment (including but not limited to satellite dishes, generators, cell boosters and antennae), and related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), and (ii) such supplementary HVAC and other equipment serving solely the Premises, consistent with Tenant’s use of the Premises (collectively, with the Rooftop Communications Equipment, the “Rooftop Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power and HVAC (if any) that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have the right to permit other tenants of the Building to lease space on the roof of the Building for such other party’s own rooftop antennae, satellite dishes and other telecommunications equipment to be used in the conduct of such tenant’s business operations in the Building and not elsewhere, provided that (i) Tenant shall continue to have full access to the Rooftop Communications Equipment, (ii) Tenant’s right to install, use, improve, add to and replace Rooftop Communications Equipment shall be non-exclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof Roof which would, in Tenant’s reasonable judgment, interfere with Tenant’s use of the Rooftop Communications Equipment which is then in place.

Appears in 1 contract

Samples: SQZ Biotechnologies Co

Rooftop Rights. Landlord grants Tenant the appurtenant, non exclusive, and irrevocable (aexcept upon the expiration or earlier termination of this Lease) Tenant shall be permittedlicense at no additional charge, in locations on but otherwise subject to the terms and conditions of this Lease, to use a *Omitted information is the subject of a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934 and has been filed separately with the Securities and Exchange Commission. contiguous portion of the roof of the Building as approved by Landlord in writing in advance, (the “Rooftop Installation Areas”) to install, operate, maintain, repair and removereplace telecommunications, all at Tenant’s sole cost and expense and for use solely by Tenant in connection with its business operations conducted in the Premises and not for use by non-occupant third partieselectrical, telecommunications and data processing equipment alternative energy generation (including but not limited to satellite dishessolar panels, cell boosters fuel cells, wind turbines, and antennaeco-generation facilities), and related wiring mechanical equipment for Tenant’s own use, such as a satellite dish, microwave dish, and the like or HVAC equipment, appurtenant to the uses permitted under Section 5.1 of the Lease (“Rooftop Equipment”). The exact location and layout of the Rooftop Installation Areas shall be approved by Landlord and Tenant in their reasonable discretion and the square footage of the Rooftop Installation Areas shall be equal to Tenant’s Pro Rata Percentage of total rooftop areas made available to tenants in the Building for similar purposes (unless Tenant desires to use a smaller area). Tenant shall install Rooftop Equipment at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate and in accordance with all of the provisions of this 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 reasonably would be expected to damage the structural integrity of the Building. Tenant shall cooperate with Landlord as reasonably required to accommodate any re-roofing of the Building during the Term and Tenant shall be responsible for any costs associated with working around, moving or temporarily relocating Tenant’s Roof Equipment. Landlord shall use commercially reasonable efforts to complete any such re-roofing as soon as is practicable. Tenant shall have access to the rooftop for the purposes of exercising its rights and obligations under this Article 41 twenty-four (24) hours per day and seven (7) days per week, subject to Landlord’s reasonable security measures. Tenant shall engage Landlord’s roofer before beginning any rooftop installations or repairs of Rooftop Equipment, whether under this Article 41 or otherwise, and shall always comply with the roof warranty governing the protection of the roof and modifications to the 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 cause a qualified employee or contractor to inspect the Rooftop Installation Areas at least quarterly and as often as recommended by the manufacturer of any Rooftop Equipment and correct any loose bolts, fittings or other appurtenances and shall repair any damage to the roof caused by the installation or operation of Rooftop Equipment. Tenant shall pay Landlord following a written request therefor, with the next payment of Fixed Rent, (i) all applicable taxes or governmental charges, fees, or impositions imposed on Landlord because of Tenant’s use of the Rooftop Installation Areas and (ii) the amount of any increase in Landlord’s insurance premiums as a result of the installation of Rooftop Equipment. All Rooftop Equipment shall be screened or otherwise designed so that it is not visible from the roof to the interior portions ground level of the Premises Property. Tenant agrees that the installation, operation and removal of Rooftop Equipment shall be 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 (except to the extent reasonably necessary due to the negligence or willful misconduct of Landlord or its employees, agents or contractors) arising out of the installation, use, operation, or removal of *Omitted information is the subject of a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934 and has been filed separately with the Securities and Exchange Commission. 63 Rooftop Equipment by Tenant or its employees, agents, or contractors, including any liability arising out of Tenant’s violation of this Article 41. Landlord agrees it shall include in each lease with each tenant in the Building that has access to the roof substantially the same terms and conditions imposed on rooftop installations as apply to Tenant pursuant to this Section 41.1 and that Landlord shall use commercially reasonable efforts to enforce such terms and conditions against the other tenants in the Building. Excepting the responsibility to enforce the conditions described in the preceding sentence, Landlord assumes no responsibility for interference in the operation of Rooftop Equipment caused by other tenants’ equipment, or for interference in the operation of other tenants’ equipment caused by Rooftop Equipment, and Tenant hereby waives any claims against Landlord arising from such interference. The provisions of this paragraph shall survive for one (collectively1) year following the expiration or earlier termination of this Lease. Landlord may have granted and may hereafter grant roof rights to other parties, and Landlord shall use commercially reasonable efforts to cause such other parties to minimize interference with Rooftop Equipment and shall not permit installations on the rooftop by other tenants or occupants except for equipment of the nature of the Rooftop Equipment. Tenant shall conduct, and Landlord shall conduct or require such other tenants to conduct, wind studies at any time that such equipment is installed on the roof, or any changes are made to the roof, by Tenant or any other tenant, as applicable, that may impact the Building’s exhaust patterns and ensure that any such equipment or other changes to the roof minimize impacts on such exhaust patterns. If Rooftop Equipment (i) causes physical damage to the structural integrity of the Building, (ii) materially interferes with any telecommunications, mechanical or other systems located at or servicing the Building or any building, premises or location in the vicinity of the Building, (iii) interferes with any other service provided to other tenants in the Building by rooftop installations installed prior to the installation of Rooftop Equipment or (iv) interferes with any other tenants’ business, in each case in excess of that permissible under Laws, including F.C.C. or other regulations (to the extent that such regulations apply and do not require such tenants or those providing such services to correct such interference or damage) (each of (i) through (iv) above being a “Rooftop Communications EquipmentInterference”), provided Tenant shall within two (2) business days of notice of a claim of Rooftop Interference cooperate with Landlord or any other tenant or third party making such claim to determine the same complies with all Legal Requirements, all Title Matters and the provisions source of the Condominium DocumentsRooftop Interference and effect a prompt solution at Tenant’s expense (if Rooftop Equipment caused such interference or damage). No rooftop installations other than In the event Tenant disputes Landlord’s allegation that Tenant is causing or has caused a Rooftop Communications Equipment installed Interference in writing delivered within five(5) business days of receiving Landlord’s notice claiming such Rooftop Interference, then Landlord and Tenant shall meet to discuss a solution, and if within seven (7) days of their initial meeting Landlord and Tenant are unable to resolve the dispute, then the matter shall be submitted to arbitration in accordance with the provisions set forth below. The parties shall direct the Connecticut office of the AAA (or, if there is none, the nearest AAA office with case management in Connecticut) to appoint an arbitrator who shall have a minimum of ten (10) years’ experience in commercial real estate disputes and who shall not be affiliated with either Landlord or Tenant. Both Landlord and Tenant shall have the opportunity to present evidence and outside consultants to the arbitrator. The arbitration shall be conducted in accordance with the expedited commercial real estate arbitration rules of the AAA insofar as such rules are not inconsistent with the provisions of this Section 9.12 Lease (in which case the provisions of this Lease shall govern). The cost of the arbitration (exclusive of each party’s witness and *Omitted information is the subject of a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934 and has been filed separately with the Securities and Exchange Commission. attorneys’ fees, which shall be permittedpaid by such party) shall be borne equally by the parties. Within ten (10) days of appointment, the arbitrator shall determine whether or not Rooftop Equipment is causing a problem with the Building and/or any other Building tenants’ equipment in the Building, and the appropriate resolution, if any. The Rooftop Communications Equipment arbitrator’s decision shall be screened from exterior view final and binding on the parties. If Tenant shall fail to cooperate with Landlord in resolving any such interference or if Tenant shall fail to implement the arbitrator’s decision within ten (10) days after it is issued, Landlord may at any time thereafter (i) declare an event of default and/or (ii) relocate the item(s) of Rooftop Equipment in dispute in a manner reasonably acceptable to Landlord and as may be required by consistent with the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed arbitral decision at Tenant’s personal property for purposes expense. Based on Landlord’s good faith determination that such relocation is necessary, Landlord reserves the right to cause Tenant to relocate Rooftop Equipment located on the roof to comparably functional space on the roof by giving Tenant prior notice of this Lease)such intention to relocate. If within thirty (30) days after receipt of such notice Tenant has not agreed with Landlord on the space to which Rooftop Equipment is to be relocated, the timing of such relocation, and shall reimburse Landlord any reasonablethe terms of such relocation, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. then Landlord shall have the right to permit make all such determinations in its reasonable judgment. Landlord agrees to pay the reasonable cost of moving Rooftop Equipment to such other tenants space, taking such other steps necessary to ensure comparable functionality of Rooftop Equipment, and finishing such space to a condition comparable to the then condition of the Building to lease space on the roof current location of the Building for such other party’s own rooftop antennae, satellite dishes and other telecommunications equipment to be used in the conduct of such tenant’s business operations in the Building and not elsewhere, provided that (i) Rooftop Equipment. Tenant shall continue arrange for the relocation of Rooftop Equipment within sixty (60) days after a comparable space is agreed upon or selected by Landlord, as the case may be. In the event Tenant fails to arrange for said relocation within the sixty (60) day period, Landlord shall have full access to the Rooftop Communications Equipment, (ii) Tenant’s right to installarrange for the relocation of Rooftop Equipment at Landlord’s expense, use, improve, add to and replace Rooftop Communications Equipment all of which shall be non-exclusive and shall be shared on performed in a pro rata basis with any such rights granted manner designed to other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in Tenant’s reasonable judgment, interfere minimize interference with Tenant’s use of the Rooftop Communications Equipment which is then in place.business. ARTICLE 42

Appears in 1 contract

Samples: Lease (Alexion Pharmaceuticals Inc)

Rooftop Rights. Provided that Tenant is then in occupancy of the Premises, then in accordance with, and subject to, the terms and conditions set forth in Article 5, above, and this Section 26.23, Tenant may install and maintain, at Tenant’s sole cost and expense, one (a1) Tenant shall be permitted, in locations satellite dish/antenna on the roof of the Building which shall be no larger than no larger than eighteen (18) inches wide/tall in height and diameter (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as the “Telecommunications Equipment”) upon the roof of the Building. 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, 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 pay the prevailing rate charged from time to time for the use of the Telecommunications Equipment, provided that Tenant shall not be obligated to pay a fee in connection with the Telecommunications Equipment during the initial Term. The Telecommunications Equipment shall be located at a location on the roof of the Building reasonably approved by Landlord, and Landlord in writing in advancemay require Tenant to install screening around such Telecommunications Equipment, to install, operate, maintain, repair and remove, all at Tenant’s sole cost and expense expense, as designated by Landlord, in Landlord’s sole discretion. The physical appearance of the Telecommunications Equipment shall be subject to Landlord’s approval, in Landlord’s sole discretion. Tenant shall maintain such Telecommunications Equipment, at Tenant’s sole cost and for use solely expense, in a first-class condition. In the event Tenant elects to exercise its right to install the Telecommunication Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in reviewing the proposed Telecommunications Equipment. Tenant in connection with its business operations conducted in shall remove such Telecommunications Equipment upon the Premises and not for use by non-occupant third parties, telecommunications and data processing equipment (including but not limited to satellite dishes, cell boosters and antennae)expiration or earlier termination of the Lease, and related wiring from shall return the roof to affected portion of the interior portions of rooftop and the Premises to the extent reasonably necessary (collectively, condition the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters rooftop and the provisions of the Condominium DocumentsPremises would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear accepted). No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Such Telecommunications Equipment shall be screened from exterior view installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring of the Rooftop Communications Equipment (same being deemed TenantLandlord’s personal property for purposes of this Lease)sole discretion, and shall reimburse Landlord not interfere with any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have the right to permit other tenants of the Building to lease space existing telecommunications equipment located on the roof of the Building Building. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for such other partyany damage to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s own rooftop antennaeinstallation, satellite dishes and other telecommunications equipment to be used in the conduct use, maintenance and/or repair of such tenant’s business operations Telecommunications Equipment, and Landlord shall have no liability in the Building and not elsewhereconnection therewith. Such Telecommunications Equipment shall, provided that (i) in all instances, comply with applicable Requirements. Tenant shall continue not be entitled to have full access license its Telecommunications Equipment to any unrelated third party, nor shall Tenant be permitted to receive any revenue, fees or any other consideration for the Rooftop Communications Equipment, (ii) use of such Telecommunications Equipment by an unrelated third party. Tenant’s right to install, use, improve, add to and replace Rooftop Communications install such Telecommunication Equipment shall be non-exclusive exclusive, and shall be shared on a pro rata basis with Tenant hereby expressly acknowledges Landlord’s continued right (i) to itself utilize any rooftop space, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, that such rights granted to other tenant(sLandlord (or third-party) in the Buildings, (iii) Landlord use shall not install, and shall prohibit materially interfere with the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in then existing Tenant’s reasonable judgment, interfere with Tenant’s use of the Rooftop Communications Telecommunications Equipment which is in its then in placeexisting position.

Appears in 1 contract

Samples: Agreement of Sublease (Sunrun Inc.)

Rooftop Rights. (a) With respect to each Building occupied by Tenant, Tenant shall be permittedmay, in locations on the roof of accordance with, and subject to (A) reasonable construction rules and regulations promulgated by Landlord and provided to Tenant, (B) the Building as approved by Landlord standards therefor which have been provided to Tenant, and (C) the terms and conditions set forth in writing in advancethis Lease (including, to without limitation, Article 8 and this Article 22), Tenant may install, operaterepair, maintainmaintain and use, repair and remove, all at Tenant’s sole cost and expense expense, without the payment of Rent (other than costs allowed to be included in Direct Expenses pursuant to Article 4 of this Lease), one (1) or more antenna or other telecommunications equipment and HVAC equipment on the roof of each Building for use solely the receiving and transmitting of signals or broadcasts servicing the business conducted by Tenant from within the Premises or providing conditioned air to the Premises (the "Rooftop Equipment"). Tenant shall be solely responsible for any and all costs incurred or arising in connection with its business operations conducted in the Premises and not for use by non-occupant third partiesRooftop Equipment, telecommunications and data processing equipment (including but not limited to satellite dishes, cell boosters costs of electricity and antennae), and insurance related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring Tenant shall ensure that such Rooftop Equipment shall not interfere with the operation of (or preclude the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes installation of) other equipment on the roof of this Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metereda Building. Landlord shall have makes no representations or warranties whatsoever with respect to the right to permit other tenants fitness or suitability of the Building to lease space on the roof of the Building for the installation, maintenance and operation of the Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such other partysignals whether emanating from the Building or otherwise. The physical appearance, size and location of the Rooftop Equipment shall be subject to Landlord’s own rooftop antennaeapproval, satellite dishes which approval shall not be unreasonably withheld, and other telecommunications equipment Landlord may require Tenant to install screening around such Rooftop Equipment, at Tenant’s sole cost and expense, if Tenant’s Rooftop Equipment would otherwise be used visible from outside the Project. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord no less than thirty (30) days' prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment, including any third-party consultant fees. Tenant's rights under this Article 22 shall terminate and shall be of no further force or effect upon the conduct expiration or earlier termination of such tenant’s business operations in the Lease with respect to each Building. Prior to the expiration or earlier termination of this Lease, Tenant shall remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear and damage from casualty that is Landlord's obligation to repair pursuant to Article 11 excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval shall not elsewherebe unreasonably withheld, provided that (i) conditioned or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall continue remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to have full access any portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant's use, maintenance and/or repair of such Rooftop Communications Equipment. The Rooftop Equipment shall, (ii) in all instances, comply with all Applicable Laws. Subject to Tenant’s rights under Section 29.34, Tenant shall not be entitled to license its Rooftop Equipment to any third party other than a Permitted Transferee, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of the Rooftop Area and/or such Rooftop Equipment by any third party, in excess of the sublease rents otherwise payable in accordance with any subletting of all or a portion of the Premises. Tenant’s right to install, use, improve, add to and replace install such Rooftop Communications Equipment shall be non-exclusive with Landlord, and shall be shared on Tenant hereby expressly acknowledges Landlord’s continued right, at Landlord's sole cost and expense (and not as an Operating Expense) (i) to itself utilize any portion of the rooftop of a pro rata basis with Building, and (ii) to re-sell, license or lease any such rights granted rooftop space to other tenant(s) in an unaffiliated third party; provided that from and after the BuildingsLease Commencement Date, (iii) Landlord shall not installpermit any lessee, and shall prohibit the installation and/or operation by any licensee or other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, in Tenant’s reasonable judgment, permitted user of rooftop space to interfere with Tenant’s use business operations at the Project, Tenant’s Rooftop Equipment, or any of the Tenant’s rights under this Lease in connection with any such activities. Notwithstanding the foregoing, (a) Landlord, at Landlord’s sole cost and expense, shall cause all rooftop equipment of other tenants of the Project to be promptly removed upon the expiration or earlier termination of such tenants’ leases, and (b) any existing Rooftop Communications Equipment which is then in placeof Tenant affixed to the Project as of the Lease Commencement Date shall not require Landlord’s approval hereunder.

Appears in 1 contract

Samples: Sorrento Summit (Nuvasive Inc)

Rooftop Rights. (a) Tenant Tenant, its agents, employees and contractors shall be permitted, in locations on entitled to access the roof roofs of the Buildings during the Term. Subject to (A) reasonable construction rules and regulations promulgated by Landlord, (B) the Landlord’s reasonable Building as approved by Landlord standards therefor, and (C) the terms and conditions set forth in writing in advancethis Lease (including, without limitation, Section 7.3 of the Lease and this Section 6), Tenant, without any obligation to pay rent for the Rooftop Area, may install, operaterepair, maintainmaintain and use, repair and remove, all at Tenant’s sole cost and expense expense, up to two (2) satellite dish(es), television or communications antenna or facility, related receiving equipment, related cable connections and other related or similar equipment (the “Rooftop Equipment”) on the roof of the Building. The Rooftop Equipment shall be located in an area on the roof reasonably approved by Landlord (the “Rooftop Area”). Tenant shall be solely responsible for use solely by Tenant any and all costs incurred or arising in connection with its business operations conducted in the Premises and not for use by non-occupant third partiesRooftop Equipment, telecommunications and data processing equipment (including but not limited to satellite dishes, cell boosters costs of electricity and antennae), and insurance related wiring from the roof to the interior portions of the Premises to the extent reasonably necessary (collectively, the “Rooftop Communications Equipment”), provided the same complies with all Legal Requirements, all Title Matters and the provisions of the Condominium Documents. No rooftop installations other than Rooftop Communications Equipment installed in accordance with the provisions of this Section 9.12 shall be permitted. The Rooftop Communications Equipment shall be screened from exterior view in a manner reasonably acceptable to Landlord and as may be required by the Town of Watertown. Tenant shall be responsible for all costs and expenses associated with or relating to the Rooftop Communications Equipment, including installation, operation, maintenance, use, removal and insuring Tenant shall ensure that such Rooftop Equipment shall not interfere with the operation of (or preclude the installation of) other equipment on the roof of the Rooftop Communications Equipment (same being deemed Tenant’s personal property for purposes of this Building. Except as expressly set forth in the Lease), and shall reimburse Landlord any reasonable, actual out-of-pocket costs incurred by Landlord in connection therewith, including, but not limited without limitation the Work Letter, Landlord makes no representations or warranties whatsoever with respect to any costs for electric power that Tenant uses in the Building for the Rooftop Communications Equipment, as separately metered. Landlord shall have the right to permit other tenants condition of the Building to lease space on roof of the Building, or the fitness or suitability of the roof of the Building for the installation, maintenance and operation of the Rooftop Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Rooftop Equipment and the presence of any interference with such other partysignals whether emanating from the Building or otherwise. The physical appearance and the size of the Rooftop Equipment shall be subject to Landlord’s own rooftop antennaeapproval, satellite dishes which approval shall not be unreasonably withheld, conditioned or delayed, the location of the Rooftop Area shall be reasonably designated by Landlord, and other telecommunications equipment Landlord may require Tenant to be used install screening around such Rooftop Area, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall service, maintain and repair such Rooftop Equipment, at Tenant’s sole cost and expense. If the Rooftop Equipment is not installed as part of Tenant’s initial Tenant Improvements, in the conduct event Tenant elects to exercise its right to install the Rooftop Equipment, then Tenant shall give Landlord no less than thirty (30) days’ prior notice thereof. Tenant shall reimburse Landlord for the actual costs reasonably incurred by Landlord in approving such Rooftop Equipment. Tenant’s rights under this Section shall terminate and shall be of such tenant’s business operations in no further force or effect upon the expiration or earlier termination of this Lease. Not later than the expiration or earlier termination of this Lease, Tenant shall remove and restore the affected portion of the rooftop, the Building and the Premises to the condition the rooftop, the Building and the Premises would have been in had no such Rooftop Equipment been installed (reasonable wear and tear and damage from casualty that is Landlord’s obligation to repair pursuant to Article 11 excepted). Such Rooftop Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval shall not elsewherebe unreasonably withheld, provided that (i) conditioned or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall continue to have full access remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Rooftop Equipment, including, without limitation, any damage to the Rooftop Communications EquipmentArea or any other portion of the roof or roof membrane and any penetrations to the roof. Landlord and Tenant hereby acknowledge and agree that, (ii) Tenantexcept to the extent caused by Landlord’s right to installnegligence or willful misconduct, useor that of Landlord’s agents, improveemployees or contractors, add to and replace Rooftop Communications Equipment shall be non-exclusive and shall be shared on a pro rata basis with any such rights granted to other tenant(s) in the Buildings, (iii) Landlord shall not install, and shall prohibit the installation and/or operation by any other party of, any additional microwave dishes/earth satellite disks, antennae, towers and/or other structures on the roof which would, have no liability in Tenant’s reasonable judgment, interfere connection with Tenant’s use, maintenance and/or repair of such Rooftop Equipment. The Rooftop Area and Rooftop Equipment shall, in all instances, comply with all Applicable Laws. Tenant shall not be entitled to license its Rooftop Equipment to any third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of the Rooftop Communications Area and/or such Rooftop Equipment which is then in placeby a third party.

Appears in 1 contract

Samples: Lease (Proofpoint Inc)

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