Common use of Rooftop Rights Clause in Contracts

Rooftop Rights. In accordance with, and subject to, the terms and conditions set forth in Article 8, below, and this Section 6.5, Tenant, on a non-exclusive basis and without the payment of any additional rent or other license fee, may install, repair and replace, at Tenant’s sole cost and expense, satellite dishes/antennae on the roof of the Building which shall be no larger than twenty-four inches (24”) in diameter (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as the “Telecommunications 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 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. The physical appearance and the size 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 Tenant subject to Landlord’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. Tenant shall reimburse to Landlord the reasonable, out-of-pocket costs reasonably incurred by Landlord in approving such Telecommunications Equipment. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination of the Lease, and shall return the affected portion of the rooftop and the Premises to the condition the rooftop and the Premises would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear, casualty and condemnation excepted), unless Landlord, in its sole discretion, elects in a written notice to Tenant to keep all or any portion of such Telecommunications Equipment, in which case such Telecommunications Equipment shall be surrendered by Tenant to Landlord, and shall be and become the property of Landlord without the necessity of any further written documentation (unless reasonably requested by Landlord), upon the expiration or earlier termination of this Lease, provided Landlord pays to Tenant the fair market value of the Telecommunications Equipment retained by Landlord. 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 review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment, and Landlord shall have no liability therewith. Such Telecommunications Equipment shall, in all instances, comply with all [535 Mission Street] Applicable Laws. Tenant shall not be entitled to 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 third party. Tenant hereby expressly acknowledges that Landlord shall have the right (i) to itself utilize any rooftop space for the use of equipment, and (ii) to re-sell, license or lease any rooftop space to any third party for the use of equipment; provided, however, that so long as Tenant and the Telecommunications Equipment are in compliance with Applicable Laws and this Lease (including, without limitation, the operation of such Telecommunications Equipment within permitted frequencies), then (A) any third party use permitted by Landlord after the installation of the Telecommunications Equipment shall not unreasonably interfere with the Telecommunications Equipment or signals or services provided to Tenant thereby, and (B) Tenant’s rights under this Section 6.5 shall be superior to the rights of any third parties which buy, license or lease rooftop space at the Project.

Rooftop Rights. In accordance with, and subject to, the terms and conditions set forth in Article 8, below, and this Section 6.5, Tenant, on a an non-exclusive basis and without the payment of any additional rent or other license feebasis, may install, repair use the Building’s roof for the installation and replacemaintenance, at Tenant’s sole cost and expense, of one (1) satellite dishesdish/antennae antenna on the roof of the Building which shall be no larger than twenty-four inches (24”) in diameter (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as the “Telecommunications Equipment”). In the event Tenant desires to install one (1) additional satellite dish/antenna on the roof of the Building (and reasonable equipment related thereto), Tenant may request in writing Landlord’s consent to the same and Landlord shall grant such request if Landlord determines in its reasonable judgment that reasonable additional space is available for such use. 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 Landlord, and Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. 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. The physical appearance and the size 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 Tenant subject to Landlord’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. Tenant shall reimburse to Landlord the reasonable, out-of-pocket costs reasonably incurred by Landlord in approving such Telecommunications Equipment. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination of the Lease, and shall return the affected portion of the rooftop and the Premises to the condition the rooftop and the Premises would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear, casualty and condemnation tear excepted), unless Landlord, in its sole discretion, elects in a written notice to Tenant to keep all or any portion of such Telecommunications Equipment, in which case such Telecommunications Equipment shall be surrendered by Tenant to Landlord, and shall be and become the property of Landlord without the necessity of any further written documentation (unless reasonably requested by Landlord), upon the expiration or earlier termination of this Lease, provided Landlord pays to Tenant the fair market value of the Telecommunications Equipment retained by Landlord. 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 review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment, and Landlord shall have no liability therewith. Such Telecommunications Equipment shall, in all instances, comply with all [535 Mission Street] Applicable applicable Laws. Tenant shall not be entitled to 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 third party. Tenant hereby expressly acknowledges that Landlord shall have the right (i) to itself utilize any rooftop space for the use of equipment, and (ii) to re-sell, license or lease any rooftop space to any third party for the use of equipment; provided, however, that so long as Tenant and the Telecommunications Equipment are in compliance with Applicable Laws and this Lease (including, without limitation, the operation of such Telecommunications Equipment within permitted frequencies), then (A) any third party use permitted by Landlord after the installation of the Telecommunications Equipment shall not unreasonably interfere with the Telecommunications Equipment or signals or services provided to Tenant thereby, and (B) Tenant’s rights under this Section 6.5 shall be superior to the rights of any third parties which buy, license or lease rooftop space at the Project.

Rooftop Rights. In accordance withAt any time during the Lease Term, and subject to, to the terms and conditions set forth in Article 8of this Lease, below, and this Section 6.5, Tenant, on a non-exclusive basis and without the payment of any additional rent or other license fee, Tenant may install, repair and replace, at Tenant’s sole cost and expense, satellite communications dishes/antennae on , antennae, or comparable communications equipment upon the roof of the Building which shall be no larger than twenty-four inches (24”) in diameter (Building, and reasonable make associated connections of Tenant's rooftop equipment and cabling related thereto), for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as equipment, installations and connections, collectively, the “Telecommunications Equipment”). Landlord makes no representations or warranties whatsoever with respect Provided that Tenant continues to lease the condition entire Building (other than the Sign Utility Room) the use of the roof of the Building, or the fitness or suitability of the roof such areas of the Building for the installation, maintenance and operation installation of the Telecommunications EquipmentEquipment shall be for the sole use of Tenant in connection with its business operations in the Premises, including, and shall be without limitation, the payment of any additional Base Rent or Direct Expenses 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 otherwisethereto. The physical appearance and the size 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 Tenant Landlord (subject to Landlord’s Tenant's reasonable approval 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 Equipmentbe responsible, at Tenant’s sole cost and expense. Tenant shall reimburse to Landlord , for (i) obtaining all permits or other governmental approvals required in connection with the reasonable, out-of-pocket costs reasonably incurred by Landlord in approving such Telecommunications Equipment. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination of the Lease, and shall return the affected portion of the rooftop and the Premises to the condition the rooftop and the Premises would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear, casualty and condemnation excepted), unless Landlord, in its sole discretion, elects in a written notice to Tenant to keep all or any portion of such Telecommunications Equipment, in which case such (ii) installing, repairing and maintaining and causing the Telecommunications Equipment shall be surrendered by Tenant to Landlordcomply with all Applicable Laws, and shall be and become the property of Landlord without the necessity of any further written documentation (unless reasonably requested by Landlord), upon iii) prior to the expiration or earlier termination of this Lease, provided Landlord pays to Tenant the fair market value removal of the Telecommunications Equipment retained by Landlord. Such Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically includingall associated wiring, without limitation, and the restoration of all mounting and waterproofing details), which approval will not be unreasonably withheld, conditioned, or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion affected areas of the Building to the condition existing prior to the installation thereof, including restoration of any roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment, and Landlord . In no event shall have no liability therewith. Such Telecommunications Equipment shall, in all instances, comply with all [535 Mission Street] Applicable Laws. Tenant shall not be entitled to license its permit the Telecommunications Equipment to interfere with the systems of any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees building in the Project or any other consideration for the use of such Telecommunications Equipment by an third party. Tenant hereby expressly acknowledges that Landlord shall have the right (i) to itself utilize communications equipment at or servicing any rooftop space for the use of equipment, and (ii) to re-sell, license or lease any rooftop space to any third party for the use of equipment; provided, however, that so long as Tenant and the Telecommunications Equipment are building in compliance with Applicable Laws and this Lease (including, without limitation, the operation of such Telecommunications Equipment within permitted frequencies), then (A) any third party use permitted by Landlord after the installation of the Telecommunications Equipment shall not unreasonably interfere with the Telecommunications Equipment or signals or services provided to Tenant thereby, and (B) Tenant’s rights under this Section 6.5 shall be superior to the rights of any third parties which buy, license or lease rooftop space at the Project.

Rooftop Rights. In accordance withSubject to Landlord's review and prior written approval, which shall not be unreasonably withheld, and subject toto compliance with applicable laws and all restrictions of record, the terms and conditions set forth in Article 8, below, and this Section 6.5, Tenant, on a non-exclusive basis and without the payment of any additional rent or other license fee, may install, repair and replaceTenant shall, at Tenant’s sole cost and expenseall times during the term of this Lease, satellite dishes/antennae on have the roof of right to use the Building which shall be no larger than twenty-four inches (24”) in diameter (and reasonable equipment and cabling related thereto), Building's shafts for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant from within conduits between the Premises (all such equipment is defined collectively as the “Telecommunications 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 and the roof of the Building for the installationinstallation and maintenance of conduits and cables to extend to communications equipment located or to be located on the roof. Further, maintenance subject to availability of space and operation Landlord's prior written approval (not to be unreasonably withheld, conditioned or delayed) of the Telecommunications Equipmentsize, includinglocation, 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 subject to compliance with all applicable laws and all restrictions of record. Landlord's approval rights shall include without limitation, review and approval of the procedures and personnel with respect to the quality installation, maintenance, and clarity operation. Tenant shall not be obligated to pay rental for any equipment which may be installed. Use 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. The physical appearance and the size of the Telecommunications Equipment roof space shall be subject to Landlord’s reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Tenant subject to Landlord’s reasonable approval rules 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. Tenant shall reimburse to Landlord the reasonable, out-of-pocket costs reasonably incurred regulations specified by Landlord in approving and to Tenant's obtaining such Telecommunications Equipmentinsurance coverage as Landlord shall reasonably require. Tenant shall remove such Telecommunications Equipment upon At the expiration or earlier termination of the Lease, and Tenant, at its expense, shall return remove the affected portion communications equipment. Any work required to restore the roof or any other part of the rooftop 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 Premises communications equipment, including without limitation, any damage to property and/or injury or death to persons caused thereby from the condition installation, maintenance, and operation. The installation, maintenance, relocation, and removal of the communications equipment will be performed in such a manner as not to interfere with the operation of the Building. All communications equipment shall be maintained by the Tenant at Tenant's sole cost and expense in good and safe condition. The communications equipment shall be used solely by Tenant in the ordinary course of its business, and Tenant shall not allow any parties other than Tenant to use such equipment or the rooftop and the Premises would have been in had no such Telecommunications Equipment been installed (reasonable wear and tearwithout Landlord's prior written consent, casualty and condemnation excepted), unless Landlord, in its sole discretion, elects in a written notice to Tenant to keep all or any portion not be unreasonably withheld. The terms of such Telecommunications Equipment, in which case such Telecommunications Equipment this Section 16.29 shall be surrendered by Tenant to Landlord, and shall be and become the property of Landlord without the necessity of any further written documentation (unless reasonably requested by Landlord), upon survive the expiration or earlier termination of this Lease, provided Landlord pays to Tenant the fair market value of the Telecommunications Equipment retained by Landlord. 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 review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment, and Landlord shall have no liability therewith. Such Telecommunications Equipment shall, in all instances, comply with all [535 Mission Street] Applicable Laws. Tenant shall not be entitled to 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 third party. Tenant hereby expressly acknowledges that Landlord shall have the right (i) to itself utilize any rooftop space for the use of equipment, and (ii) to re-sell, license or lease any rooftop space to any third party for the use of equipment; provided, however, that so long as Tenant and the Telecommunications Equipment are in compliance with Applicable Laws and this Lease (including, without limitation, the operation of such Telecommunications Equipment within permitted frequencies), then (A) any third party use permitted by Landlord after the installation of the Telecommunications Equipment shall not unreasonably interfere with the Telecommunications Equipment or signals or services provided to Tenant thereby, and (B) Tenant’s rights under this Section 6.5 shall be superior to the rights of any third parties which buy, license or lease rooftop space at the Project.

Rooftop Rights. In accordance with, and subject to, the terms and conditions set forth in Article 8, below, and this Section 6.5, Tenant, on a Tenant shall have the non-exclusive basis right to use the Building’s roof for the installation and without the payment of any additional rent or other license fee, may install, repair and replacemaintenance, at Tenant’s sole cost and expense, satellite dishes/antennae or other telecommunications devices on the roof of the Building which shall be no larger than twenty-four inches (24”) in diameter (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as the “Telecommunications Equipment”), as well as the installation, use and maintenance of conduit and other related equipment (the “Ancillary Equipment”). The manner of installation and the particular specifications of the Telecommunications Equipment and Ancillary Equipment shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Landlord makes no representations or warranties whatsoever with respect to the condition of the roof of the Building, or the fitness or suitability of the roof of the Building for the installation, maintenance and operation of the Telecommunications Equipment or the Ancillary Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance and the size 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 Tenant subject to Landlord’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 EquipmentEquipment and Ancillary Equipment in good condition and repair, at Tenant’s sole cost and expense. Tenant shall reimburse to Landlord the reasonable, out-of-pocket costs reasonably incurred by Landlord in approving such Telecommunications Equipment. Tenant shall remove such Telecommunications Equipment and Ancillary Equipment upon the expiration or earlier termination of the Lease, and shall return the affected portion of the rooftop and the Premises to the condition the rooftop and the Premises would have been in had no such Telecommunications Equipment and/or Ancillary Equipment been installed (reasonable wear and tear, casualty and condemnation tear excepted), unless Landlord, in its sole discretion, elects in a written notice to Tenant to keep all or any portion of such Telecommunications Equipment, in which case such Telecommunications Equipment . The roof shall be surrendered used by Tenant to Landlordonly in connection with Tenant’s use of the Premises, and Tenant shall be and become not have the property of Landlord without right to sublease or license the necessity of any further written documentation (unless reasonably requested by Landlord), upon the expiration or earlier termination of this Lease, provided Landlord pays to Tenant the fair market value use of the Telecommunications Equipment retained by Landlord. Such Telecommunications Equipment shall be installed pursuant roof to plans any third party (except to Permitted Transferees and specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing detailsother Transferees to whom the lease is assigned or portions of the Premises are subleased in accordance with Article 14 below), which approval will not be unreasonably withheld, conditioned, or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment and/or Ancillary Equipment, and Landlord shall have no liability therewith. Such Telecommunications Equipment and Ancillary Equipment shall, in all instances, comply with all [535 Mission Street] Applicable applicable Laws. Tenant acknowledges that Landlord has engaged a roof-top management company to coordinate the use of the roof, and that Tenant’s rights as set forth above shall not be entitled subject to license its Telecommunications Equipment compliance with the reasonable and customary procedures instituted by such company, including payment of commercially reasonable installation and use fees. Notwithstanding the foregoing, subject to any unrelated third partythe other terms and conditions of this Section 6.5, nor Tenant shall Tenant be permitted to receive any revenuesinstall one (1) non-commercial, fees or any other consideration for 2’ maximum diameter satellite dish on the use of such Telecommunications Equipment by an third party. Tenant hereby expressly acknowledges that Landlord shall have the right (i) to itself utilize any rooftop space for the use of equipment, and (ii) to re-sell, license or lease any rooftop space to any third party for the use of equipment; provided, however, that so long as Tenant and the Telecommunications Equipment are in compliance with Applicable Laws and this Lease (including, Building’s roof without limitation, the operation of such Telecommunications Equipment within permitted frequencies), then (A) any third party use permitted by Landlord after the installation of the Telecommunications Equipment shall not unreasonably interfere with the Telecommunications Equipment or signals or services provided to Tenant thereby, and (B) Tenant’s rights under this Section 6.5 shall be superior to the rights payment of any third parties which buy, license additional fee or lease rooftop space at the Projectcharge.

Rooftop Rights. In accordance with, and subject to, Tenant shall have the terms and conditions set forth in Article 8, below, and this Section 6.5, Tenant, on a non-exclusive basis right, in common with Landlord and without other tenants of the payment of any additional rent Building and users authorized by Landlord, upon prior written approval by Landlord (which approval shall not be unreasonably withheld, conditioned or other license feedelayed), may install, repair and replace, at Tenant’s sole cost and expenseexpense (and not as a Work Allowance Cost), to install and operate a satellite dishes/antennae or dish on the roof top of the Building which shall be no larger than twenty-four inches each Building, provided that (24”i) in diameter (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (has obtained all such equipment is defined collectively as the “Telecommunications Equipment”). Landlord makes no representations or warranties whatsoever governmental approvals required with respect to the condition installation and use of such equipment, (ii) such installation shall be performed by a licensed contractor in a good and workmanlike manner, and in a manner that does not invalidate any roof or other warranties, (iii) such equipment shall be installed in locations reasonably acceptable to Landlord, (iv) such equipment shall be screened in a manner reasonably acceptable to Landlord, (v) all such equipment shall be removed from the Building, and all damage cause by such removal shall be repaired, by Tenant not later than the expiration or sooner termination of this Lease and (vi) Tenant otherwise complies with all of the requirements in this Lease as it relates to Alterations. Tenant, at its sole cost and expense shall promptly repair any and all damage to the roof or equipment located thereon or any other portion 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 including any receptions and transmissions to or needed replacements resulting from the Telecommunications Equipment and the presence activities of any interference with such signals whether emanating from the Building Tenant or otherwise. The physical appearance and the size 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 Tenant subject to Landlord’s reasonable approval and Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant’s sole cost and expenseAgents, as reasonably designated by Landlord. Tenant shall maintain such Telecommunications Equipment, at Tenant’s sole cost and expense. Tenant shall reimburse to Landlord the reasonable, out-of-pocket costs reasonably incurred by Landlord in approving such Telecommunications Equipment. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination of the Lease, and shall return the affected portion of the rooftop and the Premises to the condition the rooftop and the Premises would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear, casualty and condemnation excepted), unless Landlord, in its sole discretion, elects in a written notice to Tenant to keep all or any portion of such Telecommunications Equipment, in which case such Telecommunications Equipment shall be surrendered by Tenant to Landlord, and shall be and become the property of Landlord without the necessity of any further written documentation (unless reasonably requested by Landlord), upon the expiration or earlier termination of this Lease, provided Landlord pays to Tenant the fair market value of the Telecommunications Equipment retained by Landlord. Such Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically including, including without limitation, all mounting roof leaks and waterproofing details), which approval will not be unreasonably withheld, conditioned, or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of the roof or flashing, roof membrane, specifically including any penetrationsparapet walls, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment, roof top equipment and Landlord shall have no liability therewith. Such Telecommunications Equipment shall, in all instances, comply with all [535 Mission Street] Applicable Laws. Tenant shall not be entitled to 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 third party. Tenant hereby expressly acknowledges that Landlord shall have the right (i) to itself utilize any rooftop space for the use of equipment, and (ii) to re-sell, license or lease any rooftop space to any third party for the use of equipment; provided, however, that so long as Tenant and the Telecommunications Equipment are in compliance with Applicable Laws and this Lease (including, without limitation, the operation of such Telecommunications Equipment within permitted frequencies), then (A) any third party use permitted by Landlord after the installation of the Telecommunications Equipment shall not unreasonably interfere with the Telecommunications Equipment or signals or services provided to Tenant thereby, and (B) Tenant’s rights under this Section 6.5 shall be superior to the rights of any third parties which buy, license or lease rooftop space at the Projectmaterials.

Rooftop Rights. In accordance withAt any time during the Lease Term, and subject to, to the terms and conditions set forth in Article 8of this Lease, below, and this Section 6.5, Tenant, on a non-exclusive basis and without the payment of any additional rent or other license fee, Tenant may install, repair and replace, at Tenant’s sole cost and expense, satellite communications dishes/antennae on , antennae, or comparable communications equipment upon the roof of the Building which shall be no larger than twenty-four inches (24”) in diameter (Building, and reasonable make associated connections of Tenant’s rooftop equipment and cabling related thereto), for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as equipment, installations and connections, collectively, the “Telecommunications Equipment”). Landlord makes no representations or warranties whatsoever with respect Provided that Tenant continues to lease the condition entire Building (other than the Sign Utility Room) the use of the roof of the Building, or the fitness or suitability of the roof such areas of the Building for the installation, maintenance and operation installation of the Telecommunications EquipmentEquipment shall be for the sole use of Tenant in connection with its business operations in the Premises, including, and shall be without limitation, the payment of any additional Base Rent or Direct Expenses 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 otherwisethereto. The physical appearance and the size 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 Tenant Landlord (subject to LandlordTenant’s reasonable approval 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 Equipmentbe responsible, at Tenant’s sole cost and expense. Tenant shall reimburse to Landlord , for (i) obtaining all permits or other governmental approvals required in connection with the reasonable, out-of-pocket costs reasonably incurred by Landlord in approving such Telecommunications Equipment. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination of the Lease, and shall return the affected portion of the rooftop and the Premises to the condition the rooftop and the Premises would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear, casualty and condemnation excepted), unless Landlord, in its sole discretion, elects in a written notice to Tenant to keep all or any portion of such Telecommunications Equipment, in which case such (ii) installing, repairing and maintaining and causing the Telecommunications Equipment shall be surrendered by Tenant to Landlordcomply with all Applicable Laws, and shall be and become the property of Landlord without the necessity of any further written documentation (unless reasonably requested by Landlord), upon iii) prior to the expiration or earlier termination of this Lease, provided Landlord pays to Tenant the fair market value removal of the Telecommunications Equipment retained by Landlord. Such Telecommunications Equipment shall be installed pursuant to plans and specifications approved by Landlord (specifically includingall associated wiring, without limitation, and the restoration of all mounting and waterproofing details), which approval will not be unreasonably withheld, conditioned, or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion affected areas of the Building to the condition existing prior to the installation thereof, including restoration of any roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment, and Landlord . In no event shall have no liability therewith. Such Telecommunications Equipment shall, in all instances, comply with all [535 Mission Street] Applicable Laws. Tenant shall not be entitled to license its permit the Telecommunications Equipment to interfere with the systems of any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees building in the Project or any other consideration for the use of such Telecommunications Equipment by an third party. Tenant hereby expressly acknowledges that Landlord shall have the right (i) to itself utilize communications equipment at or servicing any rooftop space for the use of equipment, and (ii) to re-sell, license or lease any rooftop space to any third party for the use of equipment; provided, however, that so long as Tenant and the Telecommunications Equipment are building in compliance with Applicable Laws and this Lease (including, without limitation, the operation of such Telecommunications Equipment within permitted frequencies), then (A) any third party use permitted by Landlord after the installation of the Telecommunications Equipment shall not unreasonably interfere with the Telecommunications Equipment or signals or services provided to Tenant thereby, and (B) Tenant’s rights under this Section 6.5 shall be superior to the rights of any third parties which buy, license or lease rooftop space at the Project.