Rooftop Use. Effective as of the Expansion Premises Commencement Date, Article 38 of the Lease is hereby deleted in its entirety and replaced with the following: 38.1 Tenant shall have the right, at no additional cost, to utilize the roof of the Building for the purpose of installing (in accordance with the terms and conditions of Article 8 of this Lease), operating and maintaining the rooftop dishes/antennas or any other legally permissible items (collectively the "Dish/Antenna"). The portion of the roof so utilized by Tenant at any time during the Lease term is referred to herein as the "Roof Space". Tenant shall have the right to utilize the entire roof of the Building as the Roof Space. Tenant's right to install the Dish/Antenna shall be subject to the reasonable approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna; provided, Landlord shall not withhold its approval if the proposed installation is in compliance with Legal Requirements. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord reasonably determines that the Dish/Antenna equipment does not comply with the approved plans and specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its sole discretion, deems it necessary, Tenant shall provide and install, at ./-/11-17-20// -10- ▇▇▇▇▇▇▇▇▇ / 500209.0017 Tenant's sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Dish/Antenna (the "Aesthetic Screening"). 38.2 Landlord agrees that Tenant shall have access to the roof of the Building and the Roof Space during the Lease Term. Tenant further agrees to exercise control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits. It is further understood and agreed that the installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives. 38.3 Tenant shall, at its sole cost and expense, and at its sole risk, install, operate and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission (the "FCC"), the Federal Aviation Administration ("FAA") or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under this Lease, Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant's equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna shall be connected to Landlord's power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant's representatives, repair, maintenance and engineering personnel while in or on any part of the Building or the Roof Space. 38.4 The Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of the Lease or Tenant's right to possession hereunder. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant's equipment placed on or about the roof or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to appearance and safety in Landlord's reasonable discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees that at all times during the Lease Term, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant's agents, employees or contractors. 38.5 In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, ./-/11-17-20// -11- ▇▇▇▇▇▇▇▇▇ / 500209.0017 Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant's option, to perform such work in conjunction with Tenant's contractor. In the event Landlord contemplates roof repairs that could affect Tenant's Dish/Antenna, or which may result in an Interruption of the Tenant's telecommunication service, Landlord shall formally notify Tenant at least thirty (30) days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order to allow Tenant to make other arrangements for such service. 38.6 Tenant specifically acknowledges and agrees that the terms and conditions of Articles 8 and 13 of this Lease shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or utilized by Tenant, its representatives, agents, employees or contractors.
Appears in 1 contract
Sources: Lease (Dexcom Inc)
Rooftop Use. Effective as of A. Landlord hereby grants Tenant the Expansion Premises Commencement Date, Article 38 of right for the Lease is hereby deleted in its entirety and replaced with the following:
38.1 Tenant shall have the right, Term at no additional costcharge, but otherwise subject to utilize the terms and conditions of this Lease to use a portion of the roof of the Building for identified by Landlord (not to exceed 150 square feet) (the purpose of installing (in accordance with the terms and conditions of Article 8 of this Lease“Rooftop Installation Area”), operating as shown on the plan attached hereto as EXHIBIT K, to install, operate, maintain, repair, and maintaining replace telecommunications equipment for Tenant’s own use, such as an antenna, satellite dish, microwave dish, and the rooftop dishes/antennas like (the “Telecom Equipment”), and to access such shafts, conduits, or any other legally permissible items (collectively risers as may be needed to connect the "Dish/Antenna"). The portion of the roof so utilized by Tenant at any time during the Lease term is referred to herein as the "Roof Space". Tenant shall have the right to utilize the entire roof of the Building as the Roof Space. Tenant's right to install the Dish/Antenna shall be subject Telecom Equipment to the reasonable approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna; provided, Landlord shall not withhold its approval if the proposed installation is in compliance with Legal RequirementsDemised Premises. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the Any installation of the Dish/Antenna. If Landlord reasonably determines that the Dish/Antenna equipment does not comply with the approved plans Telecom Equipment is subject to applicable laws, codes, ordinances, and specifications, that the Building has been damaged during installation of the Dish/Antenna regulations.
(i) Tenant shall install (or that cause the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure of) the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its sole discretion, deems it necessary, Tenant shall provide and install, at ./-/11-17-20// -10- ▇▇▇▇▇▇▇▇▇ / 500209.0017 Tenant's sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Dish/Antenna (the "Aesthetic Screening").
38.2 Landlord agrees that Tenant shall have access to the roof of the Building and the Roof Space during the Lease Term. Tenant further agrees to exercise control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits. It is further understood and agreed that the installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives.
38.3 Tenant shall, Telecom Equipment at its sole cost and expense, and at its sole risk, install, operate and maintain the Dish/Antenna in a good and workmanlike manner, such times and in compliance such manner as Landlord may reasonably designate and in accordance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Governmentprovisions of this Lease, including, without limitation, Article 5. Tenant shall not install or operate the Federal Communications Commission (the "FCC"), the Federal Aviation Administration ("FAA") or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and Telecom Equipment until it receives prior written approval of the stateplans for such work, city and county in which the Building is located. Under this Lease, Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant's equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna approval shall be connected to Landlord's power supply given or denied in strict compliance accordance with all applicable Buildingthe provisions of Article 5, electrical, fire and safety codes. Neither except that Landlord nor its agents shall be liable to Tenant for any stoppages may withhold approval if the installation or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because operation of any act, omission or requirement of the public utility serving Telecom Equipment reasonably would be expected to damage the structural integrity of the Building, or the act or omission of as determined by an independent engineer. In connection with any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant's representatives, repair, maintenance and engineering personnel while in or on any part re-roofing of the Building or other work on the Roof SpaceBuilding roof during the Term, Tenant shall cooperate with Landlord as reasonably required to accommodate such roofing or other work by Landlord and Tenant shall be responsible for any costs associated with working around, moving or temporarily relocating Tenant’s Telecom Equipment. Tenant’s access to the rooftop for the purposes of exercising its rights and obligations under this Article 57 shall be limited to business hours by prior appointment with the Building manager.
38.4 The Dish/Antenna, (ii) Any contractor engaged by Tenant for the appurtenances performance of any rooftop installations or repairs of the Telecom Equipment shall be subject to Landlord’s prior approval and shall comply with any roof warranty governing the Aesthetic Screeningprotection of the roof and modifications, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of the Lease or Tenant's right to possession hereunder. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant's equipment placed on or about the roof or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to appearance and safety in Landlord's reasonable discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees that at all times during the Lease Term, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant's agents, employees or contractors.
38.5 In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, ./-/11-17-20// -11- ▇▇▇▇▇▇▇▇▇ / 500209.0017 Tenant shall obtain a letter from the roof manufacturer that issued the roof warranty or such other evidence reasonably satisfactory to Landlord following completion of such work confirming that the roof warranty remains in effect. Tenant, at its sole cost and expense, shall retain cause a qualified contractor to inspect the Rooftop Installation Area and correct any contractor having a then existing warranty in effect on loose bolts, fittings or other appurtenances and shall repair any damage to the roof to perform such work (to caused by the extent that it involves the roof), or, at Tenant's option, to perform such work in conjunction with Tenant's contractor. In the event Landlord contemplates roof repairs that could affect Tenant's Dish/Antenna, installation or which may result in an Interruption operation of the Tenant's telecommunication service, Telecom Equipment. Tenant shall pay Landlord shall formally notify Tenant at least within thirty (30) days of a written request therefor, as Additional Rent, (x) all applicable taxes or governmental charges, fees or impositions imposed on Landlord because of Tenant’s installation of the Telecom Equipment and (y) the amount of any increase in advance Landlord’s insurance premiums directly as a result of the installation of the Telecom Equipment.
C. Tenant agrees that the installation, operation and removal of the Telecom Equipment, as applicable, shall be at Tenant’s sole risk. Tenant shall indemnify and defend Landlord 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, contractors, or invitees) arising out of the installation, use, operation, or removal of the Telecom Equipment by Tenant or its employees, agents, contractors, or invitees, including any liability arising out of Tenant’s violation of this Article 57. Landlord assumes no responsibility for interference in cases the operation of an emergencythe Telecom Equipment caused by other tenants’ equipment, or for interference in the operation of other tenants’ equipment caused by the Telecom Equipment, and Tenant hereby waives any claims against Landlord arising from such interference (except to the extent due to the negligence or willful misconduct of Landlord or its employees, agents, contractors, or invitees).
D. Upon the expiration of the Term or earlier termination of this Lease, Tenant, unless and to the extent otherwise instructed by Landlord in writing, at Tenant’s sole cost and expense, shall remove the Telecom Equipment from the Rooftop Installation Area in accordance with the provisions of this Lease and leave the Rooftop Installation Area on which the Telecom Equipment is located in good order and condition, reasonable wear and tear and damage by casualty or condemnation, or repairs for which Tenant is not responsible excepted. If Tenant does not remove the Telecom Equipment and restore the Rooftop Installation Area when and as so required, then Landlord may remove and dispose of it and charge Tenant for all actual out-of-pocket costs and expenses.
E. Landlord may grant future roof rights to other parties in other designated areas, and Landlord shall use commercially reasonable efforts to cause such other parties to minimize interference with the Telecom Equipment. If the Telecom 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 commencement installation of the Telecom Equipment, or (iv) interferes with any other tenants’ business, then Tenant shall within two (2) business days off notice of a claim of interference or damage take such contemplated work in order action as Landlord may direct to allow Tenant cease such damage and interference and otherwise reasonably cooperate with Landlord or any other tenant or third party making such claim to make other arrangements for such service.
38.6 Tenant specifically acknowledges and agrees that determine the terms and conditions source of Articles 8 and 13 of this Lease shall apply with full force the damage or interference and effect a prompt solution at Tenant’s expense (if the Telecom Equipment caused such interference or damage). Additionally, Tenant agrees to the Roof Space reasonably cooperate, at no cost to Tenant and without diminishing any of Tenant’s rights under this Article 57, with Landlord and any other portions tenant or third party installing rooftop equipment after the Commencement Date with respect to such tenant’s or third party’s claim of interference of its business based on the installation of Tenant’s Telecom Equipment.
F. Landlord reserves the right to cause Tenant to relocate the Telecom Equipment located on the roof to comparably functional space on the roof, which is reasonably acceptable to Tenant, by giving Tenant prior notice of such requirement that Tenant relocate the Telecom Equipment. If the relocation is not due to compliance with Legal Requirements, then Landlord shall bear the reasonable and actual costs of such relocation and if the relocation is to comply with Legal Requirements, then such relocation shall be at Tenant’s cost. If within thirty (30) days after receipt of such notice Tenant has not agreed with Landlord on the space to which the Telecom Equipment is to be relocated, the timing of such relocation and the terms of such relocation, then Landlord may make all such determinations in its reasonable judgment. Tenant shall arrange for the relocation of the roof accessed Telecom Equipment within sixty (60) days after a comparable space is agreed upon or utilized selected by TenantLandlord, its representativesas the case may be. If Tenant fails to arrange for said relocation with the 60-day period as aforesaid, agents, employees or contractorsthen Landlord may arrange for such relocation.
Appears in 1 contract
Rooftop Use. Effective as of the Expansion Premises Commencement Date, Article 38 of the Lease is hereby deleted in its entirety and replaced with the following:
38.1 Tenant shall have the right, at no additional cost, to utilize the roof of the Building for the purpose of installing (in accordance with the terms and conditions of Article 8 of this Lease), operating and maintaining the rooftop dishes/antennas or any other legally permissible items (collectively the "“Dish/Antenna"”). The portion of the roof so utilized ./-/11-17-20// ▇▇▇▇▇▇▇▇▇ / 500209.0017 -11- by Tenant ▇▇▇▇▇▇ at any time during the Lease term is referred to herein as the "“Roof Space"”. Tenant shall have the right to utilize the entire roof of the Building as the Roof Space. Tenant's ’s right to install the Dish/Antenna shall be subject to the reasonable approval rights of Landlord and Landlord's ’s architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna; provided, Landlord shall not withhold its approval if the proposed installation is in compliance with Legal Requirements. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord reasonably determines that the Dish/Antenna equipment does not comply with the approved plans and specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its sole discretion, deems it necessary, Tenant shall provide and install, at ./-/11-17-20// -10- ▇▇▇▇▇▇▇▇▇ / 500209.0017 Tenant's ’s sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Dish/Antenna (the "“Aesthetic Screening"”).
38.2 Landlord agrees that Tenant shall have access to the roof of the Building and the Roof Space during the Lease Term. Tenant further agrees to exercise control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits. It is further understood and agreed that the installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof. Tenant ▇▇▇▇▇▇ agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives.
38.3 Tenant shall, at its sole cost and expense, and at its sole risk, install, operate and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission (the "“FCC"”), the Federal Aviation Administration ("“FAA"”) or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under this Lease, Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant's ’s equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna shall be connected to Landlord's ’s power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act ./-/11-17-20// ▇▇▇▇▇▇▇▇▇ / 500209.0017 -12- or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant's ’s representatives, repair, maintenance and engineering personnel while in or on any part of the Building or the Roof Space.
38.4 The Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of the Lease or Tenant's ▇▇▇▇▇▇’s right to possession hereunder. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all of the Tenant's ’s equipment placed on or about the roof or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to appearance and safety in Landlord's ’s reasonable discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant ▇▇▇▇▇▇ agrees that at all times during the Lease Term, it will keep the roof of the Building and the Roof Space free of all trash or waste materials produced by Tenant or Tenant's ’s agents, employees or contractors.
38.5 In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, ./-/11-17-20// -11- ▇▇▇▇▇▇▇▇▇ / 500209.0017 Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant's ’s option, to perform such work in conjunction with Tenant's ▇▇▇▇▇▇’s contractor. In the event Landlord contemplates roof repairs that could affect Tenant's ’s Dish/Antenna, or which may result in an Interruption of the Tenant's ’s telecommunication service, Landlord shall formally notify Tenant at least thirty (30) days in advance (except in cases of an emergency) prior to the commencement of such contemplated work in order to allow Tenant to make other arrangements for such service.
38.6 Tenant specifically acknowledges and agrees that the terms and conditions of Articles 8 and 13 of this Lease shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or utilized by Tenant, its representatives, agents, employees or contractors.
Appears in 1 contract
Sources: Lease (Dexcom Inc)
Rooftop Use. Effective as Subject to Landlord’s approval of the Expansion Premises Commencement Dateplans and specifications related thereto, Article 38 of the Lease is hereby deleted in its entirety which shall not be unreasonably withheld, conditioned, or delayed and replaced with the following:
38.1 Tenant subject to any Laws, Landlord shall have the rightpermit Tenant, at no additional cost, to utilize install and maintain at Tenant’s sole expense one or more satellite dish and/or antenna and related equipment (“Antenna”) on the roof of the Building for the purpose of installing (in accordance with the terms and conditions of Article 8 of this Lease), operating and maintaining the rooftop dishes/antennas or any other legally permissible items (collectively the "Dish/Antenna"). The portion mutually acceptable areas representing 50% of the roof so utilized by Tenant at any time during the Lease term is referred areas not dedicated to herein as the "Roof Space"central building, mechanical and infrastructure services and subject to compliance with all Laws. Tenant shall have at all times own the right Antenna. Tenant shall not license, lease or sublease any roof space to utilize third parties. Landlord makes no warranties or representations to Tenant as to the entire roof permissibility of an Antenna on the Building as the Roof Space. Tenant's right to install the Dish/Antenna shall be subject to the reasonable approval rights of Landlord and Landlord's architect and/or engineer with respect to the plans and specifications of the Dish/Antenna, the manner in which the Dish/Antenna is attached to the roof of the Building and the manner in which any cables are run to and from the Dish/Antenna; provided, Landlord shall not withhold its approval if the proposed installation is in compliance with Legal Requirementsunder applicable Laws. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord reasonably determines that the Dish/Antenna equipment does not comply with the approved plans and specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its sole discretion, deems it necessary, Tenant shall provide and install, at ./-/11-17-20// -10- ▇▇▇▇▇▇▇▇▇ / 500209.0017 Tenant's sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Dish/Antenna (the "Aesthetic Screening").
38.2 Landlord agrees that Tenant shall have access to the roof of the Building and the Roof Space during the Lease Term. Tenant further agrees to exercise control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits. It is further understood and agreed that the installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives.
38.3 Tenant shall, at its sole cost and expense, and at its sole risk, install, operate erect and maintain the Dish/Antenna in for a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission (the "FCC"), the Federal Aviation Administration ("FAA") or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in term which the Building is located. Under this Lease, Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant's equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna shall be connected to Landlord's power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant's representatives, repair, maintenance and engineering personnel while in or will expire on any part of the Building or the Roof Space.
38.4 The Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of the this Lease or Tenant's right to possession hereunder(as it may be extended). Tenant shall repair any damage caused by such removalbe required to obtain all governmental permits, including consents or authorizations necessary for the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment erection and appurtenances were attached. Tenant agrees to maintain all operation of the Tenant's equipment placed on or about Antenna and maintain the roof or same in any other part full force and effect throughout the Term. If installation of the Building in proper operating condition Antenna requires any roof penetrations, Tenant shall use a contractor approved by Landlord and maintain same in satisfactory condition as shall cause such work to appearance and safety in Landlord's reasonable discretion. Such maintenance and operation shall be performed done in a manner to avoid that will preserve any interference with any other tenants or roof warranty held by Landlord. Tenant agrees that at all times during Upon expiration of the Lease Term, it will keep the roof or upon an earlier termination of the Building and the Roof Space free of all trash or waste materials produced this Lease, unless otherwise requested by Tenant or Tenant's agentsLandlord, employees or contractors.
38.5 In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, ./-/11-17-20// -11- ▇▇▇▇▇▇▇▇▇ / 500209.0017 Tenant, at its sole cost and expense, shall retain remove the Antenna and restore the point of attachment to a clean, sealed condition and repair any contractor having and all damages resulting therefrom. Tenant agrees that neither Landlord nor any of its agents or employees shall be liable to Tenant, or any Tenant Party or anyone claiming through, by or under Tenant, for any damages, injuries, losses, expenses, claims or causes of action asserted against Landlord by third parties as a then existing warranty in effect on result of Tenant’s use of the roof to perform such work (and/or Antenna. Further, to the extent that it involves Landlord is conducting roof repairs, and such repairs require the roof)temporary removal or relocation of the Antenna, or, Tenant shall relocate or remove the Antenna at Tenant's option’s sole cost and expense; provided, however, to perform such work in conjunction with Tenant's contractor. In the event extent Landlord contemplates roof repairs that could affect Tenant's Dish/Antenna, or which may result in an Interruption of is able to recover the Tenant's telecommunication service, Landlord shall formally notify Tenant at least thirty (30) days in advance (except in cases of an emergency) prior to the commencement costs of such contemplated work in order removal or relocation pursuant to allow a warranty or insurance, Tenant shall be relieved of its obligation to make other arrangements for pay such servicecosts.
38.6 Tenant specifically acknowledges and agrees that the terms and conditions of Articles 8 and 13 of this Lease shall apply with full force and effect to the Roof Space and any other portions of the roof accessed or utilized by Tenant, its representatives, agents, employees or contractors.
Appears in 1 contract
Sources: Office Lease (Tableau Software Inc)
Rooftop Use. Effective as of the Expansion Premises Commencement Date, Article 38 of the Lease is hereby deleted in its entirety and replaced with the following:
38.1 Tenant shall have the right, at no additional costTenant’s sole cost and expense and in accordance with the applicable provisions of this Lease, to utilize install telecommunications, mechanical, exhaust and air handling equipment reasonably approved by Landlord (the “Rooftop Equipment”) upon the roof of the Building for the purpose of installing (in accordance with the terms and conditions of Article 8 of this Lease), operating and maintaining the rooftop dishes/antennas or any other legally permissible items (collectively the "Dish/Antenna"). The portion of the roof so utilized by Tenant at any time during the Lease term is referred to herein as the "Roof Space"Building. Tenant shall have be responsible for all costs associated with the right to utilize the entire roof installation, operation, maintenance, repair, compliance with laws and removal of the Building as Rooftop Equipment. The use of the Roof Space. Rooftop Equipment shall be for Tenant's right to install the Dish/Antenna shall sole purpose and may not be subject to the reasonable approval rights of Landlord assigned, subleased, transferred or otherwise used by any other person or entity. The physical appearance and Landlord's architect and/or engineer with respect to the all plans and specifications of the Dish/AntennaRooftop Equipment (including, without limitation, the manner in which the Dish/Antenna Rooftop Equipment is attached affixed to the roof and the means by which the same is connected to the Premises) shall be subject to Landlord’s reasonable approval. Tenant shall be responsible, at Tenant’s sole cost and expense, for (i) obtaining all permits or other governmental approvals required in connection with the Rooftop Equipment, (ii) repairing and maintaining and causing the Rooftop Equipment to comply with all Applicable Laws, (iii) any repairs to the roof of the Building and the manner in which any cables are run to and resulting from the Dish/Antenna; provided, Landlord shall not withhold its approval if the proposed installation is in compliance with Legal Requirements. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dish/Antenna. Tenant shall notify Landlord upon completion of the installation of the Dish/Antenna. If Landlord reasonably determines that the Dish/Antenna equipment does not comply with the approved plans and specifications, that the Building has been damaged during installation of the Dish/Antenna or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant immediately shall cure the defects. If the Tenant fails to immediately cure the defects, Tenant shall pay to Landlord upon demand the cost, as reasonably determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its sole discretion, deems it necessary, Tenant shall provide and install, at ./-/11-17-20// -10- ▇▇▇▇▇▇▇▇▇ / 500209.0017 Tenant's sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the Dish/Antenna (the "Aesthetic Screening").
38.2 Landlord agrees that Tenant shall have use of or access to the roof of the Building and the Roof Space during the Lease Term. Tenant further agrees to exercise control over the people requiring access to the roof of the Building and the Roof Space in order to keep to a minimum the number of people having access to the roof of the Building and the Roof Space and the frequency of their visits. It is further understood and agreed that the installation, maintenance, operation and removal of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, is not permitted to damage the Building or the roof thereof. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, which may be caused by Tenant or any of its agents or representatives.
38.3 Tenant shall, at its sole cost and expenseRooftop Equipment, and at its sole risk, install, operate and maintain the Dish/Antenna in a good and workmanlike manner, and in compliance with all Building, electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, of the Federal Government, including, without limitation, the Federal Communications Commission (the "FCC"), the Federal Aviation Administration ("FAA"iv) or any successor agency of either the FCC or FAA having jurisdiction over radio or telecommunications, and of the state, city and county in which the Building is located. Under this Lease, Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of Tenant's equipment. Tenant has the responsibility of carrying out the terms of its FCC license in all respects. The Dish/Antenna shall be connected prior to Landlord's power supply in strict compliance with all applicable Building, electrical, fire and safety codes. Neither Landlord nor its agents shall be liable to Tenant for any stoppages or shortages of electrical power furnished to the Dish/Antenna or the Roof Space because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of electrical power. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant's representatives, repair, maintenance and engineering personnel while in or on any part of the Building or the Roof Space.
38.4 The Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the expiration or earlier termination of the Lease or Tenant's right to possession hereunder. Tenant shall repair any damage caused by such removalthis Lease, including the patching of any holes to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Tenant agrees to maintain all removal of the Tenant's equipment placed on or about the roof or in any other part of the Building in proper operating condition Rooftop Equipment and maintain same in satisfactory condition as to appearance and safety in Landlord's reasonable discretion. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or Landlord. Tenant agrees that at all times during the Lease Term, it will keep the roof of the Building associated wiring/cabling (and the Roof Space free restoration of all trash or waste materials produced by Tenant or Tenant's agents, employees or contractors.
38.5 In light of the specialized nature of the Dish/Antenna, Tenant shall be permitted to utilize the services of its choice for installation, operation, removal and repair of the Dish/Antenna, the appurtenances and the Aesthetic Screening, if any, subject affected areas to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, ./-/11-17-20// -11- ▇▇▇▇▇▇▇▇▇ / 500209.0017 Tenant, at its sole cost and expense, shall retain any contractor having a then condition existing warranty in effect on the roof to perform such work (to the extent that it involves the roof), or, at Tenant's option, to perform such work in conjunction with Tenant's contractor. In the event Landlord contemplates roof repairs that could affect Tenant's Dish/Antenna, or which may result in an Interruption of the Tenant's telecommunication service, Landlord shall formally notify Tenant at least thirty (30) days in advance (except in cases of an emergency) prior to the commencement of such contemplated work installation thereof) if Landlord notifies Tenant in order to allow Tenant to make other arrangements for such service.
38.6 Tenant specifically acknowledges and agrees that the terms and conditions of Articles 8 and 13 of this Lease shall apply with full force and effect writing at least six (6) months prior to the Roof Space and any other portions expiration of the roof accessed or utilized by Tenant, its representatives, agents, employees or contractorsLease Term that Tenant must remove any of the Rooftop Equipment.
Appears in 1 contract
Sources: Lease (Nkarta, Inc.)