Common use of SATELLITE DISH Clause in Contracts

SATELLITE DISH. Notwithstanding anything to the contrary contained in this Lease, the Landlord hereby agrees that at any time during the Term, the Tenant shall have the non-exclusive right to install, on the roof of the Building, a satellite dish (the “Dish”). The Tenant agrees and acknowledges, however, that the location of any Dish, the method of any such installation, and the type of Dish proposed to be installed shall be subject to: (i) compliance by the Tenant with all applicable laws, rules, regulations and the like pertaining thereto; (ii) the consent by the Landlord, which consent shall not be unreasonably withheld provided that the Landlord and the Landlord’s engineers are satisfied therewith; and (iii) a determination to be made that such Dish will not interfere with any other equipment or use thereof located in, on or in the vicinity of the Building, and that such Dish will not be visible from the exterior of the Building. If Tenant shall install such Dish, (a) the Tenant shall do so at its own cost and expense and in accordance with all applicable laws, rules and regulations, including, without limitation, reimbursement to Landlord for its third party engineers, if applicable; (b) the Tenant shall maintain such Dish in accordance with the Landlord’s reasonable rules and regulations; and (c) the Tenant shall install such Dish in a manner so as to maintain in full force and effect any applicable roof and/or construction related warranties, failing which the Tenant shall promptly reimburse the Landlord for any costs and expenses incurred by the Landlord as a result of such failure. Additionally, the Tenant shall defend, indemnify and hold the Landlord harmless from and against any claims, costs and expenses incurred by the Landlord as a result of such installation by the Tenant or in any other manner in connection with such Dish, including, without limitation, all costs and expenses relating to roof and/or wall penetrations. If the Tenant shall install such Dish, the Tenant shall be responsible for the maintenance and repair thereof, at the Tenant’s sole cost and expense, and such Dish shall be at the sole risk of the Tenant, the Landlord having no obligation with respect to any insurance relating thereto. Also, the Tenant hereby agrees, upon the Landlord’s notice requesting same, to remove or relocate such Dish and to repair any and all damage caused by such removal or relocation. At the expiration or other termination of this lease, such Dish shall remain the property of the Tenant, and shall be removed by the Tenant at its own cost and expense, and the Tenant shall repair any and all damage caused by such removal, at its own cost and expense, in accordance with all applicable laws, rules and regulations, and in such a manner so as to maintain in full force and effect any applicable roof and/or construction related warranties, failing which the Tenant shall reimburse the Landlord for any costs and expenses incurred by the Landlord as a result of such failure.

Appears in 1 contract

Samples: Lease (GTC Biotherapeutics Inc)

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SATELLITE DISH. Notwithstanding anything to Provided that Tenant complies with the contrary contained in terms of this LeaseSection 32, Tenant may, at its risk and expense, install satellite dishes and antennae and related wiring (collectively, the Landlord hereby agrees that at any time during the Term, the Tenant shall have the non-exclusive right to install, "Satellite Dish") on the roof of the Building, Building at a satellite dish (location approved by Landlord pursuant to the “Dish”)installation standards reasonably required by Landlord. The Tenant agrees and acknowledges, however, hereby acknowledges that the location of any Dish, the method of any such installationSatellite Dish will be exclusively used by Tenant in conjunction with Tenant's permitted use, and shall not be used for the type purpose of generating revenue directly from such operation of the Satellite Dish. Tenant further acknowledges that any operation of the Satellite Dish proposed to be installed for the purpose of generating revenue shall be subject to: (i) compliance by the Tenant with all applicable laws, rules, regulations and the like pertaining thereto; (ii) the consent by the require Landlord's prior written consent, which consent will be evidenced by a separate written document (the "Landlord's Antenna Site Agreement") between Landlord and Tenant. Before installing the Satellite Dish, Tenant shall submit to Landlord for its approval (which approval shall not be unreasonably withheld provided that the Landlord or delayed) plans and the Landlord’s engineers are satisfied therewith; and (iii) a determination to be made that such Dish will not interfere with any other equipment or use thereof located in, on or in the vicinity of the Building, and that such Dish will not be visible from the exterior of the Building. If Tenant shall install such Dish, specifications which (a) specify in reasonable detail the Tenant shall do so at its own cost design, location, size, and expense frequency of the Satellite Dish and (b) are sufficiently detailed to allow for the installation of the Satellite Dish in a good and workmanlike manner reasonably screened as Landlord may require from view from the ground level and in accordance with all applicable lawsLaws. If Landlord fails to approve or disapprove such plans within 10 days of receipt thereof, rules and regulationsLandlord shall be deemed to have approved the same. If Landlord approves of such plans, including, without limitation, reimbursement to Landlord for its third party engineers, if applicable; (b) the Tenant shall install (in a good and workmanlike manner), maintain such and use the Satellite Dish in accordance with all Laws and shall obtain all permits required for the Landlord’s reasonable rules installation and regulationsoperation thereof; copies of all such installation permits and (cif possible) the operating permits must be submitted to Landlord before Tenant begins to install the Satellite Dish. Tenant shall install such Dish in a manner so as to thereafter maintain in full force and effect any applicable roof and/or construction related warranties, failing which the Tenant shall promptly reimburse the Landlord for any costs and expenses incurred by the Landlord as a result of such failure. Additionally, the Tenant shall defend, indemnify and hold the Landlord harmless from and against any claims, costs and expenses incurred by the Landlord as a result of such installation by the Tenant or in any other manner in connection with such Dish, including, without limitation, all costs and expenses relating to roof and/or wall penetrations. If the Tenant shall install such Dish, the Tenant shall be responsible permits necessary for the maintenance and repair thereof, at the Tenant’s sole cost and expense, and such Dish shall be at the sole risk operation of the Tenant, Satellite Dish while it is on the Landlord having no obligation with respect to any insurance relating thereto. Also, Building and operate and maintain the Tenant hereby agrees, upon the Landlord’s notice requesting same, to remove or relocate such Satellite Dish and to repair any and all damage caused by such removal or relocation. At the expiration or other termination of this lease, such Dish shall remain the property of the Tenant, and shall be removed by the Tenant at its own cost and expense, and the Tenant shall repair any and all damage caused by such removal, at its own cost and expense, in accordance with all applicable laws, rules and regulations, and in such a manner so as not to maintain unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof or in full force and effect the Building. To the extent Tenant's Satellite Dish does interfere with any applicable other satellite antenna installed prior to Tenant's Satellite Dish, or other transmission facility on the Building's roof and/or construction related warrantiesor in the Building, failing which the upon notice of such interference Tenant shall reimburse eliminate the interference or remove the Satellite Dish. Landlord for may require that Tenant screen the Satellite Dish with a parapet wall or other screening device reasonably acceptable to Landlord. Tenant shall maintain the Satellite Dish and the screening therefore in good repair and condition. Tenant may only use the Satellite Dish in connection with Tenant's business. Except in connection with Tenant's business, Tenant shall not allow any costs third party to use such equipment, whether by sublease, license, occupancy agreement or otherwise. Tenant shall, at its risk and expenses incurred by expense, remove the Landlord as a result Satellite Dish, within five days after the occurrence of such failure.any of the following events: (1) the termination of Tenant's right to possess the Premises; (2) the termination of the Lease; (3) the expiration of the Term; or (4)

Appears in 1 contract

Samples: Lease Agreement (Digital Island Inc)

SATELLITE DISH. Notwithstanding anything Tenant may lease at no charge up to 25 square feet of space on the roof of the Building so that Tenant may install a satellite transmitting or receiving dish, a microwave antenna and/or repeaters necessary for Tenant’s business (and not for public broadcasting) (individually and collectively, the “Antenna”), provided that (a) the size, location and manner of installation of such Antenna shall be determined by Landlord in its sole discretion, (b) the Antenna shall be located so as to not be visible except from above the Building and Tenant shall install such screens as may be necessary to prevent the visibility of the Antenna, (c) no such Antenna shall be affixed to the contrary contained roof of the Building by any device which penetrates the roof and Landlord shall have the right to approve in this Leaseadvance Tenant’s mounting of the Antenna, (d) Tenant shall bear all costs and liability incurred with respect to the installation, operation, maintenance, removal and insuring of the Antenna, (e) installation, operation and removal of the Antenna shall be performed in such manner as is necessary in order to preserve Landlord's roof warranty, and (f) the installation, operation and maintenance of the Antenna is permitted under and performed in full compliance with all applicable laws and the rules and regulations of the Building. Landlord hereby agrees that at any time during the Term, the Tenant shall have the non-exclusive right to install, on use a pathway in the roof of the Building, a satellite dish (the “Dish”). The Tenant agrees and acknowledges, however, that the location of any Dish, the method of any such Building for installation, operation, maintenance and removal of equipment connecting the type of Dish proposed Antenna to be installed shall be subject to: the Premises; provided that (i) compliance by such use of the Tenant pathway may be shared with all applicable lawsother tenants and Landlord, rules, regulations and the like pertaining thereto; (ii) Tenant shall make no installation or alteration outside of the consent by the Landlord, which consent shall not be unreasonably withheld provided that the Landlord and the Premises without Landlord’s engineers are satisfied therewith; prior written consent, and (iii) a determination to be made that such Dish will not interfere use otherwise complies with any other equipment or use thereof located in, on or in the vicinity of the Building, and that such Dish will not be visible from the exterior of the Buildingthis Section. If Tenant shall install such Dish, (a) the Tenant shall do so at its own cost and expense and in accordance with all applicable laws, rules and regulations, including, without limitation, reimbursement to Landlord for its third party engineers, if applicable; (b) the Tenant shall maintain such Dish in accordance with the Landlord’s reasonable rules and regulations; and (c) the Tenant shall install such Dish in a manner so as to maintain in full force and effect any applicable roof and/or construction related warranties, failing which the Tenant shall promptly reimburse the Landlord for any costs and expenses incurred by the Landlord as a result of such failure. Additionally, the Tenant shall defend, indemnify and hold the Landlord harmless from and against any claims, costs and expenses incurred by the Landlord as a result of such installation by the Tenant or in any other manner in connection with such Dish, including, without limitation, all costs and expenses relating to roof and/or wall penetrations. If the Tenant shall install such Dish, the Tenant shall be responsible for the repair and maintenance of the Antenna and repair thereofall related equipment and components during the Term of this Lease, at the Tenant’s sole cost and expense, and such Dish shall be at the sole risk of the Tenant, the Landlord having no obligation with respect to any insurance relating thereto. Also, the Tenant hereby agrees, upon the Landlord’s notice requesting same, to remove or relocate such Dish and to repair any and all damage caused by such removal or relocation. At Upon the expiration or other earlier termination of this leaseLease, such Dish at Landlord’s option Tenant shall remain either leave the property of the Antenna and related equipment in place or, at Tenant, and shall be removed by the Tenant at its own 's sole cost and expense, remove said Antenna and all related equipment and components and repair any damage to the roof and the Tenant shall repair any and all damage Building caused by such removal, at its own cost and expense, in accordance with all applicable laws, rules and regulations, and in such a manner so as to maintain in full force and effect any applicable roof and/or construction related warranties, failing which the Tenant shall reimburse the Landlord for any costs and expenses incurred by the Landlord as a result of such failureuse or removal. Any required structural reinforcement shall be made at Tenant's sole cost and will be performed by contractors approved by Landlord. Landlord will not be liable to Tenant or to any other person whomsoever for any injury to person or damage to property, arising out of any use of the roof or any other portion of the Building in connection with the Antenna and Tenant hereby indemnifies Landlord from any and all liability thereof.

Appears in 1 contract

Samples: Office Building Lease (GrubHub Inc.)

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SATELLITE DISH. Notwithstanding anything to the contrary contained in this Lease, the Landlord hereby agrees that Tenant, at any time during its sole cost and -------------- expense, has the Term, the Tenant shall have the non-exclusive right to install, maintain, repair, replace and remove a satellite dish on the roof of the Building subject to the following:(i) all construction and improvements related thereto (that are not minor in nature) shall be subject to Landlord's approval, which shall not be unreasonably withheld, conditioned or delayed (and Landlord shall approve or disapprove [with detailed reasons for such disapproval] same within thirty [30] days of written request therefor the same shall be deemed approved; (ii) Tenant shall screen the satellite dish and, if possible, set it back from the front of the Building to reduce visibility thereof by customers; (iii) Tenant shall repair, at its own expense, any damage to the Building or the roof caused by the use, maintenance, installation, or removal of the satellite dish; (iv) Landlord assumes no liability or responsibility for interference with the satellite dish caused by other tenants placing similar equipment on the roof of their premises (provided, that Landlord shall use commercially reasonable efforts not to allow other tenants cause interference); (v) the satellite dish shall be included within the coverage of all insurance policies required to be maintained by Tenant under this Lease and (vi) Tenant shall obtain at its cost all permits required by governmental authorities for said satellite dish. Should Tenant elect to install a satellite dish on the roof of the Building, a Tenant agrees to install the satellite dish (the “Dish”)in accordance with sound construction practices and shall use commercially reasonable efforts not place its satellite dish in a location that will interfere with another tenant's satellite dish. The Tenant agrees and acknowledges, however, that the location of any Dish, the method of any such installation, and the type of Dish proposed to be installed satellite dish shall be subject to: (i) compliance by used solely in connection with the Tenant with all applicable laws, rules, regulations and the like pertaining thereto; (ii) the consent by the Landlord, which consent shall not be unreasonably withheld provided that the Landlord and the Landlord’s engineers are satisfied therewith; and (iii) a determination to be made that such Dish will not interfere with any other equipment or use thereof located in, on or business operations in the vicinity of the Building, and that such Dish will shall not be visible from the exterior used by any party who is not an occupant or tenant of the Building. If Tenant shall install such Dish, (a) the Tenant shall do so at its own cost and expense and in accordance with all applicable laws, rules and regulations, including, without limitation, reimbursement to Landlord for its third party engineers, if applicable; (b) the Tenant shall maintain such Dish in accordance with the Landlord’s reasonable rules and regulations; and (c) the Tenant shall install such Dish in a manner so as to maintain in full force and effect any applicable roof and/or construction related warranties, failing which the Tenant shall promptly reimburse the Landlord for any costs and expenses incurred by the Landlord as a result of such failure. Additionally, the Tenant shall defend, indemnify and hold the Landlord harmless from and against any claims, costs and expenses incurred by the Landlord as a result of such installation by the Tenant or in any other manner in connection with such Dish, including, without limitation, all costs and expenses relating to roof and/or wall penetrations. If the Tenant shall install such Dish, the Tenant shall be responsible for the maintenance and repair thereof, at the Tenant’s sole cost and expense, and such Dish shall be at the sole risk of the Tenant, the Landlord having no obligation with respect to any insurance relating thereto. Also, the Tenant hereby agrees, upon the Landlord’s notice requesting same, to remove or relocate such Dish and to repair any and all damage caused by such removal or relocation. At the expiration or other termination of this lease, such Dish shall remain the property of the Tenant, and shall be removed by the Tenant at its own cost and expense, and the Tenant shall repair any and all damage caused by such removal, at its own cost and expense, in accordance with all applicable laws, rules and regulations, and in such a manner so as to maintain in full force and effect any applicable roof and/or construction related warranties, failing which the Tenant shall reimburse the Landlord for any costs and expenses incurred by the Landlord as a result of such failure.

Appears in 1 contract

Samples: Lease (Silver Diner Inc /De/)

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