Satellite. Landlord hereby grants Tenant, at its sole cost and expense, the right to install, maintain and replace from time to time antennas or satellite devices, including without limitation, GPS antennas, satellite dishes and other communication equipment (hereinafter “Satellite”) on the roof of the Premises at a location approved by Landlord, subject to the following: (a) applicable Legal Requirements; (b) the right of Landlord to supervise any roof penetrations; (c) compliance with the conditions of any roof bond or warranty maintained by Landlord on the Premises; (d) the Satellite shall not be visible at street level; and (e) the Satellite does not unreasonably interfere with communications systems of other tenants of the Project Before installing the Satellite, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord’s reasonable discretion) plans and specifications which (1) specify in detail the design, location, size, and frequency of the Satellite and (2) are sufficiently detailed to allow for the installation of the Satellite in a good and workmanlike manner and in accordance with all Legal Requirements. If Landlord approves of such plans, Tenant shall install (in a good and workmanlike manner), maintain and use the Satellite in accordance with all Legal Requirements and shall obtain all permits required for the installation and operation thereof; copies of all such permits must be submitted to Landlord before Tenant begins to install the Satellite. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Satellite while it is on the Building and operate and maintain the Satellite and the screening therefor, if any, in good repair and condition. Tenant may only use the Satellite in connection with Tenant’s business. Tenant shall not allow any third party (other than Permitted Transferees) to use such equipment, whether by sublease, license, occupancy agreement or otherwise, Tenant shall be responsible for the repair of any damage to any portion of the Building or Premises caused by Tenant’s installation, use or removal of the Satellite. The Satellite shall remain the exclusive property of Tenant, and Tenant shall have the right to remove the Satellite at any time during the term of the Lease so long as Tenant is not in default. Tenant shall, at its risk and expense, remove the Satellite, within five (5) days after the occurrence of any of the following events., (A) the termination of Tenant’s right to possess the Premises; (B) the termination of this Lease; (C) the expiration of the Lease Term; or (D) Tenant’s vacating the Premises. If Tenant fails to do so, Landlord may remove the Satellite and store or dispose of it in any manner Landlord deems appropriate without liability to Tenant; Tenant shall reimburse Landlord for all costs incurred by Landlord in connection therewith within ten (10) days after Landlord’s request therefor. Notwithstanding Landlord’s indemnity CONFIDENTIAL & PROPRIETARY Subject to Audit Protective Agreement contained in Section 18.(b) and Tenant shall protect, defend, indemnify and hold harmless Landlord from and against any and all claims, damages, liabilities, costs or expenses of every kind and nature (including without limitation reasonable attorneys’ fees) imposed upon or incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, use or removal of the Satellite.
Appears in 1 contract
Sources: Assignment of Lease
Satellite. Tenant shall have the non-assignable right (except as noted below) to continue to maintain on the roof of the Building the existing two (2) communication dishes (the “Communication Facility” ), including such communication lines, risers, cables and wires (collectively called “Wires”) as may be reasonably required from time to time in connection with such Communication Facility, for Tenant’s own direct communication purposes. For greater certainty, the within right to maintain the Communication Facility is available to Primerica Life Insurance Company of Canada and/or its Permitted Transferee but to no other Transferee which may be in occupancy of all or any portion of the Premises from time to time. Such Communication Facility and the use thereof shall, in all respects, be subject to the ongoing approval of the government bodies, their agencies, others having jurisdiction and the Landlord’s Architect for the Building and shall be maintained and operated by the Tenant all in a manner consistent with Building Standard, subject to the following provisions:
(a) the operation, maintenance, repair, relocation and replacement (“Operations”) of the Communication Facility and Wires shall be subject to Landlord’s reasonable security requirements, rules and regulations and the provisions of Section 10.2 of this Lease; all of which shall, at Landlord’s option, either be performed by Landlord, or performed by Persons designated by Landlord hereby grants acting reasonably and under Landlord’s supervision and, to the extent that same is performed by Landlord or under Landlord supervision, Tenant shall pay to Landlord all reasonable out-of-pocket costs incurred by Landlord plus an additional fifteen (15%) percent of Landlord’s out-of-pocket costs for overhead and profit. To the extent same is not performed by Landlord, Tenant will engage an independent contractor approved by Landlord, acting reasonably, to certify that such erection, installation, relocation or replacement was completed in accordance with the plans and specifications approved by Landlord;
(b) the Operations of the Communication Facility and Wires shall be performed in such a manner so as not to increase Landlord’s insurance or the Taxes applicable to the Project provided that if either costs are increased Tenant shall pay to Landlord an amount equal to the whole amount of any such increase attributable thereto forthwith upon demand;
(c) Tenant shall, at its sole cost, ensure that the Operations of the Communication Facility and Wires are at all times in compliance with all applicable Laws;
(d) if required by the Architect, acting reasonably, Landlord may, at Tenant’s expense, screen the Communication Facility from public view provided that same may be done in a manner so as not to interfere with Tenant’s use of the Communication Facility;
(e) if, in Landlord’s reasonable opinion, the roof at any time requires upgrading to accommodate such Communication Facility same shall be performed by Landlord at Tenant’s expense;
(f) any subsequent alterations to or replacements of the Communication Facility shall be carried out in such a way to ensure that the Operations of the Communication Facility do not adversely affect or interfere with the operation of the Project by Landlord or the operation of any other communications equipment or wiring installed on the roof or within the Building. Tenant shall be responsible to pay for any reasonable modifications to existing communications equipment made necessary due to any subsequent alterations to or replacements of the Communication Facility. Tenant shall co-operate with Landlord and other users to ensure that the Operations of the Communication Facility or the Wires do not adversely affect or interfere with the operation of the Project by Landlord or the operation of any other communications equipment or wiring installed on the roof or within the Building (“Interference”). In the event that it is determined by Landlord, acting reasonably, that the Communication Facility is causing Interference with the operation of the Project or the operation of any other communications equipment or wiring, Tenant shall be responsible to pay the reasonable cost of any modifications to the communication equipment of other users as may be reasonably required in order to eliminate such Interference. If in the reasonable opinion of the Landlord, either or both the Communication Facility and Wires is causing Interference with the operation of the Project or the operation of any other communications equipment or wiring, Tenant shall, upon written notice from Landlord, at its sole cost and expensetake all necessary steps to eliminate such Interference. If such Interference is not eliminated within 24 hours after notice, Landlord shall have the right to installtake such reasonable steps (including removing the Communication Facility or Wires) without penalty or liability of any nature or kind whatsoever to eliminate such interference and repair any damage to the Building or roof arising out of the Operations of the Communication Facility or the removal thereof and repair any damage to the Building arising out of the Operations of the Wires or the removal thereof and the cost of same shall be paid by the Tenant forthwith upon demand. In the event that Landlord has granted or does, maintain in future, grant rights to other users to place communications equipment on the roof or Building, Landlord shall require each such user to agree with Landlord to carry out the initial installation and replace from time any subsequent alterations to time antennas or satellite devicesreplacements of its communications equipment having due regard to the existing Communication Facility and to be responsible to pay the reasonable cost of any modifications to the Communication Facility as may be reasonably required in order that such user’s communications equipment does not interfere with the Tenant’s Communication Facility and to be responsible to eliminate any Interference to Tenant’s use of the Communication Facility caused by the operation of its communications equipment at least to the same extent as Tenant is required to do so hereunder;
(g) at the expiry or earlier termination of the Term, Landlord may, at Tenant’s expense, remove the Communication Facility and any screening and, at Landlord’s option, the Wires, and make same available to Tenant and shall at the Tenant’s expense repair any damage to the roof and the Building occasioned by the Operations or removal thereof;
(h) for the right to operate the Communication Facility, Tenant shall be required to pay to Landlord as a licence fee the amount of one thousand dollars ($1,000.00) per annum, plus Sales Taxes, payable on the Commencement Date and on each anniversary of the Commencement Date during the Term and, in addition thereto, Tenant shall pay to Landlord in equal monthly instalments in advance, all Taxes, utility costs, insurance costs and other costs as Landlord shall allocate acting reasonably arising as a result of the Communication Facility or the Wires or their Operations and, in addition, shall pay the Landlord’s out-of-pocket costs in having the Architect make any review or determination hereunder;
(i) Landlord shall have the right, at its sole expense, to relocate the Communication Facility and Wires provided that same does not adversely affect Tenant’s Operations of the Communication Facility;
(j) Tenant shall be responsible for all costs incurred as a result of or in respect of such Communication Facility and Wires, including without limitation, GPS antennas, satellite dishes and other communication equipment (hereinafter “Satellite”) on the roof all costs of the Premises at a location approved by LandlordOperations of same and all fixtures, subject to the following: (a) applicable Legal Requirements; (b) the right fittings and attachments in association therewith and all costs of Landlord to supervise any roof penetrations; (c) compliance with the conditions of any roof bond or warranty maintained by Landlord on the Premises; (d) the Satellite shall not be visible at street level; and (e) the Satellite does not unreasonably interfere with communications systems of other tenants of the Project Before installing the Satelliterepair, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord’s reasonable discretion) plans and specifications which (1) specify in detail the design, location, size, and frequency of the Satellite and (2) are sufficiently detailed to allow for the installation of the Satellite in a good and workmanlike manner and in accordance with all Legal Requirements. If Landlord approves of such plans, Tenant shall install (in a good and workmanlike manner), maintain and use the Satellite in accordance with all Legal Requirements and shall obtain all permits required for the installation and operation thereof; copies of all such permits must be submitted to Landlord before Tenant begins to install the Satellite. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Satellite while it is on the Building and operate and maintain the Satellite and the screening therefor, if any, replacement in good repair and conditionrespect thereof. Tenant may only use the Satellite in connection with Tenant’s business. Tenant shall not allow any third party (other than Permitted Transferees) to use such equipment, whether by sublease, license, occupancy agreement or otherwiseIn addition, Tenant shall be responsible for all costs including, without limitation, the repair cost of any damage ancillary equipment and facilities used in connection with the Communication Facility and Wires, costs relating to any portion delivery, supports and bracing, connections to existing services and facilities of the Building or Premises caused and all operating and construction permits and licences, designer, engineer, architect and similar expert reports (including any consultants and/or reports deemed necessary by Tenant’s installation, use or removal of the Satellite. The Satellite shall remain the exclusive property of Tenant, and Landlord acting reasonably);
(k) Tenant shall have be solely responsible for all necessary repairs, maintenance and replacements required to the Building or Project from time to time as a result of or in connection with the Communication Facility and Wires;
(l) Tenant shall ensure that all connections made by or on behalf of Tenant are properly fused, breakered or connected; and
(m) Tenant acknowledges that the right to remove maintain and operate the Satellite at any time during Communication Facility has been granted to Tenant in conjunction with its business operation on the term of the Lease so long as Tenant is not in default. Tenant shall, at its risk and expense, remove the Satellite, within five (5) days after the occurrence of any of the following events., (A) the termination of Tenant’s right to possess the Premises; (B) the termination of this Lease; (C) the expiration of the Lease Term; or (D) Tenant’s vacating the Premises. If Tenant fails to do so, Landlord may remove the Satellite and store or dispose of it in any manner Landlord deems appropriate without liability to Tenant; Tenant shall reimburse Landlord for all costs incurred by Landlord in connection therewith within ten (10) days after Landlord’s request therefor. Notwithstanding Landlord’s indemnity CONFIDENTIAL & PROPRIETARY Subject to Audit Protective Agreement contained in Section 18.(b) Premises and Tenant agrees that it shall protectnot use the Communication Facility for any other purpose, defend, indemnify and hold harmless Landlord from and against any and all claims, damages, liabilities, costs or expenses of every kind and nature (including without limitation reasonable attorneys’ fees) imposed upon or incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, use or removal of the Satellitepublic broadcasting.
Appears in 1 contract
Satellite. Landlord hereby grants Tenant a nonexclusive right to install one ground satellite dish in the Ground Satellite Area (the "Ground Satellite") and (ii) other reasonable telecommunications equipment of which Landlord has received prior written notice and has exercised Landlord's right to approve the height, weight, load factor, design, placement and screening thereof, and has given Landlord's prior written consent thereto, on the roof of the Building (the "Roof Satellite") during the Term of this Lease in accordance with the following provisions:
49.1 The Ground Satellite dish and all equipment associated therewith shall be installed in the Ground Satellite Area which shall be located as set forth on Exhibit A-1 and shall be secured by Tenant, . The requirements for the Ground Satellite Area enclosure shall be subject to Landlord's approval at the time Landlord approves the plans and specifications for the Premises as described in Exhibit C hereto. Landlord shall not unreasonably withhold consent of the design of Tenant's Ground Satellite Area enclosure. The Tenant must keep the Ground Satellite Area in a clean and orderly condition at its sole cost and expense. The Roof Satellite and other equipment required for same shall be mounted on a self-mounting/supporting pedestal that does not require penetration of the roof membrane and one antenna of two (2) inch diameter that may not extend higher than sixteen (16) feet from the primary roof surface in one location over the dispatch center to be located near the center of the Premises and the remainder not to exceed eight (8) feet from the primary roof surface. All satellite dishes shall be connected to the Premises through lines in appropriate utility raceways in the Building (the dishes, pedestals and connecting equipment are hereinafter referred to as the right "Equipment"). Equipment in the Building (but not the Ground Satellite Area and not in a part of the Premises) shall be in locations designated by Landlord; it being understood and agreed that the exact location may be designated by Landlord and is subject to install, maintain and replace change from time to time antennas by Landlord, at Landlord's cost and expense; provided, however, that such changed location shall permit satellite reception.
49.2 Tenant shall be responsible at its sole cost for construction, installation, relocation and maintenance of the Equipment; provided, however, that Landlord shall install any necessary conduit from the Ground Satellite Area through the appropriate utility raceways in the Building to the Premises at Tenant's sole cost and expense and the connecting Equipment shall be installed in the conduit by Tenant at Tenant's sole cost and expense. The Allowance described on Exhibit C hereto may be used to pay for the Equipment installation costs. All installations shall be subject to the requirements set forth under Section 9 of the Lease. Tenant agrees not to install the Equipment without first submitting plans and specifications and obtaining the written approval thereof by Landlord, such approval or satellite devicesconsent not being unreasonably withheld. Tenant agrees not to make any subsequent alterations in or additions to the Equipment without in each instance obtaining the prior written consent of Landlord, including such approval or consent not being unreasonably withheld. Tenant at its expense shall obtain all necessary governmental permits and certificates required for such construction, installation, authorization and use, as well as approvals necessary under any declaration of covenants or any maintenance and/or easement agreements affecting the Real Property or the Building Complex, including, without limitation, GPS antennas, satellite dishes and other communication equipment (hereinafter “Satellite”) on the roof required consent of the Premises at architectural control committee of the Denver International Business Center. All construction, installation, alterations, repair and maintenance work shall be performed in a location approved by Landlord, subject to the following: (a) applicable Legal Requirements; (b) the right of Landlord to supervise any roof penetrations; (c) compliance with the conditions of any roof bond or warranty maintained by Landlord on the Premises; (d) the Satellite shall not be visible at street level; and (e) the Satellite does manner which will not unreasonably interfere with communications systems of other tenants of the Project Before installing the Satellitewith, Tenant shall submit to delay, or impose any additional expenses upon Landlord for its approval (which approval shall be in Landlord’s reasonable discretion) plans and specifications which (1) specify in detail the design, location, size, and frequency of the Satellite and (2) are sufficiently detailed to allow for the installation of the Satellite in a good and workmanlike manner and in accordance with all Legal Requirements. If Landlord approves of such plans, Tenant shall install (in a good and workmanlike manner), maintain and use the Satellite in accordance with all Legal Requirements and shall obtain all permits required for the installation and operation thereof; copies of all such permits must be submitted to Landlord before Tenant begins to install the Satellite. Tenant shall thereafter maintain all permits necessary for the maintenance and or operation of the Satellite while it is on the Building and operate and Complex or upon other tenants' use of their premises.
49.3 Tenant shall maintain the Satellite Equipment and the screening therefor, if any, keep it in good repair and condition. Tenant may only keep the Ground Satellite Area and the roof free from all trash, debris and waste resulting from the use the Satellite in connection with thereof by Tenant’s business. Tenant shall pay or cause to be paid all costs for work done by Tenant or caused to be done by Tenant related to the Equipment of a character which will or may result in liens on Landlord's interest therein, in accordance with the provisions of the Lease. The Equipment shall be operated in strict compliance with all governmental and quasi-governmental laws, codes, rules or regulations. Tenant shall have access to the rooftop Equipment; provided, however, that Tenant shall give Landlord reasonable prior notice of the need for access and such access shall be subject to such reasonable rules as Landlord may adopt, including, but not allow limited to, the requirement that an agent of Landlord accompany persons during such roof access.
49.4 Tenant hereby agrees to indemnify, defend and save Landlord harmless of and from all liability, loss, damage, costs or expenses, including reasonable attorneys' fees, on account of any claims of any nature whatsoever, including work performed, materials or supplies furnished, damage to the property or injury to persons caused by negligence or misconduct of Tenant, Tenant's agents, servants, or employees or any other persons entering upon the roof under express or implied invitation of Tenant or where such injury is the result of the violation of the provisions of this Lease by any such person or caused by the construction, installation, alteration, repair or use of the Equipment.
49.5 Tenant shall have the right to install the Equipment in the Ground Satellite Area and/or roof throughout the Term; provided, however, the terms of the Option granted in Section 50 hereof may include a requirement for Tenant to pay for such rights if applicable pursuant to the terms of such Section 50. Upon the expiration or other termination of the Term of this Lease, Tenant shall remove its Equipment and all other improvements or alterations related thereto and restore the Building, the roof and Ground Satellite Area to its original condition, to the extent of any damages or changes caused by the installation or use of the Equipment. In the event Tenant fails to vacate the roof space on a timely basis as required, Tenant shall be responsible to Landlord for all costs and expenses incurred by Landlord as a result of such failure, including, but not limited to, any amounts required to be paid to third party (parties, which obligation shall survive the termination of the Lease.
49.6 Tenant acknowledges that the Equipment shall be of such type and frequencies, and operated in a manner that will not cause interference with other than Permitted Transferees) tenants' business in the Building Complex, including operation of transmitting and receiving devices. Landlord will advise other tenants or users desiring receiving and transmitting equipment who must obtain Landlord's prior approval that their use is subject to use such equipmentthat of Tenant's Equipment then installed; provided, however, Tenant will make reasonable efforts to accommodate other users receiving and transmitting satellite needs about which it has been notified in writing. Landlord and Tenant agree that Landlord shall arbitrate any disputes between Tenant and other tenants concerning alleged interference by operation of the Equipment, whether claimed to be caused by subleaseTenant or such other tenants, license, occupancy agreement and Tenant shall be bound by Landlord's determination in such disputes. If Tenant's installation or otherwiseoperation of the Equipment results in an increase in Landlord's insurance on the Building Complex at any time during the Term of this Lease, Tenant shall be responsible for the repair payment of such increased premiums attributable to Tenant's installation or operation, as reasonably determined by Landlord. Tenant shall pay such amount upon receipt of billing therefor by Landlord together with the insurance documentation relied upon by Landlord in making such determination. Tenant shall not install or operate the Equipment in a manner that results in cancellation or termination of Landlord's insurance.
49.7 Tenant shall neither hold nor attempt to hold Landlord liable for an injury or damage either proximate or remote, occurring through or caused by fire, water, steam or other repairs, alterations, injury, accident or any damage other cause to the Equipment, or to other personal property of Tenant kept with the Equipment or in other parts of the Real Property, whether by reason of the negligence or default of Landlord or any portion occupants of the Building or Premises caused by Tenant’s installation, use any other person or removal otherwise and the keeping or storing of the Satellite. The Satellite shall remain the exclusive all property of Tenant, and Tenant shall have be the right to remove the Satellite at any time during the term of the Lease so long as Tenant is not in default. Tenant shall, at its sole risk and expense, remove the Satellite, within five (5) days after the occurrence of any of the following events., (A) the termination of Tenant’s right to possess the Premises; (B) the termination of this Lease; (C) the expiration of the Lease Term; or (D) Tenant’s vacating the Premises. If Tenant fails to do so, Landlord may remove the Satellite and store or dispose of it in any manner Landlord deems appropriate without liability to Tenant; Tenant shall reimburse Landlord for all costs incurred by Landlord in connection therewith within ten (10) days after Landlord’s request therefor. Notwithstanding Landlord’s indemnity CONFIDENTIAL & PROPRIETARY Subject to Audit Protective Agreement contained in Section 18.(b) and Tenant shall protect, defend, indemnify and hold harmless Landlord from and against any and all claims, damages, liabilities, costs or expenses of every kind and nature (including without limitation reasonable attorneys’ fees) imposed upon or incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, use or removal of the Satellite.
Appears in 1 contract
Sources: Lease (Frontier Airlines Inc /Co/)
Satellite. Subject to Tenant's compliance with all applicable laws and if Tenant is not in default under this Lease (after expiration of all applicable notice and cure periods) at the time of Tenant's request, and at the time of installation, Tenant (but not any assignee or subtenant except pursuant to a Permitted Transfer) will be allowed to install a Satellite dish of a customary size on the roof of the Building within screened areas to be constructed by Tenant. Landlord hereby grants Tenant, at its sole cost and expense, has the right to installapprove all installations on the roof, maintain including, without limitation, the size, type, height and replace weight of antenna equipment, aesthetic appearance, compliance with governmental regulations and roof and/or structural effects. This satellite dish will be installed at Tenant's expense, subject to Landlord's prior approval of the design and installation of same. Tenant shall protect the integrity of the roof, structure and all building systems from time damage in connection with the installation or existence of the satellite dish. The dish shall not be visible from the street and surrounding areas and must meet all codes and laws. Prior to time antennas commencement of any work in or satellite devicesabout the Building by the Tenant's installer, the installer shall supply Landlord with such customary written indemnities and/or insurance as Landlord deems necessary in its commercially reasonable discretion and, after the installation, shall provide as-built plans. Landlord shall incur no expense whatsoever with respect to any aspect of the installer's provision of its services to Tenant, including without limitation, GPS antennasthe costs of installation, satellite dishes materials and services, it being understood and agreed that Tenant shall be fully responsible for all such costs. Except for Landlord's gross negligence and willful misconduct, Landlord shall have no responsibility whatsoever for the delivery, installation, use, operation, demolition or removal of any communications equipment installed by or on behalf of Tenant. Tenant and its installer shall abide by such commercially reasonable rules and regulations, building and other communication equipment (hereinafter “Satellite”) on codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the roof interests of the Premises at a location approved by Building and Landlord, subject to the following: (a) applicable Legal Requirements; (b) the right of Landlord to supervise any roof penetrations; (c) compliance with the conditions of any roof bond or warranty maintained by Landlord on the Premises; (d) the Satellite shall not be visible at street level; and (e) the Satellite does not unreasonably interfere with communications systems of other tenants of the Project Before installing the Satellite, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord’s reasonable discretion) plans and specifications which (1) specify in detail the design, location, size, and frequency of the Satellite and (2) are sufficiently detailed to allow for the installation of the Satellite in a good and workmanlike manner and in accordance with all Legal Requirements. If Landlord approves of such plans, Tenant shall install (in a good and workmanlike manner), maintain and use the Satellite in accordance with all Legal Requirements and shall obtain all permits required for the installation and operation thereof; copies of all such permits must be submitted to Landlord before Tenant begins to install the Satellite. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Satellite while it is on the Building and operate and maintain the Satellite and the screening therefor, if any, in good repair and condition. Tenant may only use the Satellite in connection with Tenant’s business. Tenant shall not allow any third party (other than Permitted Transferees) to use such equipment, whether by sublease, license, occupancy agreement or otherwise, Tenant shall be responsible for the repair of any damage to any portion the Building or rooftop of the Building or Premises caused by Tenant’s the installation, use or removal of the Satelliteany telecommunications equipment. The Satellite shall remain the exclusive property of Tenant, and Tenant shall have the right be required to remove all of its dish and antennae equipment (excluding wiring) immediately upon the Satellite at any time during the term expiration or earlier termination of the Lease so long as Tenant is Lease. Landlord's approvals required under this paragraph shall not in default. Tenant shallbe unreasonably withheld, at its risk and expense, remove the Satellite, within five (5) days after the occurrence of any of the following eventsdelayed or conditioned., (A) the termination of Tenant’s right to possess the Premises; (B) the termination of this Lease; (C) the expiration of the Lease Term; or (D) Tenant’s vacating the Premises. If Tenant fails to do so, Landlord may remove the Satellite and store or dispose of it in any manner Landlord deems appropriate without liability to Tenant; Tenant shall reimburse Landlord for all costs incurred by Landlord in connection therewith within ten (10) days after Landlord’s request therefor. Notwithstanding Landlord’s indemnity CONFIDENTIAL & PROPRIETARY Subject to Audit Protective Agreement contained in Section 18.(b) and Tenant shall protect, defend, indemnify and hold harmless Landlord from and against any and all claims, damages, liabilities, costs or expenses of every kind and nature (including without limitation reasonable attorneys’ fees) imposed upon or incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, use or removal of the Satellite.
Appears in 1 contract
Satellite. Dish Subject to the terms and conditions hereinafter set forth, Landlord hereby grants to Tenant, during the Term, the right to install, maintain, repair and replace one (1) satellite or microwave dish relating to Tenant’s business in the Leased Premises on the roof of the Building where designated by Landlord, for receiving signals relayed by satellite and, except as otherwise provided, to connect such equipment through existing mechanical shafts to the Leased Premises. Such satellite dish or microwave dish shall be no greater than twenty-four (24) inches in diameter.
(a) If Tenant desires to exercise such right, Tenant shall give a written notice to that effect to Landlord (a “Satellite Notice”). The Satellite Notice shall specify in detail the requirements of such installation, all of which shall be subject to the approval of Landlord. Landlord shall not unreasonably withhold its approval provided that the use of the roof for such purposes shall (i) be compatible with Landlord’s use of the roof, (ii) be subject to Landlord’s supervision, (iii) be non-penetrating and shall not adversely affect the structural safety or integrity of the Building, (iv) meet reasonable aesthetic and other standards of Landlord and Landlord’s architect and (v) satisfy other conditions hereinafter set forth. If Landlord approves Tenant’s use of the roof for such purposes, Landlord shall designate by written notice to Tenant an appropriate area for such installation (“Installation Area”). Landlord shall use good faith efforts to select an Installation Area which will be consistent with adequate reception. The right granted to Tenant under this Section shall be subject to the following conditions precedent: (1) there must be available space on the roof and existing mechanical shafts from the roof to the Leased Premises for Tenant’s proposed installation; (2) Landlord’s architect shall approve of the location of the Installation Area and the appearance of those portions of the equipment to be visible to the public; (3) Landlord’s structural engineer shall approve of the location of the Installation Area, the design and specifications of the equipment, the load caused on the roof of the Building by such equipment, and other structural requirements of the installation; (4) the installation must comply with the applicable requirements of any covenant, condition or restriction of record and any municipal, county, state, federal or other governmental ordinance, law, rule or regulation including, but not limited to zoning ordinances; and (5) the installation and operation of such equipment shall not interfere with the safety or operations of the Building or reduce or affect its structural integrity, and shall comply with the terms of this lease.
(b) Tenant shall pay all costs and expenses of any kind related to the installation, operation, maintenance or removal of its communication equipment, including any reasonable architect’s or engineering fees incurred in connection with required approvals, but Tenant shall not be obligated to pay any fee for the roof or access thereto. Tenant shall maintain all such equipment in good repair. Tenant shall be responsible for any damage, loss or injury to the Building or other property and for any injury to persons caused by installation, operation, maintenance or removal of such equipment. Upon the expiration or earlier termination of this Lease, Tenant shall, at its sole cost and expense, (i) remove the right to install, maintain and replace from time to time antennas or satellite devices, including without limitation, GPS antennas, satellite dishes and other communication equipment (hereinafter “Satellite”) on and restore that portion of the roof of the Premises at a location approved by Landlord, subject Building where the communications equipment was located to its condition existing prior to the following: installation thereof, ordinary wear and tear excepted, and (aii) applicable Legal Requirements; (b) repair any damage or destruction caused by such removal. Restoration and repair herein required to be performed by Tenant shall be completed under the right supervision of Landlord to supervise any roof penetrations; (c) compliance with or Landlord’s representative. Notwithstanding the conditions of any roof bond or warranty maintained by Landlord on the Premises; (d) the Satellite fore-going, Tenant shall not remove, and shall not be visible at street level; and (e) the Satellite does not unreasonably interfere with communications systems of other tenants of the Project Before installing the Satellite, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord’s reasonable discretion) plans and specifications which (1) specify in detail the design, location, size, and frequency of the Satellite and (2) are sufficiently detailed to allow reimbursed for the installation of the Satellite in a good and workmanlike manner and in accordance with all Legal Requirements. If Landlord approves of such planscost thereof, Tenant shall install (in a good and workmanlike manner), maintain and use the Satellite in accordance with all Legal Requirements and shall obtain all permits required for the installation and operation thereof; copies of all such permits must be submitted to Landlord before Tenant begins to install the Satellite. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Satellite while it is on the Building and operate and maintain the Satellite and the screening therefor, if any, in good repair and condition. Tenant may only use the Satellite in connection with Tenant’s business. Tenant shall not allow any third party (other than Permitted Transferees) to use such equipment, whether by sublease, license, occupancy agreement or otherwise, Tenant shall be responsible for the repair of any damage to any portion of the communication equipment which is embedded or permanently attached in or to the Building or Premises caused by including, but not limited to, cables and other wiring, unless Landlord so directs otherwise. Tenant shall enter into such roof license agreement with respect to Tenant’s installationroof rights under this Section 9.05 as may be reasonably required by Landlord. To the extent not expressly prohibited by law, use or removal of the Satellite. The Satellite shall remain the exclusive property of TenantTenant agrees to hold Landlord and its constituent members, and Tenant shall have the right each such party’s respective agents, servants and employees, harmless and to remove the Satellite at any time during the term indemnify each of the Lease so long as Tenant is not in default. Tenant shall, at its risk them against claims and expense, remove the Satellite, within five (5) days after the occurrence of any of the following events., (A) the termination of Tenant’s right to possess the Premises; (B) the termination of this Lease; (C) the expiration of the Lease Term; or (D) Tenant’s vacating the Premises. If Tenant fails to do so, Landlord may remove the Satellite and store or dispose of it in any manner Landlord deems appropriate without liability to Tenant; Tenant shall reimburse Landlord for all costs incurred by Landlord in connection therewith within ten (10) days after Landlord’s request therefor. Notwithstanding Landlord’s indemnity CONFIDENTIAL & PROPRIETARY Subject to Audit Protective Agreement contained in Section 18.(b) and Tenant shall protect, defend, indemnify and hold harmless Landlord from and against any and all claims, damages, liabilities, costs including reasonable attorney’s fees, for injuries to persons and damage to or expenses theft, misappropriation or loss of every kind property occurring in or about the Building and nature (including without limitation reasonable attorneys’ fees) imposed upon or incurred by or asserted against Landlord arising out of Tenant’s the installation, maintenance, operation, removal or other use or removal of the Satellitecommunications equipment installed hereunder.
Appears in 1 contract
Sources: Sublease Agreement (Cumberland Pharmaceuticals Inc)
Satellite. Landlord hereby grants Tenant, at its sole cost and expense, the right to install, maintain and replace from time to time antennas or satellite devices, including without limitation, GPS antennas, satellite dishes and other communication equipment (hereinafter “Satellite”) on the roof of the Premises at a location approved by Landlord, subject to the following: (a) applicable Legal Requirements; (b) the right of Landlord to supervise any roof penetrations; (c) compliance with the conditions of any roof bond or warranty maintained by Landlord on the Premises; (d) the Satellite shall not be visible at street level; and (e) the Satellite does not unreasonably interfere with communications systems of other tenants of the Project Before installing the Satellite, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord’s reasonable discretion) plans and specifications which (1) specify in detail the design, location, size, and frequency of the Satellite and (2) are sufficiently detailed to allow for the installation of the Satellite in a good and workmanlike manner and in accordance with all Legal Requirements. If Landlord approves of such plans, Tenant shall install (in a good and workmanlike manner), maintain and use the Satellite in accordance with all Legal Requirements and shall obtain all permits required for the installation and operation thereof; copies of all such permits must be submitted to Landlord before Tenant begins to install the Satellite. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Satellite while it is on the Building and operate and maintain the Satellite and the screening therefor, if any, in good repair and condition. Tenant may only use the Satellite in connection with Tenant’s business. Tenant shall not allow any third party (other than Permitted Transferees) to use such equipment, whether by sublease, license, occupancy agreement or otherwise, Tenant shall be responsible for the repair of any damage to any portion of the Building or Premises caused by Tenant’s installation, use or removal of the Satellite. The Satellite shall remain the exclusive property of Tenant, and Tenant shall have the right to remove the Satellite at any time during the term of the Lease so long as Tenant is not in default. Tenant shall, at its risk and expense, remove the Satellite, within five (5) days after the occurrence of any of the following events., (A) the termination of Tenant’s right to possess the Premises; (B) the termination of this Lease; (C) the expiration of the Lease Term; or (D) Tenant’s vacating the Premises. If Tenant fails to do so, Landlord may remove the Satellite and store or dispose of it in any manner Landlord deems appropriate without liability to Tenant; Tenant shall reimburse Landlord for all costs incurred by Landlord in connection therewith within ten (10) days after Landlord’s request therefor. Notwithstanding Landlord’s indemnity CONFIDENTIAL & PROPRIETARY Subject to Audit Protective Agreement contained in Section 18.(b) and Tenant shall protect, defend, indemnify and hold harmless Landlord from and against any and all claims, damages, liabilities, costs or expenses of every kind and nature (including without limitation reasonable attorneys’ fees) imposed upon or incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, use or removal of the Satellite.
Appears in 1 contract
Sources: Assignment of Lease (Rackspace Inc)