Common use of Support Space Clause in Contracts

Support Space. (a) Landlord hereby grants to Tenant, for Tenant’s own use and not for resale purposes, and without additional charge therefor, a license of an area or areas (i) outside the Building on the ground level area as specifically set forth on Exhibit C and (ii) inside the Building solely for the use of existing conduit as specifically set forth in Exhibit E, for the placement of the Premises Equipment and Tenant’s Alterations as allowed pursuant to Article 4, (collectively the “Support Space”) and Landlord agrees that such license may not be terminated unless and until this Lease is terminated. In connection therewith, Landlord shall make available to Tenant reasonable complete and unrestricted access at all times to the Support Space for the upgrade, maintenance, repair, operation and use of the Premises Equipment and Tenant’s Alterations. If any of the Premises Equipment or Tenant’s Alterations generates noise levels (individually or in conjunction with other equipment located in, or adjacent to the Building) likely, in Landlord’s reasonable judgment, to disturb other tenants or occupants of the Building or surrounding buildings, then Tenant shall install sound attenuated acoustic enclosures satisfactory to Landlord, or take other sound reduction measures reasonably satisfactory to Landlord, in order to eliminate such noise or reduce such noise to levels deemed acceptable by Landlord in its sole judgment. Landlord does not represent or warrant the Premises Equipment complies with the Laws. Notwithstanding anything in this Section 10.6 to the contrary, the Support Space shall be deemed a part of the Premises and shall be governed by all the respective terms and conditions of the Premises set forth in this Agreement, but no additional rental payment shall be payable with respect thereto. (b) Landlord retains the right to use the portions of the Building adjacent to the Support Space, and the area above the Support Space, for any purpose whatsoever, provided such use shall not materially interfere with the functioning of the Premises Equipment or Tenant’s use or operation of the Premises, the Premises Equipment or Tenant’s Alterations. Tenant shall have reasonable access to the Premises Equipment and Tenant’s Alterations at all times, and Landlord shall not interfere with the use of the Premises Equipment or Tenant’s Alterations so as to cause the operation thereof to be materially interrupted or impaired; provided, however, Tenant complies with the maintenance and operation of the Premises Equipment as set forth in Section 3.4. Tenant shall use and operate the Premises Equipment and Tenant’s Alterations so as not to cause any material interference to Landlord’s use of the roof or other portions of the Building, or damage to or interference with the operation of the Building or the Building Systems. If any of the Premises Equipment or Tenant’s Alterations interferes with any equipment installed by Landlord or any other tenant in the Building, or interferes with the operation of the Building or the Building Systems, then Tenant, at its sole cost and expense, shall take all steps necessary to eliminate such interference, and if Tenant shall fail to eliminate such interference, Tenant shall relocate the applicable Premises Equipment or Tenant’s Alterations to another area in, on or adjacent to the Building reasonably designated by Landlord. In the event Tenant fails, within thirty (30) days after notice, to relocate the applicable Premises Equipment or Tenant’s Alterations or if same can’t be relocated within thirty (30) days, if Tenant fails to commence action to relocate the applicable Premises Equipment or Tenant’s Alterations within thirty (30) days and fails to diligently pursue the relocation of same, Landlord may do so, and Tenant shall promptly reimburse Landlord for any costs and expenses incurred by Landlord in connection therewith. (c) Landlord shall not have any obligations with respect to the Premises Equipment, Tenant Equipment or compliance with any Laws (including the obtaining of any required permits or licenses, or the maintenance thereof) relating thereto, nor shall Landlord be responsible for any damage that may be caused to Tenant, the Premises Equipment, or the Tenant Equipment by any other tenant or occupant of the Building, except to the extent caused by Landlord’s gross negligence or intentional wrongdoing. (d) Tenant shall (i) be solely responsible for any damage caused as a result of the use of the Premises Equipment or Tenant Equipment by Tenant or any Tenant Party, except to the extent caused by Landlord’s gross negligence or intentionally wrongful acts (ii) promptly pay any tax, license, permit or other fees or charges imposed pursuant to any Laws relating to the installation, maintenance or use of the Premises Equipment by Tenant or Tenant’s Alterations, and (iii) promptly and diligently perform all reasonably necessary repairs or replacements to, or maintenance of, the Premises Equipment and Tenant’s Alterations subject to normal wear and tear, obsolescence and casualty damage, provided, however, that if Tenant’s failure after thirty (30) days’ notice from Landlord to so repair, replace or maintain the Premises Equipment or Tenant’s Alterations jeopardizes in any way Landlord’s or any other tenant’s property located in, on or adjacent to the Building, Landlord may, at Landlord’s option, elect to perform such repairs, replacements or maintenance at Tenant’s sole cost and expense, only if Tenant is initially required to perform such repairs, replacements or maintenance pursuant to this Lease. Landlord shall give Tenant thirty (30) days’ prior notice of its election to perform such repairs, except in an emergency. Tenant shall obtain and keep in full force and effect all permits, approvals and certificates required for the Premises Equipment and Tenant’s Alterations under applicable Laws, at Tenant’s sole cost and expense. (e) The rights granted to Tenant in this Section 10.6 shall continue until and automatically terminate and expire upon the expiration or earlier termination of this Lease and such termination shall be self-operative and no further instrument shall be required to effect such termination. Upon request by Landlord following the expiration or sooner termination of this Lease, Tenant, at Tenant’s sole cost and expense, shall promptly execute and deliver to Landlord, in recordable form, any certificate or other document reasonably required by Landlord confirming the termination of Tenant’s rights to use the Support Space. The rights granted to Tenant in this Section 10.6 shall not be assignable or otherwise transferred by Tenant separately from this Lease.