Common use of Telecommunications Provider Clause in Contracts

Telecommunications Provider. A. Tenant, at its sole cost and expense, shall have the right to contract with an alternative telecommunications provider ("Alternative Provider") for the provision to the Premises of local telephone service or other telecommunication service and permit such Alternative Provider to install telephone, data or other information cabling or other telecommunications equipment in the Premises for such purpose. Tenant shall be permitted to use its pro rata share of the Building's riser system for the purpose of installing appropriate cabling for such use. The point of entry (and method and manner of same) into the Building by such Alternative Provider shall be subject to Landlord's reasonable approval. B. The rights of Tenant provided herein are subject to (i) Landlord's approval of plans and specifications regarding any telecommunications equipment or cabling to be installed in the Building; (ii) Landlord's approval of the manner and method of any such installation; (iii) Landlord's approval of the Alternative Provider; and (iv) the Alternative Provider's execution and delivery of Landlord's standard telecommunications/communications license agreement. The approval of Landlord required in connection with the foregoing matters shall not be unreasonably withheld. Landlord shall not be entitled to receive any compensation from Tenant in connection with allowing the access described herein, provided such access is used exclusively to provide service to Tenant in the Building. C. Tenant and/or its Alternative Provider shall be permitted access to the Building's riser system for the initial installation of the telecommunications cabling and other equipment and, in order to install, maintain, operate and remove the telecommunications cabling or other equipment, Tenant and the Alternative Provider shall be permitted access to the telecommunications closet(s) on the floors on which the Premises are located. Upon expiration or earlier termination of this Lease or Tenant's right to possession of the Premises, Tenant, at Tenant's cost, if requested by Landlord, shall remove all cabling and conduit from the riser system or other portions of the Building outside of the Premises and other equipment installed by or on behalf of Tenant in connection with the service to be provided in accordance with this Section XIII.

Telecommunications Provider. A. Tenant, at its sole cost and expense, shall have the right to contract with an alternative telecommunications provider ("Alternative Provider") for the provision to the Premises of local telephone service or other telecommunication service and permit such Alternative Provider to install telephone, data or other information cabling or other telecommunications equipment in the Premises for such purpose. Tenant shall be permitted to use its pro rata share of the Building's riser system for the purpose of installing appropriate cabling for such use. The point of entry (and method and manner of same) into the Building by such Alternative Provider shall be subject to Landlord's reasonable approval. B. The rights of Tenant provided herein are subject to (i) Landlord's approval of plans and specifications regarding any telecommunications equipment or cabling to be installed in the Building; (ii) Landlord's approval of the manner and method of any such installation; (iii) Landlord's approval of the Alternative Provider; and (iv) the Alternative Provider's execution and delivery of Landlord's standard telecommunications/communications license agreement. The approval of Landlord required in connection with the foregoing matters shall not be unreasonably withheld. Landlord shall not be entitled to receive any compensation from Tenant in connection with allowing the access described herein, provided such access is used exclusively to provide service to Tenant in the Building. C. Tenant and/or its Alternative Provider shall be permitted access to the Building's riser system for the initial installation of the telecommunications cabling and 57 other equipment and, in order to install, maintain, operate and remove the telecommunications cabling or other equipment, Tenant and the Alternative Provider shall be permitted access to the telecommunications closet(s) on the floors on which the Premises are located. Upon expiration or earlier termination of this Lease or Tenant's right to possession of the Premises, Tenant, at Tenant's cost, if requested by Landlord, shall remove all cabling and conduit from the riser system or other portions of the Building outside of the Premises and other equipment installed by or on behalf of Tenant in connection with the service to be provided in accordance with this Section XIII.

Telecommunications Provider. A. Tenant8.6.1 Any and all telecommunications and voice and data technology equipment, cabling, wiring, panels and other facilities required for Lessee's telecommunications requirements ("Telecommunications Equipment") shall be located solely in the Premises, other than and except for any cabling and wiring that provides connectivity from the Premises to one or more intermediate demarcation points for telecommunication service providers (the "IDF") located in the Building and to the main telecommunications demarcation point for the Project (the "MPOE"), which may be located in the Building or elsewhere within the Project. Lessee shall only be permitted to access the IDF and the MPOE with the prior consent of Lessor (and only in accordance with such access control procedures implemented from time to time by Lessor), for the limited purpose of confirming interconnection with the facilities and equipment of the telecommunications service provider ("TSP") that provides services to the Premises. The number and type of lines allocated to Lessee at the IDF and/or the MPOE shall be designated by Lessor, and shall not be increased or added to without the prior written consent of Lessor. By its sole acceptance of possession of the Premises, Lessee shall be deemed to have agreed that the allocated number and type of lines serving the Premises are adequate for Lessee's occupancy. 8.6.2 Only Lessor and/or Lessor's approved installers, contractors and vendors are authorized to install and/or connect telecommunications lines from the MPOE and/or the IDF to the Premises, and any such work shall be done at Lessee's expense; provided that Lessor's approval of an installer, contractor, or vendor shall not in any way constitute a representation or warranty with respect to the quality of the work, services, or operations of any of the foregoing, and Lessee assumes all risk with respect thereto. Lessee shall reimburse Lessor, within ten (10) days after written request, for the reasonable cost of Lessor's designated telecommunications manager with respect to monitoring any installation work performed for Lessee requiring access to the IDF and/or MPOE. None of the Telecommunications Equipment, wherever located, shall interfere with the telecommunications equipment of any other tenant or occupant of the Building or of any telecommunications service provider granted a right of access to the Building by Lessor, and Lessee shall at all times during the term of this Lease cause its Telecommunications Equipment to be operated within the technical and frequency transmission and reception parameters specified by the equipment manufacturer and any governmental license. If Lessee, its employees, agents or contractors, should cause any measurable interference with any Building systems or equipment, or the systems or equipment of any of the other tenants of the Project, or of any telecommunications service provider that, with the permission of Lessor, has installed equipment in the Building (collectively, "Approved Telecommunications Facilities"), Lessor shall have the right, upon twenty-four (24) hours verbal notice to Lessee, to disconnect any equipment or wiring located outside the Premises until Lessee resolves the interference issues in a manner satisfactory to Lessor. Lessee shall be liable to Lessor for, and shall indemnify, defend and hold harmless Lessor from and against, any loss, claim, damage, liability, fine, penalty, fee, cost and expense, shall have including Lessor's attorneys' fees and costs, incurred in connection with or arising from any damage to or interference with any Approved Telecommunications Facilities, and any riser infrastructure in the Building due to the act or omission (negligent or otherwise) of Lessee, or any employee, agent or contractor of Lessee. 8.6.3 Lessor reserves the right to contract with an limit the number of local exchange carriers and competitive alternative telecommunications provider providers (collectively, "Alternative ProviderTSPs") for the provision to the Premises of local telephone service or other telecommunication service and permit such Alternative Provider to install telephone, data or other information cabling or other telecommunications equipment in the Premises for such purpose. Tenant shall be permitted to use its pro rata share of the Building's riser system for the purpose of installing appropriate cabling for such use. The point of entry (and method and manner of same) into the Building by such Alternative Provider shall be subject to Landlord's reasonable approval. B. The rights of Tenant provided herein are subject to (i) Landlord's approval of plans and specifications regarding any telecommunications equipment or cabling to be installed in the Building; (ii) Landlord's approval of the manner and method of any such installation; (iii) Landlord's approval of the Alternative Provider; and (iv) the Alternative Provider's execution and delivery of Landlord's standard telecommunications/communications license agreement. The approval of Landlord required in connection with the foregoing matters shall not be unreasonably withheld. Landlord shall not be entitled to receive any compensation from Tenant in connection with allowing the access described herein, provided such access is used exclusively to provide service to Tenant in the Building. C. Tenant and/or its Alternative Provider shall be permitted having access to the Building's riser system and infrastructure, and Lessor reserves the right to charge TSPs for the initial installation access to and use of the Building's telecommunications cabling riser system and infrastructure, and to require, as a condition to any such access or use, that the TSPs enter into a written agreement with Lessor governing the terms and conditions of such access. Lessor has the sole right to designate the risers and other equipment andvertical and horizontal pathways to be utilized by TSPs and/or Lessee for access and connectivity to and from the Premises, the IDF and the MPOE. 8.6.4 Lessee hereby waives any claim against Lessor for any damages, liabilities, costs or expenses attributable to or resulting from any interruption of service, damage or interference with or to any of the Telecommunications Equipment, except to the extent caused by the gross negligence or willful misconduct of Lessor, its agents or employees; provided, however, in order no event shall any such interruption, damage or interference entitle Lessee to installany consequential damages (including damages for loss of business), maintainconstitute an actual or constructive eviction, operate and remove in whole or in part, or relieve Lessee of any of its obligations under this Lease. 8.6.5 Upon the telecommunications cabling or other equipment, Tenant and the Alternative Provider shall be permitted access to the telecommunications closet(s) on the floors on which the Premises are located. Upon expiration or earlier termination of this Lease or Tenant's right to possession of Lease, Lessee shall remove, at its sole cost and expense (and by installers approved by Lessor as hereinabove provided), all Telecommunications Equipment in the Premises and/or exclusively serving the Premises, Tenant, whether located at Tenant's cost, if requested by Landlord, shall remove all cabling and conduit from the riser system or other portions IDF and/or along any path of travel to the Building outside of the Premises and other equipment installed by or on behalf of Tenant in connection with the service to be provided in accordance with this Section XIIIMPOE.