Common use of Telecommunications Provider Clause in Contracts

Telecommunications Provider. 8.6.1 Any and all television, radio, telecommunications and voice and data technology equipment, cabling, wiring, panels and other facilities required for Lessee’s requirements (“Telecommunications Equipment”) shall be located solely in the Premises, other than and except for any cabling and wiring (which shall be Limited Combustible Cable) 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 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 Lessor, in its sole discretion, must approve any and all of Lessee’s installers, contractors and vendors prior to commencement of installation and/or connection of telecommunications lines from the MPOE and/or the IDF to the Premises, and any such work shall be done at Lessee’s expense. 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 or occupants 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, including Lessor’s reasonable 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 limit the number of local exchange carriers and competitive alternative telecommunications providers (collectively, “TSPs”) having access to the Building’s riser system and infrastructure, and Lessor reserves the right to charge TSPs for access to and use of the Building’s telecommunications 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 vertical 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 claims, losses, damages, liabilities, costs, fees, or expenses attributable to or resulting from (i) any interruption of service, damage or interference with or to any of the Telecommunications Equipment, except to the extent caused by the reckless and intentional misconduct of Lessor, its agents or employees; provided, however, in no event shall any such interruption, damage or interference entitle Lessee to any consequential damages (including damages for loss of business), constitute an actual or constructive eviction, in whole or in part, or relieve Lessee of any of its obligations under this Lease, (ii) electromagnetic fields, or (iii) the consequences of the operations of Lessee’s Telecommunication Service Provider or other Telecommunication Service Providers. 8.6.5 Upon the expiration or earlier termination of this 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, whether located at the IDF and/or along any path of travel to the MPOE. 8.6.6 Lessee may install a wireless Internet communications network (also known as “Wi-Fi”) within the Premises for the use of Lessee and its employees, but Lessee shall at all times thereafter, at its expense, install “firewall” protection and implement and utilize other commercially reasonable measures and protocols designed to prevent its Wi-Fi system and usage from interfering with the Wi-Fi systems of other tenants, occupants, or telecommunications service providers within the Building.

Telecommunications Provider. 8.6.1 Any Except as provided in Section 6.10 and the Rooftop License Agreement, any and all television, radio, telecommunications and voice and data technology equipment, cabling, wiring, panels and other facilities required for Lessee’s requirements (“Telecommunications Equipment”) shall be located solely in the Premises, other than and except for any cabling and wiring (which shall be Limited Combustible Cable) 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 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, in its sole discretion, must approve any and all of Lessee’s approved installers, contractors and vendors prior are authorized to commencement of installation install and/or connection of connect telecommunications lines from the MPOE and/or the IDF to the Premises, and any such work shall be done at Lessee’s expense. Lessee shall reimburse Lessor, within ten (10) business 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 or occupants 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, including Lessor’s reasonable 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 limit the number of local exchange carriers and competitive alternative telecommunications providers (collectively, “TSPs”) having access to the Building’s riser system and infrastructure, and Lessor reserves the right to charge TSPs for access to and use of the Building’s telecommunications 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 vertical 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 claims, losses, damages, liabilities, costs, fees, or expenses attributable to or resulting from (i) any interruption of service, damage or interference with or to any of the Telecommunications Equipment, except to the extent caused by the reckless and gross negligence or intentional misconduct of Lessor, its agents or employees; provided, however, in no event shall any such interruption, damage or interference entitle Lessee to any consequential damages (including damages for loss of business), constitute an actual or constructive eviction, eviction in whole or in part, or relieve Lessee of any of its obligations under this Lease, (ii) electromagnetic fields, or (iii) the consequences of the operations of Lessee’s Telecommunication Service Provider Providers or other Telecommunication Service Providers. 8.6.5 Upon the expiration or earlier termination of this 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, Premises (except cabling) whether located at the IDF and/or along any path of travel to the MPOE. 8.6.6 Lessee may install a wireless Internet communications network (also known as “Wi-Fi”) within the Premises and on the rooftop (to the extent provided in Section 6.10 and the Rooftop License Agreement) for the use of Lessee and its employees, but Lessee shall at all times thereafter, at its expense, install “firewall” protection and implement and utilize other commercially reasonable measures and protocols designed to prevent its Wi-Fi system and usage from interfering with the Wi-Fi systems of other tenants, occupants, or telecommunications service providers within the Building.