Common use of Tenant’s Equipment Clause in Contracts

Tenant’s Equipment. (A) Subject to the terms and provisions of this Section 8.26, Tenant shall be permitted to install (x) telecommunications equipment, television antennas, related receiving equipment, related cable connections and other related telecommunications equipment (collectively, the "Telecom Equipment") and (y) HVAC equipment and any and all related equipment to accommodate Tenant's excess HVAC requirements (collectively, the "HVAC Unit") in a location or locations on the rooftop of any of the Buildings in which Tenant directly leases Premises from Landlord in an area to be mutually agreed upon the parties, provided that (i) such installation and the operation thereof shall not cause any measurable interference with any existing communication equipment in the Complex, and (ii) such installation does not adversely affect the structural elements or the visual aesthetic of the Buildings as determined by Landlord in its sole discretion. In addition, Landlord shall have the option upon notice to Tenant to relocate the Telecom Equipment and/or the HVAC Unit to other areas on the rooftop of the Buildings at Landlord's sole cost and expense and so long as such relocation does not materially adversely affect Tenant's use of the Premises. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit on the Buildings and/or the Site (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering party.

Appears in 4 contracts

Samples: Agreement (Irobot Corp), Agreement (Irobot Corp), Lease (Irobot Corp)

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Tenant’s Equipment. (A) Subject to the terms and provisions of this Section 8.26, Tenant shall be permitted permitted, at its sole cost and expense, to install (x) telecommunications equipmentequipment for telecommunications, television antennas, related receiving equipment, related cable connections data transmission and other related telecommunications equipment similar technologies (collectively, the "Telecom “Telecommunications Equipment") and (y) equipment for the Premises’ additional or supplementary HVAC system, fans, and other equipment reasonably necessary for Tenant’s use and any occupancy of the Premises (the “HVAC Equipment” and all related equipment to accommodate Tenant's excess HVAC requirements (collectivelycollectively with the Telecommunications Equipment, the "HVAC Unit"“Tenant’s Equipment”) in a location or locations on the Site. The Telecommunications Equipment may be located on the rooftop of any of the Buildings Building in which Tenant directly leases Premises from Landlord in an area a location to be mutually agreed upon the parties, provided that (i) such installation and the operation thereof shall not cause any measurable interference with any existing communication equipment in the Complex, and (ii) such installation does not adversely affect the structural elements or the visual aesthetic of the Buildings as determined by Landlord and Tenant in its sole good faith and in their reasonable discretion. In addition, Landlord shall have will determine whether or not the option upon notice to Tenant to relocate the Telecom 109 HVAC Equipment and/or the HVAC Unit to other areas may also be located on the rooftop of the Buildings Building at such time as Landlord reviews the specifications therefor as contemplated by this Section 8.26. The exact specifications of the Tenant’s Equipment, and the method of installing the Tenant’s Equipment, shall be subject to Landlord's sole cost ’s prior written approval, which shall not be unreasonably withheld or delayed. Tenant and expense Tenant’s contractors shall have reasonable access to the roof in order to inspect, service, repair, maintain and so long as such relocation does not materially adversely affect replace any Tenant's ’s Equipment located thereon, subject to Landlord’s reasonable rules and regulations of which Tenant has been given prior notice relative to the access to and use of the Premisesrooftop. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Landlord’s roof contractor for the installation of flashing for any rooftop penetrations necessary for the placement of the Tenant’s Equipment and the HVAC Unit on the Buildings and/or the Site (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Buildings and elsewhere on Building. Tenant’s use of the Site provided that any agreement with a third party granting Tenant’s Equipment shall be upon all of the right to install telecommunications equipment subsequent to conditions of the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occurLease, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering party.except as modified below:

Appears in 1 contract

Samples: Phase Forward Inc

Tenant’s Equipment. (A) Subject to the terms Except for equipment already installed and provisions of this Section 8.26, Tenant shall be permitted to install (x) telecommunications equipment, television antennas, related receiving equipment, related cable connections and other related telecommunications equipment (collectively, the "Telecom Equipment") and (y) HVAC equipment and any and all related equipment to accommodate Tenant's excess HVAC requirements (collectively, the "HVAC Unit") in a location or locations on the rooftop of any of the Buildings use ------------------ in which Tenant directly leases Premises from Landlord in an area to be mutually agreed upon the parties, provided that (i) such installation and the operation thereof shall not cause any measurable interference with any existing communication equipment in the Complex, and (ii) such installation does not adversely affect the structural elements or the visual aesthetic of the Buildings as determined by Landlord in its sole discretion. In addition, Landlord shall have the option upon notice to Tenant to relocate the Telecom Equipment and/or the HVAC Unit to other areas on the rooftop of the Buildings at Landlord's sole cost and expense and so long as such relocation does not materially adversely affect Tenant's use of the Premises. Tenant shall have no right to licensenot install or operate in the Premises (i) any electrically operated equipment or other machinery, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit on the Buildings and/or the Site (other than normal and customary general office equipment that does not require wiring, cooling or other service in excess of Building standards, (ii) any equipment of any kind or nature whatsoever which will require any changes, replacements or additions to, or changes in the use of, any water, heating, plumbing, air conditioning or electrical system of the Premises or the Building, or (iii) any equipment which causes the floor load to an assignee exceed the load limits set by Landlord for the Building. Landlord's consent to such installation or subtenant permitted operation may be withheld in Landlord's commercially reasonable discretion and if such consent is given shall be conditioned upon, among other things, the payment by Tenant of additional compensation for any excess consumption of utilities and any additional power, wiring, cooling or consented other service (as determined in the sole discretion of Landlord) that may result from such equipment. In order to under this Lease). Landlord hereby reserves the right (at its sole discretion) to install ensure that Building standards are not exceeded and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on avert a possible adverse effect upon the rooftop of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occurBuilding electrical service, Tenant shall provide give prior notice thereof to Landlord whenever Tenant wants to connect to the Building electrical distribution system any electrically operated equipment other than lamps, personal computer terminals and other similar normal and customary small general office equipment. Machines and equipment which cause noise or vibration that may be transmitted to the structure of the Building or to any space therein so as to be objectionable to Landlord or any other Building tenant shall, to the extent permitted by Landlord, be installed and maintained by Tenant, at its expense, on vibration eliminators or other devices sufficient to eliminate such noise and vibration. Neither Tenant nor its Agents, shall at any time enter, adjust, tamper with, touch or otherwise in any manner affect the building systems or facilities of the Building. Tenant shall turn over to Landlord in good working condition its cooling tower and generator. Afterwards, Tenant shall continue to own the cooling tower and generator, but Landlord shall use reasonable efforts maintain the cooling tower and generator and pass through to cause Tenant the same to be remedied, however, if despite cost of such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering partymaintenance.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Mantech International Corp)

Tenant’s Equipment. (A) Subject to the terms and provisions conditions set forth in this Paragraph 46, and Tenant’s receipt of this Section 8.26all necessary governmental approvals, Tenant shall have the right to install and operate a satellite dish or dishes on the roof of the Building, and related cabling within the Building risers (collectively, “Tenant’s Equipment”), at no charge to Tenant for the use of the roof and the risers, for the purpose of transmitting and/or receiving microwave or radio signals, in a manner consistent with Tenant’s business. Tenant shall, however, be responsible for all costs associated with the installation, maintenance and repair of Tenant’s Equipment as well as any utility costs associated with the operation of Tenant’s Equipment. The number, size, location and method of installing or affixing Tenant’s Equipment on the roof shall subject to the prior approval of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned so long as Tenant’s Equipment can be installed and operated on the roof of the Building without damaging the Building structure. Installation shall be designed and supervised by a duly registered and qualified professional engineer or architect approved by the Landlord. The installation shall be actually fastened (bolted, welded or otherwise positively anchored, not ballasted) to the structure and properly flashed to the roof membrane with all necessary work to preserve the roof integrity and any warranties. Any future installations or changes in Tenant’s Equipment shall be subject to all the conditions and restrictions for original installation of Tenant’s Equipment as set forth herein, and shall be subject to Landlord’s prior approval. For any transmitting device, the Tenant shall submit data to the Landlord detailing necessary safety precautions that will be used on the installation, including EMF output, in keeping with accepted operating and safety standards. Tenant shall not be permitted to install (x) telecommunications equipment, television antennas, related receiving equipment, related cable connections assign or sublet the Tenant’s Equipment installation and operation rights to any other related telecommunications equipment (collectively, the "Telecom Equipment") and (y) HVAC equipment and any and all related equipment party. The right to accommodate operate Tenant's excess HVAC requirements (collectively, the "HVAC Unit") in a location or locations on the rooftop of any of the Buildings in which Tenant directly leases Premises from Landlord in an area to be mutually agreed ’s Equipment shall expire upon the partiesexpiration or sooner termination of this Lease, provided that (i) such installation at which time Tenant shall remove all of Tenant’s Equipment, including all cabling, from the Building and repair any damage to the Building caused by the installation, operation thereof shall not cause any measurable interference with any existing communication equipment in the Complex, and (ii) such installation does not adversely affect the structural elements or the visual aesthetic removal of the Buildings as determined by Landlord in its sole discretionTenant’s Equipment. In addition, Landlord shall have the option upon notice right to Tenant do maintenance, repairs and remodeling to relocate the Telecom Equipment and/or Building and roof space at any time without Tenant’s prior approval provided that none of such maintenance, repairs or remodeling interferes with the HVAC Unit to other areas on the rooftop of the Buildings at Landlord's sole cost and expense and so long as such relocation does not materially adversely affect Tenant's use of the Premises. Premises by Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit on conduct of Tenant’s business in the Buildings and/or the Site (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice thereof to Landlord and Landlord shall use reasonable efforts to cause the same to be remedied, however, if despite such efforts the same are not remedied within a period reasonably necessary to cure such interference, Landlord shall exercise the termination right set forth in its agreement with such interfering partyBuilding.

Appears in 1 contract

Samples: Lease Agreement (Silicon Graphics Inc)

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Tenant’s Equipment. Tenant shall be responsible for the installation of Tenant’s audio/visual equipment, and telecommunications equipment, wiring and cabling (A“Tenant’s Equipment”), except for certain infrastructure required to support said Tenant’s Equipment which shall be part of the Tenant Improvements. Tenant shall be responsible for removal and restoration of Tenant’s Equipment upon expiration of the Lease Term. EXHIBIT B-1 Space Plan EXHIBIT C New Building Façade Signage Location 24 EXHIBIT D Letter of Credit Terms and Conditions The Letter of Credit shall be, among other things, (i) Subject subject to the terms International Standby Practices 1998, International Chamber of Commerce Publication No. 590, (ii) irrevocable and unconditional, (iii) conditioned for payment solely upon presentation of the Letter of Credit and a sight draft, (iv) transferable one or more times by Landlord without the consent of Tenant or the issuing bank, and (v) shall be issued by an FDIC-insured banking institution with a branch office in Los Angeles, California, that meets the "financial standard" and is otherwise reasonably satisfactory to Landlord. As used herein, the term "financial standard" means that the most recent call report or similar statement of condition of the subject bank available on the website of the Federal Financial Institutions Examination Council demonstrates that such bank satisfies the criteria to be considered "well capitalized" pursuant to 12 C.F.R. §6.4, as in effect from time to time. If a Default by Tenant occurs beyond all the applicable notice and cure periods, Landlord may use, apply or retain the whole or any part of the proceeds of the Letter of Credit for (i) the payment of any Rent, Additional Rent or any other sums of money payable to Landlord hereunder, (ii) the payment of any sum expended by Landlord on Tenant’s behalf in accordance with the provisions of this Section 8.26Lease or which the Landlord may expend or be required to expend by reason of such Default, including, without limitation, any damages or deficiency in the reletting of the Premises and any reasonable attorneys’ fees and costs in connection with such Default. The use, application or retention of the proceeds of the Letter of Credit or portion thereof by Landlord shall not prevent Landlord from exercising any other right or remedy provided for hereunder or at law and shall not operate as a limitation on any recovery to which Landlord may otherwise be entitled. In the case of every such application or retention of the proceeds of the Letter of Credit, Tenant shall, within ten (10) days from Landlord’s demand, cause the existing Letter of Credit held by Landlord to be amended to increase its amount to the original amount or deliver to Landlord an additional Letter of Credit or cash in the amount equal to the sum so applied or retained by Landlord. If the proceeds of the Letter of Credit are insufficient to cover any actual damages sustained by Landlord for Default of Tenant, Tenant shall be permitted pay to install Landlord within ten (x) telecommunications equipment10 business days of demand, television antennasin cash, related receiving equipment, related cable connections and other related telecommunications equipment (collectively, the "Telecom Equipment") and (y) HVAC equipment and an amount sufficient to fully compensate Landlord for any and all related equipment actual damages sustained by Landlord. Tenant shall pay all costs or fees charged in connection with the Letter of Credit that arise due to accommodate Tenant's excess HVAC requirements (collectively, the "HVAC Unit") in a location or locations on the rooftop of any of the Buildings in which Tenant directly leases Premises from Landlord in an area to be mutually agreed upon the parties, provided that first: (i) such installation and Landlord’s sale or transfer of all or a portion of the operation thereof shall not cause any measurable interference with any existing communication equipment in the Complex, and New Building and/or Project; or (ii) such installation does not adversely affect the structural elements addition, deletion, or the visual aesthetic modification of any beneficiaries or any other terms of the Buildings as determined by Landlord Letter of Credit, and, in its sole discretion. In additioneach case, Landlord shall have pay for any subsequent item (i) or (ii) events. The Letter of Credit shall expire not earlier than twelve (12) months after the option upon notice to Tenant to relocate the Telecom Equipment and/or the HVAC Unit to other areas on the rooftop date of the Buildings at Landlord's sole cost and expense and so long as such relocation does not materially adversely affect Tenant's use of the Premises. Tenant shall have no right to license, sublease, assign or otherwise transfer its rights to install and use Telecom Equipment and the HVAC Unit on the Buildings and/or the Site (other than to an assignee or subtenant permitted or consented to under this Lease). Landlord hereby reserves the right (at its sole discretion) to install and to permit others to install, use and maintain telecommunications equipment, antennas and similar installations on the rooftop of the Buildings and elsewhere on the Site provided that any agreement with a third party granting the right to install telecommunications equipment subsequent to the Commencement Date hereof shall contain language prohibiting interference with Tenant's Telecom Equipment then existing and shall provide Landlord with a termination right if such interference is not remedied after a reasonable period of time. If measurable interference shall occur, Tenant shall provide notice delivery thereof to Landlord and shall provide that same shall be automatically renewed for successive twelve (12) month periods through a date which is not earlier than thirty (30) days after the expiration of the New Term, or any renewal or extension thereof. If the issuing bank does not renew the Letter of Credit, and if Tenant does not deliver a substitute Letter of Credit at least thirty (30) days prior to the expiration of the current Letter of Credit term, then Tenant shall be in Default of the Lease and Landlord, in addition to its other rights under the Lease, shall have the right to draw on the existing Letter of Credit. Tenant may substitute the Letter of Credit with a new Letter of Credit from a new bank which satisfies the terms of this Exhibit D at any time and Landlord shall use reasonable efforts return the then existing Letter of Credit to cause Tenant within five (5) business days after receipt of the same substitute Letter of Credit. Tenant hereby agrees to be remediedcooperate, howeverat its expense, if despite such efforts with Landlord to promptly execute and deliver to Landlord any and all modifications, amendments, and replacements of the same are not remedied within a period Letter of Credit, as Landlord may reasonably necessary request to cure such interference, Landlord carry out the terms and conditions in this Amendment and Exhibit D. The provisions hereof shall exercise survive expiration or termination of the termination right set forth in its agreement with such interfering party.Lease. SCHEDULE 1

Appears in 1 contract

Samples: Office Lease Agreement (Arcutis Biotherapeutics, Inc.)

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