Common use of TENANT'S USE OF ROOF Clause in Contracts

TENANT'S USE OF ROOF. Subject to the terms and conditions of this Lease, including, without limitation, Section 6, Tenant may plan, design, construct, supervise and maintain upon the roof any air conditioning and electrical equipment, alarm bells and equipment, antennas, satellite dishes and similar facilities which may protect or, service the Premises (collectively "Roof Facilities"), provided that the, same do not unreasonably interfere with the operation of the Development, do not impair the structural integrity of the Building, are reasonably screened from public view and comply with all applicable governmental codes, ordinances, rules, regulations and laws. Any such Roof Facility, and any temporary signage or advertising items, which shall be installed or erected shall unless and until Tenant shall remove the same be maintained by Tenant at Tenant's own cost and expense and shall be removed by Tenant and any damage to the Building repaired, at Tenant's expense, upon the expiration or earlier termination of the term of this Lease. Tenant shall be responsible for all maintenance costs incurred in collection with the Roof Facilities and related equipment and flashing installed around the bases and all reasonable measures taken to prevent leakage there from Tenant hereby agrees to cooperate in any roof repair, replacement, maintenance and insta11ation as required by Landlord from time to time and shall at Tenant's sole cost and expense relocate or temporarily remove and or all of the Roof Facilities in connection with such repair or replacement of the roof. Upon the termination hereof, the Tenant may remove, or Landlord may require Tenant to remove, the Roof Facilities and any and all damage to the roof caused by said removal shall be repaired by Tenant.

TENANT'S USE OF ROOF. Subject No radio or television aerial or other device shall be erected on the roof or exterior walls of the Leased Premises or the building in which the Leased Premises is located without first obtaining Landlord's written consent. Any roof penetrations which shall be required to be made pursuant to plans and specifications approved by Landlord shall be made only with Landlord's prior written consent and by a contractor designated or approved by Landlord, and Tenant shall, at its expense, promptly repair, utilizing a contractor designated or approved by Landlord, any damage or wear to the roof resulting in whole or in part from the use described in this Section 4.6. Landlord, at Landlord's expense, may relocate Tenant's equipment at any time. Tenant shall have the right, at any time during the Term of the Lease, provided Tenant is not in default hereunder, to construct, operate, and maintain a satellite dish (the "Roof Equipment") on the roof of the Shopping Center in accordance with the terms and conditions set forth in this Section 4.6(B). The Roof Equipment shall be for Tenant's use only to support its retail business in the Leased Premises and Tenant shall not permit any other party to use the Roof Equipment and shall not charge or receive any fees or other consideration in connection with its use. If Tenant desires to install the Roof Equipment on the roof of the Shopping Center, Tenant shall obtain the written approval of Landlord of the method of installation of, and the plans and specifications for, the Roof Equipment prior to the installation of same on the roof of the Shopping Center, which approval shall not be unreasonably withheld. In no event shall any Roof Equipment or the installation thereof penetrate the roof of the Shopping Center. If Tenant receives all of the required Landlord approvals for the installation of the Roof Equipment, such installation shall be performed by a contractor and roofing crew approved by Landlord, in its sole discretion, and such installation shall in no event void or diminish in any respect Landlord's warranty on the roof of the Shopping Center. Tenant shall pay all costs related to the installation, operation, and maintenance of such Roof Equipment. The location, installation, use, and maintenance of such Roof Equipment shall at all times conform to all applicable zoning and other applicable governmental guidelines, laws, codes, rules, regulations, and ordinances in effect from time to time as well as all architectural standards established by Landlord from time to time for the Shopping Center. Prior to the installation of the Roof Equipment, Tenant shall obtain all necessary permits and licenses from the City of Knoxville and any other governmental agency having jurisdiction over the Shopping Center or over the Roof Equipment and its use. The Roof Equipment shall be located on that certain portion of the roof of the Shopping Center as Landlord may from time to time designate, and the Roof Equipment shall be located as far away from the perimeter of the roof so as not to be visible from street level and Tenant shall screen the Roof Equipment if required to do so by Landlord. After the initial installation of the Roof Equipment, from time to time Landlord may in its reasonable judgment, cause Tenant to relocate the Roof Equipment, at Tenant's sole cost and expense, to another portion of the roof of the Shopping Center. Landlord makes no representation and shall have no obligation with respect to the suitability of the portion of the roof approved by Landlord for the installation and use of the Roof Equipment. All of the terms and conditions of this LeaseLease shall be applicable to the Roof Equipment except that the area of the roof containing the Roof Equipment shall not be considered part of the Leased Premises for the purposes of calculating Minimum Rent, Tax Rent, Tenant's Proportionate Share of Landlord's Operating Costs, or any other charges payable under the Lease and determined on a per square foot basis. Tenant agrees that: (i) it shall cooperate with the owners and users of other communications and satellite equipment installed in or on the Shopping Center and/or the roof of the Shopping Center; (ii) the installation and operation of the Roof Equipment shall not interfere with the operation or functioning of other communications or satellite equipment installed in or on the Shopping Center and/or the roof of the Shopping Center prior to the installation of the Roof Equipment; (iii) Tenant shall not alter, redirect, or change the method of operation of its Roof Equipment if such alteration, redirection, or change would interfere with the operation or functioning of other communications or satellite equipment in or on the Shopping Center at the time of such alteration, redirection, or change; and (iv) if any interference of the type described in clause (ii) or clause (iii) of this paragraph occurs, Tenant shall eliminate the cause thereof at Tenant's expense. Tenant hereby agrees to indemnify and hold Landlord, its principals, agents, employees, and any Mortgagee(s) harmless against any and all claims, demands, liability, costs, and expenses of any and every kind including, without limitation, Section 6reasonable attorneys' fees, Tenant may plan, design, construct, supervise and maintain upon the roof arising from or connected in any air conditioning and electrical equipment, alarm bells and equipment, antennas, satellite dishes and similar facilities which may protect or, service the Premises (collectively "Roof Facilities"), provided that the, same do not unreasonably interfere way with the operation installation, use, operation, or maintenance of the DevelopmentRoof Equipment including, do not impair without limitation, claims for interference prohibited by the structural integrity of immediately preceding paragraph or claims from third parties occupying other property. On or prior to the BuildingTermination Date, are reasonably screened from public view and comply with all applicable governmental codes, ordinances, rules, regulations and laws. Any such Roof Facility, and any temporary signage or advertising items, which shall be installed or erected shall unless and until Tenant shall remove the same be maintained Roof Equipment and repair all damage caused by Tenant at Tenant's own cost such removal, and expense and shall be removed by Tenant and any damage restore the roof of the Shopping Center to the Building repaired, at Tenant's expense, upon condition in which it existed immediately prior to the expiration or earlier termination of the term of this Lease. Tenant shall be responsible for all maintenance costs incurred in collection with the Roof Facilities and related equipment and flashing installed around the bases and all reasonable measures taken to prevent leakage there from Tenant hereby agrees to cooperate in any roof repair, replacement, maintenance and insta11ation as required by Landlord from time to time and shall at Tenant's sole cost and expense relocate or temporarily remove and or all installation of the Roof Facilities in connection with such repair or replacement of the roof. Upon the termination hereof, the Tenant may remove, or Landlord may require Tenant to remove, the Roof Facilities and any and all damage to the roof caused by said removal shall be repaired by TenantEquipment.

TENANT'S USE OF ROOF. Subject No radio, satellite or television aerial or dish or other device shall be erected on the roof or exterior walls of the Premises or the building in which the Premises are located without first obtaining Landlord’s written consent. Any roof or other exterior penetrations (hereinafter in this Section 4.5 referred to collectively as “roof penetrations”) which shall be required to be made pursuant to plans and specifications approved by Landlord shall be made only with Lxxxxxxx’s prior written consent and by a contractor designated or approved by Landlord, and Tenant shall, at its expense, promptly repair, utilizing a contractor designated or approved by Landlord, any damage or wear to the terms roof resulting in whole or in part from the use described in this Section 4.5. No roof penetration shall violate or result in a violation of any applicable roof warranty and conditions of if any roof penetration made by or on behalf Tenant causes any such warranty to be violated or voided Tenant shall, at its sole cost and expense, take all steps necessary to repair the roof and to restore or reinstate such roof warranty. Landlord, at Landlord’s expense, may relocate Tenant’s equipment at any time. Any roof penetration performed without Landlord’s consent or performed by a contractor not approved by Landlord shall constitute a default by Tenant under this Lease, includingand from and after the date of any such unpermitted roof penetration, without limitation, Section 6in addition to all other remedies available under this Lease or provided at law or in equity, Tenant may planshall at all times, design, construct, supervise and maintain upon the roof any air conditioning and electrical equipment, alarm bells and equipment, antennas, satellite dishes and similar facilities which may protect or, service the Premises (collectively "Roof Facilities"), provided that the, same do not unreasonably interfere with the operation of the Development, do not impair the structural integrity of the Building, are reasonably screened from public view and comply with all applicable governmental codes, ordinances, rules, regulations and laws. Any such Roof Facility, and any temporary signage or advertising items, which shall be installed or erected shall unless and until Tenant shall remove the same be maintained by Tenant at Tenant's its own cost and expense expense, maintain the roof in good order, condition and shall be removed by Tenant repair and any damage make all necessary replacements and repairs to the Building repaired, at Tenant's expense, upon the expiration or earlier termination of the term of this Lease. Tenant shall be responsible for all maintenance costs incurred in collection with the Roof Facilities and related equipment and flashing installed around the bases and all reasonable measures taken to prevent leakage there from Tenant hereby agrees to cooperate in any roof repair, replacement, maintenance and insta11ation as required by Landlord from time to time and shall at Tenant's sole cost and expense relocate or temporarily remove and or all of the Roof Facilities in connection with such repair or replacement of the roof. Upon the termination hereof, the Tenant may remove, or Landlord may require Tenant to remove, the Roof Facilities and any and all damage to the roof caused by said removal shall be repaired by Tenant.