Communication Equipment. If Tenant desires to use the roof of the Project to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at the time of Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Tower or Annex for such equipment, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called “satellite dish” or other similar device, such as antennae on the existing designated area of the Tower for such equipment and may install such devices (collectively, “Communication Equipment”) on the “Designated Annex Area” on the roof of the Annex, provided each device at either location is no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at particular locations on the roof of the Tower and/or the Designated Annex Area reasonably designated by Landlord. The “Designated Annex Area” shall be an area of at least five hundred (500) square feet designated by Landlord on the roof of the Annex, provided that such area so designated by Landlord may not be in more than two (2) separate blocks, and at least one (1) such block shall be not less than ten (10) feet by ten (10) feet. Landlord shall have the right to require Tenant to relocate the Communication Equipment at any time to another location on the roof of the Tower or Annex reasonably approved by Tenant. After Tenant has installed such Communication Equipment, Landlord shall not permit any other party to install anything on the roof of the Tower or Annex or anywhere else on the Project that will unreasonably interfere with Tenant’s rights under this Article 12. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s roof warranty provided such contractor shall charge market competitive rates. Tenant’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
Appears in 2 contracts
Samples: Office Lease, Assignment of Sublease Agreement (Coinstar Inc)
Communication Equipment. If Tenant desires to use the roof of the Project Building to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at the time of Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Tower or Annex Building for such equipment, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called “satellite dish” or other similar device, such as antennae on the existing designated area of the Tower for such equipment and may install such devices (collectively, “Communication Equipment”) on the “Designated Annex Area” on the roof of the Annex, provided each device at either location is no greater than one twenty (120) meter inches in diameterdiameter and weighing no more than fifty (50) pounds, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipmentequipment (collectively, “Communication Equipment”), for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at particular locations a location on the roof of the Tower and/or the Designated Annex Area reasonably Building designated by Landlord. The “Designated Annex Area” Further, Tenant shall be an have the right of access, consistent with this Section 24.33, to the area where the Communication Equipment is located for the purposes of at least five hundred (500) square feet designated by Landlord on maintaining, repairing, testing and replacing the roof of the Annex, provided that such area so designated by Landlord may not be in more than two (2) separate blocks, and at least one (1) such block shall be not less than ten (10) feet by ten (10) feetsame. Landlord shall have the right to require Tenant to relocate the Communication Equipment at any time to another location on the roof of the Tower or Annex reasonably approved by TenantBuilding. After Tenant has installed Unless Landlord elects to perform such Communication Equipment, Landlord shall not permit any other party to install anything on the roof of the Tower or Annex or anywhere else on the Project that will unreasonably interfere with penetrations at Tenant’s rights under this Article 12. sole cost and expense, Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s roof warranty provided such contractor shall charge market competitive rateswarranty. Tenant’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
Appears in 1 contract
Samples: Regulus Therapeutics Inc.
Communication Equipment. If Tenant desires Subject to use the roof any other rights of other tenants of the Project Building pursuant to leases executed prior to the date hereof, Tenant shall also have the right without charge to install communication and use and operate satellite and/or antennae and communications equipment necessary or reasonably desirable to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at the time of Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Tower or Annex for such equipment, then subject to all governmental laws, rules and regulations, Tenant and Tenant’s contractors Building in an area not greater than thirty-six (which shall first be reasonably approved by Landlord36) shall have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called “satellite dish” or other similar device, such as antennae on the existing designated area of the Tower for such equipment and may install such devices square feet (collectively, “Communication the "Equipment”) on the “Designated Annex Area” on the roof of the Annex"), provided each device at either location is no greater than one (1) meter in diameter, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at particular locations on the roof of the Tower and/or the Designated Annex Area reasonably designated by Landlord. The “Designated Annex Area” shall be an area of at least five hundred (500) square feet designated by Landlord on the roof of the Annex, provided that such area so designated by Landlord may not be in more than two (2) separate blocks, and at least one (1) such block shall be not less than ten (10) feet by ten (10) feet. Landlord shall have including the right to require Tenant to relocate interconnect the Communication Equipment at any time to another with Tenant's other equipment located in the Premises, in a mutually agreeable location on the roof of the Tower Building as shown on Exhibit J which installation may penetrate the roof membrane provided Tenant complies with the terms of Landlord's roof warranty, if any. Tenant shall be solely responsible for the costs of installation, operation, and maintenance of the Equipment. Tenant will install and operate the Equipment in accordance with all federal, state and local regulations. If Tenant decides to install a microwave satellite dish and/or antennae, Landlord hereby permits Tenant to install wires, conduits and appurtenant facilities upon the Premises or Annex reasonably approved by Common Facilities, at Tenant's sole cost and expense. After In addition, Tenant has installed such Communication shall be responsible for obtaining any consents, permits and licenses required to install and operate the Equipment, and Landlord agrees to cooperate with Tenant to accomplish the same. Notwithstanding the foregoing and subject to Tenant's prior approval (not to be unreasonably withheld, conditioned or delayed), Landlord shall not permit any other party also be permitted to install anything place Equipment on the roof of the Tower or Annex or anywhere else on Building for its use and for the Project that will unreasonably use of others, provided such Equipment does not interfere with Tenant’s rights under this Article 12. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s roof warranty provided such contractor shall charge market competitive rates. Tenant’s installation and operation that of the Communication Equipment shall be governed by the following terms and conditions:Tenant. SECTION 29(b) HEREOF SETS FORTH A WARRANT OR AUTHORITY FOR AS ATTORNEY TO CONFESS JUDGMENT AGAINST TENANT. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST TENANT, TENANT HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND (ON THE ADVICE OF THE SEPARATE COUNSEL OF TENANT, IF TENANT HAS USED COUNSEL IN REGARD TO ENTERING INTO THIS LEASE) UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TENANT HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA.
Appears in 1 contract
Communication Equipment. If Tenant desires to use the roof of the Project Building to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at the time of After Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Tower or Annex for such equipment, then Notice and subject to all governmental laws, rules and regulations, and covenants, conditions and restrictions affecting the Project, Tenant and Tenant’s contractors contractors’ (which shall first be reasonably approved by Landlord) shall have the right and access to install, repair, replace, remove, operate and maintain one up to seven (17) so-called “satellite dishdishes” or other similar device, such as antennae on antennae, with up to four (4) of such satellite dishes (or other similar device such as antennae) to be no greater than two (2) meters in diameter and the existing designated area of the Tower for such equipment and may install such devices remaining satellite dishes (collectively, “Communication Equipment”or other similar devices) on the “Designated Annex Area” on the roof of the Annex, provided each device at either location is to be no greater than one (1) meter in diameterdiameter (collectively, “Communication Equipment”), together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or computer and/or other communication signals, at particular locations a location on the roof of the Tower and/or the Designated Annex Area Building designated by Tenant and reasonably designated approved by Landlord. The “Designated Annex Area” shall be an area In the event that applicable law or ordinance does not permit the installation of at least five hundred (500) square feet designated by Landlord such Communication Equipment on the roof of the AnnexBuilding, provided that such area so designated by Landlord may not be shall use its good faith efforts to designate an alternate location (if any) in more than two (2) separate blocks, and at least one (1) such block shall be not less than ten (10) feet by ten (10) feetthe Project for Tenant’s installation of the same. Landlord shall have the right to require Tenant to relocate DEL MAR GATEWAY [Xxxxxxx Investment Partners, L.P.] the Communication Equipment at any time to another location on the roof of the Tower Building or Annex the Project reasonably approved by Tenant. After Tenant has installed ; provided that any such relocation shall be at Landlord’s cost and shall not materially or adversely impair the utility or operation of such Communication Equipment, Landlord shall not permit any other party to install anything on the roof of the Tower or Annex or anywhere else on the Project that will unreasonably interfere with Equipment by Tenant’s rights under this Article 12. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s roof warranty warranty; provided, however, that if the price charged by Landlord’s designated roofing contractor exceeds that quoted to Tenant from two (2) other reputable, licensed roofing contractors approved by Landlord for the subject work, which quotes shall be provided such contractor by Tenant to Landlord concurrently with Tenant’s Communication Equipment Notice, Landlord shall charge market competitive ratesbe obligated to pay the difference between the lower of the quotes obtained by Tenant and the price charged by Landlord’s designated roofing contractor. Tenant’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
Appears in 1 contract
Samples: Lease (Celladon Corp)
Communication Equipment. Throughout the Extended Term, Tenant may continue to maintain any communication equipment currently installed on the roof of the Building at no charge throughout the Extended Term of the Lease. If Tenant desires to use the roof of the Project Building to install additional communication equipment to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at the time of negotiate with Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Tower or Annex rooftop management company (currently Cypress Communications) for a license to install such equipment. Any communication equipment installed by Tenant shall not exceed three (3) feet in height or diameter, then shall be at a location reasonably designated by Landlord and shall be subject to all governmental laws, rules and regulationsregulations and covenants, conditions and restrictions. At such time as Tenant negotiates for the license to install additional communication equipment, Tenant shall provide Landlord and TenantLandlord’s contractors (which shall first be reasonably approved by Landlord) shall have the right rooftop management company with any plans and access specifications related to install, repair, replace, remove, operate and maintain one (1) so-called “satellite dish” or other similar device, such as antennae on the existing designated area of the Tower for such equipment and may install the installation thereof. Tenant’s communication equipment license will be memorialized pursuant to a separate license agreement between Tenant and Landlord or such devices (collectively, “Communication Equipment”) on the “Designated Annex Area” management company. Tenant’s rights to add equipment pursuant to this Section 12 are contingent upon availability of space on the roof of the AnnexBuilding and the negotiation of a mutually acceptable license agreement. There shall be no charge to Tenant for any such additional rooftop communication equipment. Notwithstanding anything to the contrary contained herein, provided each device at either location the communication equipment permitted by this Section 12 (including the existing equipment) is no greater than one equipment for Tenant’s own use (1e.g. DirectTV and vsats communicating with home offices) meter and uses which are incidental to, but an integral part of, Tenant’s business operations, and is not intended to allow Tenant to install communication equipment which would result in diameterTenant making a profit from such communication equipment, together except to the extent such profit is due to operations which are incidental to, and an integral part of, Tenant’s business operations. In the event Tenant wishes to install communication equipment outside the scope of the immediately preceding sentence, such as Wireless ISP installations, such use would be subject to Landlord’s approval and Tenant’s negotiation of a separate license agreement directly with aesthetic screening designated by the Corporate Communications Director of Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone or other communication signals, at particular locations on the roof of the Tower and/or the Designated Annex Area reasonably designated by Landlord. The “Designated Annex Area” shall would be an area of at least five hundred (500) square feet designated by Landlord on the roof of the Annex, provided that such area so designated by Landlord may not be in more than two (2) separate blocks, and at least one (1) such block shall be not less than ten (10) feet by ten (10) feet. Landlord shall have the right to require Tenant to relocate the Communication Equipment at any time to another location on the roof of the Tower or Annex reasonably approved by Tenant. After Tenant has installed such Communication Equipment, Landlord shall not permit any other party to install anything on the roof of the Tower or Annex or anywhere else on the Project that will unreasonably interfere with Tenant’s rights under this Article 12. Tenant shall retain Landlord’s designated roofing contractor to make any necessary penetrations and associated repairs subject to the roof in order to preserve Landlord’s roof warranty provided parties’ negotiation of a mutually acceptable license agreement for such contractor shall charge market competitive rates. Tenant’s installation and operation of the Communication Equipment shall be governed by the following terms and conditions:use.
Appears in 1 contract
Samples: Lease (Digital Insight Corp)
Communication Equipment. If Tenant desires to use the roof of the Project to install communication equipment to be used from the Premises, Tenant may so notify Landlord in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at the time of Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Tower or Annex for such equipment, then subject Subject to all governmental laws, rules Laws and regulationsCC&R's, Tenant and Tenant’s 's contractors (which shall first be reasonably approved by Landlord) shall have the non-exclusive right and access to install, repair, replace, remove, operate and maintain one (1) so-called “"satellite dish” dish(es)" or other similar devicedevice(s), such as antennae on the existing designated area of the Tower for such equipment and may install such devices (collectively, “Communication Equipment”) on the “Designated Annex Area” on the roof of the Annex, provided each device at either location is no greater than one (1) meter in diameter"COMMUNICATION EQUIPMENT"), together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipment, for the purpose of receiving and sending radio, television, computer, telephone data or other communication signals, at particular locations a location(s) on the roof of the Tower and/or the Designated Annex Area reasonably designated by Landlord. The “Designated Annex Area” shall be an area of at least five hundred (500Building(s) square feet designated by mutually agreeable to Landlord on the roof of the Annexand Tenant, provided that such area so designated by Landlord may not be in more than two (2) separate blocks, and at least one (1) such block shall be not less than ten (10) feet by ten (10) feet. Landlord shall have the right to require Tenant to relocate the Communication Equipment at any time to another location on the roof of the Tower or Annex reasonably approved by Tenant. After Tenant has installed such Communication Equipment, Landlord shall not permit any other party to install anything on the roof of the Tower or Annex or anywhere else on the Project that will unreasonably interfere with Tenant’s rights under this Article 12good faith. Tenant shall retain Landlord’s 's designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s 's roof warranty; provided, however, that if such penetrations and associated repairs to the roof cannot be made in such a manner so as to preserve Landlord's roof warranty, then notwithstanding Article 7 of this Lease, any costs Landlord incurs in connection with maintenance and repair of the roof that would otherwise have been covered by the roof warranty provided such contractor but for Tenant's installation, repair, replacement, removal, operation or maintenance of the Communication Equipment, shall be included in Operating Expenses. Landlord shall not charge market competitive ratesTenant any rental for Tenant's use of the Communication Equipment. Tenant’s 's right to use and operate the Communication Equipment may not be assigned or otherwise transferred to any third party except in connection with an assignment of Tenant's interest in this Lease or a sublease of all or a portion of the Premises, where such assignment or sublease has been reasonably approved by Landlord pursuant to Article 14 above and where such assignee's or subtenant's use of the Communication Equipment is ancillary to its normal business office use of the applicable portion of the Premises. Tenant shall not be entitled to license its Communication Equipment to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Communication Equipment by an unrelated third party. Tenant's installation and operation of the Communication Equipment shall be governed by the following terms and conditions:
Appears in 1 contract
Communication Equipment. If Tenant desires to use the roof of the Project to install communication equipment to be used from the Premises, Tenant may so notify Landlord Strictly in writing (“Communication Equipment Notice”), which Communication Equipment Notice shall generally describe the specifications for the equipment desired by Tenant. If at the time of Landlord’s receipt of the Communication Equipment Notice, Landlord reasonably determines that space is available on the roof of the Tower or Annex for such equipment, then subject to accordance with all governmental laws, rules and regulationsApplicable Regulations, Tenant and Tenant’s 's contractors (which shall who must first be reasonably approved by Landlord) shall may have the right and access to install, repair, replace, remove, operate and maintain one (1) so-called “satellite dish” dishes or other similar devicedevices, such as antennae on the existing designated area of the Tower for such equipment and may install such devices (collectively, “Communication Equipment”) on the “Designated Annex Area” on the roof of the Annex, provided each device at either location is no greater than one (1) meter in diameteror similar devices, together with aesthetic screening designated by Landlord and all cable, wiring, conduits and related equipmentequipment (collectively, "Communication Equipment"), for the non- commercial (i.e., non-revenue generating) purpose of receiving and sending radio, television, computer, telephone or television and other communication signalssignals to and from the Premises in connection with Tenant's use of the Premises, at particular locations on the roof of the Tower and/or the Designated Annex Area a location reasonably designated by Landlord. The “Designated Annex Area” shall be an area of at least five hundred (500) square feet designated approved by Landlord on the roof of the Annex, provided Building. Tenant shall ensure that such area so designated by Landlord may not be in more than two (2) separate blocks, and at least one (1) such block shall be not less than ten (10) feet by ten (10) feet. Landlord shall have the right to require Tenant to relocate the any Communication Equipment at any time to another location on the roof of the Tower or Annex reasonably approved installed by Tenant. After Tenant has installed such Communication Equipment, Landlord shall does not permit any other party to install anything on the roof of the Tower or Annex or anywhere else on the Project that will unreasonably interfere with Tenant’s rights under this Article 12any other equipment installed on the roof. Tenant shall retain Landlord’s 's designated roofing contractor to make any necessary penetrations and associated repairs to the roof in order to preserve Landlord’s 's roof warranty provided such contractor warranty. All plans and specifications for the Communication Equipment are subject to Landlord's prior written approval (which shall charge market competitive rates. Tenant’s installation not be unreasonably withheld, conditioned or delayed) and all costs of installation, operation and maintenance of the Communication Equipment and any necessary related equipment (including costs of obtaining any necessary permits and connections to the applicable Building's electrical system) must be borne by Tenant. Landlord retains the right to use the roof of the Building for any purpose whatsoever, except signage, provided that Landlord does not unduly interfere with Tenant's use of the Communication Equipment. Landlord will have no obligations with respect to the Communication Equipment. Tenant shall remove the Communication Equipment and related equipment at Tenant's sole cost and expense before the expiration or sooner termination of this Lease or upon the imposition of any Applicable Regulation requiring removal, and shall repair any damage to the Building arising from such removal. Tenant may, at no additional charge, use the existing risers of the Building to install its Communications Equipment; provided that Landlord makes no representation regarding the capacity of such risers. If additional capacity is needed, Tenant may provide such additional capacity, subject to Landlord's prior written approval of the methods and manner of providing such additional capacity, which consent may be withheld in Landlord's reasonable discretion. Tenant represents and warrants that the operation of the Communications Equipment will not cause the Building rooftop to violate the maximum permissible exposure rules established by OSHA. At Landlord’s option (to be exercised only if reasonable), Tenant shall (i) pay the cost of a study of the rooftop to ensure that Tenant's Communications Facilities will not cause the rooftop to be in violation of any RF emissions requirements, which study shall be governed performed by a contractor reasonably approved by Landlord, and (ii) take any steps required by any applicable laws to cause the following terms use of the Communications Equipment to comply with such laws, including implementation of an RF safety program. Before expiration of the Term, Tenant shall remove all of its cabling and conditions:Communications Equipment, whether installed as part of the TI Work or otherwise and whether not approved by Landlord, and shall return the Building to the condition it would have been in without the installation or addition of the Communications Equipment or cabling.
Appears in 1 contract
Samples: Lease Agreement
