Common use of Communications and Computer Lines Clause in Contracts

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located in or serving the Premises (a) Tenant shall obtain Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed), use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and comply with all of the provisions contained in Article 6 of this Lease, (b) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined by Landlord in Landlord’s reasonable discretion, (c) the Telecom Cable (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removal, and (0 Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition. Upon the expiration or sooner termination of the Term, Tenant, at its sole cost and expense, shall remove (and repair any damage caused by removal) all Telecom Cable installed by Tenant.

Appears in 2 contracts

Samples: Lease (LendingClub Corp), Lease (LendingClub Corp)

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Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires and cables (collectively, the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located “Lines”) at the Project in or serving the Premises Premises, provided that (ai) Tenant shall obtain Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed)consent, use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in Article 6 of Articles 7 and 8 of this Lease, (bii) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProject, as determined by Landlord in Landlord’s reasonable discretionopinion, (ciii) the Telecom Cable Lines therefor (including riser cables) shall be (x) appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be (y) surrounded by a protective conduit reasonably acceptable to Landlord, (div) any new or existing Telecom Cable Lines servicing the Premises shall comply with all applicable Lawsgovernmental laws and regulations, (ev) as a condition to permitting the installation of new Telecom CableLines, Landlord may require that Tenant shall remove existing Telecom Cable Lines located in or serving the Premises and repair any damage in connection with such removal, and (0 vi) Tenant shall pay all costs in connection therewith. Upon the expiration of the Lease Term, or immediately following any earlier termination of this Lease, Tenant shall, at Tenant’s sole cost and expense, remove all Lines installed by Tenant, and repair any damage caused by such removal. In the event that Tenant fails to complete such removal and/or fails to repair any damage caused by the removal of any Lines, Landlord may do so and may charge the cost thereof to Tenant. In addition, Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time (1) are in violation of any Laws Applicable Laws, (2) are inconsistent with then-existing industry standards (such as the standards promulgated by the National Fire Protection Association (e.g., such organization’s “2002 National Electrical Code”)), or (3) otherwise represent a dangerous or potentially dangerous condition. Upon the expiration or sooner termination of the Term, Tenant, at its sole cost and expense, shall remove (and repair any damage caused by removal) all Telecom Cable installed by Tenant.

Appears in 2 contracts

Samples: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)

Communications and Computer Lines. Except for telecommunications 26.01 Tenant may, in a manner consistent with the provisions and data wiresrequirements of this Lease, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (collectively the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located "Lines") at the Building in or serving the Premises Premises, provided: (a) Tenant shall obtain Landlord’s 's prior written consent, which consent (which shall not may be unreasonably withheld, conditioned or delayed), use an experienced and qualified contractor approved in writing as required by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and comply with all of the provisions contained in Article 6 of this LeaseLandlord, (b) if such Telecom Cable includes use Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of available wire pairs ordinary twisted pair riser cable or other media that are part of cause radiation higher than normal background radiation, the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined by Landlord in Landlord’s reasonable discretion, (c) the Telecom Cable therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (dc) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removal, and (0 Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable located in or serving the Premises Lines which are installed in violation of these provisions. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or which are at (z) any time in violation of any Laws shortages, failures, variations, interruptions, disconnections, loss or represent a dangerous or potentially dangerous condition. Upon the expiration or sooner termination of the Term, Tenant, at its sole cost and expense, shall remove (and repair any damage caused by removal) all Telecom Cable installed the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 2 contracts

Samples: Acceptance Letter     Office Lease (Treaty Oak Bancorp Inc), Acceptance Letter     Office Lease (Treaty Oak Bancorp Inc)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires and cables (collectively, the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located “Lines”) at the Project in or serving the Premises Premises, provided that (ai) Tenant shall obtain Landlord’s prior written consent, which consent (which shall not be unreasonably withheld, conditioned or delayed), use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in Article 6 of Articles 7 and 8 of this Lease, (bii) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProject, as determined by Landlord in Landlord’s reasonable discretionopinion, (ciii) the Telecom Cable Lines therefor (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (div) any new or existing Telecom Cable Lines servicing the Premises shall comply with all applicable Lawsgovernmental laws and regulations, (ev) as a condition to permitting the installation of new Telecom CableLines, Landlord may require that Tenant remove existing Telecom Cable Lines located in or serving the Premises and repair any damage in connection with such removal, (vi) Tenant shall remove all Lines installed by or on behalf of Tenant, and repair any damage in connection with such removal, upon the expiration or earlier termination of this Lease (and if Tenant fails to complete such removal and/or to repair any damage caused by the removal of such Lines, Landlord may do so and Tenant shall reimburse Landlord for the cost thereof, as an obligation which shall expressly survive termination of this Lease), and (0 vii) Tenant shall pay all costs in connection therewith, including any fees charged by Landlord for Tenant’s use of the Building’s telecommunications capacity in excess of Tenant’s pro rata share thereof. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws laws or represent a dangerous or potentially dangerous condition. Upon the expiration or sooner termination of the Term, Tenant, at its sole cost and expense, shall remove (and repair any damage caused by removal) all Telecom Cable installed by Tenant.

Appears in 2 contracts

Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires and cables (collectively, the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located “Lines”) at the Project in or serving the Premises Premises, provided that (a) Tenant shall obtain Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed)consent, use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in Article 6 of this Lease, (b) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProject, as determined by Landlord in Landlord’s reasonable discretionopinion, (c) the Telecom Cable Lines therefor (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable Lines servicing the Premises shall comply with all applicable LawsGovernmental Requirements, (e) as a condition to permitting the installation of new Telecom CableLines, Landlord may require that Tenant remove existing Telecom Cable Lines located in or serving the Premises and repair any damage in connection with such removal, and (0 f) Tenant shall pay all costs in connection therewithwith the foregoing. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws Governmental Requirements or represent a dangerous or potentially dangerous condition. Upon In addition, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon expiration or sooner termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed pursuant to this Section shall, at Landlord’s option, become the Termproperty of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Section, Landlord may, after ten (10) days’ written notice to Tenant, remove such Lines or remedy such other violation, at its sole cost and expense, shall remove Tenant’s expense (and repair any damage caused by removal) all Telecom Cable installed by Tenantwithout limiting Landlord’s other remedies available under this Lease or Governmental Requirements).

Appears in 2 contracts

Samples: Lease (Nextg Networks Inc), Tenant Improvement Agreement (PortalPlayer, Inc.)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (collectively the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located "Lines") at the Property in or serving the Premises Premises, provided: (a) Tenant shall obtain Landlord’s 's prior written consent (which shall not be unreasonably withheld, conditioned or delayed)consent, use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in of Article 6 of this Lease8, (b) if any such Telecom Cable includes installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of available wire pairs or other media that are part of any then existing Lines at the Building Systems or otherwise owned or controlled by the Building Property, (“Lines”), c) an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProperty, as determined by Landlord in Landlord’s 's reasonable discretionopinion, (cd) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the Telecom Cable normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom CableLines, Landlord may require that Tenant remove existing Telecom Cable Lines located in or serving the Premises and repair Promises, (f) Tenants rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (0 g) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in In violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Upon Landlord may (but shall not have the expiration obligation to): (1) install new Lines at the Property (11) create additional space for Lines at the Property, and (111) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or sooner hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may Include those costs and all other costs in operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable finance charges) over the period of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article 13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Promises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the Termproperty of Landlord (without payment by Landlord). If Tenant falls to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at its sole cost Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law), Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and expenseany such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall remove have no liability or damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from the following collectively called "Line Problems"): (and repair x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any .Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by removal) all Telecom Cable installed the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relive Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Agreement (Corechange Inc)

Communications and Computer Lines. Except for telecommunications and data Tenant may install communications or computer wires, cables, fiber optics or other media cables and related electronic signal transmission devices (collectively, collectively the Telecom CableLines”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside in the Premises, provided such installation complies with the provisions of Article 9 of this Lease and in connection such Lines do not interfere with any installation, maintenance, replacement, removal or the use of Telecom Cable located in or serving any then-existing Lines at the Premises (a) Project. Tenant shall obtain Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed), use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and comply contract with all of the provisions contained in Article 6 of this Lease, (b) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by Communications Provider for any Lines it requires in the Building (“Lines”), risers. The Lines for any equipment that may create an acceptable number electromagnetic field exceeding the normal insulation ratings of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined by Landlord in Landlord’s reasonable discretion, (c) the Telecom Cable (including ordinary twisted pair riser cables) cable or cause radiation higher than normal background radiation shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and . Tenant’s rights under this Article 25 shall be surrounded by a protective conduit reasonably acceptable subject to Landlord, (d) the rights of any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removal, and (0 regulated telephone company. Tenant shall pay all costs in connection therewithwith Tenant’s Lines. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws Requirements or represent a dangerous or potentially dangerous condition. Upon Landlord or the expiration Building Communications Provider may (but shall not have the obligation to) install new Lines at the Project, and reasonably allocate any Lines installed at the Project by Landlord or sooner termination of the Term, Communications Provider. Landlord or the Communications Provider may charge Tenant for the costs attributable to lines installed for Tenant, at or Landlord may include those costs and all other costs in Operating Expenses (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts) to the extent not an Excluded Expense. Tenant shall not grant to any third party a security interest or lien in or on the Lines without the prior written consent of Landlord in each instance and any such security interest or lien granted without Landlord’s written consent shall be null and void. Except to the extent arising from its sole cost gross negligence or willful misconduct a Landlord Party, Landlord shall not be liable of Losses arising from, and expenseLandlord does not warrant that the Tenant’s use of any Lines will be free from the following line problems: (x) any eavesdropping or wire-tapping by unauthorized parties, shall remove (and repair y) any failure of any Lines to satisfy Tenant’s requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by removalthe installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Project, by any failure of the environmental conditions or the power supply for the Project to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any such line problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant’s obligations under this Lease. The Building will contain a multi-carrier in-Building distributed antenna system (“DAS”) for the benefit of all Telecom Cable tenants. Tenant is responsible for maintaining the integrity of the DAS in the Premises. The system includes antennas installed below, through, and/or above the ceiling, connected by Tenantcoaxial cable, splitters, and other components which are housed in blue-colored conduit (except in areas with open-ceiling designs) and junction boxes. Prior to commencement of any Tenant Improvements or demolition Tenant shall submit proposed floor plans to the operator of the DAS for radio frequency (RF) engineering review. Tenant is responsible for any changes, additions, or repairs needed to maintain the integrity of the DAS as a result of the demolition or Tenant Improvements. Only the operator of the DAS is authorized to relocate, add to, remove, or otherwise modify any portion of the DAS. This paragraph applies to any Tenant Improvements. Tenant shall not contract with another person for the provision of enhanced cellular service within the Premises or the Project. Xxxxxxxx has contracted with ExteNet Systems, Inc. (the “Building Communications Provider” to be the exclusive provider of the communications backbone and DAS for the Project. The Building Communications Provider will install fiber and other cables from the from the communications points of entry into the Building to a “meet me room” and from the meet me room to the communications closets on each floor of the Building and other telecommunications equipment to permit communications providers to provide telecommunications services to the tenants of the Building. Tenant shall not be permitted to install its own fiber and other telecommunications cables in the Building outside the Premises except for connection to the telecommunications closet on the floor containing the Premises. Tenant shall contract with the Building Communications Provider for its telecommunications requirements. Landlord may change the identity of the Building Communications Provider from time to time.

Appears in 1 contract

Samples: Office Lease (Sezzle Inc.)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”a) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (including, without limitation, junction boxes, connectors, conduits, inner ducts, or other supportive or protective materials or equipment) (collectively the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located “Lines”) at the Building and/or on the Land in or serving the Premises Premises, provided: (ai) Tenant shall obtain Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed), and use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in Article 6 of this LeaseXxxxxxxxx 00, (bxx) if any such Telecom Cable includes installation, maintenance, replacement, removal or use shall comply with all laws applicable thereto and good work practices, and shall not interfere with the use of available wire pairs or other media that are part of any then existing Lines at the Building Systems or otherwise owned or controlled by the Building Building, (“Lines”), iii) an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined by Landlord in Landlord’s reasonable discretionopinion, (civ) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the Telecom Cable normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable shall comply with all applicable Laws, (ev) as a condition to permitting the installation of new Telecom CableLines, Landlord may require that Tenant remove existing Telecom Cable Lines located in or serving the Premises and repair Premises, (vi) Tenant’s rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (0 vii) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition. Upon the expiration or sooner termination of the Term, Tenant, at its sole cost and expense, shall remove condition (and repair any damage caused by removal) all Telecom Cable whether such Lines were installed by Tenant or any other party), within three (3) days after notice. The installation of any Lines used to provide telecommunications services to the Premises shall not be a “Transfer” pursuant to Paragraph 14 hereof. At Tenant’s request, Landlord shall permit Yipes to provide communications services to Tenant in the Building without access charge.

Appears in 1 contract

Samples: Lease Agreement (JMP Group Inc.)

Communications and Computer Lines. Except for A. Tenant shall not alter, modify, add to or disturb any telecommunications wiring or cabling not exclusively located within the Premise or elsewhere in the Building without Landlord's prior written consent. Landlord shall provide and data wiresmaintain, cablesat no expense to Tenant (other than as an item of Direct Expenses), fiber optics telephone riser space in the Building core adequate to accommodate the telecommunications needs of a general office tenant and lines and conduit in Building risers or other media (collectively, “Telecom Cable”) required to obtain service pathways that provide a continuous connection of intrabuilding telecommunications? cabling from a Telecommunications Provider approved by Landlorddistribution frame located in an access controlled area on the floor of the Premises (the "IDF") to the main telecommunications demarcation point located in the ground or basement level floors of the Building (the "MPOE"); provided, however, Landlord shall have no obligation (and Tenant shall have no right) to increase the capacity of the existing telecommunications riser and distribution facilities and/or cabling in the Building. By its acceptance of possession of the Premises, Tenant may shall be deemed to have agreed that the existing number and type of lines serving the Premises is adequate for Tenant's occupancy. The number and type of lines presently allocated to Tenant at the IDF shall not install, maintain, replace, remove be increased or use any Telecom Cable outside added to without the prior written consent of Landlord. Any and all telecommunications equipment and cabling serving Tenant and the Premises and connecting to or from the IDF shall be located solely in the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located in or serving the Premises (a) Tenant shall obtain Landlord’s only be permitted to access the IDF, with the prior written consent of Landlord and for purposes of confirming interconnection with the Building's riser facilities. Only Landlord and/or Landlord's approved installers are authorized to install and/or connect additional telecom lines (which shall not be unreasonably withheldincluding, conditioned or delayed)voice, use an experienced data, video, cable and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)other) from the MPOE and/or the IDF to the Premises, and comply with such work shall be at Tenant's expense. Tenant shall maintain and repair all telecommunications cabling and wiring within or exclusively serving the Premises. Tenant shall be liable to Landlord for any damage to the telecommunications cabling and wiring in the Building due to the act (negligent or otherwise) of Tenant or any employee, agent or contractor of Tenant. Tenant hereby waives any claim against Landlord for any damages if Tenant's telecommunications services and/or equipment are in any way interrupted, damaged or otherwise interfered with, except to the provisions contained extent caused by the gross negligence or willful or criminal misconduct of Landlord, its agents or employees; provided that in Article 6 no event shall any such interruption, damage or interference entitle Tenant to any consequential damages (including damages for loss of business) or relieve Tenant of any of its obligations under this Lease, (b) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined by Landlord in Landlord’s reasonable discretion, (c) the Telecom Cable (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removal, and (0 Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable located 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 Landlord reserves the right to charge TSPs for the use of Landlord's telecommunications riser system and infrastructure; provided, however, in or serving the Premises which are installed in violation of these provisionsall cases, or which are Landlord will provide Building and riser access to at any time in violation of any Laws or represent a dangerous or potentially dangerous condition. Upon the expiration or sooner termination least one TSP for dial tone telecommunications service to tenants of the Term, Tenant, at its sole cost and expense, shall remove (and repair any damage caused by removal) all Telecom Cable installed by TenantBuilding.

Appears in 1 contract

Samples: Shell Building Office Lease (Bf Enterprises Inc)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires and cables (collectively, the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located "Lines") at the Project in or serving the Premises Premises, provided that (a) Tenant shall obtain Landlord’s 's prior written consent (which shall not be unreasonably withheld, conditioned or delayed)consent, use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in Article 6 of this Lease, (b) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProject, as determined by Landlord in Landlord’s 's reasonable discretionopinion, (c) the Telecom Cable Lines therefor (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable Lines servicing the Premises shall comply with all applicable LawsGovernmental Requirements, and (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removal, and (0 Tenant shall pay all costs in connection therewithwith the foregoing. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws Governmental Requirements or represent a dangerous or potentially dangerous condition. Upon Tenant shall remove any or all Lines installed by or for Tenant within or serving the Premises upon expiration or sooner termination of the Termthis Lease. If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Section, Landlord may, after ten (10) days' written notice to Tenant, remove such Lines or remedy such other violation, at its sole cost and expense, shall remove Tenant’s expense (and repair any damage caused by removal) all Telecom Cable installed by Tenantwithout limiting Landlord’s other remedies available under this Lease or Governmental Requirements).

Appears in 1 contract

Samples: Lease (Trimble Navigation LTD /Ca/)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (collectively the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located “Lines”) at the Property in or serving the Premises Premises, provided: (a) Tenant shall obtain Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed)consent, use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in of Article 6 of this Lease8, (b) if any such Telecom Cable includes installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of available wire pairs or other media that are part of any then existing Lines at the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined by Landlord in Landlord’s reasonable discretionProperty, (c) Tenant shall not use a number of spare Lines disproportionate to the Telecom Cable Tenant’s Prorata Share of space in the Building, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition Tenant’s rights shall be subject to permitting the installation rights of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removalregulated telephone company, and (0 f) Tenant shall pay all reasonable costs in connection therewith. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the Property but shall provide reasonable access to such risers, which may be through a riser management company. Landlord reserves the right to require that Tenant remedy and subsequently remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisionsprovisions if Tenant is unable to remedy such defects, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous conditioncondition (if such Lines were installed by Tenant or any other party) at the discretion of Tenant, within three (3) days after written notice. Upon Landlord may (but shall not have the obligation to): (i) install new Lines at the Property (ii) create additional space for Lines at the Property, and (iii) reasonably direct, monitor and/or supervise, through a riser management company, if Landlord so elects, the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall not monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, riser management fees, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable finance charges) over the period of time prescribed by Article 25. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant’s use of any Lines will be free from the following (collectively called “Line Problems”): (x) any eavesdropping or wire-tapping by unauthorized parties not controlled by Landlord, (y) any failure of any Lines to satisfy Tenant’s requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. The provisions of this Article shall survive the expiration or sooner earlier termination of the Term, Tenant, at its sole cost and expense, shall remove (and repair any damage caused by removal) all Telecom Cable installed by Tenantthis Lease.

Appears in 1 contract

Samples: Office Lease (Huron Consulting Group Inc.)

Communications and Computer Lines. Except for telecommunications 26.01 Tenant may, in a manner consistent with the provisions and data wiresrequirements of this Lease, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (collectively the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located “Lines”) at the Building in or serving the Premises Premises, provided: (a) Tenant shall obtain Landlord’s prior written consent, which consent (which shall not may be unreasonably withheld, conditioned or delayed), use an experienced and qualified contractor approved in writing as required by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and comply with all of the provisions contained in Article 6 of this LeaseLandlord, (b) if such Telecom Cable includes use Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of available wire pairs ordinary twisted pair riser cable or other media that are part of cause radiation higher than normal background radiation, the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined by Landlord in Landlord’s reasonable discretion, (c) the Telecom Cable therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (dc) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removal, and (0 Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable located in or serving the Premises Lines which are installed in violation of these provisions. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord’s written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant’s use of any Lines will be free from, the following (collectively called “Line Problems”): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant’s requirements, or which are at (z) any time in violation of any Laws shortages, failures, variations, interruptions, disconnections, loss or represent a dangerous or potentially dangerous condition. Upon the expiration or sooner termination of the Term, Tenant, at its sole cost and expense, shall remove (and repair any damage caused by removal) all Telecom Cable installed the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Office Lease (Treaty Oak Bancorp Inc)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (collectively the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located "Lines") at the Property in or serving the Premises Premises, provided: (a) Tenant shall obtain Landlord’s 's prior written consent (which shall not be unreasonably withheld, conditioned or delayed)consent, use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in of Article 6 of this Lease7, (b) if any such Telecom Cable includes installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of available wire pairs or other media that are part of any then existing Lines at the Building Systems or otherwise owned or controlled by the Building Property, (“Lines”), c) an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProperty, as determined by Landlord in Landlord’s 's reasonable discretionopinion, (cd) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the Telecom Cable normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom CableLines, Landlord may require that Tenant remove existing Telecom Cable Lines located in or serving the Premises and repair any damage in connection with such removalPremises, and (0 f) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) business days after written notice. Upon Landlord may (but shall not have the expiration obligation to): (i) install new Lines at the Property (ii) create additional space for Lines at the Property, and (iii) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or sooner hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or 20 22 otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 24 (including without limitation, costs for acquiring, and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable finance charges) over the period of time prescribed by Article 24. Tenant hereby reserves the right to remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Notwithstanding anything, to the Termcontrary contained in Article 12, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Tenant shall have a reasonable period of time to complete such removal. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties other than by Landlord, its sole cost and expenseagents or employees, shall remove (and repair y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by removal) the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. Landlord shall be responsible for repairing all Telecom Cable installed Line Problems caused by TenantLandlord, its agents, employees, invitees or contractors, and Landlord shall use its best efforts to cause any third party causing such Line Problems to promptly repair such Line Problems.

Appears in 1 contract

Samples: Lease Agreement (Infocure Corp)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required Subject to obtain service from a Telecommunications Provider approved by LandlordTenant’s rights in Section 1.1, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (collectively the “Lines”) at the Real Property in or serving the Premises, provided: (i) Tenant shall obtain Landlord’s prior written consent for the installation of the same, use an experienced and qualified contractor reasonably approved in connection writing by Landlord, and comply with all of the other provisions of Article 8 above; (ii) any such installation, maintenance, replacement, removal or use of Telecom Cable located in or serving the Premises (a) Tenant shall obtain Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed), use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and comply with all of Laws applicable thereto and good work practices, and shall not interfere with the provisions contained in Article 6 of this Lease, (b) if such Telecom Cable includes use of available wire pairs or other media that are part of any then existing Lines at the Building Systems or otherwise owned or controlled by the Building Real Property; (“Lines”), iii) an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingReal Property, as determined by Landlord in Landlord’s reasonable discretionopinion; (iv) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, (c) the Telecom Cable Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and ; (v) Tenant’s rights shall be surrounded by a protective conduit reasonably acceptable subject to Landlord, (d) the rights of any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removal, regulated telephone company; and (0 vi) Tenant shall pay all costs in connection therewiththerewith as to its Lines. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the Real Property. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Upon the expiration or sooner termination of the Term, Tenant, at its At Landlord’s sole cost and expense, and in no event shall Tenant’s Lines be reduced, Landlord may (but shall not have the obligation to): (A) install new Lines at the Real Property; (B) create additional space for Lines at the Real Property; and (C) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Real Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. Tenant shall have no obligation to remove any Lines installed by or for Tenant within or serving the Premises upon termination of this Lease unless Tenant exercises its right to terminate the Lease under Rider No. 4, or if Landlord terminates the Lease due to a Tenant Event of Default, in which case Tenant shall, at Tenant’s sole cost and expense, remove such Lines upon the expiration or earlier termination of the Lease. Any Lines not required to be removed pursuant to this Article 28 shall, at Landlord’s option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required in accordance with the immediately preceding sentence,, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease or applicable Laws). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and repair any such security interest or lien granted without Landlord’s written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant’s use of any Lines will be free from the following (collectively called “Line Problems”): (1) any eavesdropping or wire-tapping by unauthorized parties, (2) any failure of any Lines to satisfy Tenant’s requirements, or (3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by removal) all Telecom Cable installed the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Real Property, by any failure of the environmental conditions or the power supply for the Real Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. The provisions of this Article 28 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Retail Lease (KBS Real Estate Investment Trust II, Inc.)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (collectively the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located "Lines") at the Property in or serving the Premises Premises, provided: (a) Tenant shall obtain Landlord’s 's prior written consent (which shall not be unreasonably withheld, conditioned or delayed)consent, use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in of Article 6 of this Lease, 8; (b) if any such Telecom Cable includes installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices and shall not interfere with the use of available wire pairs or other media that are part of any then existing Lines at the Building Systems or otherwise owned or controlled by the Building Property; (“Lines”), c) an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProperty, as determined by Landlord in Landlord’s 's reasonable discretionopinion; (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, (c) the Telecom Cable Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable shall comply with all applicable Laws, ; (e) as a condition to permitting the installation of new Telecom CableLines, Landlord may require that Tenant remove existing Telecom Cable Lines located in or serving the Premises and repair Premises; (f) Tenant's rights shall be subject to the rights of any damage in connection with such removal, regulated telephone company; and (0 g) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or which represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party) within three (3) days after written notice. Upon Landlord may (but shall not have the expiration obligation to): (a) install new Lines at the Property; (b) create additional space for Lines at the Property; and (c) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or sooner hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant or may include those costs and all other costs in Operating Expenses under Article 25 (including, without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable finance charges) over the period of time prescribed in Article 25. Notwithstanding anything to the contrary contained in Article 13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the Termproperty of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation at its sole cost Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and expenseany such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall remove have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, the following (and repair collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by removal) all Telecom Cable installed the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, caused by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, caused by any other problems associated with any Lines, or resulting from any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Office Lease (Millers Mutual Fire Insurance Co)

Communications and Computer Lines. Except for telecommunications Tenant may, in a manner consistent with the provisions and data wiresrequirements of this Lease, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cable and related devices (collectively the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located "Lines") at the Building in or serving the Premises Promises, provided: (aA) Tenant shall obtain Landlord’s 's prior written consent, which consent (which shall not may be unreasonably withheld, reasonably conditioned or delayed), use an experienced and qualified contractor approved in writing as required by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and comply with all of the provisions contained in Article 6 of this LeaseLandlord, (bB) if such Telecom Cable includes use Tenant at any time uses any equipment that may create an electromagnetic field exceeding th normal insulation ratings of available wire pairs ordinary twisted pair riser cable or other media that are part of cause radiation higher than normal background radiation, the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined by Landlord in Landlord’s reasonable discretion, (c) the Telecom Cable therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (dC) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removal, and (0 Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable located in or serving the Premises Lines which are installed in violation of these provisions. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, and (ii) create additional space for Lines at the Property, and adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from the following (collectively called "Line Problems"): (a) any eavesdropping or wire-tapping by unauthorized parties, (b) any failure of any Lines to satisfy Tenant's requirements, or which are at (c) any time in violation of any Laws shortages, failures, variations, interruptions, disconnections, loss or represent a dangerous or potentially dangerous condition. Upon the expiration or sooner termination of the Term, Tenant, at its sole cost and expense, shall remove (and repair any damage caused by removal) all Telecom Cable installed the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Office Lease (Chemconnect Inc)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (collectively the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located "Lines") at the Property in or serving the Premises Premises, provided: (a) Tenant shall obtain Landlord’s 's prior written consent (which shall not be unreasonably withheld, conditioned or delayed)consent, use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in of Article 6 of this Lease, 8. (b) if any such Telecom Cable includes installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of available wire pairs or other media that are part of any then existing Lines at the Building Systems or otherwise owned or controlled by the Building Property, (“Lines”), c) an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProperty, as determined by Landlord in Landlord’s 's reasonable discretionopinion, (cd) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the Telecom Cable normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom CableLines, Landlord may require that Tenant remove existing Telecom Cable Lines located in or serving the Premises and repair Premises, (f) Tenant's rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (0 g) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Upon Landlord may (but shall not have the expiration obligation to): (i) install new Lines at the Property (ii) create additional space for Lines at the Property, and (iii) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or sooner hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable finance charges) over the period of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article 13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the Termproperty of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at its sole cost Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and expenseany such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees Landlord shall have no liability for damages arising from, shall remove and Landlord does not warrant that the Tenant's use of any Lines will be free from the following (and repair collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by removal) all Telecom Cable installed the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Agreement (Industrial Training Corp)

Communications and Computer Lines. Except for telecommunications Tenant shall, in accordance with the terms and data wiresconditions hereof, cables, fiber optics or other media (collectively, “Telecom Cable”) required have the right to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside electronic, fiber, phone and data cabling and communications or computer wires (collectively, the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located “Lines”) at the Project in or serving the Premises Premises, provided that (ai) Tenant shall obtain Landlord’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed), use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in of Article 6 7 and Article 8 of this Lease, (bii) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProject, as reasonably determined by Landlord in Landlord’s reasonable discretion, (ciii) the Telecom Cable Lines therefor (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (div) any new or existing Telecom Cable Lines servicing the Premises shall comply with all applicable Applicable Laws, (ev) as Tenant shall prior to the expiration of this Lease, at Tenant’s expense and in compliance with the National Electric Code and other Applicable Laws, remove all Lines; provided, however, Tenant shall not remove such Lines if Tenant receives a condition written notice from Landlord at least fifteen (15) days prior to permitting the installation expiration of new Telecom Cablethe Lease authorizing such Lines to remain in place, Landlord may require that Tenant remove existing Telecom Cable located in or serving which event the Lines shall be surrendered with the Premises and repair any damage in connection with such removalupon the expiration or earlier termination of this Lease, and (0 vi) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Applicable Laws or represent a dangerous or potentially dangerous condition. Upon Landlord further reserves the right to require that Tenant remove any and all lines located in or serving the Premises upon the expiration or sooner earlier termination of this Lease. In the Termevent that Tenant desires access to the Building risers in connection with the exercise of its rights pursuant to this paragraph, Tenant, at its sole cost and expense, then Tenant shall remove (and repair any damage caused by removal) all Telecom Cable installed by Tenantbe required to utilize the services of Landlord’s designated Building riser management company.

Appears in 1 contract

Samples: Office Lease (Forrester Research, Inc.)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required Subject to obtain service from a Telecommunications Provider approved by LandlordTenant’s rights in Section 1.1, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (collectively the “Lines”) at the Real Property in or serving the Premises, provided: (i) Tenant shall obtain Landlord’s prior written consent for the installation of the same, use an experienced and qualified contractor reasonably approved in connection writing by Landlord, and comply with all of the other provisions of Article 8 above; (ii) any such installation, maintenance, replacement, removal or use of Telecom Cable located in or serving the Premises (a) Tenant shall obtain Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed), use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and comply with all of Laws applicable thereto and good work practices, and shall not interfere with the provisions contained in Article 6 of this Lease, (b) if such Telecom Cable includes use of available wire pairs or other media that are part of any then existing Lines at the Building Systems or otherwise owned or controlled by the Building Real Property; (“Lines”), iii) an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingReal Property, as determined by Landlord in Landlord’s reasonable discretionopinion; (iv) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, (c) the Telecom Cable Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and ; (v) Tenant’s rights shall be surrounded by a protective conduit reasonably acceptable subject to Landlord, (d) the rights of any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removal, regulated telephone company; and (0 vi) Tenant shall pay all costs in connection therewiththerewith as to its Lines. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the Real Property. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Upon the expiration or sooner termination of the Term, Tenant, at its At Landlord’s sole cost and expense, and in no event shall Tenant’s Lines be reduced, Landlord may (but shall not have the obligation to): (A) install new Lines at the Real Property; (B) create additional space for Lines at the Real Property; and (C) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Real Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. Tenant shall have no obligation to remove any Lines installed by or for Tenant within or serving the Premises upon termination of this Lease unless Tenant exercises its right to terminate the Lease under Rider No. 5, to reduce the size of the Premises under Rider No. 4 attached hereto, or if Landlord terminates the Lease due to a Tenant Event of Default, in which case Tenant shall, at Tenant’s sole cost and expense, remove such Lines upon the expiration or earlier termination of the Lease. Any Lines not required to be removed pursuant to this Article 28 shall, at Landlord’s option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required in accordance with the immediately preceding sentence, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease or applicable Laws). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and repair any such security interest or lien granted without Landlord’s written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant’s use of any Lines will be free from the following (collectively called “Line Problems”): (1) any eavesdropping or wire-tapping by unauthorized parties, (2) any failure of any Lines to satisfy Tenant’s requirements, or (3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by removal) all Telecom Cable installed the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Real Property, by any failure of the environmental conditions or the power supply for the Real Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. The provisions of this Article 28 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectivelyAs used herein, “Telecom Cable”Lines” means all communications or computer wires and cables serving the Premises installed by or on behalf of Tenant after the mutual execution and delivery of this Lease. All Lines shall be (a) installed in accordance with Section 6 and (b) clearly marked with adhesive plastic labels (or plastic tags attached to such Lines with wire) to show Tenant’s name, suite number, and the purpose of such Lines (i) every 6 feet outside the Premises (including the electrical room risers and any Common Areas), and (ii) at their termination points. Sufficient spare cables and space for additional cables shall be maintained for other occupants, as reasonably determined by Landlord. Unless otherwise notified by Landlord at least 60 days before the expiration or earlier termination hereof (provided, however, that if this Lease is terminated by Landlord based upon a Default, then such notification may be given at any time not later than ten (10) business days after the notice of termination), Tenant, at its expense and not later than the expiration or earlier termination hereof, shall remove all Lines and repair any resulting damage; provided, however, that Tenant shall not be required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside the Premises, and Lines in connection with a termination of this Lease that occurs by reason of a Casualty or a Taking. Without limiting Section 2.2, and subject to the Rules and Regulations and Sections 6.2, 6.3 and this 22, Tenant, without charge by Landlord of any access or entry fee to Tenant or its telecom provider, may use, in common with other occupants of the Building, and for the installation, maintenance, replacement, use and removal or use of Telecom Cable Lines, such raceways and risers located in or serving the Common Areas of the Building as Landlord reasonably designates for the placement of Lines linking the Premises (a) Tenant shall obtain to any point of entry to the Building that is used, with Landlord’s prior written consent (which shall not be unreasonably withheldreasonable consent, conditioned or delayed), use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and comply with all of the provisions contained in Article 6 of this Lease, (b) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of telecommunications provider retained by Tenant to provide telecommunications to the Building, as determined by Landlord in Landlord’s reasonable discretion, (c) the Telecom Cable (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removal, and (0 Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition. Upon the expiration or sooner termination of the Term, Tenant, at its sole cost and expense, shall remove (and repair any damage caused by removal) all Telecom Cable installed by TenantPremises.

Appears in 1 contract

Samples: Office Lease (Magnite, Inc.)

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Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (collectively the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located "Lines") at the Property in or serving the Premises Premises, provided: (a) Tenant shall obtain Landlord’s 's prior written consent (which shall not be unreasonably withheld, conditioned or delayed)consent, use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in of Article 6 of this Lease8, (b) if any such Telecom Cable includes installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of available wire pairs or other media that are part of any then existing Lines at the Building Systems or otherwise owned or controlled by the Building Property, (“Lines”), c) an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProperty, as determined by Landlord in Landlord’s 's reasonable discretionopinion, (cd) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the Telecom Cable normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom CableLines, Landlord may require that Tenant remove existing Telecom Cable Lines located in or serving the Premises and repair Premises, (f) Tenant's rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (0 g) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Upon Landlord may (but shall not have the expiration obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property, and (iii) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re- allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or sooner hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable finance charges) over the period of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article 13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the Termproperty of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at its sole cost Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and expenseany such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall remove have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from the following (and repair collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by removal) all Telecom Cable installed the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Office Lease (Interactive Flight Technologies Inc)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, ----------------------------------- replace, remove or use any Telecom Cable outside communications or computer wires and cables (collectively, the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located "Lines") at the Project in or serving the Premises Premises, provided ----- that (a) Tenant shall obtain Landlord’s 's prior written consent (which shall not be unreasonably withheld, conditioned or delayed)consent, use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in Article 6 of this Lease, (b) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined by Landlord in Landlord’s reasonable discretion, (c) the Telecom Cable therefor (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (dc) any new or existing Telecom Cable Lines servicing the Premises shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removalGovernmental Requirements, and (0 d) Tenant shall pay all costs in connection therewithwith the foregoing. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws Governmental Requirements or represent a dangerous or potentially dangerous condition. Upon In addition, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon expiration or sooner termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed pursuant to this Section shall, at Landlord's option, become the Termproperty of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Section, Landlord may, after ten (10) days' written notice to Tenant, remove such Lines or remedy such other violation, at its sole cost and expense, shall remove Tenant's expense (and repair any damage caused by removal) all Telecom Cable installed by Tenantwithout limiting Landlord's other remedies available under this Lease or Governmental Requirements).

Appears in 1 contract

Samples: Confirmation Agreement (Ydi Wireless Inc)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (collectively the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located "LINES") at the Property in or serving the Premises Premises, provided: (a) Tenant shall obtain Landlord’s 's prior written consent (which shall not be unreasonably withheld, conditioned or delayed)consent, use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in of Article 6 of this Lease8, (b) if any such Telecom Cable includes installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of available wire pairs or other media that are part of any then existing Lines at the Building Systems or otherwise owned or controlled by the Building Property, (“Lines”), c) an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProperty, as determined by Landlord in Landlord’s 's reasonable discretionopinion, (cd) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the Telecom Cable normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition Tenant's rights shall be subject to permitting the installation rights of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removalregulated telephone company, and (0 f) Tenant shall pay all costs in connection therewith. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the Property. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within ten (10) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property (ii) create additional space for Lines at the Property, and (iii) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the, allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable finance charges) over the period of time prescribed by Article 25. Upon the expiration or sooner termination of this Lease, any Lines owned by Tenant and not removed by Tenant shall, at Landlord's option, become the Termproperty of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at its sole cost Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and expenseany such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents, contractors or employees, Landlord shall remove have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from the following (and repair collectively called "LINE PROBLEMS"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by removal) all Telecom Cable installed the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Office Lease (Participate Com Inc)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (collectively the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located “Lines”) at the Project in or serving the Premises Premises, provided: (ai) Tenant shall obtain Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed)consent, use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in of Article 6 of this Lease8 above; (ii) any such installation, (b) if such Telecom Cable includes maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of available wire pairs or other media that are part of any then existing Lines at the Building Systems or otherwise owned or controlled by the Building Project; (“Lines”), iii) an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProject, as determined by Landlord in Landlord’s reasonable discretionopinion; (iv) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, (c) the Telecom Cable Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and ; (v) Tenant’s rights shall be surrounded by a protective conduit reasonably acceptable subject to Landlord, (d) the rights of any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removal, regulated telephone company; and (0 vi) Tenant shall pay all costs in connection therewith. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the Project. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Upon Landlord may (but shall not have the obligation to): (A) install new Lines at the Project; (B) create additional space for Lines at the Project; and (C) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Project by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 4 above (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (including interest on the unamortized cost) over the period of time prescribed by Article 4 above. Notwithstanding anything to the contrary contained in Article 15 above, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to such termination. Any Lines not required to be removed pursuant to this Article 28 shall, at Landlord’s option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article 28, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease or applicable Laws). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and any such security interest or lien granted without Landlord’s written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant’s use of any Lines will be free from the following (collectively called “Line Problems”): (1) any eavesdropping or wire-tapping by unauthorized parties, (2) any failure of any Lines to satisfy Tenant’s requirements, or (3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Project, by any failure of the environmental conditions or the power supply for the Project to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. The provisions of this Article 28 shall survive the expiration or sooner earlier termination of the Term, Tenant, at its sole cost and expense, shall remove (and repair any damage caused by removal) all Telecom Cable installed by Tenantthis Lease.

Appears in 1 contract

Samples: Office Lease (NovaBay Pharmaceuticals, Inc.)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires and cables (collectively, the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located “Lines”) at the Project in or serving the Premises Premises, provided that (ai) Tenant shall obtain Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed), use Landlord’s designated contractor for provision of cabling and riser management services (or, if Landlord does not have a designated contractor, then an experienced and qualified contractor reasonably approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayedLandlord), and comply with all of the other provisions contained in Article 6 of Articles 7 and 8 of this Lease, (bii) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProject, as determined by Landlord in Landlord’s reasonable discretionopinion, (ciii) the Telecom Cable Lines therefor (including riser cables) shall be (x) appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be (y) surrounded by a protective conduit reasonably acceptable to Landlord, and (dz) identified in accordance with the “Identification Requirements,” as that term is set forth hereinbelow, (iv) any new or existing Telecom Cable Lines servicing the Premises shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises governmental laws and repair any damage in connection with such removalregulations, and (0 v) Tenant shall pay all costs in connection therewith. All Lines shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Lines with wire) to show Tenant’s name, suite number, telephone number and the name of the person to contact in the case of an emergency (A) every four feet (4’) outside the Premises (specifically including, but not limited to, the electrical room risers and other Common Areas), and (B) at the Lines’ xxxxxxxxxxx xxxxx(x) (xxxxxxxxxxxx, the “Identification Requirements”). Upon the expiration of the Lease Term, or immediately following any earlier termination of this Lease, Tenant shall (unless Landlord provides prior written notice to Tenant to the contrary), at Tenant’s sole cost and expense, remove all Lines installed by Tenant, and repair any damage caused by such removal; provided that, if this Lease terminates on the originally scheduled Lease Expiration Date (specifically excluding any extensions or renewals thereof), then Tenant shall have no obligation to remove any Lines installed by Tenant to the extent that such Lines will be usable by the subsequent tenant of the Premises (as determined in Landlord’s reasonable discretion). In the event that Tenant fails to complete such removal and/or fails to repair any damage caused by the removal of any Lines, Landlord may do so and may charge the cost thereof to Tenant. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time (1) are in violation of any Laws Applicable Laws, (2) are inconsistent with then-existing industry standards (such as the standards promulgated by the National Fire Protection Association (e.g., such organization’s “2002 National Electrical Code”)), or (3) otherwise represent a dangerous or potentially dangerous condition. Upon the expiration or sooner termination of the Term, Tenant, at its sole cost and expense, shall remove (and repair any damage caused by removal) all Telecom Cable installed by Tenant.

Appears in 1 contract

Samples: Office Lease (Versartis, Inc.)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (collectively the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located "Lines") at the Property in or serving the Premises Premises, provided: (a) Tenant shall obtain Landlord’s 's prior written consent (which shall not be unreasonably withheld, conditioned or delayed)consent, use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in of Article 6 of this Lease8, (b) if any such Telecom Cable includes installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of available wire pairs or other media that are part of any then existing Lines at the Building Systems or otherwise owned or controlled by the Building Property, (“Lines”), c) an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProperty, as determined by Landlord in Landlord’s 's reasonable discretionopinion, (cd) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the Telecom Cable normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom CableLines, Landlord may require that Tenant remove existing Telecom Cable Lines located in or serving the Premises and repair Premises, (f) Tenant's rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (0 g) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that the Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Upon Landlord may (but shall not have the expiration obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property, and (iii) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic reallocation of available space (if any) for, and the allocation of excess capacity (if any) on, any -------- --------- Tenant Landlord Lines now or sooner hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable finance charges) over the period of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article 13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the Termproperty of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at its sole cost Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and expenseany such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall remove have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, the following (and repair collectively called "Line Problems"): (x) any eavesdropping or wire tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirement, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by removal) all Telecom Cable installed the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Office Lease (Unison Software Inc)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside electronic, fiber, phone and data cabling and communications or computer wires (collectively, the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located "Lines") at the Project in or serving the Premises Premises, provided that (ai) Tenant shall obtain Landlord’s 's prior written consent (which shall not be unreasonably withheld, conditioned or delayed)consent, use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in of Article 6 7 and Article 8 of this Lease, (bii) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProject, as determined by Landlord in Landlord’s 's reasonable discretionopinion, (ciii) the Telecom Cable Lines therefor (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (div) any new Lines installed by or existing Telecom Cable on behalf of Tenant servicing the Premises shall comply with all applicable Applicable Laws, (ev) as Tenant shall prior to the expiration of this Lease, at Tenant's expense and in compliance with the National Electric Code and other Applicable Laws, remove all Lines; provided, however, Tenant shall not remove such Lines if Tenant receives a condition written notice from Landlord at least thirty (30) days prior to permitting the installation expiration of new Telecom Cablethe Lease authorizing such Lines to remain in place, Landlord may require that Tenant remove existing Telecom Cable located in or serving which event the Lines shall be surrendered with the Premises and repair any damage in connection with such removalupon the expiration or earlier termination of this Lease, and (0 vi) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed by or on S:\PFG\Castlight Health Lease\Lease_RV11.docx: 5/6/15 behalf of Tenant in violation of these provisions, or which are at any time in violation of any Applicable Laws or represent a dangerous or potentially dangerous condition. Upon The parties hereto acknowledge and agree that prior to the expiration applicable Early Entry Date, Landlord shall remove, or sooner termination cause to be removed all Lines currently located within the Premises, other than the Suite 200 portion of the TermPremises, Tenant, at its sole cost which Lines shall remain in place and expense, shall remove (and repair any damage caused by removal) all Telecom Cable installed used by Tenant.

Appears in 1 contract

Samples: Office Lease (Castlight Health, Inc.)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside the Premises, communications or computer wires and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located in or cables serving the Premises (acollectively, the “Lines”), provided that (i) Tenant shall obtain Landlord’s prior written consent (which shall consent, not to be unreasonably withheld, conditioned or delayed), use an experienced and qualified contractor approved in writing by Landlord (which approval shall Landlord, not to be unreasonably withheld, conditioned or delayed), and comply with all of the other provisions contained in Article 6 of Articles 7 and 8 of this Lease, (bii) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProject, as determined by Landlord in Landlord’s reasonable discretionopinion, (ciii) the Telecom Cable Lines therefor (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, and shall be identified in accordance with the “Identification Requirements,” as that term is set forth hereinbelow, (div) any new or existing Telecom Cable Lines servicing the Premises shall comply with all applicable Lawsgovernmental laws and regulations, (ev) as a condition to permitting the installation of new Telecom CableLines, Landlord may require that Tenant remove existing Telecom Cable Lines located in or serving the Premises and repair any damage in connection with such removal, and (0 vi) Tenant shall pay all costs in connection therewith. All Lines shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Lines with wire) to show Tenant’s name, suite number, telephone number and the name of the person to contact in the case of an emergency (A) outside the Premises (specifically including, but not limited to, the electrical room risers and other Common Areas), and (B) at the Lines’ termination point(s) (collectively, the “Identification Requirements”). Unless otherwise instructed by Landlord reserves (by notice to Tenant), Tenant shall, at Tenant’s sole cost and expense, prior to the right to require that Tenant expiration or earlier termination of this Lease, remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition. Upon the expiration or sooner termination of the Term, Tenant, at its sole cost and expense, shall remove (and repair any damage caused by removal) all Telecom Cable installed by Tenantresulting damage).

Appears in 1 contract

Samples: Office Lease (Arthrocare Corp)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required Notwithstanding anything contained herein to obtain service from a Telecommunications Provider approved by Landlordthe contrary, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (collectively the "Lines") at the Property in or serving the Premises, provided: (a) Tenant shall obtain Landlord's prior written consent, and in connection use an experienced and qualified contractor approved by Landlord, such approval not to be unreasonably withheld, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use of Telecom Cable located in or serving the Premises (a) Tenant shall obtain Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed), use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the provisions contained in Article 6 of this LeaseProperty, (bc) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProperty, as determined by Landlord in Landlord’s 's reasonable discretionopinion, (cd) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the Telecom Cable normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom CableLines, Landlord may require that Tenant remove existing Telecom Cable Lines located in or serving the Premises and repair Premises, (f) Tenant's rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (0 g) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Upon Landlord may (but shall not have the expiration obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property, and (iii) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or sooner termination hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the Term, costs attributable to Tenant, at its sole cost or may include those costs and expenseall other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall remove be amortized (and repair any damage caused together with reasonable finance charges) over the period of time prescribed by removal) all Telecom Cable installed by TenantArticle 25.

Appears in 1 contract

Samples: Office Lease (Bluestar Communications Group Inc)

Communications and Computer Lines. Except for A. Tenant shall not alter, modify, add to or disturb any telecommunications wiring or cabling not exclusively located within the Premise or elsewhere in the Building without Landlord’s prior written consent. Landlord shall provide and data wiresmaintain, cablesat no expense to Tenant (other than as an item of Direct Expenses), fiber optics telephone riser space in the Building core adequate to accommodate the telecommunications needs of a general office tenant and lines and conduit in Building risers or other media pathways that provide a continuous connection of intrabuilding telecommunications cabling from a distribution frame located in an access controlled area on the floor of the Premises (collectively, the Telecom CableIDF”) required to obtain service from a Telecommunications Provider approved by Landlordthe main telecommunications demarcation point located in the ground or basement level floors of the Building (the “MPOE”); provided, however, Landlord shall have no obligation (and Tenant shall have no right) to increase the capacity of the existing telecommunications riser and distribution facilities and/or cabling in the Building. By its acceptance of possession of the Premises, Tenant may shall be deemed to have agreed that the existing number and type of lines serving the Premises is adequate for Tenant’s occupancy. The number and type of lines presently allocated to Tenant at the IDF shall not install, maintain, replace, remove be increased or use any Telecom Cable outside added to without the prior written consent of Landlord. Any and all telecommunications equipment and cabling serving Tenant and the Premises and connecting to or from the IDF shall be located solely in the Premises, and in connection Tenant shall only be permitted to access the IDF, with any installationthe Prior written consent of Landlord and for purposes of confirming interconnection with the Building’s riser facilities. Only Landlord and/or Landlord’s approved installers are authorized to install and/or connect additional telecom lines (including, maintenancevoice, replacementdata, removal video, cable and other) from the MPOE and/or the IDF to the Premises, and such work shall be at Tenant’s expense. Tenant shall maintain and repair all telecommunication cabling and wiring within or use of Telecom Cable located in or exclusively serving the Premises (a) Premises. Tenant shall obtain be liable to Landlord for any damage to the telecommunications cabling and wiring in the Building due to the act (negligent or otherwise) of Tenant or any employee, agent or contractor of Tenant. Tenant hereby waives any claim against Landlord for any damages if Tenant’s telecommunications services and/or equipment are in any way interrupted, damaged or otherwise interfered with, except to the extent caused by the gross negligence or willful or criminal misconduct of Landlord’s prior written consent , its agents or employees; provided that in no event shall any such interruption, damage or interference entitle Tenant to any consequential damages (which shall not be unreasonably withheld, conditioned including damages for loss of business) or delayed), use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and comply with all relieve Tenant of the provisions contained in Article 6 any of its obligations under this Lease, (b) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined by Landlord in Landlord’s reasonable discretion, (c) the Telecom Cable (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removal, and (0 Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable located 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 Landlord reserves the right to charge TSPs for the use of Landlord’s telecommunications riser system and infrastructure; provided, however, in or serving the Premises which are installed in violation of these provisionsall cases, or which are Landlord will provide Building and riser access to at any time in violation of any Laws or represent a dangerous or potentially dangerous condition. Upon the expiration or sooner termination least one TSP for dial tone telecommunications service to tenants of the Term, Tenant, at its sole cost and expense, shall remove (and repair any damage caused by removal) all Telecom Cable installed by TenantBuilding.

Appears in 1 contract

Samples: Shell Building Office Lease (XOOM Corp)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (collectively the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located "Lines") at the Property in or serving the Premises Premises, provided: (a) Tenant shall obtain Landlord’s 's prior written consent (which shall not be unreasonably withheld, conditioned or delayed)consent, use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in of Article 6 of this Lease8, (b) if any such Telecom Cable includes installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of available wire pairs or other media that are part of any then existing Lines at the Building Systems or otherwise owned or controlled by the Building Property, (“Lines”), c) an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the BuildingProperty, as determined by Landlord in Landlord’s 's reasonable discretionopinion, (cd) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the Telecom Cable normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (d) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom CableLines, Landlord may require that Tenant remove existing Telecom Cable Lines located in or serving the Premises and repair Premises, (f) Tenant's rights shall be subject to the rights of any damage in connection with such removalregulated telephone company, and (0 g) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous conditioncondition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Upon Landlord may (but shall not have the expiration obligation to): (i) install new Lines at the Property (ii) create additional space for Lines at the Property, and (iii) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or sooner hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable finance charges) over the period of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article 13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the Termproperty of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at its sole cost Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and expenseany such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall remove have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from the following (and repair collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by removal) all Telecom Cable installed the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.

Appears in 1 contract

Samples: Agreement (National Financial Partners Corp)

Communications and Computer Lines. Except for telecommunications and data wires, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires and cables (collectively, the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located “Lines”) at the Project in or serving the Premises Premises, provided that (a) Tenant shall obtain Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed)consent, use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, and comply with all of the other provisions contained in Article 6 of this Lease, (b) if such Telecom Cable includes use of available wire pairs or other media that are part of the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined by Landlord in Landlord’s reasonable discretion, (c) the Telecom Cable therefor (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (dc) any new or existing Telecom Cable Lines servicing the Premises shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removalGovernmental Requirements, and (0 d) Tenant shall pay all costs in connection therewithwith the foregoing. Landlord reserves the right to require that Tenant remove any Telecom Cable Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws Governmental Requirements or represent a dangerous or potentially dangerous condition. Upon In addition, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon expiration or sooner termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed pursuant to this Section shall, at Landlord’s option, become the Termproperty of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Section, Landlord may, after ten (10) days’ written notice to Tenant, remove such Lines or remedy such other violation, at its sole cost and expense, shall remove Tenant’s expense (and repair any damage caused by removal) all Telecom Cable installed by Tenantwithout limiting Landlord’s other remedies available under this Lease or Governmental Requirements).

Appears in 1 contract

Samples: Lease Termination Agreement (Proxim Corp)

Communications and Computer Lines. Except for telecommunications 27.01 Tenant may, in a manner consistent with the provisions and data wiresrequirements of this Lease, cables, fiber optics or other media (collectively, “Telecom Cable”) required to obtain service from a Telecommunications Provider approved by Landlord, Tenant may not install, maintain, replace, remove or use any Telecom Cable outside communications or computer wires, cables and related devices (collectively the Premises, and in connection with any installation, maintenance, replacement, removal or use of Telecom Cable located "Lines") at the Building in or serving the Premises Premises; provided: (a) Tenant shall obtain Landlord’s 's prior written consent, which consent (which shall not may reasonably be unreasonably withheld, conditioned or delayed), use an experienced and qualified contractor approved in writing as required by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and comply with all of the provisions contained in Article 6 of this LeaseLandlord, (b) if such Telecom Cable includes use Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of available wire pairs ordinary twisted pair riser cable or other media that are part of cause radiation higher than normal background radiation, the Building Systems or otherwise owned or controlled by the Building (“Lines”), an acceptable number of spare available Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined by Landlord in Landlord’s reasonable discretion, (c) the Telecom Cable therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (dc) any new or existing Telecom Cable shall comply with all applicable Laws, (e) as a condition to permitting the installation of new Telecom Cable, Landlord may require that Tenant remove existing Telecom Cable located in or serving the Premises and repair any damage in connection with such removal, and (0 Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Telecom Cable located in or serving the Premises Lines which are installed in violation of these provisions. Landlord may (but shall not have the obligation to): (i) install new Lines at the property, and (ii) create additional space for Lines at the property, and adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees. Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or which are at (z) any time in violation of any Laws shortages, failures, variations, interruptions, disconnections, loss or represent a dangerous or potentially dangerous condition. Upon the expiration or sooner termination of the Term, Tenant, at its sole cost and expense, shall remove (and repair any damage caused by removal) all Telecom Cable installed the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant., render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. -41-

Appears in 1 contract

Samples: Letter Agreement (Apertus Technologies Inc)

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