Common use of Roof Rights Clause in Contracts

Roof Rights. 35.1 Tenant may install, operate and maintain, for its sole use (or that of its subtenants), telecommunications transmission and receiving equipment (including, but not limited to, satellite dishes, antennas, towers, microwave dishes, temporary microwave links, and other trans-receiving equipment) and all necessary or related equipment (including, without limitation, LAN room mechanical equipment units), and supplemental HVAC equipment on the roof of and/or adjacent to the Building (collectively, the “Equipment”), subject to the following terms, conditions and limitations: (a) the Equipment shall be placed in such locations on the roof or Property as is reasonably designated by Landlord; (b) the specifications for the Equipment and the plans for the installation thereof shall be subject to Landlord’s prior written consent (not to be unreasonably withheld, delayed or conditioned, and shall be deemed granted if Landlord fails to disapprove within ten (10) days following Landlord’s receipt of Tenant’s written request); (c) the installation of the Equipment shall, in all events, comply with the provisions of Article IX hereof; (d) Tenant shall be solely responsible for all costs and expenses incurred for the operation, maintenance, repair, replacement and removal of the Equipment, including but not limited to any electricity used by the Equipment, which consumption shall be measured, at Landlord’s option, by the submeter measuring Tenant’s electric consumption within the Premises, or an additional submeter which shall be installed at Tenant’s expense in order to measure such electric consumption; (e) Tenant shall obtain and maintain in full force and effect any approval required by any regulatory body having authority over the installation or operation of the Equipment, and, upon receipt of a written request from Landlord, shall deliver evidence of same to Landlord; (f) Tenant’s installation or operation of the Equipment shall not void any then- existing roof warranty; (g) subject to Section 13.3, Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against all claims, demands, liabilities, causes of action, suits, judgments, damages and expenses (including litigation costs and attorneys’ fees) suffered by or claimed against them, directly or indirectly, based on or arising out of, or in any way relating to, directly or indirectly, in whole or in part, the presence of the Equipment at the Building; (h) Tenant shall not be permitted to access the roof in order to service the Equipment, except on prior notice to, and in the presence of a representative of, Landlord (except in the case of an emergency, in which event Tenant shall be entitled to gain immediate access without prior notice to Landlord, but Tenant shall advise Landlord of such emergency and access as soon as reasonably practical; (i) the Equipment shall be screened from public view; and (j) upon the expiration or earlier termination of this Lease, Tenant shall, at Landlord’s option, remove the Equipment, repair all damage caused thereby, and restore the affected portions of the roof to the condition existing immediately prior to the installation thereof reasonable wear and tear and effects of casualty and condemnation excepted. Tenant shall not be obligated to pay to Landlord any rent, license or use fees with respect to Tenant’s occupancy of the space for the Equipment. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant’s pursuit of any approvals, licenses, or permits associated with the Equipment, which cooperation shall include executing any necessary owner’s consent.

Roof Rights. 35.1 Tenant may install(a) Subject to the provisions of Article 8 of this Lease, operate and maintain, if sufficient space is available (it being understood that space shall not be “available” to the extent Landlord reserves space for its sole use (other tenants or that occupants of its subtenantsthe Building), telecommunications transmission and receiving equipment (includingLandlord shall not unreasonably withhold its consent to the installation by Tenant of one or more communications antennae, but not limited to, microwave or satellite dishes, antennastogether with related equipment, towers, microwave dishes, temporary microwave linksmountings, and other trans-receiving equipment) and all necessary or related equipment supports (includingcollectively, without limitation, LAN room mechanical equipment units“Telecommunications Equipment”), and supplemental HVAC equipment on the roof of and/or adjacent the Building in an area to be identified by Landlord which is practicable for the operation of Telecommunications Equipment. Landlord shall provide Tenant with a reasonable amount of space on the roof of the Building to install Tenant’s Telecommunications Equipment (but in no event shall the aggregate amount of such space exceed at any point in time twenty-five (25) square feet) and a pathway for two (2) two conduits of two (2) inches each from the Premises to the roof of the Building (collectively, the “Equipment”)in connection therewith, subject to the following terms, conditions terms of this Article. Tenant acknowledges and limitations: (a) agrees that any use of the roof space by Tenant for the installation and operation of Tenant’s Telecommunications Equipment shall be placed in such locations on a non-exclusive basis, except as to that portion of the roof space provided by Landlord to Tenant as aforesaid. Tenant may use the roof space and Telecommunications Equipment solely for Tenant’s own use (and not for resale purposes). The height, diameter, design and installation of the satellite dishes or Property as is reasonably designated by Landlord; (b) the specifications for the other Telecommunications Equipment and the plans for the installation thereof shall be subject to Landlord’s prior written consent (approval, which shall not to be unreasonably withheldwithheld or delayed. In connection therewith, delayed or conditionedLandlord shall make available to Tenant reasonable adjacent space for access to the roof space for the construction, installation, maintenance, service, repair, operation and use of Tenant’s Telecommunications Equipment. All work in connection with the installation of Tenant’s Telecommunications Equipment, including core drilling and reinforcing the roof of the Building, if required, shall be performed at Tenant’s sole cost and expense, including the cost of a fire watch and related reasonable, out-of-pocket supervisory costs relating to any core drilling, which shall be performed in such a manner and at such times as Landlord shall reasonably prescribe. References in this Article to the Telecommunications Equipment shall be deemed granted if Landlord fails to disapprove within ten (10) days following Landlord’s receipt of Tenant’s written request); (c) include such riser and the installation of the Equipment shall, in all events, comply with the provisions of Article IX hereof; (d) Tenant shall be solely responsible for all costs electrical and expenses incurred for the operation, maintenance, repair, replacement and removal of the Equipment, including but not limited to any electricity used by the Equipment, which consumption shall be measured, at Landlord’s option, by the submeter measuring Tenant’s electric consumption within the Premises, or an additional submeter which shall be installed at Tenant’s expense in order to measure such electric consumption; (e) Tenant shall obtain and maintain in full force and effect any approval required by any regulatory body having authority over the installation or operation of the Equipment, and, upon receipt of a written request from Landlord, shall deliver evidence of same to Landlord; (f) Tenant’s installation or operation of the Equipment shall not void any then- existing roof warranty; (g) subject telecommunication conduits therein. Subject to Section 13.3, Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against all claims, demands, liabilities, causes of action, suits, judgments, damages and expenses (including litigation costs and attorneys’ fees8.3(d) suffered by or claimed against them, directly or indirectly, based on or arising out of, or in any way relating to, directly or indirectly, in whole or in part, the presence of the Equipment at the Building; (h) Tenant shall not be permitted to access the roof in order to service the Equipment, except on prior notice to, and in the presence of a representative of, Landlord (except in the case of an emergency, in which event Tenant shall be entitled to gain immediate access without prior notice to Landlord, but Tenant shall advise Landlord of such emergency and access as soon as reasonably practical; (i) the Equipment shall be screened from public view; and (j) upon the expiration or earlier termination of this Lease, Tenant shall, at Landlord’s option, remove the Equipment, repair all damage caused thereby, and restore the affected portions of the roof to the condition existing immediately prior to there shall be no charge for the installation thereof reasonable wear and tear and effects use by Tenant of casualty and condemnation excepted. Tenant shall not be obligated to pay to Landlord any rent, license or use fees with respect to Tenant’s occupancy of the space for the Equipment. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant’s pursuit of any approvals, licenses, or permits associated with the Equipment, which cooperation shall include executing any necessary owner’s consentTelecommunications System pursuant hereto.

Roof Rights. 35.1 Provided that Tenant may installis then in occupancy of the Premises, operate then, subject to availability, in accordance with, and subject to, this Section 29.37 (including Tenant's obtaining all requisite permits and compliance with Landlord's reasonable construction rules and conditions as well as Landlord's reasonable approval of the contractors, vendors and materialmen in connection with the same, and confirmation from Landlord and its roofing contractor that such installation (including maintenance, repair, replacement and/or removal thereof) will not invalidate or otherwise adversely affect Landlord's roof warranty), Tenant shall have the exclusive right, at no additional fee (but subject to Landlord's reasonable approval as provided in this Section 29.37), to install and maintain, for its at Tenant's sole use cost and expense, telecommunications antennas, microwave dishes and other communications equipment, including a standard-size DIRECTV dish on the roof of the Building (or that of its subtenantsand reasonable equipment and cabling related thereto), telecommunications for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as the "Telecommunications Equipment") upon the roof of the Building. Landlord makes no representations or warranties whatsoever with respect to the condition of the roof of the Building, or the fitness or suitability of the roof of the Building for the installation, maintenance and receiving equipment (includingoperation of the Telecommunications Equipment, but not limited to, satellite dishes, antennas, towers, microwave dishes, temporary microwave links, and other trans-receiving equipment) and all necessary or related equipment (including, without limitation, LAN room mechanical equipment units), and supplemental HVAC equipment on the roof of and/or adjacent with respect to the Building (collectively, quality and clarity of any receptions and transmissions to or from the “Equipment”), subject to the following terms, conditions and limitations: (a) the Equipment shall be placed in such locations on the roof or Property as is reasonably designated by Landlord; (b) the specifications for the Telecommunications Equipment and the plans for presence of any interference with such signals whether emanating from the installation thereof Building or otherwise. The physical appearance, the size, the design and the weight of the Telecommunications Equipment shall be subject to Landlord’s prior written consent (not to be unreasonably withheld's reasonable approval, delayed or conditioned, and shall be deemed granted if Landlord fails to disapprove within ten (10) days following Landlord’s receipt the location of Tenant’s written request); (c) the any such installation of the Equipment shall, in all events, comply with the provisions of Article IX hereof; (d) Tenant shall be solely responsible for all costs and expenses incurred for the operation, maintenance, repair, replacement and removal of the Equipment, including but not limited to any electricity used by the Equipment, which consumption shall be measured, at Landlord’s option, by the submeter measuring Tenant’s electric consumption within the Premises, or an additional submeter which shall be installed at Tenant’s expense in order to measure such electric consumption; (e) Tenant shall obtain and maintain in full force and effect any approval required by any regulatory body having authority over the installation or operation of the Equipment, and, upon receipt of a written request from Landlord, shall deliver evidence of same to Landlord; (f) Tenant’s installation or operation of the Equipment shall not void any then- existing roof warranty; (g) subject to Section 13.3, Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against all claims, demands, liabilities, causes of action, suits, judgments, damages and expenses (including litigation costs and attorneys’ fees) suffered by or claimed against them, directly or indirectly, based on or arising out of, or in any way relating to, directly or indirectly, in whole or in part, the presence of the Equipment at the Building; (h) Tenant shall not be permitted to access the roof in order to service the Equipment, except on prior notice to, and in the presence of a representative of, Landlord (except in the case of an emergency, in which event Tenant shall be entitled to gain immediate access without prior notice to Landlord, but Tenant shall advise Landlord of such emergency and access as soon as reasonably practical; (i) the Telecommunications Equipment shall be screened from public view; designated by Landlord subject to Tenant's reasonable approval and (j) Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant's sole cost and expense, as reasonably designated by Landlord. Tenant shall maintain such Telecommunications Equipment, at Tenant's sole cost and expense. In the event Tenant elects to 795678.02/WLA376514-00007/1-28-19/ctl/ctl -54- 630 ROSEVILLE PARKWAY[Penumbra, Inc.] exercise its right to install the Telecommunications Equipment, then Tenant shall give Landlord prior notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Telecommunications Equipment. Tenant shall remove such Telecommunications Equipment upon the expiration or earlier termination of this Lease, or, in the event Tenant shallno longer occupies the Premises, at Landlord’s option, remove then upon the Equipment, repair all damage caused therebytermination of Tenant's rights under this Section 29.37, and restore shall return the affected portions portion of the roof rooftop and the Premises to the condition existing immediately prior to the installation thereof rooftop and the Premises would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear excepted). Such Telecommunications Equipment shall be installed pursuant to plans and effects specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditioned, or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of casualty the roof or roof membrane, specifically including any penetrations, in connection with Tenant's installation, use, maintenance and/or repair of such Telecommunications Equipment, and condemnation exceptedLandlord shall have no liability therewith. Such Telecommunications equipment shall, in all instances, comply with Applicable Laws. Tenant shall not be obligated entitled to pay license its Telecommunications Equipment to Landlord any rentunrelated third party, license nor shall Tenant be permitted to receive any revenues, fees or use fees with respect to Tenant’s occupancy of the space any other consideration for the Equipment. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant’s pursuit use of any approvals, licenses, or permits associated with the Equipment, which cooperation shall include executing any necessary owner’s consentsuch Telecommunications Equipment by an unrelated third party.

Roof Rights. 35.1 In accordance with, and subject to, this Section 29.34 (including Tenant's obtaining all requisite permits and compliance with Landlord's reasonable construction rules and conditions as well as Landlord's reasonable approval of the contractors, vendors and materialmen in connection with the same), Tenant may installshall have the right, operate at no additional fee (but subject to Landlord's reasonable approval as provided in this Section 29.34), to install and maintain, for its at Tenant's sole use cost and expense, rooftop chillers, mechanical equipment relating to the conduct of business within the Premises, telecommunications antennas, microwave dishes and other communications equipment, including a reasonable sized dish on the roof of the Building (or that of its subtenantsand reasonable equipment and cabling related thereto), telecommunications for receiving of signals or broadcasts (as opposed to the generation or transmission and receiving of any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment (includingis defined collectively as the "Rooftop Equipment") upon the roof of the Building. Tenant's use of the roof of the Building shall be exclusive, but not limited tofor any equipment relating to the operation or management of the Building and Food and Beverage Space. Landlord makes no representations or warranties whatsoever with respect to the condition of the roof of the Building, satellite dishesor the fitness or suitability of the roof of the Building for the installation, antennasmaintenance and operation of the Rooftop Equipment, towers, microwave dishes, temporary microwave links, and other trans-receiving equipment) and all necessary or related equipment (including, without limitation, LAN room mechanical equipment units), and supplemental HVAC equipment on the roof of and/or adjacent with respect to the Building (collectively, quality and clarity of any receptions and transmissions to or from the “Equipment”), subject to the following terms, conditions and limitations: (a) the Equipment shall be placed in such locations on the roof or Property as is reasonably designated by Landlord; (b) the specifications for the Rooftop Equipment and the plans for presence of any interference with such signals whether emanating from the installation thereof Building or otherwise. The location, physical appearance, the size, the design and the weight of the Rooftop Equipment shall be subject to Landlord’s prior written consent ('s reasonable approval, which approval will not to be unreasonably withheld, delayed or conditioned, and shall be deemed granted if Landlord fails to disapprove within ten (10) days following Landlord’s receipt of Tenant’s written request); (c) the installation of the withheld so long as such Rooftop Equipment shall, in all events, comply with the provisions of Article IX hereof; (d) does not create a Design Problem. Tenant shall be solely responsible for all costs and expenses incurred for the operation, maintenance, repair, replacement and removal of the maintain such Rooftop Equipment, including but not limited at Tenant's sole cost and expense. In the event Tenant elects to any electricity used by exercise its right to install the Rooftop Equipment, which consumption shall be measured, at Landlord’s option, by the submeter measuring Tenant’s electric consumption within the Premises, or an additional submeter which shall be installed at Tenant’s expense in order to measure such electric consumption; (e) then Tenant shall obtain and maintain in full force and effect any approval required by any regulatory body having authority over give Landlord prior notice thereof. If the installation or operation of the Equipment, and, upon receipt of Rooftop Equipment constitutes a written request from Landlord, shall deliver evidence of same to Landlord; (f) Tenant’s installation or operation of the Equipment shall not void any then- existing roof warranty; (g) subject to Section 13.3Specialty Alteration, Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against all claims, demands, liabilities, causes of action, suits, judgments, damages and expenses (including litigation costs and attorneys’ fees) suffered by or claimed against them, directly or indirectly, based on or arising out of, or in any way relating to, directly or indirectly, in whole or in part, the presence of the remove such Rooftop Equipment at the Building; (h) Tenant shall not be permitted to access the roof in order to service the Equipment, except on prior notice to, and in the presence of a representative of, Landlord (except in the case of an emergency, in which event Tenant shall be entitled to gain immediate access without prior notice to Landlord, but Tenant shall advise Landlord of such emergency and access as soon as reasonably practical; (i) the Equipment shall be screened from public view; and (j) upon the expiration or earlier termination of this Lease, Tenant shallor upon the termination of Tenant's rights under this Section 29.34, at Landlord’s option, remove the Equipment, and shall repair all any damage caused thereby, and restore the affected portions of the roof to the condition existing immediately prior to the installation thereof reasonable wear and tear and effects of casualty and condemnation exceptedby such removal. Tenant shall not be obligated entitled to pay license its Rooftop Equipment to Landlord any rentunrelated third party, license nor shall Tenant be permitted to receive any revenues, fees or use fees with respect to Tenant’s occupancy of the space any other consideration for the Equipment. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant’s pursuit use of any approvals, licenses, or permits associated with the Equipment, which cooperation shall include executing any necessary owner’s consentsuch Rooftop Equipment by an unrelated third party.

Roof Rights. 35.1 Throughout the Lease Term, as the same may be extended, subject to Landlord's reasonable approval and the terms of this Section 29.43 (including Tenant's obtaining all requisite permits and compliance with Landlord's reasonable and non-discriminatory construction rules and conditions as well as Landlord's reasonable approval of the contractors, vendors and materialmen in connection with the same), and provided that Tenant may installis then in occupancy of the entire Premises, operate then, subject to availability, Tenant shall have the right, at no additional fee, to install and maintain, for its at Tenant's sole use cost and expense, telecommunications antennas, microwave dishes and other communications equipment, including a reasonable sized dish on the roof of the Building (or that of its subtenantsand reasonable equipment and cabling related thereto), telecommunications for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as the "Telecommunications Equipment") upon the roof of the Building. Landlord makes no representations or warranties whatsoever with respect to the condition of the roof of the Building, or the fitness or suitability of the roof of the Building for the installation, maintenance and receiving equipment (includingoperation of the Telecommunications Equipment, but not limited to, satellite dishes, antennas, towers, microwave dishes, temporary microwave links, and other trans-receiving equipment) and all necessary or related equipment (including, without limitation, LAN room mechanical equipment units), and supplemental HVAC equipment on the roof of and/or adjacent with respect to the quality and clarity of any receptions and transmissions to or from the Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building (collectivelyor otherwise. The physical appearance, the “Equipment”)size, subject to the following terms, conditions design and limitations: (a) the weight of the Telecommunications Equipment shall be placed in subject to Landlord's reasonable approval, the location of any such locations on installation of the roof or Property Telecommunications Equipment shall be designated by Landlord subject to Tenant's reasonable approval and Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant's sole cost and expense, as is reasonably designated by Landlord; (b) provided, however, that in no event shall the specifications for Telecommunications Equipment be visible from the Equipment and the plans for the installation thereof shall be subject to Landlord’s prior written consent (not to be unreasonably withheld, delayed or conditioned, and shall be deemed granted if Landlord fails to disapprove within ten (10) days following Landlord’s receipt of Tenant’s written request); (c) the installation exterior of the Equipment shall, in all events, comply with the provisions of Article IX hereof; (d) Building. Tenant shall be solely responsible for all costs and expenses incurred for the operation, maintenance, repair, replacement and removal of the maintain such Telecommunications Equipment, including but not limited at Tenant's sole cost and expense. In the event Tenant elects to any electricity used by exercise its right to install the Telecommunications Equipment, which consumption shall be measured, at Landlord’s option, by the submeter measuring Tenant’s electric consumption within the Premises, or an additional submeter which shall be installed at Tenant’s expense in order to measure such electric consumption; (e) then Tenant shall obtain and maintain in full force and effect any approval required by any regulatory body having authority over the installation or operation of the Equipment, and, upon receipt of a written request from Landlord, shall deliver evidence of same to Landlord; (f) Tenant’s installation or operation of the Equipment shall not void any then- existing roof warranty; (g) subject to Section 13.3, give Landlord prior notice thereof. Tenant shall indemnify, defend, and hold harmless reimburse to Landlord and Landlord’s agents from and against all claims, demands, liabilities, causes of action, suits, judgments, damages and expenses (including litigation the actual costs and attorneys’ fees) suffered reasonably incurred by or claimed against them, directly or indirectly, based on or arising out of, or Landlord in any way relating to, directly or indirectly, in whole or in part, the presence of the Equipment at the Building; (h) approving such Telecommunications Equipment. Tenant shall not be permitted to access the roof in order to service the Equipment, except on prior notice to, and in the presence of a representative of, Landlord (except in the case of an emergency, in which event Tenant shall be entitled to gain immediate access without prior notice to Landlord, but Tenant shall advise Landlord of remove such emergency and access as soon as reasonably practical; (i) the Telecommunications Equipment shall be screened from public view; and (j) upon the expiration or earlier termination of this Lease, or, in the event Tenant shallno longer occupies the Premises, at Landlord’s option, remove then upon the Equipment, repair all damage caused therebytermination of Tenant's rights under this Section 29.43, and restore shall return the affected portions portion of the roof rooftop and the Premises to the condition existing immediately prior to the installation thereof rooftop and the Premises would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear excepted). Such Telecommunications Equipment shall be installed pursuant to plans and effects specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditioned, or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of casualty the roof or roof membrane, specifically including any penetrations, in connection with Tenant's installation, use, maintenance and/or repair of such Telecommunications Equipment, and condemnation exceptedLandlord shall have no liability therewith. Such Telecommunications equipment shall, in all instances, comply with Applicable Laws. Tenant shall not be obligated entitled to pay license its Telecommunications Equipment to Landlord any rentunrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the use of such Telecommunications Equipment by an unrelated third party. Tenant's right to install such Telecommunication Equipment shall be non-exclusive, and Tenant hereby expressly acknowledges Landlord's continued right (i) to itself utilize any rooftop space, and (ii) to re-sell, license or lease any rooftop space to an unaffiliated third party; provided, however, such Landlord (or third-party) use fees shall not materially interfere with respect to (or preclude the installation of) Tenant’s occupancy of the space for the 's Telecommunications Equipment. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant’s pursuit of any approvals, licenses, or permits associated with the Equipment, which cooperation shall include executing any necessary owner’s consent.[Signatures follow on next page]

Roof Rights. 35.1 Subject to the satisfaction, in Landlord's reasonable judgment, of all of the conditions set forth in this Section, Tenant may installshall have the right to use throughout the Lease Term (including any extensions thereof) a reasonable portion of the roof area, operate at no additional rental cost, to install and maintain, for its at Tenant's sole use expense, reasonable amounts and types of equipment (or that of its subtenantsa) to support Tenant's Telecommunications Services (the "Communications Equipment"), telecommunications transmission and receiving equipment and/or (including, but not limited to, satellite dishes, antennas, towers, microwave dishes, temporary microwave links, and other trans-receiving equipmentb) and all necessary or related equipment (including, without limitation, LAN room mechanical equipment units), and supplemental HVAC equipment ("HVAC Equipment") on the roof roofs of and/or adjacent the Buildings for use in connection with Tenant's business in the Premises. Notwithstanding anything in this Section to the Building (collectivelycontrary, the “Equipment”), subject to the following terms, conditions and limitations: (a) the Equipment shall be placed in such locations on the roof or Property as is reasonably designated by Landlord; (b) the specifications for the Equipment and the plans for the installation thereof shall be subject to Landlord’s prior written consent (not to be unreasonably withheld, delayed or conditioned, and shall be deemed granted if Landlord fails to disapprove within ten (10) days following Landlord’s receipt of Tenant’s written request); (c) the installation of the Equipment shall, in all events, comply with the provisions of Article IX hereof; (d) Tenant shall be solely responsible for all costs and expenses incurred for the operation, maintenance, repair, replacement and removal of the Equipment, including but not limited to any electricity used by the Equipment, which consumption shall be measured, at Landlord’s option, by the submeter measuring Tenant’s electric consumption within the Premises, or an additional submeter which shall be installed at Tenant’s expense in order to measure such electric consumption; (e) Tenant shall obtain and maintain in full force and effect any approval required by any regulatory body having authority over the installation or operation of the Equipment, and, upon receipt of a written request from Landlord, shall deliver evidence of same to Landlord; (f) Tenant’s installation or operation of the Equipment shall not void any then- existing roof warranty; (g) subject to Section 13.3, Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against all claims, demands, liabilities, causes of action, suits, judgments, damages and expenses (including litigation costs and attorneys’ fees) suffered by or claimed against them, directly or indirectly, based on or arising out of, or in any way relating to, directly or indirectly, in whole or in part, the presence of the Equipment at the Building; (h) Tenant shall not be permitted to access install the roof in order to service the Communications Equipment and/or HV AC Equipment, except on prior notice toas applicable, and in the presence of a representative of, Landlord (except in the case of an emergency, in which event Tenant shall be entitled to gain immediate access without prior notice to Landlord, but Tenant shall advise Landlord of such emergency and access as soon as reasonably practical; unless (i) Tenant's Communications Equipment and/or HVAC Equipment, as applicable, shall not interfere with any other satellite dish or antenna of any other current tenant in the Buildings as of the date of this Lease~ (ii) (A) such Communications Equipment conforms to the specifications and requirements set forth in the drawings and specifications prepared by a licensed professional (the "Communications Equipment Drawings"), which Communications Equipment Drawings shall be screened from public view; subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and/or (B) such HV AC Equipment conforms to the specifications and requirements set forth in the drawings and specifications prepared by a licensed professional (jthe "HVAC Equipment Drawings"), which HVAC Equipment Drawings shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, (iii) Landlord approves, which approval shall not be unreasonably conditioned, withheld or delayed, the size, capacity, power, location and proposed placement and method of installation of such Communications Equipment and/or HV AC Equipment, as applicable, an4 (iv) Tenant obtains, at its sole cost and expense, and provides copies to Landlord of all necessary governmental permits and approvals, including, without limitation, special exception permits, if applicable, for the installation of the Communications Equipment and/or HVAC Equipment, as applicable, upon the expiration or earlier termination of this Lease, Tenant shallBuildings. Tenant, at Landlord’s option's discretion, remove shall cause the Communications Equipment and/or HVAC Equipment, repair all damage caused therebyas applicable, and restore to be painted in a nonmetallic paint to match the affected portions of materials on the roof to the condition existing immediately prior to the installation thereof reasonable wear and tear and effects of casualty and condemnation exceptedroof. Tenant In addition, Tenant· shall not be obligated permitted to pay install the Communications Equipment and/or HV AC Equipment, as applicable, unless (I) Tenant contracts with Landlord's roofing contractor to retain the warranties and guaranties for the roofs to the extent that Landlord any rent, license or use fees will lose the warranties and guaranties with respect to Tenant’s occupancy of the space for the Equipment. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant’s pursuit of any approvals, licenses, or permits associated with the Equipment, which cooperation shall include executing any necessary owner’s consent.roofs,

Roof Rights. 35.1 Provided that Tenant may installis then in occupancy of the Premises, operate then, subject to availability, in accordance with, and subject to, this Section 29.38 (including Tenant’s obtaining all requisite permits and compliance with Landlord’s reasonable construction rules and conditions as well as Landlord’s reasonable approval of the contractors, vendors and materialmen in connection with the same, and confirmation from Landlord and its roofing contractor that such installation (including maintenance, repair, replacement and/or removal thereof) will not invalidate or otherwise adversely affect Landlord’s roof warranty), Tenant shall have the exclusive right, at no additional fee (but subject to Landlord’s reasonable approval as provided in this Section 29.38), to install and maintain, for its at Tenant’s sole use cost and expense, telecommunications antennas, microwave dishes and other communications equipment, including a standard-size DIRECTV dish on the roof of the Building (or that of its subtenantsand reasonable equipment and cabling related thereto), telecommunications for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as the “Telecommunications Equipment”) upon the roof of the Building. Landlord makes no representations or warranties whatsoever with respect to the condition of the roof of the Building, or the fitness or suitability of the roof of the Building for the installation, maintenance and receiving equipment (includingoperation of the Telecommunications Equipment, but not limited to, satellite dishes, antennas, towers, microwave dishes, temporary microwave links, and other trans-receiving equipment) and all necessary or related equipment (including, without limitation, LAN room mechanical equipment units), and supplemental HVAC equipment on the roof of and/or adjacent with respect to the Building (collectively, quality and clarity of any receptions and transmissions to or from the “Equipment”), subject to the following terms, conditions and limitations: (a) the Equipment shall be placed in such locations on the roof or Property as is reasonably designated by Landlord; (b) the specifications for the Telecommunications Equipment and the plans for presence of any interference with such signals whether emanating from the installation thereof Building or otherwise. The physical appearance, the size, the design and the weight of the Telecommunications Equipment shall be subject to 35654\12546889.9 06907\011\8493037.v6 Landlord’s prior written consent (not to be unreasonably withheldreasonable approval, delayed or conditioned, and shall be deemed granted if Landlord fails to disapprove within ten (10) days following Landlord’s receipt the location of Tenant’s written request); (c) the any such installation of the Telecommunications Equipment shall, in all events, comply with the provisions of Article IX hereof; (d) Tenant shall be solely responsible for all costs designated by Landlord subject to Tenant’s reasonable approval and expenses incurred for the operation, maintenance, repair, replacement and removal of the Landlord may require Tenant to install screening around such Telecommunications Equipment, including but not limited to any electricity used by the Equipment, which consumption shall be measured, at Landlord’s option, by the submeter measuring Tenant’s electric consumption within the Premises, or an additional submeter which shall be installed at Tenant’s expense sole cost and expense, as designated by Landlord in order to measure such electric consumption; (e) Landlord’s sole discretion. Tenant shall obtain and maintain in full force and effect any approval required by any regulatory body having authority over the installation or operation of the such Telecommunications Equipment, and, upon receipt of a written request from Landlord, shall deliver evidence of same to Landlord; (f) at Tenant’s installation or operation of sole cost and expense. In the Equipment shall not void any then- existing roof warranty; (g) subject event Tenant elects to Section 13.3exercise its right to install the Telecommunications Equipment, then Tenant shall indemnify, defend, and hold harmless give Landlord and Landlord’s agents from and against all claims, demands, liabilities, causes of action, suits, judgments, damages and expenses (including litigation costs and attorneys’ fees) suffered by or claimed against them, directly or indirectly, based on or arising out of, or in any way relating to, directly or indirectly, in whole or in part, the presence of the Equipment at the Building; (h) prior notice thereof. Tenant shall not be permitted reimburse to access Landlord the roof actual costs reasonably incurred by Landlord in order to service the approving such Telecommunications Equipment, except on prior notice to, and in the presence of a representative of, Landlord (except in the case of an emergency, in which event . Tenant shall be entitled to gain immediate access without prior notice to Landlord, but Tenant shall advise Landlord of remove such emergency and access as soon as reasonably practical; (i) the Telecommunications Equipment shall be screened from public view; and (j) upon the expiration or earlier termination of this Lease, or, in the event Tenant shallno longer occupies the Premises, at Landlordthen upon the termination of Tenant’s option, remove the Equipment, repair all damage caused therebyrights under this Section 29.38, and restore shall return the affected portions portion of the roof rooftop and the Premises to the condition existing immediately prior to the installation thereof rooftop and the Premises would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear excepted). Such Telecommunications Equipment shall be installed pursuant to plans and effects specifications approved by Landlord (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditioned, or delayed. Notwithstanding any such review or approval by Landlord, Tenant shall remain solely liable for any damage to any portion of casualty the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment, and condemnation exceptedLandlord shall have no liability therewith. Such Telecommunications equipment shall, in all instances, comply with Applicable Laws and the Declaration. Tenant shall not be obligated entitled to pay license its Telecommunications Equipment to Landlord any rentunrelated third party, license nor shall Tenant be permitted to receive any revenues, fees or use fees with respect to Tenant’s occupancy of the space any other consideration for the Equipment. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant’s pursuit use of any approvals, licenses, or permits associated with the Equipment, which cooperation shall include executing any necessary owner’s consentsuch Telecommunications Equipment by an unrelated third party.