Common use of Roof Rights Clause in Contracts

Roof Rights. Provided that Tenant complies with terms of this Section 26.14, during the Term and any extensions thereof, Landlord agrees to allow Tenant to place and maintain, at Tenant’s risk and expense, antennae, and non-penetrating satellite dishes, voice, fiber optic, video, data, and internet and other telecommunications communications equipment, including all required equipment, infrastructure, conduits, chase ways and connectivity required to operate them (the “Telecom Equipment”), on the rooftop of the Building at a location approved by Landlord. That portion of the rooftop of the Building made available by Landlord for equipment of tenants of the Project shall be for the exclusive use of Tenant save and except in the event Tenant ceases to occupy 100% of the Building, in which event: (a) Tenant shall retain the exclusive right and entitlement to the use of that portion of the rooftop area over the laboratory areas on the first floor of the Premises; (b) Tenant shall also retain the exclusive right and entitlement of the areas where it maintains its equipment together with a proportionate share of that portion of the remaining area of the roof of the Building made available by Landlord for equipment of tenants of the Project (e.g. if Tenant occupies 50% of the rentable area of the Building, then it shall be entitled to the exclusive use of that portion of 50% of the available area made available by Landlord for equipment of tenants of the Project of the roof); (c) Landlord shall only permit installations on the roof by third parties if they do not damage or materially interfere with Tenant’s business, security or equipment at the Premises; (d) Landlord covenants and agrees not to permit the use of any space on the roof by any Primary Competitor without Tenant’s prior written consent; and (e) Tenant shall be entitled to screen/fence off its Telecom Equipment, at its expense, subject to Landlord’s approval which cannot be unreasonably withheld, conditioned or delayed. Tenant acknowledges and agrees that Landlord may take into account aesthetics to ensure that such screen/fence does not visibly or physically detract from the façade of the Building and surrounding business park. The installation of Tenant’s Telecom Equipment shall be subject to Tenant providing Landlord with detailed designs and specifications, all necessary consents, approvals, permits or registrations, including architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time, required for the installation, maintenance, use or operation of the Telecom Equipment and Landlord, and its consultants and engineers, approving and reviewing said designs and specifications, which approval shall not be unreasonably withheld. Notwithstanding anything to the contrary contained herein, Landlord may withhold its consent to the installation of the Telecom Equipment if such installation would require any penetration of the Building’s roof. If the Telecom Equipment uses any electricity, Tenant shall pay for the cost to purchase and install electrical submeter equipment and wiring, and thereafter Tenant shall pay to Landlord the monthly electrical submeter charges throughout the Term. Landlord’s approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with sound architectural guidelines and/or engineering practices or will comply with all applicable Laws; such compliance shall be the sole responsibility of Tenant. All third-party costs of Landlord relating to such approval and review are to be borne by Tenant. Tenant shall install the Telecom Equipment in accordance with the detailed designs and specifications submitted and approved by Landlord per the above and shall take such necessary measures to ensure that it does not interfere with any equipment, installation, dish and/or antennae and/or other communication system on or near the Building then in existence at the time of installation. Upon expiry or termination of this Lease, Tenant shall be responsible for all costs for the removal of the Telecom Equipment, repairing any damage incurred to the roof of the Building as a result of its access, installation and removal of the Telecom Equipment, and restoring the roof to the condition in which it were prior to the installation of the Telecom Equipment, subject to reasonable wear and tear. Tenant shall, at its own expense, maintain and insure the Telecom Equipment during the Term and any extensions thereof. Tenant shall operate and maintain the Telecom Equipment and the screening therefor in good repair and condition, in accordance with all Laws, all manufacturer’s suggested maintenance programs, and the approved plans and specifications therefor, all at Tenant’s sole cost and expense. In addition to Tenant’s other obligations hereunder, Tenant, at its own cost and expense, shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing the Telecom Equipment and associated equipment within or serving the Premises. The service contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and an executed copy of such contract (which may be redacted to remove any confidential information unrelated to the scope of work covered thereby) must be provided to Landlord. All work relating to the Telecom Equipment shall, at Tenant’s expense, be coordinated with Landlord’s roofing contractor so as not to affect any warranty for the Building’s roof. Tenant may not relocate any of the Telecom Equipment without the prior written consent of Landlord. Tenant agrees that, upon at least 30 days’ prior written notice to Tenant from Landlord that Landlord requires Tenant to relocate any Telecom Equipment (which notice may be given at any time and from time to time during the Term), Tenant shall relocate such Telecom Equipment (as requested by Landlord) from the then existing location to any substitute location reasonably designated by Landlord on the Building. Tenant shall complete such relocation prior to the expiration of such 30-day period and upon the expiration of such 30-day period Tenant shall have no further right to use or occupy the prior location until the completion of such roof repair or replacement, at which time Landlord may notify Tenant to relocate back to the original location and Tenant will perform such relocation as soon as reasonably practicable after such notice. In the event Landlord exercises its right to cause Tenant to relocate all or a portion of the Telecom Equipment pursuant this Section 26.14, Landlord shall use its commercially reasonable efforts to minimize any disruption to Tenant’s operations as a result thereof. Tenant shall repair all damage to the Building caused by the installation, maintenance or removal of the Telecom Equipment at any such prior rooftop locations. Any and all costs and expenses associated with the relocation of any such Telecom Equipment and related restoration work in order to accommodate the repair, replacement or maintenance of the roof or other area of the Building, or equipment associated with any of the foregoing, shall be paid by Tenant within 30 days following Landlord’s request therefor. Otherwise, any such relocation and related restoration shall be at Landlord’s cost and expense. Tenant and Tenant Parties shall have access to the rooftop of the Building at all times during the Term, at Tenant’s sole risk. For all purposes under this Lease, the Telecom Equipment shall be deemed to be included within the definition of Tenant’s Off-Premises Equipment. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE TELECOM EQUIPMENT, AND TENANT HEREBY RELEASES LANDLORD FROM ANY AND ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS). Tenant may only use the Telecom Equipment in connection with Tenant’s business. Tenant shall not allow any third party to use such equipment, whether by sublease, license, occupancy agreement or otherwise, except in connection with Permitted Transfers and any other Transfers approved by Landlord. So long as Tenant is the sole occupant of the Building, Landlord covenants and agrees that it shall not undertake, install or consent to or permit to be installed on the roof the Building any solar, wind or other similar apparatus, billboard, signage or other installation save and except with the consent of Tenant.

Roof Rights. Provided that Tenant complies with terms of this Section 26.14, during the Term and any extensions thereof, Landlord agrees to allow Tenant to place and maintain, at Tenant’s risk and expense, antennae, and non-penetrating satellite dishes, voice, fiber optic, video, data, and internet and other telecommunications communications equipment, including all required equipment, infrastructure, conduits, chase ways and connectivity required to operate them (the “Telecom Equipment”), on the rooftop of the Building at a location approved by Landlord. That portion of the rooftop of the Building made available by Landlord for equipment of tenants of the Project shall be for the exclusive use of Tenant save and except in the event Tenant ceases to occupy 100% of the Building, in which event: (a) Tenant shall retain have a license, which is revocable only in accordance with the exclusive right provisions of this Section 10.9 and entitlement upon the Expiration Date (at no cost to Tenant, other than as set forth herein) to utilize roof space for the use installation and operation of that portion of the rooftop area over the laboratory areas on the first floor of the Premises; (b) Tenant shall also retain the exclusive right and entitlement of the areas where it maintains its equipment one or more communications antennae, microwave or satellite dishes, together with a proportionate share of that portion of the remaining area of related equipment, mountings, and supports (collectively, “Telecommunications Equipment”), and Landlord shall provide Tenant with such space on the roof of the Building made available by Landlord as is reasonably necessary for equipment the installation and operation of tenants of the Project (e.g. if Tenant occupies 50% of the rentable area of the Building, then it shall be entitled to the exclusive use of that portion of 50% of the available area made available by Landlord for equipment of tenants of the Project of the roof); (c) Landlord shall only permit installations on the roof by third parties if they do not damage or materially interfere with Tenant’s business, security or equipment Telecommunications Equipment (but in no event shall the aggregate amount of such space exceed at the Premises; (d) Landlord covenants and agrees not to permit the use any point in time Tenant’s proportionate share of any space on the roof of the Building allocated by any Primary Competitor without Tenant’s prior written consentLandlord to office tenants, so long as Tenant demonstrates, to the reasonable satisfaction of Landlord, that Tenant requires such roof space; and (e) it being agreed that in no event shall Tenant shall be entitled to screen/fence off its Telecom Equipment, at its expenseless than sixteen (16) square feet of such roof space), subject to Landlord’s approval which cannot be unreasonably withheld, conditioned or delayedthe terms of this Section 10.9. Tenant acknowledges and agrees that Landlord may take into account aesthetics to ensure that such screen/fence does not visibly or physically detract from the façade any use of the Building roof space by Tenant for the installation and surrounding business parkoperation of Tenant’s Telecommunications Equipment shall be 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 solely for Tenant’s own use and for the use of Tenant’s permitted subtenants, provided that Landlord shall not charge such subtenants any fee, rent or other direct or indirect charge for such usage (and not for resale purposes); provided, however, that Tenant shall be entitled to license a portion of its roof space and riser space to a third party carrier for the provision of communications and data services solely within the Premises, subject to Landlord’s reasonable approval (provided that no fee, rent or other direct or indirect charge shall be charged to the licensee therefor). The height, diameter, design and installation of the satellite dishes or other telecommunications equipment shall be subject to Landlord’s approval, which shall not be unreasonably withheld or delayed. In connection therewith, Landlord shall make available to Tenant access to the roof space for the construction, installation, maintenance, repair, operation and use of Tenant’s Telecommunications Equipment. All work in connection with the installation of Tenant’s Telecom Equipment Telecommunications Equipment, including core drilling, if required, shall be subject to Tenant providing Landlord with detailed designs and specifications, all necessary consents, approvals, permits or registrations, including architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time, required for the installation, maintenance, use or operation of the Telecom Equipment and Landlord, and its consultants and engineers, approving and reviewing said designs and specifications, which approval shall not be unreasonably withheld. Notwithstanding anything to the contrary contained herein, Landlord may withhold its consent to the installation of the Telecom Equipment if such installation would require any penetration of the Building’s roof. If the Telecom Equipment uses any electricity, Tenant shall pay for the cost to purchase and install electrical submeter equipment and wiring, and thereafter Tenant shall pay to Landlord the monthly electrical submeter charges throughout the Term. Landlord’s approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with sound architectural guidelines and/or engineering practices or will comply with all applicable Laws; such compliance shall be the sole responsibility of Tenant. All third-party costs of Landlord relating to such approval and review are to be borne by Tenant. Tenant shall install the Telecom Equipment in accordance with the detailed designs and specifications submitted and approved by Landlord per the above and shall take such necessary measures to ensure that it does not interfere with any equipment, installation, dish and/or antennae and/or other communication system on or near the Building then in existence at the time of installation. Upon expiry or termination of this Lease, Tenant shall be responsible for all costs for the removal of the Telecom Equipment, repairing any damage incurred to the roof of the Building as a result of its access, installation and removal of the Telecom Equipment, and restoring the roof to the condition in which it were prior to the installation of the Telecom Equipment, subject to reasonable wear and tear. Tenant shall, at its own expense, maintain and insure the Telecom Equipment during the Term and any extensions thereof. Tenant shall operate and maintain the Telecom Equipment and the screening therefor in good repair and condition, in accordance with all Laws, all manufacturer’s suggested maintenance programs, and the approved plans and specifications therefor, all performed at Tenant’s sole cost and expense, including the cost of a fire watch and related supervisory costs relating to any core drilling, which shall be performed in such a manner and at such times as Landlord shall reasonably prescribe. In addition to Tenant’s other obligations hereunder, Tenant, at its own cost and expense, shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing the Telecom Equipment and associated equipment within or serving the Premises. The service contract must include all services suggested by the equipment manufacturer References in its operations/maintenance manual and an executed copy of such contract (which may be redacted to remove any confidential information unrelated this Section 10.9 to the scope of work covered thereby) must be provided to Landlord. All work relating to the Telecom Equipment shall, at Tenant’s expense, be coordinated with Landlord’s roofing contractor so as not to affect any warranty for the Building’s roof. Tenant may not relocate any of the Telecom Equipment without the prior written consent of Landlord. Tenant agrees that, upon at least 30 days’ prior written notice to Tenant from Landlord that Landlord requires Tenant to relocate any Telecom Equipment (which notice may be given at any time and from time to time during the Term), Tenant shall relocate such Telecom Equipment (as requested by Landlord) from the then existing location to any substitute location reasonably designated by Landlord on the Building. Tenant shall complete such relocation prior to the expiration of such 30-day period and upon the expiration of such 30-day period Tenant shall have no further right to use or occupy the prior location until the completion of such roof repair or replacement, at which time Landlord may notify Tenant to relocate back to the original location and Tenant will perform such relocation as soon as reasonably practicable after such notice. In the event Landlord exercises its right to cause Tenant to relocate all or a portion of the Telecom Equipment pursuant this Section 26.14, Landlord shall use its commercially reasonable efforts to minimize any disruption to Tenant’s operations as a result thereof. Tenant shall repair all damage to the Building caused by the installation, maintenance or removal of the Telecom Equipment at any such prior rooftop locations. Any and all costs and expenses associated with the relocation of any such Telecom Equipment and related restoration work in order to accommodate the repair, replacement or maintenance of the roof or other area of the Building, or equipment associated with any of the foregoing, shall be paid by Tenant within 30 days following Landlord’s request therefor. Otherwise, any such relocation and related restoration shall be at Landlord’s cost and expense. Tenant and Tenant Parties shall have access to the rooftop of the Building at all times during the Term, at Tenant’s sole risk. For all purposes under this Lease, the Telecom Telecommunications Equipment shall be deemed to be included within include access to the definition Risers (subject to the provisions of Sections 10.17 and 10.18 hereof) and the electrical and telecommunication conduits therein so as to allow Tenant’s Off-Premises Equipment. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE TELECOM EQUIPMENT, AND TENANT HEREBY RELEASES LANDLORD FROM ANY AND ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS). Tenant may only use the Telecom Telecommunications Equipment in connection with Tenant’s business. Tenant shall not allow any third party to use such equipment, whether by sublease, license, occupancy agreement or otherwise, except in connection with Permitted Transfers and any other Transfers approved by Landlord. So long as Tenant is the sole occupant of the Building, Landlord covenants and agrees that it shall not undertake, install or consent to or permit to be installed on the roof the Building any solar, wind or other similar apparatus, billboard, signage or other installation save and except with the consent of Tenantfunction properly.

Roof Rights. Provided that Tenant complies with terms (a) Subject to the requirements of this Section 26.1419.01, during the Term Tenant may install, maintain and any extensions thereof, Landlord agrees to allow Tenant to place and maintainoperate, at Tenant’s risk sole cost and expense, antennae, and non-penetrating satellite dishes, voice, fiber optic, video, data, and internet antennas and other telecommunications communications equipmentequipment and infrastructure (collectively, including all required equipment, infrastructure, conduits, chase ways and connectivity required to operate them (the “Telecom Roof Equipment”), ) in an area up to 25 square feet on the rooftop of the Building at a location approved by Landlord. That portion of the rooftop of the Building made available by Landlord for equipment of tenants of the Project shall be for the exclusive use of Tenant save and except in the event Tenant ceases to occupy 100% of the Building, in which event: (a) Tenant shall retain the exclusive right and entitlement to the use of that portion of the rooftop area over the laboratory areas on the first floor of the Premises; (b) Tenant shall also retain the exclusive right and entitlement of the areas where it maintains its equipment together with a proportionate share of that portion of the remaining area of the roof of the Building made available initially as shown on the plan attached hereto as Exhibit EE (“Tenant’s Roof Space”) and vertically mounted antennae in the locations shown on Exhibit EE, subject to relocation as provided in this Article 19 or as agreed by Landlord the parties, but there shall be no increase in the Fixed Rent payable for equipment of tenants Tenant’s right to use such area of the Project roof as permitted under this Article 19. Tenant may, at Tenant’s sole cost and expense, run a cable from the area in which the Roof Equipment is located into the Premises through conduit space shown on Exhibit EE attached hereto (e.g. if Tenant occupies 50% subject to Landlord’s right to perform such work in areas outside the Premises in accordance with Section 4.05(a)). The size of the rentable area Roof Equipment, and the location thereof on the structure provided therefor on the roof of the Building, then it shall be entitled to the exclusive use of that portion of 50% of the available area made available by Landlord for equipment of tenants of the Project of the roof); (c) Landlord shall only permit installations on the roof by third parties if they do not damage or materially interfere with Tenant’s business, security or equipment at the Premises; (d) Landlord covenants and agrees not to permit the use of any space on the roof by any Primary Competitor without Tenant’s prior written consent; and (e) Tenant shall be entitled to screen/fence off its Telecom Equipment, at its expense, subject to Landlord’s approval, such approval which cannot to be unreasonably withheld, conditioned or delayed. Tenant acknowledges and agrees that Landlord may take into account aesthetics to ensure that such screen/fence does not visibly or physically detract from the façade of the Building and surrounding business park. The installation of (i) Tenant’s Telecom Equipment shall be subject to Tenant providing Landlord with detailed designs and specifications, all necessary consents, approvals, permits or registrations, including architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time, required for the installation, maintenance, use or operation of the Telecom Equipment and Landlord, and its consultants and engineers, approving and reviewing said designs and specifications, which approval shall not be unreasonably withheld. Notwithstanding anything to the contrary contained herein, Landlord may withhold its consent to the installation of the Telecom Equipment if such installation would require any penetration of the Building’s roof. If the Telecom Equipment uses any electricity, Tenant shall pay for the cost to purchase and install electrical submeter equipment and wiring, and thereafter Tenant shall pay to Landlord the monthly electrical submeter charges throughout the Term. Landlord’s approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with sound architectural guidelines and/or engineering practices or will comply with all applicable Laws; such compliance shall be the sole responsibility of Tenant. All third-party costs of Landlord relating to such approval and review are to be borne by Tenant. Tenant shall install the Telecom Equipment in accordance with the detailed designs and specifications submitted and approved by Landlord per the above and shall take such necessary measures to ensure that it does not interfere with any equipment, installation, dish and/or antennae and/or other communication system on or near the Building then in existence at the time of installation. Upon expiry or termination of this Lease, Tenant shall be responsible for all costs for the removal of the Telecom Equipment, repairing any damage incurred to the roof of the Building as is a result of its access, installation non-exclusive use and removal Landlord may permit any Person to use any other portion of the Telecom Equipment, and restoring roof of the roof Building for any use (provided that Tenant’s use of the Tenant Roof Space shall be exclusive to the condition in which it were prior to Tenant); (ii) the installation of the Telecom Roof Equipment shall be deemed to be an Alteration; (iii) if Landlord’s structural engineer recommends that there be structural reinforcement of the roof of the Building in connection with the installation of the Roof Equipment, subject to reasonable wear and tear. Tenant Landlord shall, at its own expenseprior to any installation of the Roof Equipment, maintain and insure perform the Telecom Equipment during the Term and any extensions thereof. Tenant shall operate and maintain the Telecom Equipment and the screening therefor in good repair and condition, in accordance with all Laws, all manufacturer’s suggested maintenance programs, and the approved plans and specifications therefor, all same at Tenant’s sole cost and expense. In addition expense of Landlord’s Actual Costs, plus Landlord’s 3% fee and 3% overhead (except with respect to Tenant’s Generator Equipment); (iv) without limiting the other obligations hereunderconditions set forth in this Section 19.01, such installation (including, without limitation, any structural reinforcements performed in connection therewith) shall be performed in compliance with all of the provisions of Section 4.02 and the other provisions of this Lease applicable to Alterations; (v) Tenant, at its own cost and expense, shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing the Telecom Equipment and associated equipment within or serving the Premises. The service contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and an executed copy of such contract (which may be redacted to remove any confidential information unrelated to the scope of work covered thereby) must be provided to Landlord. All work relating to the Telecom Equipment shall, at Tenant’s expense, be coordinated shall comply with Landlord’s roofing contractor so all Laws including, without limitation, any requirement to install screening surrounding such installations, and shall procure and maintain all necessary permits and approvals required therefor (Tenant hereby acknowledging that Landlord is making no representations as not to affect the permissibility of any warranty for Roof Equipment on the Building’s roof. Tenant may not relocate any roof of the Telecom Equipment without the prior written consent of Landlord. Tenant agrees that, upon at least 30 days’ prior written notice to Tenant from Landlord that Landlord requires Tenant to relocate Building by any Telecom Equipment governmental authority having jurisdiction thereof); (which notice may be given at any time and from time to time during the Term), vi) Tenant shall relocate such Telecom Equipment promptly repair any damage (as requested by Landlordwhether structural or non-structural) from the then existing location to any substitute location reasonably designated by Landlord on the Building. Tenant shall complete such relocation prior caused to the expiration of such 30-day period and upon the expiration of such 30-day period Tenant shall have no further right to use roof or occupy the prior location until the completion of such roof repair or replacement, at which time Landlord may notify Tenant to relocate back to the original location and Tenant will perform such relocation as soon as reasonably practicable after such notice. In the event Landlord exercises its right to cause Tenant to relocate all or a any other portion of the Telecom Equipment pursuant this Section 26.14Building or its fixtures, Landlord shall use its commercially reasonable efforts to minimize any disruption to Tenant’s operations as a result thereof. Tenant shall repair all damage to the Building caused equipment and appurtenances by reason of the installation, maintenance or removal operation of the Telecom Roof Equipment (or, at any Landlord’s election, Landlord shall perform such prior rooftop locations. Any repairs and all costs Tenant shall reimburse Landlord for the Actual Costs incurred by Landlord in connection with such performance (plus Landlord’s 3% fee and expenses associated 3% overhead) within 30 days after rendition of a reasonably detailed xxxx therefor); (vii) the installation, operation and maintenance of the Roof Equipment shall not interfere with the relocation operation and maintenance of any such Telecom installations existing on the date Tenant installs the Roof Equipment, and the installation, operation and maintenance of any installations on the roof made by Landlord or by other tenants or occupants of the Building after the date Tenant installs the Roof Equipment (except those the location of which is mandated by Laws or another like circumstance as to which Landlord has no control) shall not interfere with the operation and related restoration work in order to accommodate maintenance of the repairRoof Equipment; (viii) if Tenant’s installation, replacement operation or maintenance of the Roof Equipment shall interfere with Landlord’s rights (including, without limitation, Landlord’s right to use any other portion of the roof of the Building for any purposes) or the rights of other area of present or future tenants or occupants in the Building, or if Landlord’s or another user’s installation, operation or maintenance of equipment associated on the roof shall interfere with Tenant’s rights under this Section 19.01, then, in any of the foregoingforegoing cases, the parties shall cooperate with one another in eliminating such interference; provided that the cost of remedying such interference shall be paid borne by Tenant within 30 days following Landlordthe party which is suffering such interference, unless such party’s request therefor. Otherwise, any such relocation and related restoration shall be at Landlord’s cost and expense. Tenant and Tenant Parties shall have access to the rooftop of the Building at all times during the Term, at Tenant’s sole risk. For all purposes under this Lease, the Telecom Equipment shall be deemed to be included within the definition of Tenant’s Off-Premises Equipment. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE TELECOM EQUIPMENT, AND TENANT HEREBY RELEASES LANDLORD FROM ANY AND ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS). Tenant may only use the Telecom Equipment in connection with Tenant’s business. Tenant shall not allow any third party to use such equipment, whether by sublease, license, occupancy agreement or otherwise, except in connection with Permitted Transfers and any other Transfers approved by Landlord. So long as Tenant is the sole occupant of the Building, Landlord covenants and agrees that it shall not undertake, install or consent to or permit to be equipment was installed on the roof of the Building prior to the installation on the roof of the Building of the interfering equipment by the interfering party, in which case the cost of remedying such interference shall be borne by the interfering party; (ix) Tenant shall pay any solaradditional or increased Actual Costs of insurance premiums incurred by Landlord, wind or other similar apparatus, billboard, signage or other installation save and except shall obtain and pay Actual Costs of any additional insurance coverage for the benefit of Landlord in such amount and of such type as Landlord may reasonably require in connection with the consent Roof Equipment; and (x) no Roof Equipment shall violate the terms of any restrictive covenant and/or light and air easement recorded against the Land. Landlord shall use commercially reasonable efforts to obtain the right for Tenant to use space on the roof of other buildings in Xxxxxx Yards to install antennae and related equipment with a southern view, subject to availability of space, provided that the parties shall agree on Tenant’s specific rights with respect to such rooftop equipment at other Xxxxxx Yards buildings prior to any such installation by Tenant, and provided that Landlord shall not be required to incur any material liability, obligation or cost in connection with such arrangement. Landlord has represented to Tenant that Landlord does not control the owners of such other Xxxxxx Yards buildings or any compensation such owners may require in connection with the granting of such rights or maintenance of such equipment. With respect to other Xxxxxx Yards buildings that are controlled by a condominium board that includes board members that are not representatives of Tenant or any of Tenant’s Affiliates, to the extent Landlord has a vote on such condominium board, Landlord will vote in favor of granting to Tenant space on the roof of such other Xxxxxx Yards buildings to install antennae and related equipment with a southern view in accordance with the previous sentence.

Roof Rights. Provided that Tenant complies with terms of this Section 26.1426.12, during the Term and any extensions thereof, Landlord agrees to allow Tenant to place and maintain, at Tenant’s risk and expense, antennae, and non-penetrating satellite dishes, voice, fiber optic, video, data, and internet and other telecommunications communications equipment, including all required equipment, infrastructure, conduits, chase ways and connectivity required to operate them (the “Telecom Equipment”), on the rooftop of the Building Buildings at a location approved by Landlord. That portion of the rooftop of the Building Buildings made available by Landlord for equipment of tenants of the Project shall be for the exclusive use of Tenant save and except in the event Tenant ceases to occupy 100% of the BuildingBuildings, in which event: (a) Tenant shall retain the exclusive right and entitlement to the use of that portion of the rooftop area over the laboratory areas on the first floor of the Premises; (b) Tenant shall also retain the exclusive right and entitlement of the areas where it maintains its equipment together with a proportionate share of that portion of the remaining area of the roof of the Building Buildings made available by Landlord for equipment of tenants of the Project (e.g. if Tenant occupies 50% of the rentable area of the applicable Building, then it shall be entitled to the exclusive use of that portion of 50% of the available area made available by Landlord for equipment of tenants of the Project applicable Building of the roof); (cb) Landlord shall only permit installations on the roof by third parties if they do not damage or materially interfere with Tenant’s business, security or equipment at the Premises; (dc) Landlord covenants and agrees not to permit the use of any space on the roof by any Primary Competitor without Tenant’s prior written consent; and (ed) Tenant shall be entitled to screen/fence off its Telecom Equipment, at its expense, subject to Landlord’s approval which cannot be unreasonably withheld, conditioned or delayed. Tenant acknowledges and agrees that Landlord may take into account aesthetics to ensure that such screen/fence does not visibly or physically detract from the façade of the Building Buildings and surrounding business park. The installation of Tenant’s Telecom Equipment shall be subject to Tenant providing Landlord with detailed designs and specifications, all necessary consents, approvals, permits or registrations, including architectural guidelines in effect for the area in which the Building is Buildings are located as they may be amended from time to time, required for the installation, maintenance, use or operation of the Telecom Equipment and Landlord, and its consultants and engineers, approving and reviewing said designs and specifications, which approval shall not be unreasonably withheld. Notwithstanding anything to the contrary contained herein, Landlord may withhold its consent to the installation of the Telecom Equipment if such installation would require any penetration of the roof of either Building’s roof. If the Telecom Equipment uses any electricity, Tenant shall pay for the cost to purchase and install electrical submeter equipment and wiring, and thereafter Tenant shall pay to Landlord the monthly electrical submeter charges throughout the Term. Landlord’s approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with sound architectural guidelines and/or engineering practices or will comply with all applicable Laws; such compliance shall be the sole responsibility of Tenant. All third-party costs of Landlord relating to such approval and review are to be borne by Tenant. Tenant shall install the Telecom Equipment in accordance with the detailed designs and specifications submitted and approved by Landlord per the above and shall take such necessary measures to ensure that it does not interfere with any equipment, installation, dish and/or antennae and/or other communication system on or near the Building Buildings then in existence at the time of installation. Upon expiry or termination of this Lease, Tenant shall be responsible for all costs for the removal of the Telecom Equipment, repairing any damage incurred to the roof of the Building Buildings as a result of its access, installation and removal of the Telecom Equipment, and restoring the roof to the condition in which it were prior to the installation of the Telecom Equipment, subject to reasonable wear and tear. Tenant shall, at its own expense, maintain and insure the Telecom Equipment during the Term and any extensions thereof. Tenant shall operate and maintain the Telecom Equipment and the screening therefor in good repair and condition, in accordance with all Laws, all manufacturer’s suggested maintenance programs, and the approved plans and specifications therefor, all at Tenant’s sole cost and expense. In addition to Tenant’s other obligations hereunder, Tenant, at its own cost and expense, shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing the Telecom Equipment and associated equipment within or serving the Premises. The service contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and an executed copy of such contract (which may be redacted to remove any confidential information unrelated to the scope of work covered thereby) must be provided to Landlord. All work relating to the Telecom Equipment shall, at Tenant’s expense, be coordinated with Landlord’s roofing contractor so as not to affect any warranty for the roof of either Building’s roof. Tenant may not relocate any of the Telecom Equipment without the prior written consent of Landlord. Tenant agrees that, upon at least 30 days’ prior written notice to Tenant from Landlord that Landlord requires Tenant to relocate any Telecom Equipment (which notice may be given at any time and from time to time during the Term), Tenant shall relocate such Telecom Equipment (as requested by Landlord) from the then existing location to any substitute location reasonably designated by Landlord on the applicable Building. Tenant shall complete such relocation prior to the expiration of such 30-day period and upon the expiration of such 30-day period Tenant shall have no further right to use or occupy the prior location until the completion of such roof repair or replacement, at which time Landlord may notify Tenant to relocate back to the original location and Tenant will perform such relocation as soon as reasonably practicable after such notice. In the event Landlord exercises its right to cause Tenant to relocate all or a portion of the Telecom Equipment pursuant this Section 26.1426.12, Landlord shall use its commercially reasonable efforts to minimize any disruption to Tenant’s operations as a result thereof. Tenant shall repair all damage to the Building Buildings caused by the installation, maintenance or removal of the Telecom Equipment at any such prior rooftop locations. Any and all costs and expenses associated with the relocation of any such Telecom Equipment and related restoration work in order to accommodate the repair, replacement or maintenance of the roof or other area of the BuildingBuildings, or equipment associated with any of the foregoing, shall be paid by Tenant within 30 days following Landlord’s request therefor. Otherwise, any such relocation and related restoration shall be at Landlord’s cost and expense. Tenant and Tenant Parties shall have access to the rooftop of the Building Buildings at all times during the Term, at Tenant’s sole risk. For all purposes under this Lease, the Telecom Equipment shall be deemed to be included within the definition of Tenant’s Off-Premises Equipment. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE TELECOM EQUIPMENT, AND TENANT HEREBY RELEASES LANDLORD FROM ANY AND ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS). Tenant may only use the Telecom Equipment in connection with Tenant’s business. Tenant shall not allow any third party to use such equipment, whether by sublease, license, occupancy agreement or otherwise, except in connection with Permitted Transfers and any other Transfers approved by Landlord. So long as Tenant is the sole occupant of the applicable Building, Landlord covenants and agrees that it shall not undertake, install or consent to or permit to be installed on the roof of the applicable Building any solar, wind or other similar apparatus, billboard, signage or other installation save and except with the consent of Tenant.

Roof Rights. Provided that Tenant complies with terms 44.01. Subject to the requirements of this Section 26.14, during the Term and any extensions thereof, Landlord agrees to allow Tenant to place and maintain, at Tenant’s risk and expense, antennae, and non-penetrating satellite dishes, voice, fiber optic, video, data, and internet and other telecommunications communications equipment, including all required equipment, infrastructure, conduits, chase ways and connectivity required to operate them (the “Telecom Equipment”), on the rooftop of the Building at a location approved by Landlord. That portion of the rooftop of the Building made available by Landlord for equipment of tenants of the Project shall be for the exclusive use of Tenant save and except in the event Tenant ceases to occupy 100% of the Building, in which event: (a) Tenant shall retain the exclusive right and entitlement to the use of that portion of the rooftop area over the laboratory areas on the first floor of the Premises; (b) Tenant shall also retain the exclusive right and entitlement of the areas where it maintains its equipment together with a proportionate share of that portion of the remaining area of the roof of the Building made available by Landlord for equipment of tenants of the Project (e.g. if Tenant occupies 50% of the rentable area of the Building, then it shall be entitled to the exclusive use of that portion of 50% of the available area made available by Landlord for equipment of tenants of the Project of the roof); (c) Landlord shall only permit installations on the roof by third parties if they do not damage or materially interfere with Tenant’s business, security or equipment at the Premises; (d) Landlord covenants and agrees not to permit the use of any space on the roof by any Primary Competitor without Tenant’s prior written consent; and (e) Tenant shall be entitled to screen/fence off its Telecom Equipment, at its expense, subject to Landlord’s approval which cannot be unreasonably withheld, conditioned or delayed. Tenant acknowledges and agrees that Landlord may take into account aesthetics to ensure that such screen/fence does not visibly or physically detract from the façade of the Building and surrounding business park. The installation of Tenant’s Telecom Equipment shall be subject to Tenant providing Landlord with detailed designs and specifications, all necessary consents, approvals, permits or registrations, including architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time, required for the installation, maintenance, use or operation of the Telecom Equipment and Landlord, and its consultants and engineers, approving and reviewing said designs and specifications, which approval shall not be unreasonably withheld. Notwithstanding anything to the contrary contained herein, Landlord may withhold its consent to the installation of the Telecom Equipment if such installation would require any penetration of the Building’s roof. If the Telecom Equipment uses any electricityArticle 44, Tenant shall pay for the cost to purchase and install electrical submeter equipment and wiring, and thereafter Tenant shall pay to Landlord the monthly electrical submeter charges throughout the Term. Landlord’s approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with sound architectural guidelines and/or engineering practices or will comply with all applicable Laws; such compliance shall be the sole responsibility of Tenant. All third-party costs of Landlord relating to such approval and review are to be borne by Tenant. Tenant shall install the Telecom Equipment in accordance with the detailed designs and specifications submitted and approved by Landlord per the above and shall take such necessary measures to ensure that it does not interfere with any equipment, installation, dish and/or antennae and/or other communication system on or near the Building then in existence at the time of installation. Upon expiry or termination of this Lease, Tenant shall be responsible for all costs for the removal of the Telecom Equipment, repairing any damage incurred to the roof of the Building as a result of its access, installation and removal of the Telecom Equipment, and restoring the roof to the condition in which it were prior to the installation of the Telecom Equipment, subject to reasonable wear and tear. Tenant shall, at its own expensemay install, maintain and insure the Telecom Equipment during the Term and any extensions thereof. Tenant shall operate and maintain the Telecom Equipment and the screening therefor in good repair and conditionoperate, in accordance with all Laws, all manufacturer’s suggested maintenance programs, and the approved plans and specifications therefor, all at Tenant’s sole cost and expense, telecommunications and wireless antennae, microwave dishes and other communications equipment (collectively, the “Rooftop Equipment”) on the structures therefor provided by Landlord on the roof of the Building and run cables therefrom into the demised premises through up to four (4) inches of conduit space provided by Landlord in such locations as Landlord may designate. In addition The size of the Rooftop Equipment, and the location thereof on the structure provided therefor on the roof of the Building, shall be subject to Landlord’s reasonable approval. Tenant shall not be required to pay Landlord any rent for the use of the roof. Tenant acknowledges that: (i) Tenant’s use of the roof of the Building is a non-exclusive use and Landlord may permit any person or entity to use any other obligations hereunderportion of the roof of the Building for any use; (ii) the installation of the Rooftop Equipment shall be deemed to be a Tenant Alteration requiring Landlord’s approval in accordance with the applicable provisions of this Lease; (iii) if Landlord’s structural engineer recommends that there be structural reinforcement of the roof of the Building in connection with the installation of the Rooftop Equipment, Landlord shall, prior to any installation of the Rooftop Equipment, perform the same at Tenant, at its own ’s sole cost and expense, shall enter into a regularly scheduled preventive maintenance/service contract expense in accordance with a maintenance contractor plans and specifications approved by Landlord for servicing Landlord; (iv) without limiting the Telecom Equipment other conditions set forth in this Article 44, such installation (including, without limitation, any structural reinforcements performed in connection therewith) shall be performed in compliance with all of the provisions of Articles 3 and associated equipment within or serving 32, and the Premises. The service contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and an executed copy other provisions of such contract this Lease applicable to Tenant Alterations; (which may be redacted to remove any confidential information unrelated to the scope of work covered therebyv) must be provided to Landlord. All work relating to the Telecom Equipment shallTenant, at Tenant’s expense, be coordinated shall comply with Landlord’s roofing contractor so all Legal Requirements and procure and maintain all necessary permits and approvals required therefor (Tenant hereby acknowledging that Landlord is making no representations as not to affect the permissibility of any warranty for Rooftop Equipment on the Building’s roof. Tenant may not relocate any roof of the Telecom Equipment without the prior written consent of Landlord. Tenant agrees thatBuilding by any governmental authority having jurisdiction thereof, upon at least it being understood that Landlord shall, subject to reimbursement within 30 days’ prior written notice demand, for all actual reasonable out-of-pocket expenses (including interest thereon at the Interest Rate from and after such thirtieth (30th) day until reimbursed), reasonably cooperate with Tenant in connection with obtaining such permits (at no liability to Landlord), including, without limitation, by executing and delivering to Tenant from Landlord that Landlord requires such applications, instruments and other documents as Tenant to relocate any Telecom Equipment may reasonably request in connection therewith; (which notice may be given at any time and from time to time during the Term), vi) Tenant shall relocate such Telecom Equipment promptly repair any damage (as requested by Landlordwhether structural or non-structural) from the then existing location to any substitute location reasonably designated by Landlord on the Building. Tenant shall complete such relocation prior caused to the expiration of such 30-day period and upon the expiration of such 30-day period Tenant shall have no further right to use roof or occupy the prior location until the completion of such roof repair or replacement, at which time Landlord may notify Tenant to relocate back to the original location and Tenant will perform such relocation as soon as reasonably practicable after such notice. In the event Landlord exercises its right to cause Tenant to relocate all or a any other portion of the Telecom Equipment pursuant this Section 26.14Building or its fixtures, Landlord shall use its commercially reasonable efforts to minimize any disruption to Tenant’s operations as a result thereof. Tenant shall repair all damage to the Building caused equipment and appurtenances by reason of the installation, maintenance or removal operation of the Telecom Rooftop Equipment (or, at any Landlord’s election, Landlord shall perform such prior rooftop locations. Any repairs and all Tenant shall reimburse Landlord for the actual reasonable out-of-pocket costs thereof within 30 days after rendition of a xxxx therefor); (vii) the installation, operation and expenses associated maintenance of the Rooftop Equipment shall not interfere with the relocation operation and maintenance of any such Telecom Equipment and related restoration work in order to accommodate installations existing on the repairdate Tenant installs the Rooftop Equipment; (viii) if Tenant’s installation, replacement operation or maintenance of the Rooftop Equipment shall interfere with Landlord’s rights (including, without limitation, Landlord’s right to use the remainder of the roof of the Building for any purposes) or other area of present or future tenants in the Building, Tenant shall cooperate, at no cost to Tenant, with Landlord or equipment associated with any such other tenants in eliminating such interference; provided that in cases where the interference affects installations existing on the date Tenant installs the Rooftop Equipment the cost of the foregoing, remedying such interference shall be paid borne by Tenant; and (ix) Tenant within 30 days following shall pay any additional or increased insurance premiums incurred by Landlord’s request therefor. Otherwise, and shall obtain and pay for any additional insurance coverage for the benefit of Landlord in such relocation amount and related restoration shall be at Landlord’s cost and expense. Tenant and Tenant Parties shall have access to the rooftop of the Building at all times during the Term, at Tenant’s sole risk. For all purposes under this Lease, the Telecom Equipment shall be deemed to be included within the definition of Tenant’s Off-Premises Equipment. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE TELECOM EQUIPMENT, AND TENANT HEREBY RELEASES LANDLORD FROM ANY AND ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS). Tenant such type as Landlord may only use the Telecom Equipment reasonably require in connection with Tenant’s businessthe Rooftop Equipment. Tenant shall not allow any third party to use such equipment, whether by sublease, license, occupancy agreement or otherwise, except in connection with Permitted Transfers and any other Transfers approved by Landlord. So long as Tenant is the sole occupant of the Building, Landlord covenants and agrees that it shall not undertake, install or consent to or permit to be installed on the roof the Building any solar, wind or other similar apparatus, billboard, signage or other installation save and except with the consent of Tenant.109

Roof Rights. Provided that Tenant complies with terms of this Section 26.14, during the Term and any extensions thereof, Landlord agrees to allow Tenant to place and maintain, at Tenant’s risk and expense, antennae, and non-penetrating satellite dishes, voice, fiber optic, video, data, and internet and other telecommunications communications equipment, including all required equipment, infrastructure, conduits, chase ways and connectivity required to operate them (the “Telecom Equipment”), on the rooftop of the Building at a location approved by Landlord. That portion of the rooftop of the Building made available by Landlord for equipment of tenants of the Project shall be for the exclusive use of Tenant save and except in the event Tenant ceases to occupy 100% of the Building, in which event: (a) 33.01 Tenant shall retain have the exclusive right and entitlement right, without the requirement of any additional payments hereunder, as appurtenant to the Premises, exclusively to use of that portion of the rooftop area over the laboratory areas space on the first floor of the Premises; (b) Tenant shall also retain the exclusive right and entitlement of the areas where it maintains its equipment together with a proportionate share of that portion of the remaining area of the roof of the Building made available for the purpose of installing (in accordance with Section 10), repairing, replacing, servicing, operating and maintaining dishes/antennae or other communication devices and replacements thereof (collectively, the “Dishes/Antennae”) approved by Landlord for equipment Landlord. In addition, Tenant shall have access to a conduit with a maximum size of tenants 2 inches running through the existing telephone room on each floor from the 16th floor to the roof of the Project (e.g. if Tenant occupies 50% Building to accommodate the cable from Tenant’s server room to the Dishes/Antennae. The location of the rentable area of the Building, then it shall be entitled to the exclusive use of that portion of 50% of the available area made available by Landlord for equipment of tenants of the Project of the roof); (c) Landlord shall only permit installations on the roof by third parties if they do not damage or materially interfere with Tenant’s business, security or equipment at the Premises; (d) Landlord covenants and agrees not to permit the use of any space on the roof to be used by any Primary Competitor without Tenant’s prior written consent; and (e) Tenant shall be entitled the spaces shown on Exhibit C (the “Roof Space”) or if Exhibit C is blank, then in such location as is mutually agreeable to screenthe parties. Landlord reserves the right to relocate the Roof Space as necessary during the Term so long as such relocations (a) do not materially disrupt Tenant’s operations or (b) are reasonably acceptable to Tenant. If Tenant requests additional space for Dishes/fence off Antennae and Landlord approves the same, Tenant shall pay to Landlord the standard market rate being charged by Landlord from time to time therefor. Landlord’s designation shall take into account Tenant’s use of the Dishes/Antennae. Notwithstanding the foregoing, Tenant’s right to install the Dishes/Antennae shall be subject to the approval rights of Landlord (which approval may incorporate the approval of Landlord’s architect and/or engineer with respect to the plans and specifications of the Dishes/Antennae, the manner in which the Dishes/Antennae are attached to the roof of the Building and the manner in which any cables are run to and from the Dishes/Antennae. The Dishes/Antennae must be tagged with weatherproof labels showing manufacturer, model, frequency range, and name of Tenant. In addition, the cable between the Dishes/Antennae and Tenant’s suite must be tagged in the telecom closet on each floor with a label showing Tenant’s name, phone number and suite number. The precise specifications and a general description of the Dishes/Antennae along with all documents Landlord reasonably requires to review the installation of the Dishes/Antennae (the “Plans and Specifications”) shall be submitted to Landlord for Landlord’s written approval no later than twenty (20) days before Tenant commences to install the Dishes/Antennae. Tenant shall be solely responsible for obtaining the necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Dishes/Antennae. Tenant shall notify Landlord upon completion of the installation of the Dishes/Antennae. If Landlord determines that the Dishes/Antennae equipment does not comply with the approved Plans and Specifications or that the Building has been damaged during installation of the Dishes/Antennae or that the installation was defective, Landlord shall notify Tenant of any noncompliance or detected problems and Tenant shall cure the defects within ten (10) days after receipt of such notice. If the Tenant fails to so cure the defects, Tenant shall pay to Landlord upon demand the reasonable cost, as determined by Landlord, of correcting any defects and repairing any damage to the Building caused by such installation. If at any time Landlord, in its Telecom Equipmentreasonable discretion, deems it necessary to comply with Law, Tenant shall provide and install, at its Tenant’s sole cost and expense, subject to appropriate aesthetic screening, as so necessary, for the Dishes/Antennae (the “Aesthetic Screening”). Wherever Landlord’s approval which canconsent is required under this Section 33, such consent shall not be unreasonably withheld, conditioned or delayed. Tenant acknowledges and agrees that Landlord may take into account aesthetics to ensure that such screen/fence does not visibly or physically detract from the façade of the Building and surrounding business park. The installation of Tenant’s Telecom Equipment shall be subject to Tenant providing Landlord with detailed designs and specifications, all necessary consents, approvals, permits or registrations, including architectural guidelines in effect delayed for the area in which the Building is located as they may be amended from time to time, required for the installation, maintenance, use or operation of the Telecom Equipment and Landlord, and its consultants and engineers, approving and reviewing said designs and specifications, which approval shall not be unreasonably withheld. Notwithstanding anything to the contrary contained herein, Landlord may withhold its consent to the installation of the Telecom Equipment if such installation would require any penetration of the Building’s roof. If the Telecom Equipment uses any electricity, Tenant shall pay for the cost to purchase and install electrical submeter equipment and wiring, and thereafter Tenant shall pay to Landlord the monthly electrical submeter charges throughout the Term. Landlord’s approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with sound architectural guidelines and/or engineering practices or will comply with all applicable Laws; such compliance shall be the sole responsibility of Tenant. All third-party costs of Landlord relating to such approval and review are to be borne by Tenant. Tenant shall install the Telecom Equipment in accordance with the detailed designs and specifications submitted and approved by Landlord per the above and shall take such necessary measures to ensure that it does not interfere with any equipment, installation, dish and/or antennae and/or other communication system on or near the Building then in existence at the time of installation. Upon expiry or termination of this Lease, Tenant shall be responsible for all costs for the removal of the Telecom Equipment, repairing any damage incurred to the roof of the Building as a result of its access, installation and removal of the Telecom Equipment, and restoring the roof to the condition in which it were prior to the installation of the Telecom Equipment, subject to reasonable wear and tear. Tenant shall, at its own expense, maintain and insure the Telecom Equipment during the Term and any extensions thereof. Tenant shall operate and maintain the Telecom Equipment and the screening therefor in good repair and condition, in accordance with all Laws, all manufacturer’s suggested maintenance programs, and the approved plans and specifications therefor, all at Tenant’s sole cost and expense. In addition to Tenant’s other obligations hereunder, Tenant, at its own cost and expense, shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing the Telecom Equipment and associated equipment within or serving the Premises. The service contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and an executed copy of such contract (which may be redacted to remove any confidential information unrelated to the scope of work covered thereby) must be provided to Landlord. All work relating to the Telecom Equipment shall, at Tenant’s expense, be coordinated with Landlord’s roofing contractor so as not to affect any warranty for the Building’s roof. Tenant may not relocate any of the Telecom Equipment without the prior written consent of Landlord. Tenant agrees that, upon at least 30 more than 3 days’ prior written notice to Tenant from Landlord that Landlord requires Tenant to relocate any Telecom Equipment (which notice may be given at any time and from time to time during the Term), Tenant shall relocate such Telecom Equipment (as requested by Landlord) from the then existing location to any substitute location reasonably designated by Landlord on the Building. Tenant shall complete such relocation prior to the expiration of such 30-day period and upon the expiration of such 30-day period Tenant shall have no further right to use or occupy the prior location until the completion of such roof repair or replacement, at which time Landlord may notify Tenant to relocate back to the original location and Tenant will perform such relocation as soon as reasonably practicable after such notice. In the event Landlord exercises its right to cause Tenant to relocate all or a portion of the Telecom Equipment pursuant this Section 26.14, Landlord shall use its commercially reasonable efforts to minimize any disruption to Tenant’s operations as a result thereof. Tenant shall repair all damage to the Building caused by the installation, maintenance or removal of the Telecom Equipment at any such prior rooftop locations. Any and all costs and expenses associated with the relocation of any such Telecom Equipment and related restoration work in order to accommodate the repair, replacement or maintenance of the roof or other area of the Building, or equipment associated with any of the foregoing, shall be paid by Tenant within 30 days following Landlord’s request therefor. Otherwise, any such relocation and related restoration shall be at Landlord’s cost and expense. Tenant and Tenant Parties shall have access to the rooftop of the Building at all times during the Term, at Tenant’s sole risk. For all purposes under this Lease, the Telecom Equipment shall be deemed to be included within the definition of Tenant’s Off-Premises Equipment. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF, THE TELECOM EQUIPMENT, AND TENANT HEREBY RELEASES LANDLORD FROM ANY AND ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS). Tenant may only use the Telecom Equipment in connection with Tenant’s business. Tenant shall not allow any third party to use such equipment, whether by sublease, license, occupancy agreement or otherwise, except in connection with Permitted Transfers and any other Transfers approved by Landlord. So long as Tenant is the sole occupant of the Building, Landlord covenants and agrees that it shall not undertake, install or consent to or permit to be installed on the roof the Building any solar, wind or other similar apparatus, billboard, signage or other installation save and except with the consent of Tenant.