Common use of Telecommunications Clause in Contracts

Telecommunications. Except as provided hereinbelow, Tenant and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have no right of access to and within the Building, for the installation and operation of telecommunications systems, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications within the Building and from the Building to any other location without Landlord’s prior written consent. All providers of Telecommunications Services shall be required to comply with the rules and regulations of the Building, applicable Laws and Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof of the Building (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlord, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lease Agreement (Corcept Therapeutics Inc), Lease Agreement (Zuora Inc)

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Telecommunications. Except as provided hereinbelow, All telephone and telecommunications services desired by Tenant shall be ordered and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have no right utilized at the sole expense of access to and within the Building, for the installation and operation Tenant. All installations of telecommunications systemsequipment and wires shall be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. Unless Landlord otherwise requests or consents in writing, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications within equipment shall be and remain solely in the Building Premises. Landlord shall have no responsibility for the maintenance of Tenant’s telecommunications equipment, including wire; nor for any wiring or other infrastructure to which Tenant’s telecommunications equipment may be connected. Any and from all telecommunications equipment installed in the Building Premises by or on behalf of Tenant, including wiring or other facilities for telecommunications transmittal, shall be removed prior to the expiration or earlier termination of the Term, by Tenant at its sole cost or, at Landlord’s election, by Landlord at Tenant’s sole cost. Tenant shall not utilize any wireless communications equipment (other location than usual and customary cellular telephones), including antennae and satellite receiver dishes, in or on the Premises, without Landlord’s prior written consent. All providers of Telecommunications Services shall Such consent may be required conditioned in such a manner so as to comply with protect Landlord’s financial interests and the rules and regulations interests of the BuildingPremises, applicable Laws in a manner similar to the arrangements described in the immediately preceding paragraphs. In the event that telecommunications equipment, wiring and facilities installed by or at the request of Tenant within the Premises causes interference to equipment used by another party, Tenant shall assume all liability related to such interference, Tenant shall use reasonable efforts, and shall cooperate with Landlord and other parties, to promptly eliminate such interference. In the event that Xxxxxx is unable to do so, Tenant shall substitute alternative equipment that remedies the situation. If such interference persists, Tenant shall discontinue the use of such equipment, and, at Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof of the Building (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlorddiscretion, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof such equipment according to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear exceptedforegoing specifications.

Appears in 2 contracts

Samples: Commercial Lease Agreement, Commercial Lease Agreement

Telecommunications. Tenant acknowledges and agrees that all telephone and telecommunications services desired by Tenant shall be ordered and utilized at the sole expense of Tenant. All installations of telecommunications equipment and wires shall be accomplished pursuant to plans and specifications approved in advance in writing by Landlord, such approval not to be unreasonably withheld, delayed or conditioned. Except as may be otherwise provided hereinbelowfor in this Lease, Tenant and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, Landlord shall have no right of access to and within the Building, responsibility for the installation and operation of telecommunications systems, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all maintenance of Tenant’s telecommunications equipment, including wire; nor for any wiring or other infrastructure to which Tenant’s telecommunications equipment may be connected. Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued from any cause whatsoever, unless such loss, or damage results from any fault, default, negligence, act or omission of Landlord or its agents, servants, employees, or any other person for whom Landlord is in law responsible, Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of Tenant at its expense to obtain substitute service. Landlord shall have the right, upon reasonable prior notice to Tenant, to temporarily interrupt or turn off telecommunications facilities in the event of emergency or as necessary in connection with the operation of the Building or installation of telecommunications equipment for other tenants of the Building. Landlord shall exercise its rights under this paragraph, to the extent possible in the circumstances, in such manner so as to minimize interference with Tenant’s use and enjoyment of the Premises. Any and all telecommunications equipment installed in the Premises or elsewhere in the Building by or on behalf of Tenant, including wiring or other facilities for telecommunications transmittal, shall be removed prior to the expiration or earlier termination of the Term, by Tenant at its sole cost. In the event that Tenant wishes at any time to utilize the services of a telephone or telecommunications provider whose equipment is not then servicing the Building, no such provider shall be permitted to install its lines or other equipment within the Building without first securing the prior written approval of Landlord. Landlord’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord’s satisfaction, it shall be reasonable for Landlord to refuse to give its approval: (i) Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the provider, the provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the provider; (iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the tenants of the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to alterations as described in Section 4.2 of this Lease; (iv) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the provider’s equipment and materials; (v) the provider agrees to abide by Landlord’s requirements, if any, that provider use existing Building conduits and pipes or use building contractors (or other contractors approved by Landlord); (vi) Landlord receives from the provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the provider’s equipment, for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord detailed “as built” plans immediately after the installation of the provider’s equipment is complete; and (viii) all of the foregoing matters are documented in a written license or other agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord. Notwithstanding any provision of the preceding paragraphs to the contrary, the refusal of Landlord to grant its approval to any prospective telecommunications provider shall not be deemed a default or breach by Landlord of its obligation under this Lease unless and until Landlord is adjudicated to have acted recklessly or maliciously with respect to Tenant’s request for approval, and in that event, Tenant shall still have no right to terminate the Lease or claim an entitlement to rent abatement, but may as Tenant’s sole and exclusive recourse seek a judicial order of specific performance compelling Landlord to grant its approval as to the perspective provider in question. The provisions of this paragraph may be enforced solely by Tenant and Landlord, are not for the benefit of any other location party, and specifically but without limitation, no telephone or telecommunications provider shall be deemed a third party beneficiary of this Lease. Tenant shall not utilize any wireless communications equipment (other than usual and customary cellular telephones), including antennae and satellite receiver dishes, within the Premises or the Building, without Landlord’s prior written consentconsent such approval not to be unreasonably withheld, delayed or conditioned. All providers In the event that telecommunications equipment, wiring and facilities installed by or at the request of Telecommunications Services Tenant within the Premises, or elsewhere within the Building causes interference to equipment used by another party, Tenant shall be required assume all liability related to comply such interference, Tenant shall use reasonable efforts, and shall cooperate with Landlord and other parties, to promptly eliminate such interference. In the rules and regulations event that Tenant is unable to do so, Tenant shall substitute alternative equipment which remedies the situation. If such interference persists, Tenant shall discontinue the use of the Buildingsuch equipment, applicable Laws and and, at Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof of the Building (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlorddiscretion, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof such equipment according to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear exceptedforegoing specifications.

Appears in 1 contract

Samples: Lease Agreement

Telecommunications. Except as provided hereinbelow, Tenant and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have no (A) for so long as Tenant is leasing space in both Building 1 and Building 2, the exclusive right of access to those certain two (2) four inch (4") conduits running between the Buildings as described in Schedule 1 to Exhibit J and (B) the limited and non-exclusive right of access to and within the Buildings (to the extent Tenant is then leasing space in both such Buildings, otherwise to just the applicable Building) (including a designated pathway to one of the Buildings, which shall be underground), for the installation and operation of wired and wireless telecommunications systems, including voice, fiber optic, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems Internet ("Telecommunications Services"), for part or all of Tenant’s 's telecommunications within the Building Buildings (including reasonable non-exclusive use of the Buildings' roofs (subject to the terms of Section 25(t) below), chase ways (not to exceed Tenant's Proportionate Share of chase ways) and common areas, as reasonably necessary) and from the Building Buildings (to the extent Tenant is then leasing space in both such Buildings, otherwise to just the applicable Building) to any other location without location, subject to Landlord’s prior written consent's approval, not to be unreasonably withheld, conditioned or delayed. For so long as Tenant is leasing at least 50,000 rentable square feet, Tenant shall have the limited and non-exclusive right of access to and use of one additional conduit (i.e., two (2) total conduits) from the street in front of the Complex to a Building in which Tenant leasing space to establish service;from a second telecommunications provider. All providers of Telecommunications Services shall be required to comply with the rules and regulations of the BuildingBuildings, applicable Laws and Landlord’s commercially reasonable 's policies and practices for the BuildingBuildings reasonably established by Landlord from time to time, including, prior to any such access, installation or operation, the execution of a license agreement in form and substance reasonably acceptable to Landlord. Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof of the Building (collectively, the “Telecommunications Equipment”t), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlord, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear excepted.

Appears in 1 contract

Samples: HTM Lease Agreement

Telecommunications. Except as provided hereinbelow, Tenant and its Tenant's telecommunications companies, including but not limited to local exchange telecommunications companies and alternative access vendor services companiescompanies ("Telecommunications Companies"), shall have no a reasonable and necessary right of access to and within the Buildinglands or Buildings comprising the Park (including any necessary easements or rights of way), at no additional fee, costs or expense to Tenant, (except that Tenant shall reimburse Landlord for the cost incurred by Landlord in reviewing any such easement or right of way) for the installation and operation of telecommunications systems, lines and systems including but not limited to voice, video, data, Internet, and any other telecommunications services provided over wire, fiber optic, microwave, wireless, wireless and any other transmission systems (“Telecommunications Services”)systems, for a part or all of Tenant’s 's telecommunications within the Building and from the Building to any other location without (hereinafter collectively referred to as "Telecommunications Lines"), with Landlord’s 's prior written consent. All providers of Telecommunications Services shall be required to comply with the rules and regulations of the Building, applicable Laws and Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord which shall not be required to provide unreasonably withheld, conditioned or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Servicesdelayed. Notwithstanding the foregoing to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof of the Building (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repairforegoing, Tenant may place such perform any installation, repair and/or maintenance to its Telecommunications Equipment on Lines without Landlord's consent where the roof of equipment being installed, repaired or maintained is not located in the Premises area in a location reasonably approved by Landlord. The installation of which the Telecommunications Equipment Lines or any part thereof of any other tenant or of Landlord are located. Tenant shall constitute an Alteration and shall be performed in accordance with and subject to pay the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and recording of any such easement and/or right of way. Tenant shall use all costs reasonable efforts to cause same to be discharged of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the record upon expiration of the Term Term. If at any time, Tenant's Telecommunications Companies or appropriate governmental authorities relocate the point of demarcation from the location of Tenant's telecommunications equipment in Tenant's telephone equipment room or other location, to some other mutually agreed location within the equipment room, or in any other manner transfer any obligations or liabilities for telecommunications to Landlord or Tenant, whether by operation of law or otherwise, upon any earlier termination of the LeaseLandlord's election, Tenant shall, at Tenant’s 's sole cost and expense and subject cost: (i) within ninety (90) days after notice is first given to the control Tenant of and direction from Landlord's election, cause to be completed by an appropriate telecommunications engineering entity approved in advance in writing by Landlord, remove all details of the Telecommunications EquipmentLines serving Tenant in the Building which details shall include all appropriate plans, schematics, and specifications; and (ii) if Landlord so elects, after written notice to Tenant of same, immediately undertake the operation, repair and maintenance of the Telecommunications Lines serving Tenant in the Building; and (iii) upon the termination of this lease for any reason, or upon expiration of this lease, immediately, after written notice to Tenant of the same, effect the complete removal of all or any portion or portions of the Telecommunications Lines serving Tenant in the Building and repair any damage caused thereby, and restore the roof to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Net2000 Communications Inc)

Telecommunications. Except as provided hereinbelow, (a) Tenant and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have no right of access to and within the Building, for the installation and operation of telecommunications systems, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications within the Building and from the Building to any other location without Landlord’s prior written consent. All providers of Telecommunications Services shall be required to comply with the rules and regulations of the Building, applicable Laws and Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord shall may not be required to provide or arrange for install any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment Facilities on the roof of the Building (collectivelyor in any risers, shafts, equipment rooms or any other part of the Building, except as expressly provided below. If Tenant desires to install, operate or maintain any such telecommunication facilities within the Building and Landlord is willing to permit such installation and operation, Tenant shall enter into a separate Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance License Agreement with all applicable laws and Landlord’s requirements for property and roof maintenance and repair. Notwithstanding the above, Tenant may place such install, maintain, replace, remove, and use Telecommunications Equipment on Lines within the roof of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and Premises, subject to the provisions following: (1) the Telecommunication Lines shall use the existing facilities and telecommunications pathways located within the Premises for such Telecommunications Lines, including any existing equipment and telecommunications rooms or closets and conduits designated by Landlord to service the Premises; (2) Tenant at the origination point, every twenty-five (25) feet thereafter and at the termination point shall label the Telecommunication Lines placed within the Premises and in the telecommunications pathways and in each telecommunications room or closet through which the Telecommunication Lines pass, with identification information including, but not limited to, the floor where cable originates and floor and room where cable terminates, the name of Article 8 of this Leasethe Tenant, and any other information as may be required by the Telecommunications Equipment Building Rules; (3) Tenant shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon any earlier termination of the Lease, Tenant shallobtain, at Tenant’s its sole cost and expense expense, prior to construction and subject work, any necessary federal, state, and municipal permits, licenses and approvals, copies of which will be delivered to the control Landlord prior to commencement of construction and direction from work; and (4) all Telecommunication Lines shall satisfy all applicable Laws, including building codes, and have sufficient insulation to minimize any Interference. Upon request by Landlord, remove the Telecommunications EquipmentTenant shall provide Landlord with detailed plans, repair and damage caused therebyschematics, and restore specifications identifying the roof to Telecommunication Lines located or placed within the Premises. Landlord disclaims all responsibility for the condition existing prior to the installation or utility of the Telecommunications Equipmentintra-building cabling network, reasonable wear and tear exceptedmakes no representation regarding the suitability of such network for Tenant’s intended use.

Appears in 1 contract

Samples: Office Lease Agreement (Cempra Holdings, LLC)

Telecommunications. Except as provided hereinbelow, Tenant and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have no right of access to and within the Building, for the installation and operation of telecommunications systems, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications within the Building and from the Building to any other location without Landlord’s prior written consent. All providers of Telecommunications Services shall be required to comply with the rules and regulations of the Building, applicable Laws and Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof of the Building (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlord, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

Telecommunications. Except as provided hereinbelowTenant, Tenant and its Tenant’s telecommunications companies, including including, but not limited to, local exchange telecommunications companies and alternative access vendor services companies, companies shall have no right of access to and within the Building, for the installation and operation of telecommunications systems, including including, but not limited to, voice, video, data, Internet, and any other telecommunications services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”)systems, for part or all of Tenant’s telecommunications within the Building and from the Building to any other location location, without Landlord’s prior written consent. All providers of Telecommunications Services shall be required to comply with the rules and regulations of the Building, applicable Laws and Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord consent (which consent shall not be required to provide unreasonably withheld or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installationdelayed, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Servicesunreasonably conditioned). Notwithstanding the foregoing any provisions of this Section 13.19 to the contrary, if and provided Tenant requires obtains Landlord’s prior written consent as aforesaid, Tenant may make, or perform, certain installations, affecting Tenant’s telecommunications system(s), including a new IT infrastructure upgrade, provided that: (i) any such installation only affect the installation Premises; (ii) no such installations affect any of one the Building mechanical, electrical or more satellite dishes plumbing systems, (iii) Tenant shall promptly repair and restore any damage caused by any such installation; and (iv) upon Landlord’s request, at the earlier termination or other data transmission equipment expiration of this Lease, Tenant shall remove such IT infrastructure, and restore the Premises to the condition that existed on the date of this Lease, reasonable wear and tear and casualty and contemplation excepted. Notwithstanding the foregoing, Tenant, and Tenant’s telecommunications companies, including, but not limited to, local exchange telecommunications companies and alternative access vendor services companies, shall have the right, at Tenant’s cost and expense, to install and maintain on the roof of the Building, and/or in other locations, and in areas in the Building (collectively, the “Telecommunications Equipment”including in chases and risers), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location as reasonably approved by Landlord. The installation of , a wireless telecommunications system to provide faster internet service to the Telecommunications Equipment shall constitute an Alteration and shall Premises (the “Wireless Telecommunication”), such work to be performed in accordance with plans approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed, and subject which work involving the roof, is to be earned out by Landlord’s contractor’s, and /or Tenant’s contractors (reasonably approved by Landlord), in each case, at Tenant’s cost and expense. Tenant shall also be responsible for, and repair, all damage to the provisions of Article 8 of this Leaseroof, and to the Telecommunications Equipment shall be treated for all purposes of Building, caused by, or resulting from, the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by TenantWireless Telecommunication installation. Upon the expiration of the Term or upon any earlier termination of the LeaseTerm, if Landlord elects, Tenant shallwill have the Wireless Telecommunication equipment and system, at Tenant’s sole cost within, and expense exclusively serving, the Premises, removed, and subject to the control of Tenant shall have any and direction from Landlord, remove the Telecommunications Equipment, repair and all damage caused therebyby the original installation, and restore by the roof removal, repaired and restored to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear exceptedits original condition.

Appears in 1 contract

Samples: Lease (Social Capital Suvretta Holdings Corp. I)

Telecommunications. Except as provided hereinbelowhereafter, Tenant and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have no right of access to and within the Building, for the installation and operation of telecommunications systems, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications within the Building and from the Building to any other location without Landlord’s prior written consent, which consent, subject to the availability of capacity and access therefor at the Building, shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, all telecommunications companies currently or in the future providing Telecommunication Services to the Building shall, subject to available capacity, have the right to access the Building for purposes of providing Telecommunications Services to the Premises. Landlord represents that as of the date hereof, Comcast, Verizon, DirectTV, AT&T, Towerstream and Cypress Communications all provide Telecommunications Services to the Building (and that Optimum Lightpath will be permitted access to the Building to provide Telecommunications Services by December 15, 2013). All providers of Telecommunications Services shall be required to comply with the rules and regulations of the Building, applicable Laws and Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing Subject to the contrary, if Tenant requires the installation terms of one or more satellite dishes or other data transmission equipment on the roof of the Building (collectively, the “Telecommunications Equipment”this Section 26(s), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions availability of Article 8 of this Leaseaccess points in the Building, and the Telecommunications Equipment shall be treated for all purposes Landlord consents to Tenant’s use of the Lease as if the same were Building’s shared telephone switch and PBX through Cypress Communications, and, at no cost to Landlord, shall enter into an access agreement with Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlord, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear exceptedpreferred fiber provider.

Appears in 1 contract

Samples: Office Lease Agreement (Kid Brands, Inc)

Telecommunications. Except as provided hereinbelow, Tenant acknowledges and its agrees that all telephone and telecommunications companies, including local exchange telecommunications companies services desired by Tenant shall be ordered and alternative access vendor services companies, shall have no right utilized at the sole expense of access to and within the Building, for the installation and operation Tenant. All installations of telecommunications systemsequipment and wires shall be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. Unless Landlord otherwise requests or consents in writing, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications equipment shall be and remain solely in the Premises and the telephone closet(s) on the floor(s) on which the Premises is located, in accordance with rules and regulations adopted by Landlord from time to time. Landlord shall have no responsibility for the maintenance of Tenant’s telecommunications equipment, including wire; nor for any wiring or other infrastructure to which Tenant’s telecommunications equipment may be connected. Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued from any cause whatsoever, whether or not such loss, or damage results from any fault, default, negligence, act or omission of Landlord or its agents, servants, employees, or any other person for whom Landlord is in law responsible, Landlord shall have no obligation or liability with respect thereto and it shall be the sole obligation of Tenant at its expense to obtain substitute service. Landlord shall have the right, upon reasonable prior notice to Tenant, to interrupt or turn off telecommunications facilities in the event of emergency or as necessary in connection with the operation of the Building or installation of telecommunications equipment for other tenants of the Building; provided, however, in the event of an interruption or shut down due to any circumstance other than a event of emergency, Landlord shall use its best efforts to obtain Tenant’s prior consent and to coordinate such interruption or shut down with Tenant so as to avoid any material adverse effect on Tenant’s business or operations. Any and all telecommunications equipment installed in the Premises or elsewhere in the Building by or on behalf of Tenant, including wiring or other facilities for telecommunications transmittal, shall be removed prior to the expiration or earlier termination of the Term, by Tenant at its sole cost or, at Landlord’s election, by Landlord at Tenant’s sole cost, with the cost thereof to be paid as Additional Rent. Landlord shall have the right, however, upon written notice to Tenant given no later than ten (10) days prior to the expiration or earlier termination of the Term, to require Tenant to abandon and leave in place, without additional payment to Tenant or credit against Base Rent or Additional Rent, any and all telecommunications wiring and related infrastructure, or selected components thereof, whether located in the Premises or elsewhere in the Building. In the event that Tenant wishes at any time to utilize the services of a telephone or telecommunications provider whose equipment is not then servicing the Building, no such provider shall be permitted to install its lines or other equipment within the Building without first securing the prior written approval of the Landlord. Landlord’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord’s satisfaction, it shall be reasonable for Landlord to refuse to give its approval: (i) Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the provider, the provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the provider; (iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the tenants of the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to alterations as described in Article 9 of this Lease; (iv) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the provider’s equipment and materials; (v) the provider agrees to abide by Landlord’s requirements, if any, that provider use existing Building conduits and pipes or use building contractors (or other contractors approved by Landlord); (vi) Landlord receives from the provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the provider’s equipment, for the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord detailed “as built” plans immediately after the installation of the provider’s equipment is complete; and (viii) all of the foregoing matters are documented in a written license or other agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord. Notwithstanding any provision of the preceding paragraphs to the contrary, the refusal of the Landlord to grant its approval to any prospective telecommunications provider shall not be deemed a default or breach by Landlord of its obligation under this Lease unless and until Landlord is adjudicated to have acted recklessly or maliciously with respect to Tenant’s request for approval, and in that event, Tenant shall still have no right to terminate the Lease or claim an entitlement to rent abatement, but may as Tenant’s sole and exclusive recourse seek a judicial order of specific performance compelling Landlord to grant its approval as to the prospective provider in question. The provisions of this paragraph may be enforced solely by Tenant and Landlord, are not for the benefit of any other location party, and specifically but without limitation, no telephone or telecommunications provider shall be deemed a third party beneficiary of this Lease. Tenant shall not utilize any wireless communications equipment (other than usual and customary cellular telephones), including antennae and satellite receiver dishes, within the Premises or the Building, without Landlord’s prior written consent. All providers of Telecommunications Services shall Such consent may be required conditioned in such a manner so as to comply with protect Landlord’s financial interests and the rules and regulations interests of the Building, applicable Laws and the other tenants therein, in a manner similar to the arrangements described in the immediately preceding paragraphs. In the event that telecommunications equipment, wiring and facilities installed by or at the request of Tenant within the Premises, or elsewhere within the Building causes interference to equipment used by another party, Tenant shall assume all liability related to such interference, Tenant shall use reasonable efforts, and shall cooperate with Landlord and other parties, to promptly eliminate such interference. In the event that Tenant is unable to do so, Tenant shall substitute alternative equipment which remedies the situation. If such interference persists, Tenant shall discontinue the use of such equipment, and, at Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof of the Building (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlorddiscretion, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof such equipment according to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear exceptedforegoing specifications.

Appears in 1 contract

Samples: Office Lease Agreement (Sunpower Corp)

Telecommunications. Except as provided hereinbelowdetailed in Subtenant’s Work Conceptual Plans (as defined in the Work Letter attached hereto as Exhibit I, Tenant and neither Subtenant nor its telecommunications companiescontractors, including local exchange telecommunications companies and alternative access vendor services companiesrepresentatives, or service providers shall, without Sublandlord’s prior written consent (which consent shall have no right of access to and within the Buildingnot be unreasonably withheld, conditioned or delayed), install, maintain, operate, alter, repair, or replace any wire, cable, conduit, antenna, satellite dish or other facility or equipment for the installation and operation of telecommunications systemsuse in connection with any telephone, including voicetelevision, videotelecommunications, datacomputer, Internet, and any or other communications or electronic systems, services provided over wireor equipment (which systems, fiber optic, microwave, wirelessservices, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications within the Building and from the Building equipment are referred to any other location without Landlord’s prior written consent. All providers of Telecommunications Services shall be required to comply with the rules and regulations of the Building, applicable Laws and Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof of the Building (collectively, the collectively as “Telecommunications Equipment”)) in, then upon thirty (30) days advance written notice on, or about any Building or the roofs or exterior walls. Without limiting the generality of the foregoing, Sublandlord shall have the right to Landlord limit the number of carriers, vendors, or other operators providing Telecommunications Equipment in or to the Project, as deemed reasonably necessary or appropriate by Sublandlord for the orderly and subject efficient management and operation of the Project. Any determination made by Sublandlord under this Paragraph shall be made in accordance with Sublandlord’s sole discretion, provided, however, that with regard to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such any request by Subtenant to install Telecommunications Equipment on the roof of a Building, Subtenant agrees that Sublandlord may, without limitation, condition its consent on the Premises installation by Subtenant, at its sole cost and expense, of a structural platform and/or access walkway to protect the roof from damage from the placement of and access to such Telecommunications Equipment. Sublandlord may also require (i) that any such work on or involving the roof (and including, without limitation, any roof penetrations approved by Sublandlord) be performed, at Subtenant’s cost, by a contractor designated or approved by Sublandlord; (ii) Subtenant’s obtaining and paying for all costs associated with obtaining proper clearances for personnel involved in erecting, operating, or maintaining such Telecommunications Equipment from the Department of the Air Force or Onizuka Air Station; (iii) Subtenant’s obtaining Onizuka Air Station approval to erect any Radio Frequency Emitters, antenna towers, or antenna arrays so as to avoid radio frequency interference; (iv) Subtenant’s compliance with any additional requirement of the Department of the Air Force and/or Onizuka Air Station; and (v) proper evidence of compliance with all requirements of the Master Lease. In addition, if Sublandlord determines that the riser or telecommunications closet space in a location reasonably approved Building is inadequate to accommodate any Telecommunications Equipment proposed by Landlord. The installation Subtenant along with the existing and/or future needs of other occupants and users of the Building and/or the Project, Sublandlord may condition Sublandlord’s approval of Subtenant’s Telecommunications Equipment shall constitute an Alteration and on the construction of additional riser or telecommunications closet space as designated by Sublandlord at Subtenant’s expense. Any installation, maintenance, operation, alteration, repair, or replacement of Telecommunications Equipment by or for Subtenant shall be performed in accordance with and subject to all of the requirements and provisions of Article 8 of this Sublease and the Master Lease, and shall not interfere with the operation (including, without limitation, transmissions, or reception) of any other Telecommunications Equipment located in the Project. Subtenant acknowledges that there is limited space and facilities in the Buildings to accommodate Telecommunications Equipment, and agrees to reasonably cooperate with Sublandlord and with other providers and users of Telecommunications Equipment to share the available space and facilities and to coordinate the efficient collocation of Telecommunications Equipment in the Project. Access to and use of space within conduit, utility closets, risers, raceways, switching rooms, the roof, and other facilities in the Buildings for the installation, maintenance, operation, alteration, repair, or replacement of Telecommunications Equipment shall be treated for subject to Sublandlord’s reasonable approval and to such rules and regulations as may be promulgated by Sublandlord from time to time. Subtenant shall repair any damage caused by Subtenant’s installation, maintenance, operation, alteration, repair, or replacement of Telecommunications Equipment, and shall indemnify, protect, defend, and hold Sublandlord harmless from all purposes liabilities, claims, costs, expenses, and damages arising therefrom or in connection therewith, including, without limitation: (i) any claims by other tenants of the Lease as if Project or other third parties that Subtenant’s installation, maintenance, operation, alteration, repair, or replacement of Telecommunications Equipment has caused interference or interruption with the same were Tenantoperation of other Telecommunications Equipment; and (ii) any voiding of or other effect that Subtenant’s property. The cost installation, maintenance, operation, alteration, repair, or replacement of Telecommunications Equipment may have on any warranty with respect to the roof or other portions of the Project. Sublandlord shall not be liable for any damage to or interference with Subtenant’s business or any loss of income from it, or for loss of or damage to Subtenant’s Telecommunications Equipment caused by or resulting from any damage to or interference with Subtenant’s Telecommunications Equipment, or the operation of it, including without limitation, damage, or interference caused by or resulting from the installation, maintenance, operation, alteration, repair, or replacement of other Telecommunications Equipment in the Project, whether by or for Sublandlord, other tenants of the Project, or other third parties, and Subtenant waives all costs claims against Sublandlord for it, except that Sublandlord shall indemnify, protect, defend, and hold Subtenant harmless from all liabilities, claims, costs, expenses, and damages (excluding lost profits and other consequential damages) to the extent arising out of installingor in connection with the active negligence or willful acts of Sublandlord or its agents, maintaining and removing the employees, or representatives. Sublandlord’s approval of Subtenant’s installation of any Telecommunications Equipment shall be borne solely by Tenant. Upon not constitute a representation that any such Telecommunications Equipment will function effectively in or on the expiration of the Term or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlord, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear exceptedBuilding.

Appears in 1 contract

Samples: Ariba Inc

Telecommunications. Except as provided hereinbelow, Tenant and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have no right of access to and within the BuildingBuildings, for the installation and operation of telecommunications systems, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications within the Building Buildings and from the Building to any other location without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Subject to Landlord’s consent as to placement, Landlord shall permit the provider of Tenant’s Telecommunication Services access from a public right of way to the Building and within the Building to the Premises, provided such provider (1) does not utilize an excessive portion of the riser space in the Building, as reasonably determined by Landlord, and (2) enters into an agreement with Landlord covering the matters in this Section 23(q) and such other matters as Landlord shall reasonably require. All providers of Telecommunications Services shall be required to comply with the rules and regulations of the BuildingBuilding and the Project, applicable Laws and Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing Landlord shall not require Tenant’s Telecommunications Service providers to the contrarypay Landlord any fees or percentage of receipts in connection with any Telecommunications Services provided to Tenant, if Tenant requires the installation of one or more satellite dishes or unless such providers seek to provide services to other data transmission equipment on the roof occupants of the Building (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance which shall only be done with all applicable laws and Landlord’s requirements for property consent and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof payment of the Premises in a location reasonably approved by fees acceptable to Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlord, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear excepted).

Appears in 1 contract

Samples: Lease Agreement (Omega Protein Corp)

Telecommunications. Except as provided hereinbelow, Tenant and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have no right of access to and within the Building, for the installation and operation of telecommunications systems, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems ("Telecommunications Services"), for part or all of Tenant’s 's telecommunications within the Building and from the Building to any other location without Landlord’s 's prior written consent, which shall not be unreasonably withheld, delayed or conditioned; provided that such review and approval rights shall not apply with respect to minor repairs and replacements within the Premises. Additionally, Landlord's prior consent must be obtained prior to any digging into the surface of the Project for installation of Telecommunications Services, and all such buried wiring or equipment shall (i) be considered part of Tenant's Off-Premises Equipment, and (ii) removed by Tenant upon the expiration or earlier termination of this Lease (with all landscaping restored to its prior condition). All providers of Telecommunications Services shall be required to comply with the rules and regulations of the Building, applicable Laws and Landlord’s commercially reasonable 's policies and practices for the Building. Landlord shall allocate to Tenant and its providers of Telecommunications Services Tenant’s Proportionate Share of space (in risers, conduits and similar infrastructure) for Tenant’s Telecommunication Services, shall cooperate with Tenant’s selected telecommunications carriers. Except for Landlord’s actual, out-of-pocket costs, Landlord shall not charge any fee to Tenant or any service provider to Tenant for access to and use of the space allocated by this Lease to Tenant within the Project for installation of equipment related to Telecommunications Services (whether inside or outside the Building), and the terms of any access agreement required by Landlord for such service providers shall be reasonable so as to promote efficient and cost-effective service to Tenant. Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating theretothereto but shall reasonably cooperate with Tenant in obtaining Telecommunication Services to the Premises. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing to the contraryLandlord shall not, if Tenant requires the installation of one and shall not permit any other Landlord Party to, interfere with Tenant’s telecommunications system or more satellite dishes or other data transmission equipment on the roof any of the Building (collectivelycomponents or wiring relating thereto, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and TenantTenant shall not interfere with any other Project tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof existing telecommunications system or any of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term components or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlord, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof to the condition existing wiring relating thereto installed prior to the installation date on which Tenant installs its equipment. Notwithstanding anything to the contrary in this subsection, Tenant shall coordinate with Landlord's riser manager all work that affects or involves the Building's risers, conduits, or similar infrastructure; Landlord's actual, out-of-pocket costs incurred for the services of the Telecommunications Equipment, reasonable wear and tear exceptedsuch riser manager shall be reimbursed by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Blucora, Inc.)

Telecommunications. Except as provided hereinbelow, Tenant Telephone and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall not be furnished by Landlord. Landlord shall have no right of exclusive access to the Building telephone riser cable and within all other telephone or communications cables or wiring, junction boxes, wire conduits and associated facilities and equipment serving the Premises and other premises in the Building, to the point of connection to Tenant’s communications equipment and all telephone and communications closets in the Building; provided, however, that upon reasonable prior notice thereof to Landlord, Landlord shall provide such reasonable access to such cables or other equipment or facilities as may be necessary for Tenant to complete its Tenant’s Work or to repair or maintain Tenant’s telephone or telecommunications services. All telephone and other telecommunications connections which Tenant may desire shall be first approved by Landlord in writing (which approval shall not be unreasonably withheld), before the installation and operation of telecommunications systems, including voice, video, data, Internetsame are installed, and any other services provided over wirethe location of all wires and the work in connection therewith shall be performed by contractors approved by Landlord (which approval shall not be unreasonably withheld) and shall be subject to the direction of Landlord; provided, fiber optichowever, microwave, wireless, that Landlord hereby consents to Tenant’s performance of such telephone and any other transmission systems (“Telecommunications Services”), for telecommunications work that shall form a part or all of Tenant’s Work, subject to Tenant’s compliance with Exhibit B, and provided, further, that Tenant may perform ordinary repair and maintenance of its telephone and telecommunications systems within the Building and from interior of the Building to any other location Premises without Landlord’s prior written consent. All providers Tenant reserves the right to designate the entity or entities providing telephone or other communication cable installation, operation, repair and maintenance for the Premises subject to obtaining Landlord’s prior consent thereto (which consent shall not be unreasonably withheld, conditioned or delayed so long as the Tenant’s use of Telecommunications Services such service provider would not, in Landlord’s reasonable judgment, adversely affect operations at the Building or otherwise result in any increase in Landlord’s costs or expenses); provided that Landlord shall have the right to impose reasonable controls and to reasonably restrict and control access to telephone cabinets and risers at the Building and to require all such access to be required to comply coordinated with the Building’s riser manager. Tenant agrees to abide by any and all rules and regulations of established by Landlord from time to time relative to telephone riser management at the Building, applicable Laws and Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges Building (provided that Landlord shall not discriminate in its enforcement of such rules and regulations as and to the extent provided in Section 12 below). Tenant shall be required responsible for and shall pay all costs incurred in connection with the installation of telephone or other telecommunications cables and related wiring in the Premises or Building, including, without limitation, any hook-up, access and maintenance fees related to provide the installation of such wires and cables in the Premises or arrange Building and the commencement of service therein, and the maintenance thereafter of such wire and cables; and there shall be included in Expenses for the Building all installation, hook-up or maintenance costs incurred by Landlord in connection with telephone or other telecommunications cables and related wiring in the Building which are not allocable to any Telecommunications Services individual users of such service but are allocable to the Building generally. If Tenant fails to maintain all telephone or other telecommunications cables and that related wiring in the Premises and such failure affects or interferes with the operation or maintenance of any other telephone or other telecommunications cables or related wiring in the Building, Landlord or any vendor hired by Landlord may, upon reasonable prior notice, enter into and upon the Premises forthwith and perform such repairs, restorations or alterations as Landlord deems necessary in order to eliminate any such interference (and Landlord may recover from Tenant all of Landlord’s costs in connection therewith and Landlord shall have no liability to Tenant by reason thereof). Upon the Expiration Date or earlier termination of this lease or Tenant’s right to possession of the Premises, Tenant agrees, to the extent required by Laws, to remove all telephone and other telecommunications, cables and related wiring installed by Tenant. Tenant agrees that neither Landlord nor any Tenant Party in connection with the installationof its agents or employees shall be liable to Tenant, operation or maintenance of Telecommunications Services or any equipment of Tenant’s employees, agents customers or facilities relating thereto. invitees or anyone claiming through, by or under Tenant, for any damages, injuries, losses, expenses, claims or causes of action because of any interruption, diminution, delay or discontinuance at its cost and any time for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding any reason in the foregoing furnishing of any telephone or other telecommunications service to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof of Premises and the Building (collectivelyexcept due to the intentional, the “Telecommunications Equipment”bad faith conduct of Landlord or its agents or employees), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repairprovided that the foregoing is subject, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject any event, to the provisions terms of Article 8 of Section 16(f) below). Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right (but in no event shall Tenant be obligated) to install, operate and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon any earlier termination of the Lease, Tenant shallmaintain, at Tenant’s sole cost and expense expense, a telco room (the “Telco Room”) within the Premises, for Tenant’s exclusive use, which Telco Room shall contain Tenant’s telephone and network communications equipment. Tenant shall install such Telco Room in a location mutually agreed upon by Landlord and Tenant. The installation of the Telco Room shall be included in the Plans for the Tenant’s Work pursuant to the Workletter and subject to the control of and direction from Landlord’s prior written approval, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof not to be unreasonably withheld. Landlord shall have reasonable access to the condition existing Telco Room upon reasonable prior written or oral notice thereof to the installation of the Telecommunications Equipment, reasonable wear and tear exceptedTenant.

Appears in 1 contract

Samples: Office Lease (Ulta Salon, Cosmetics & Fragrance, Inc.)

Telecommunications. Except as provided hereinbelow, All telephone and telecommunications services desired by Tenant shall be ordered and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have no right utilized at the sole expense of access to and within the Building, for the installation and operation Tenant. All installations of telecommunications systemsequipment and wires shall be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. Unless Landlord otherwise requests or consents in writing, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications within equipment shall be and remain solely in the Building Premises. Landlord shall have no responsibility for the maintenance of Tenant’s telecommunications equipment, including wire; nor for any wiring or other infrastructure to which Tenant’s telecommunications equipment may be connected. Any and from all telecommunications equipment installed in the Building Premises by or on behalf of Tenant, including wiring or other facilities for telecommunications transmittal, shall be removed prior to the expiration or earlier termination of the Term, by Tenant at its sole cost or, at Landlord’s election, by Landlord at Tenant’s sole cost. Tenant shall not utilize any wireless communications equipment (other location than usual and customary cellular telephones), including antennae and satellite receiver dishes, in or on the Premises, without Landlord’s prior written consent. All providers of Telecommunications Services shall Such consent may be required conditioned in such a manner so as to comply with protect Landlord’s financial interests and the rules and regulations interests of the BuildingPremises, applicable Laws in a manner similar to the arrangements described in the immediately preceding paragraphs. In the event that telecommunications equipment, wiring and facilities installed by or at the request of Tenant within the Premises causes interference to equipment used by another party, Tenant shall assume all liability related to such interference, Tenant shall use reasonable efforts, and shall cooperate with Landlord and other parties, to promptly eliminate such interference. In the event that Tenant is unable to do so, Tenant shall substitute alternative equipment that remedies the situation. If such interference persists, Tenant shall discontinue the use of such equipment, and, at Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof of the Building (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlorddiscretion, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof such equipment according to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear exceptedforegoing specifications.

Appears in 1 contract

Samples: Commercial Lease Agreement

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Telecommunications. Except as provided hereinbelow, All telephone and telecommunications services desired by Tenant shall be ordered and its utilized at the sole expense of Tenant. All installations of telecommunications companies, including local exchange telecommunications companies equipment and alternative access vendor services companies, wires shall be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. Landlord shall have no right of access to and within the Building, responsibility for the installation and operation of telecommunications systems, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all maintenance of Tenant’s telecommunications within equipment, including wire; nor for any wiring or other infrastructure to which Tenant’s telecommunications equipment may be connected. Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued from any cause whatsoever, Landlord shall have no obligation or liability with respect thereto unless such interruption is caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors. Any and all telecommunications equipment installed in the Premises or elsewhere in the Building by or on behalf of Tenant, including wiring or other facilities for telecommunications transmittal, shall be removed prior to the expiration or earlier termination of the Term, by Tenant at its sole cost. Tenant shall not utilize any wireless communications equipment (other than usual and from customary cellular telephones), including antennae and satellite receiver dishes, in or on the Building to any other location Building, without Landlord’s prior written consent. All providers of Telecommunications Services shall Such consent may be required conditioned in such a manner so as to comply with protect Landlord’s financial interests and the rules and regulations interests of the Building, applicable Laws and the other Tenants therein, in a manner similar to the arrangements described in the immediately preceding paragraphs. In the event that Tenant wishes at any time to utilize the services of a telephone or telecommunications provider whose equipment is not then servicing the Building, no such provider shall be permitted to install its lines or other equipment within the Building without first securing the prior written approval of the Landlord. Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord approval shall not be required deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to provide the suitability, competence, or arrange for any Telecommunications Services financial strength of the provider. In the event that telecommunications equipment, wiring and facilities installed by or at the request of Tenant within the Premises causes interference to equipment used by another party, Tenant shall assume all liability related to such interference, Tenant shall use reasonable efforts, and shall cooperate with Landlord and other parties, to promptly eliminate such interference. In the event that Landlord Tenant is unable to do so, Tenant shall have no liability to any substitute alternative equipment that remedies the situation. If such interference persists, Tenant Party in connection with shall discontinue the installationuse of such equipment, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenantand, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof of the Building (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlorddiscretion, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof such equipment according to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear exceptedforegoing specifications.

Appears in 1 contract

Samples: Lease Agreement

Telecommunications. Except as provided hereinbelow, Tenant and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, A. Owner shall have no right obligation to provide Tenant with any telecommunication services or facilities to or for the Demised Premises or the use or occupancy thereof by Tenant or any person through or under Tenant. With respect to Tenant's telecommunications facilities and services, Tenant shall contract separately with all providers of access Tenant's telecommunications facilities and services (each of which is referred to as a "Tenant's Telecommunications Service Provider") and within pay each Tenant's Telecommunications Service Provider for all services provided by it to Tenant pursuant to a separate agreement between Tenant and Tenant's Telecommunications Service Provider. Neither Tenant nor Tenant's Telecommunications Service Provider shall use any portion of the Building, for including any risers, shafts, conduits or other facilities, to bring such telecommunications services to the installation Demised Premises without the prior written consent of Owner in each instance including, but not limited to, the location of any of Tenant's or Tenant's Telecommunications Service Provider's cables, wires and operation conduits. Subject to the provisions of Subsection B below, Owner shall not unreasonably withhold its consent to the use of the Building's shafts by Tenant or Tenant's Telecommunications Service Provider to allow Tenant's Telecommunication Service Provider to bring telecommunications systemsservices to the Demised Premises provided that any such use shall (i) be subject to (x) space requirements and uses in the Building, including voicewithout limitation, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications within the available "riser capacity" in the Building and from the Building to any other location without Landlord’s prior written consent. All providers anticipated needs of Telecommunications Services shall be required to comply with prospective tenants and existing tenants for using such shafts and (y) all of the rules and regulations imposed by Owner with respect to the Building's shafts or other telecommunications facilities and the installation, use, operation and maintenance of any telecommunications facilities, and (ii) shall not interfere with any other tenant or occupant of the Building, applicable Laws and Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof of the Building (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlord, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Agreement of Lease (Langer Inc)

Telecommunications. Except as provided hereinbelow, All telephone and telecommunications services desired by Tenant shall be ordered and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have no right utilized at the sole expense of access to and within the Building, for the installation and operation Tenant. All installations of telecommunications systemsequipment and wires shall be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. Unless Landlord otherwise requests or consents in writing, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications within the Building and from the Building to any other location without Landlord’s prior written consent. All providers of Telecommunications Services equipment shall be required to comply and remain solely in the Premises and the telephone closet(s) on the floor(s) on which the Premises is located, in accordance with the rules and regulations of the Building, applicable Laws and Landlord’s commercially reasonable policies and practices for the Buildingadopted by Landlord from time to time. Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no responsibility for the maintenance of Tenant’s telecommunications equipment, including wire; nor for any wiring or other infrastructure to which Tenant’s telecommunications equipment may be connected. Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued from any cause whatsoever, Landlord shall have no obligation or liability with respect thereto unless such interruption is caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors. Landlord shall have the right, upon reasonable prior notice to Tenant, to interrupt or turn off telecommunications facilities at any Tenant Party time in the event of emergency and at any time other than normal Building hours as necessary in connection with the installation, operation of the Building or maintenance installation of Telecommunications Services telecommunications equipment for other tenants of the Building. Any and all telecommunications equipment installed in the Premises or any equipment elsewhere in the Building by or facilities relating thereto. on behalf of Tenant, at its cost and including wiring or other facilities for its own accounttelecommunications transmittal, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing removed prior to the contrary, if Tenant requires the installation of one expiration or more satellite dishes or other data transmission equipment on the roof earlier termination of the Building (collectivelyTerm, by Tenant at its sole cost or, at Landlord’s election, by Landlord at Tenant’s sole cost. Landlord shall have the “Telecommunications Equipment”), then right upon thirty (30) days advance written notice to Landlord and subject Tenant given no later than ten (10) days prior to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon at any earlier termination time after a default under this Lease, to require Tenant to abandon and leave in place, without additional payment to Tenant or credit against Base Rent or Additional Rent, any and all telecommunications wiring and related infrastructure, or selected components thereof, located in the Building. In the event that Tenant wishes at any time to utilize the services of a telephone or telecommunications provider whose equipment is not then servicing the Building, no such provider shall be permitted to install its lines or other equipment within the Building without first securing the prior written approval of the Lease, Tenant shall, at TenantLandlord. Landlord’s sole cost and expense and subject to the control approval shall not be deemed any kind of and direction from warranty or representation by Landlord, remove the Telecommunications Equipmentincluding, repair and damage caused therebywithout limitation, and restore the roof to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear excepted.any warranty or

Appears in 1 contract

Samples: Lease Agreement (Website Pros Inc)

Telecommunications. Except as provided hereinbelowTenant acknowledges and agrees that all telephone and telecommunications services desired by Tenant shall be ordered and utilized at the sole expense of Tenant. All installations of telecommunications equipment and wires shall be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. Unless Landlord otherwise requests or consents in writing, Tenant all of Tenant's telecommunications equipment shall be and its telecommunications companiesremain solely in the Premises and the telephone closet(s) on the floor(s) on which the Premises is located, including local exchange telecommunications companies in accordance with rules and alternative access vendor services companies, regulations adopted by Landlord from time to time. Landlord shall have no right responsibility for the maintenance of access Tenant's telecommunications equipment, including wire; nor for any wiring or other infrastructure to which Tenant's telecommunications equipment may be connected. Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued from any cause whatsoever, whether or not such loss, or damage results from any fault, default, negligence, act or omission of Landlord or its agents, servants, employees, or any other person for whom Landlord is in law responsible, Landlord shall have no obligation or liability with respect thereto and within it shall be the sole obligation of Tenant at its expense to obtain substitute service. Landlord shall have the right, upon reasonable prior notice to Tenant, to interrupt or turn off telecommunications facilities in the event of emergency or as necessary in connection with the operation of the Building or installation of telecommunications equipment for other tenants of the Building. Any and all telecommunications equipment installed in the Premises or elsewhere in the Building by or on behalf of Tenant, including wiring or other facilities for telecommunications transmittal, shall at Landlord's request be removed prior to the expiration or earlier termination of the Term, by Tenant at its sole cost or, at Landlord's election, by Landlord at Tenant's sole cost, with the cost thereof to be paid as Additional Rent; provided, however, that Landlord shall make such request at the time it consents to the installation of such telecommunications equipment. In the event that Tenant wishes at any time to utilize the services of a telephone or telecommunications provider whose equipment is not then servicing the Building, for the installation and operation of telecommunications systems, including voice, video, data, Internet, and any no such provider shall be permitted to install its lines or other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications equipment within the Building without first securing the prior written approval of the Landlord. Landlord's approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to the suitability, competence, or financial strength of the provider. Without limitation of the foregoing standard, unless all of the following conditions are satisfied to Landlord's satisfaction, it shall be reasonable for Landlord to refuse to give its approval: (i) Landlord shall incur no expense whatsoever with respect to any aspect of the provider's provision of its services, including without limitation, the costs of installation, materials and services; (ii) prior to commencement of any work in or about the Building by the provider, the provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the proposed activities of the provider; (iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the tenants of the Building and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to alterations as described in Section 4.2 of this Lease; (iv) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the provider's equipment and materials; (v) the provider agrees to abide by Landlord's requirements, if any, that provider use existing Building conduits and pipes or use building contractors (or other contractors approved by Landlord); (vi) Landlord receives from the provider such compensation as is reasonably determined by Landlord to compensate it for space used in the Building for the storage and maintenance of the provider's equipment, for the fair market value of a provider's access to the Building, and the costs which may reasonably be expected to be incurred by Landlord; (vii) the provider agrees to deliver to Landlord detailed "as built" plans immediately after the installation of the provider's equipment is complete; and (viii) all of the foregoing matters are documented in a written license or other agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord. Notwithstanding any provision of the preceding paragraphs to the contrary, the refusal of the Landlord to grant its approval to any prospective telecommunications provider shall not be deemed a default or breach by Landlord of its obligation under this Lease unless and until Landlord is adjudicated to have acted recklessly or maliciously with respect to Tenant's request for approval, and in that event, Tenant shall still have no right to terminate the Lease or claim an entitlement to rent abatement, but may as Tenant's sole and exclusive recourse seek a judicial order of specific performance compelling Landlord to grant its approval as to the perspective provider in question. The provisions of this paragraph may be enforced solely by Tenant and Landlord, are not for the benefit of any other location party, and specifically but without limitation, no telephone or telecommunications provider shall be deemed a third party beneficiary of this Lease. Tenant shall not utilize any wireless communications equipment (other than usual and customary cellular telephones or wireless internet access), including antennae and satellite receiver dishes, within the Premises or the Building, without Landlord’s 's prior written consent. All providers of Telecommunications Services shall Such consent may be required conditioned in such a manner so as to comply with protect Landlord's financial interests and the rules and regulations interests of the Building, applicable Laws and Landlord’s commercially the other tenants therein, in a manner similar to the arrangements described in the immediately preceding paragraphs. In the event that telecommunications equipment, wiring and facilities installed by or at the request of Tenant within the Premises, or elsewhere within the Building causes interference to equipment used by another party, Tenant shall assume all liability related to such interference, Tenant shall use reasonable policies efforts, and practices for shall cooperate with Landlord and other parties, to promptly eliminate such interference. In the Buildingevent that Tenant is unable to do so, Tenant shall substitute alternative equipment which remedies the situation. If such interference persists, Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with discontinue the installationuse of such equipment, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenantand, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof of the Building (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlord's discretion, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof such equipment according to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear exceptedforegoing specifications.

Appears in 1 contract

Samples: Lease Agreement (Teamstaff Inc)

Telecommunications. Except as provided hereinbelow, Tenant acknowledges and its agrees that all telephone and telecommunications companies, including local exchange telecommunications companies services desired by Tenant will be ordered and alternative access vendor services companies, shall have no right utilized at the sole expense of access to and within the Building, for the installation and operation Tenant. All installations of telecommunications systemsequipment and wires will be accomplished pursuant to plans and specifications approved in advance in writing by Landlord. Unless Landlord otherwise requests or consents in writing, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications equipment will be and remain solely in the Premises and the telephone closet(s) on the floor(s) on which the Premises is located, in accordance with rules and regulations adopted by Landlord from time to time. Landlord will have no responsibility for the maintenance of Tenant’s telecommunications equipment, including wire, or for any wiring or other infrastructure to which Tenant’s telecommunications equipment may be connected. Tenant agrees that, to the extent any such service is interrupted, curtailed or discontinued from any cause whatsoever, whether or not such loss or damage results from any fault, default, negligence, act or omission of Landlord or its agents, servants, employees, or any other person for whom Landlord is in law responsible, Landlord will have no obligation or liability with respect thereto and it will be the sole obligation of Tenant at its expense to obtain substitute service. Landlord will have the right, upon reasonable prior notice to Tenant, to interrupt or turn off telecommunications facilities in the event of an Emergency or as necessary in connection with the operation of the Building or installation of telecommunications equipment for other tenants of the Building. Tenant will not utilize any wireless communications equipment (other than usual and customary cellular telephones), including antennae and satellite receiver dishes, within the Building and from Premises or the Building to any other location Building, without Landlord’s prior written consent. All providers of Telecommunications Services shall Such consent may be required conditioned in such a manner so as to comply with protect Landlord’s financial interests and the rules and regulations interests of the Building, applicable Laws and the other tenants therein, in a manner similar to the arrangements described in the immediately preceding paragraphs. In the event that telecommunications equipment, wiring and facilities installed by or at the request of Tenant within the Premises, or elsewhere within the Building causes interference to equipment used by another party, Tenant will assume all liability related to such interference, Tenant will use reasonable efforts, and will cooperate with Landlord and other parties, to promptly eliminate such interference. In the event that Tenant is unable to do so, Tenant will substitute alternative equipment which remedies the situation. If such interference persists, Tenant will discontinue the use of such equipment, and, at Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord shall not be required discretion, remove such equipment according to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof of the Building (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlord, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear exceptedspecifications.

Appears in 1 contract

Samples: Lease Agreement (Nextel Partners Inc)

Telecommunications. Except Neither Subtenant nor its contractors, representatives, or service providers shall, without Sublandlord's prior written consent (which consent shall not be unreasonably withheld), install, maintain, operate, alter, repair, or replace any wire, cable, conduit, antenna, satellite dish or other facility or equipment for use in connection with any telephone, television, telecommunications, computer, Internet, or other communications or electronic systems, services or equipment (which systems, services, and equipment are referred to collectively as provided hereinbelow"Telecommunications Equipment") in, Tenant and its telecommunications companieson, including local exchange telecommunications companies and alternative access vendor services companiesor about any Building or the roofs or exterior walls. Without limiting the generality of the foregoing, Sublandlord shall have no the right to limit the number of access carriers, vendors, or other operators providing Telecommunications Equipment in or to and within the BuildingProject, as deemed reasonably necessary or appropriate by Sublandlord for the installation orderly and efficient management and operation of telecommunications systemsthe Project. Any determination made by Sublandlord under this Paragraph shall be made in accordance with Sublandlord's sole discretion, including voiceprovided, videohowever, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications within the Building and from the Building that with regard to any other location without Landlord’s prior written consent. All providers of Telecommunications Services shall be required request by Subtenant to comply with the rules and regulations of the Building, applicable Laws and Landlord’s commercially reasonable policies and practices for the Building. Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof of the Building (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such install Telecommunications Equipment on the roof of a Building, Subtenant agrees that Sublandlord may, without limitation, condition its consent on (i) Subtenant's payment of rent for Subtenant's use of such roof space, at a per square foot rate equivalent to Base Rent per square foot of the Premises , and (ii) the installation by Subtenant, at its sole cost and expense, of a structural platform and/or access walkway to protect the roof from damage from the placement of and access to such Telecommunications Equipment. Sublandlord may also require (i) that any such work on or involving the roof (and including, without limitation, any roof penetrations approved by Sublandlord) be performed, at Subtenant's cost, by a contractor designated or approved by Sublandlord; (ii) Subtenant's obtaining and paying for all costs associated with obtaining proper clearances for personnel involved in erecting, operating, or maintaining such Telecommunications Equipment from the Department of the Air Force or Onizuka Air Station; (iii) Subtenant's obtaining Onizuka Air Station approval to erect any Radio Frequency Emitters, antenna towers, or antenna arrays so as to avoid radio frequency interference; (iv) Subtenant's compliance with any additional requirement of the Department of the Air Force and/or Onizuka Air Station; and (v) proper evidence of compliance with all requirements of the Master Lease. In addition, if Sublandlord determines that the riser or telecommunications closet space in a location reasonably approved Building is inadequate to accommodate any Telecommunications Equipment proposed by Landlord. The installation Subtenant along with the existing and/or future needs of other occupants and users of the Building and/or the Project, Sublandlord may condition Sublandlord's approval of Subtenant's Telecommunications Equipment shall constitute an Alteration and on the construction of additional riser or telecommunications closet space as designated by Sublandlord at Subtenant's expense. Any installation, maintenance, operation, alteration, repair, or replacement of Telecommunications Equipment by or for Subtenant shall be performed in accordance with and subject to all of the requirements and provisions of Article 8 of this Sublease and the Master Lease, and shall not interfere with the operation (including, without limitation, transmissions, or reception) of any other Telecommunications Equipment located in the Project. Subtenant acknowledges that there is limited space and facilities in the Buildings to accommodate Telecommunications Equipment, and agrees to reasonably cooperate with Sublandlord and with other providers and users of Telecommunications Equipment to share the available space and facilities and to coordinate the efficient collocation of Telecommunications Equipment in the Project. Access to and use of space within conduit, utility closets, risers, raceways, switching rooms, the roof, and other facilities in the Buildings for the installation, maintenance, operation, alteration, repair, or replacement of Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control Sublandlord's reasonable approval and to such rules and regulations as may be promulgated by Sublandlord from time to time. Subtenant shall repair any damage caused by Subtenant's installation, maintenance, operation, alteration, repair, or replacement of and direction from Landlord, remove the Telecommunications Equipment, repair and damage caused therebyshall indemnify, protect, defend, and restore hold Sublandlord harmless from all liabilities, claims, costs, expenses, and damages arising therefrom or in connection therewith, including, without limitation: (i) any claims by other tenants of the Project or other third parties that Subtenant's installation, maintenance, operation, alteration, repair, or replacement of Telecommunications Equipment has caused interference or interruption with the operation of other Telecommunications Equipment; and (ii) any voiding of or other effect that Subtenant's installation, maintenance, operation, alteration, repair, or replacement of Telecommunications Equipment may have on any warranty with respect to the roof to the condition existing prior to the installation or other portions of the Project. Sublandlord shall not be liable for any damage to or interference with Subtenant's business or any loss of income from it, or for loss of or damage to Subtenant's Telecommunications Equipment caused by or resulting from any damage to or interference with Subtenant's Telecommunications Equipment, reasonable wear or the operation of it, including without limitation, damage, or interference caused by or resulting from the installation, maintenance, operation, alteration, repair, or replacement of other Telecommunications Equipment in the Project, whether by or for Sublandlord, other tenants of the Project, or other third parties, and tear excepted.Subtenant waives all claims against Sublandlord for it, except that Sublandlord shall indemnify, protect, defend, and hold Subtenant harmless from all liabilities, claims, costs, expenses, and damages (excluding lost profits and other consequential damages) to the extent arising out of or in connection with the active negligence or willful acts of Sublandlord or its

Appears in 1 contract

Samples: Work Letter Agreement (Netscreen Technologies Inc)

Telecommunications. Except as provided hereinbelow, Tenant shall install and its telecommunications companies, including local exchange telecommunications companies maintain all required intrabuilding network cable and alternative access vendor services companies, shall have no right of access other communications wires and cables necessary to and within serve the Building, for the installation and operation of telecommunications systems, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications within the Building and Premises from the Building to any other location without Landlord’s prior written consent. All providers point of Telecommunications Services shall be required to comply with the rules and regulations of the Building, applicable Laws and Landlord’s commercially reasonable policies and practices for presence in the Building. Tenant acknowledges shall obtain any telecommunications services within the Building from vendors selected by Landlord or approved by Landlord in its sole discretion (a "Provider"). In the event that Tenant desires to obtain telecommunications services from a Provider not selected by Landlord, Tenant shall submit to Landlord a list of such proposed vendor(s) together with such other information regarding the vendors as Landlord may request, including financial information, references from at least two (2) owners of comparable projects in which the vendor has experience and a description of the vendor's business activities in downtown Bellevue. Landlord shall notify Tenant within thirty (30) Business Days of receipt of the list if Landlord approves any of Tenant's proposed vendors. Failure to notify Tenant shall be deemed disapproval. If Landlord approves any telecommunications Provider selected by Xxxxxx, the Provider must agree in writing to abide by all of Landlord's policies and procedures for telecommunications vendors and to pay for the use of any space outside the Premises needed to install the vendor's equipment at the rate established by Landlord from time to time. If Tenant desires to utilize the services of a Provider not selected by Landlord, such Provider must obtain the written consent of Landlord to the plans and specifications for its lines or equipment within the Building prior to installation in the Building and must install such lines and equipment in locations designated by Landlord. Tenant shall obtain any necessary governmental permits relating to the installation, use or operation of Provider's lines and equipment. Landlord shall provide Tenant and its Provider and contractors with reasonable access to portions of the Building outside the Premises to the extent necessary to install, maintain or replace any telecommunications equipment serving the Premises. Xxxxxxxx's consent to a Provider shall not be required deemed to provide constitute a representation or arrange warranty as to the suitability, capability or financial strength of any Provider. To the extent the service by a Provider is interrupted, curtailed or discontinued for any Telecommunications Services and that reason whatsoever, Landlord shall have no obligation or liability to any Tenant Party in connection with therewith. The provisions of this Section are solely for the installationbenefit of Tenant and Landlord, operation are not for the benefit of any third party, and no telephone or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, telecommunications provider shall be solely responsible deemed a third party beneficiary hereof. Tenant acknowledges and agrees that Landlord has not represented or warranted that Tenant will have unlimited access to riser space or other space outside the Premises for obtaining all Telecommunications Servicesthe purpose of the installing telecommunications equipment and Landlord shall have no obligation to construct or designate additional riser space or equipment space to accommodate the Tenant's or its Provider's telecommunications equipment. Tenant acknowledges that roof and riser space are a finite commodity and that Landlord may in its discretion limit Tenant's total use of such space to accommodate and take into account use of the Project systems and the needs of other Project tenants. Notwithstanding the foregoing foregoing, after Landlord has approved Tenant's TI Working Drawings pursuant to Exhibit C, --------- Landlord shall make the contrary, if Tenant requires the installation of one or more satellite dishes riser space or other data transmission equipment on the roof of the Building (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of space outside the Premises as shown in a location reasonably the approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject TI Working Drawings available to the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of Tenant throughout the Term or upon any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlord, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear excepted's expense.

Appears in 1 contract

Samples: Tenant Estoppel Agreement (Homegrocer Com Inc)

Telecommunications. Except as provided hereinbelow, Tenant shall install and its telecommunications companies, including local exchange telecommunications companies maintain all required intrabuilding network cable and alternative access vendor services companies, shall have no right of access other communications wires and cables necessary to and within serve the Building, for the installation and operation of telecommunications systems, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications within the Building and Premises from the Building to any other location without Landlord’s prior written consent. All providers point of Telecommunications Services shall be required to comply with the rules and regulations of the Building, applicable Laws and Landlord’s commercially reasonable policies and practices for presence in the Building. Tenant acknowledges shall obtain any telecommunications services within the Building from vendors selected by Landlord or approved by Landlord in its reasonable discretion (a “Provider”). In the event that Tenant desires to obtain telecommunications services from a Provider not selected by Landlord then Tenant shall submit to Landlord a list of such proposed vendor(s) together with such other information regarding the vendors as Landlord may request, including financial information, references from at least two (2) owners of comparable projects in which the vendor has experience and a description of the vendor’s business activities in downtown Bellevue. Landlord shall notify Tenant within fifteen (15) Business Days of receipt of the list (and any additional information reasonably requested by Landlord) if Landlord approves any of Tenant’s proposed vendors. Failure to notify Tenant shall be deemed disapproval. Subject to the balance of this Section 6.2, Landlord hereby approves Electric Lightwave, Inc. as a Provider. If Landlord approves any telecommunication Provider selected by Xxxxxx, the Provider must agree in writing to abide by all of Landlord’s policies and procedures for telecommunications vendors and to pay for the use of any space outside the Premises in which the Provider’s equipment is installed at the rate established by Landlord from time to time; provided, however, that the Provider shall not be required to provide pay for temporary space used only during the period of installation. The Provider shall also reimburse Landlord for the reasonable costs incurred by Landlord to build out such space. If Tenant desires to utilize the services of a Provider not selected by Landlord, such Provider must obtain the written consent of Landlord to the plans and specifications for its lines or arrange for equipment within the Building prior to installation in the Building and must install such lines and equipment in locations designated by Landlord. Tenant shall obtain any Telecommunications Services and that Landlord shall have no liability necessary governmental permits relating to any Tenant Party in connection with the installation, use or operation or maintenance of Telecommunications Services or any equipment or facilities relating theretoProvider’s lines and equipment. Tenant, at Landlord shall provide Tenant and its cost Provider and for its own account, shall be solely responsible for obtaining all Telecommunications Services. Notwithstanding the foregoing contractors with reasonable access to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof portions of the Building (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws and Landlord’s requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of outside the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions of Article 8 of this Leaseextent necessary to install, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term maintain or upon replace any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and direction from Landlord, remove the Telecommunications Equipment, repair and damage caused thereby, and restore the roof to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear excepted.telecommunications equipment serving the

Appears in 1 contract

Samples: Office Building Lease (Onyx Software Corp/Wa)

Telecommunications. Except as provided hereinbelow, Tenant and its telecommunications companies, including local exchange telecommunications companies and alternative access vendor services companies, shall have no right of access to and within the Building, for the installation and operation of telecommunications systems, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems (“Telecommunications Services”), for part or all of Tenant’s telecommunications within the Building and from the Building to any other location without Landlord’s prior written consent. All providers of Telecommunications Services shall be required to comply with the rules Rules and regulations Regulations of the Building, Building and applicable Laws and Landlord’s commercially reasonable policies and practices for the BuildingLaws. Tenant acknowledges that Landlord shall not be required to provide or arrange for any Telecommunications Services and that Landlord shall have no liability to any Tenant Party in connection with the installation, operation or maintenance of Telecommunications Services or any equipment or facilities relating thereto. Tenant, at its cost and for its own account, shall be solely responsible for obtaining all Telecommunications Services. For the purposes of this provision, “Telecommunication Services” shall mean telecommunications systems, including voice, video, data, Internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems. Notwithstanding the foregoing to the contrary, if Tenant requires the installation of one or more satellite dishes or other data transmission equipment on the roof of the Building (collectively, the “Telecommunications Equipment”), then upon thirty (30) days advance written notice to Landlord and subject to available capacity and Tenant’s compliance with all applicable laws Laws and Landlord’s reasonable requirements for property and roof maintenance and repair, Tenant may place such Telecommunications Equipment on the roof of the Premises in a location reasonably approved by Landlord. The installation of the Telecommunications Equipment shall constitute an Alteration and shall be performed in accordance with and subject to the provisions of Article 8 of this Lease, and the Telecommunications Equipment shall be treated for all purposes of the Lease as if the same were Tenant’s property. The cost of the Telecommunications Equipment and all costs of installing, maintaining and removing the Telecommunications Equipment shall be borne solely by Tenant. Upon the expiration of the Term or upon 151177627 v8 any earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense and subject to the control of and reasonable direction from Landlord, remove the Telecommunications Equipment, repair and any damage caused thereby, and restore the roof thereby to the condition existing prior to the installation of the Telecommunications Equipment, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (Sangamo Therapeutics, Inc)

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