Subject to applicable Laws, including height limitations imposed on the Building by the Federal Aviation Administration, Landlord shall provide Tenant the right to use, free of any license or rental fee for the use thereof, a reasonable amount of space on the roof of the Building not otherwise in use for equipment installed in connection with the Base Building Work and the Tenant Improvements in the location shown on [Exhibit Q] attached hereto (the “Rooftop Installation Area”) for the installation and operation of equipment serving Tenant’s operations in the Premises including for telecommunications, data transmission and other similar technologies and equipment including, without limitation, antennas and satellite dishes, one (1) emergency generator (the “Emergency Generator”), and kitchen venting equipment, together with related equipment, mountings, and supports, and the installation of other supplemental equipment needed for Tenant’s operations in the Premises and customarily installed on rooftops by tenants of comparable size in Comparable Buildings (collectively, “Tenant’s Roof Equipment”). Notwithstanding the provision of Article IX to the contrary, the height, diameter, design and installation of the Tenant’s Roof Equipment shall be subject to Landlord’s approval, not to be unreasonably withheld, conditioned or delayed; provided, however, that if Landlord reasonably determines that there is inadequate space in the Rooftop Installation Area for the Emergency Generator, Landlord may require that the Emergency Generator be installed on the Roof Terrace. It shall not be unreasonable for Landlord to determine that there is inadequate space in the Rooftop Installation Area for the Emergency Generator if the proposed plans for Tenant’s Emergency Generator do not provide for at least three (3) feet of clearance space on each side of the Emergency Generator or do not satisfy such proposed Emergency Generator’s exhaust/venting requirements. Tenant and Tenant’s contractors shall have reasonable access to the roof for the construction, installation, maintenance, repair, replacement, operation and use of Tenant’s Roof Equipment subject to Landlord’s reasonable and uniform rules requirements governing roof access of which Tenant has been given prior notice. The parties agree that Tenant’s right to utilize the roof for the installation of Tenant’s Roof Equipment shall be non-exclusive and shall be subject to the rights of the Retail Unit owner to utilize the roof as set forth in the Condominium Documents.

Except as expressly provided to the contrary in this Article XXX, all of the provisions of this Lease shall apply to the installation, use and maintenance of Tenant’s Roof Equipment, including all provisions relating to compliance with Law (including all FCC rules and regulations), insurance, indemnity, repairs and maintenance, except that the Rooftop Installation Area is not included in the Premises for the purposes of calculating Tenant’s Proportionate Share and Tenant shall not be required to pay any Base Rent to Landlord in connection with Tenant’s use of the Rooftop Installation Area. Tenant’s Roof Equipment shall not be used by third parties or leased in any way (other than to assignees and subtenants occupying the Premises as permitted under this Lease) and shall not be used for any revenue generating purpose, and Tenant’s roof rights shall not be assignable or otherwise transferable by Tenant separately from this Lease. The Tenant’s Roof Equipment shall be treated for all purposes of this Lease as Tenant’s Property and shall be removed at the expiration or earlier termination of the Term and any affected areas restored by Tenant. Landlord shall have the right, from time to time, at its sole cost and expense, to install or permit others to install additional equipment, telecommunications and other installations on the roof necessary for the operation of the Building or any Building systems (“Landlord Roof Installations”), provided that any such Landlord Roof Installations installed after the Commencement Date do not interfere with any of Tenant’s Roof Equipment installed prior to the applicable Landlord Roof Installations.