Roof Damage. Tenant shall, at Tenant’s sole cost and expense, protect the roof from damage, and shall perform all installations, repairs and maintenance and use the roof in a manner so as to keep in full force and effect any warranty concerning the roof. In all cases, Tenant shall use the roofing contractor designated by Landlord to perform any roof penetration or other work that may affect the integrity of the roof or the roof warranty. Any damage to the roof or any other portion of the Building resulting from Tenant’s installation, operation, use, maintenance or removal of the Equipment, including leakage, water damage or damage to the roof membrane, shall be repaired by Landlord at Tenant’s sole cost and expense. Tenant shall reimburse Landlord for any costs and expenses so incurred by Landlord within thirty (30) days after Landlord’s written request and copies of invoices therefor.

No Damage. The Improvements shall not have been injured or damaged by fire, explosion, accident, flood or other casualty, unless ​ shall have received insurance proceeds or other monies sufficient in the reasonable judgment of ​ to effect the satisfactory restoration of the Improvements and to permit the Completion of the Improvements prior to the Completion Date.

Damage. If prior to Closing any of the Properties are damaged by fire or other casualty, ​ shall promptly estimate the cost to repair and the time required to complete repairs and will provide ​ written notice of ​’s estimation (the “Casualty Notice”) as soon as reasonably possible after the occurrence of the casualty, but in no event more than ten (10) days after the occurrence thereof.

* LESSOR consents to LESSEE’S limited non-exclusive access to the roof of the building to perform LESSEE’S maintenance obligations as set forth above (only). LESSEE agrees that the roof is a common area of the building and that no other work shall be carried on or any other equipment installed on the roof without the prior written consent of LESSOR. LESSEE shall be fully responsible for, and agrees to indemnify and hold LESSOR and OWNER harmless from, all property damage and personal injury, including death, associated in any way with the activities of LESSEE parties on the roof and/or the location, installation, or maintenance of said equipment on the roof, including, but not limited to, damage to the watertight integrity of the roof and the roof membrane, from whatever cause.

Roof Rights. Provided that ​ is then in occupancy of the Premises, then, subject to availability, in accordance with, and subject to, this Section 29.38 (including ​’s obtaining all requisite permits and compliance with ​’s reasonable construction rules and conditions as well as ​’s reasonable approval of the contractors, vendors and materialmen in connection with the same, and confirmation from ​ and its roofing contractor that such installation (including maintenance, repair, replacement and/or removal thereof) will not invalidate or otherwise adversely affect ​’s roof warranty), ​ shall have the exclusive right, at no additional fee (but subject to ​’s reasonable approval as provided in this Section 29.38), to install and maintain, at ​’s sole cost and expense, telecommunications antennas, microwave dishes and other communications equipment, including a standard-size DIRECTV dish on the roof of the Building (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by ​ from within the Premises (all such equipment is defined collectively as the “Telecommunications Equipment”) upon the roof of the Building. ​ makes no representations or warranties whatsoever with respect to the condition of the roof of the Building, or the fitness or suitability of the roof of the Building for the installation, maintenance and operation of the Telecommunications Equipment, including, without limitation, with respect to the quality and clarity of any receptions and transmissions to or from the Telecommunications Equipment and the presence of any interference with such signals whether emanating from the Building or otherwise. The physical appearance, the size, the design and the weight of the Telecommunications Equipment shall be subject to

Roof Credit. The following provision shall be inserted to the Agreement immediately following the last sentence of the existing [Section 7.2]:

Roof Area. Tenant shall accept the License Area and Cable Path in their condition and “as-built” configuration existing on the Term Commencement Date. Landlord has made no representations or promise as to the suitability or effectiveness of any part of the roof for Tenant’s proposed use, or as to any Applicable Laws relating to Tenant’s proposed use, or as to the condition of (or alteration or improvement of) the License Area or the Cable Path.

Roof Repairs. If Landlord desires to perform roof repairs and/or roof replacements to the Building (the “Roof Repairs”), Landlord shall give Tenant at least ten (10) Business Days’ prior written notice of the date Landlord intends to commence such Roof Repairs (except in the event of an emergency, in which event Landlord shall furnish Tenant with reasonable notice in light of the circumstances), along with a description of the work scheduled to be performed, where it is scheduled to be performed on the roof, and an estimate of the time frame required for that performance. Tenant shall, within ten (10) Business Days following receipt of such notice, undertake such measures as it deems suitable to protect the Equipment from interference by Landlord, its agents, contractors or employees, in the course of any Roof Repairs.

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.

repair and replacement of the structural elements of the Building, except for any damage thereto caused by the negligence or willful acts or omissions of [[Organization B:Organization]] or of [[Organization B:Organization]]’s Agents or invitees, or by reason of the failure of [[Organization B:Organization]] to perform or comply with any terms of this Lease, or caused by any Alterations made by [[Organization B:Organization]] or by [[Organization B:Organization]]’s Agents, which shall be at [[Organization B:Organization]]’s expense. The structural elements of the Building shall consists of only the following parts of the Building: the foundation and subflooring, the roof structure (excluding the roof membrane), and the exterior walls, interior bearing or structural walls (excluding, however, interior wall surfaces). In addition, the terms “roof” and “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries.