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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.

SubjectExcept as expressly provided to applicable Laws,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 height limitations imposed onall provisions relating to compliance with Law (including all FCC rules and regulations), insurance, indemnity, repairs and maintenance, except that the Building byRooftop Installation Area is not included in the Federal Aviation Administration, Landlord shall provide Tenant the right to use, free of any license or rental feePremises for the use thereof, a reasonable amountpurposes of space on the roof of the Buildingcalculating Tenant’s Proportionate Share and Tenant shall not otherwise in use for equipment installedbe required to pay any Base Rent to Landlord 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 operationsuse 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 includingas permitted under this Lease) and shall not be used for telecommunications, data transmissionany revenue generating purpose, 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 rooftopsroof rights shall not be assignable or otherwise transferable 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 theTenant separately from this Lease. The Tenant’s Roof Equipment shall be subjecttreated 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 Landlord’s approval, nottime, at its sole cost and expense, to be unreasonably withheld, conditionedinstall or delayed; provided, however, that if Landlord reasonably determines that there is inadequate space inpermit others to install additional equipment, telecommunications and other installations on the Rooftop Installation Arearoof necessary for the Emergency Generator, operation of the Building or any Building systems (“Landlord may requireRoof Installations”), provided that any such Landlord Roof Installations installed after 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 GeneratorCommencement Date 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 useinterfere with any of Tenant’s Roof Equipment subject to Landlord’s reasonable and uniform rules requirements governing roof access of which Tenant has been giveninstalled 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.applicable Landlord Roof Installations.

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