Tenant shall # repair any damage to the roof of the Building to the extent caused by the installation or operation of the Tenants Roof Equipment, # operate and maintain the Tenants Roof Equipment so that it does not cause interference with any telecommunications, mechanical or other systems located at or servicing the Building as of the date of Tenants installation of Tenants Roof Equipment, # Tenant shall always comply with the roof warranty governing the protection of the roof and modifications to the roof provided Tenant has first been provided with a copy of any such roof warranty, and # install, maintain and operate the Tenants Roof Equipment in accordance with all applicable Laws. Tenant agrees that the installation, operation and removal of the Tenants Roof Equipment shall be at its sole risk, except to the extent any injury or damage is due to the gross negligence or intentional misconduct of Landlord and/or Landlords Representatives. Tenant shall indemnify and defend Landlord and other Landlord Parties against any Claims incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury arising out of the installation, use, operation, or removal of Tenants Roof Equipment by Tenant or its employees, agents, contractors, or invitees, including any liability arising out of Tenants violation of this [Article XXX].
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.
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 Tenants proposed use, or as to any Applicable Laws relating to Tenants proposed use, or as to the condition of (or alteration or improvement of) the License Area or the Cable Path.
Roof Credit. The following provision shall be inserted to the Agreement immediately following the last sentence of the existing [Section 7.2]:
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
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 Tenants 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 Tenants operations in the Premises and customarily installed on rooftops by tenants of comparable size in Comparable Buildings (collectively, Tenants Roof Equipment). Notwithstanding the provision of [Article IX] to the contrary, the height, diameter, design and installation of the Tenants Roof Equipment shall be subject to Landlords 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 Tenants 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 Generators exhaust/venting requirements. Tenant and Tenants contractors shall have reasonable access to the roof for the construction, installation, maintenance, repair, replacement, operation and use of Tenants Roof Equipment subject to Landlords reasonable and uniform rules requirements governing roof access of which Tenant has been given prior notice. The parties agree that Tenants right to utilize the roof for the installation of Tenants 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.
Equipment. All machinery, equipment, tools, dies, molds, parts, furniture and other tangible personal property included in the Purchased Assets whether or not reflected in the Unaudited Business Financial Statements, is in good operating condition and repair, ordinary wear and tear excepted.
Equipment. In the event special, custom, or Customer-dedicated equipment (the “Dedicated Equipment”) is to be acquired by WuXi ATU for the manufacture of Product such acquisition in a Work Order and:
Installation By Tenant. Prior to commencing installation, Tenant shall provide Landlord with # copies of all required governmental and quasi-governmental permits, licenses and authorizations required to install and operate the Tenants Roof Equipment (Landlord hereby agreeing to reasonably cooperate with Tenant in Tenants obtaining of such permits and approvals at no out-of-pocket costs to Landlord), all of which Tenant will obtain at its sole cost and expense and which Tenant will maintain at all times during the operation of the Tenants Roof Equipment, and # a certificate of insurance evidencing insurance coverages as required under this Lease. Tenant shall not install or operate any of the Tenants Roof Equipment until it receives prior written approval of the plans for such work in accordance with [Article IX]. Landlord may withhold approval if the installation or operation of Tenants Roof Equipment reasonably would be expected to damage the structural integrity of the roof or will impair or void any roof warranty. All of Tenants Roof Equipment shall be screened or otherwise reasonably designed so that it is consistent with the high quality nature of the Property as reasonably designated by Landlord or as required by any Law.
’s reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by subject to ’s reasonable approval and may require to install screening around such Telecommunications Equipment, at ’s sole cost and expense, as designated by in ’s sole discretion. shall maintain such Telecommunications Equipment, at ’s sole cost and expense. In the event elects to exercise its right to install the Telecommunications Equipment, then shall give prior notice thereof. shall reimburse to the actual costs reasonably incurred by in approving such Telecommunications Equipment. shall remove such Telecommunications Equipment upon the expiration or earlier termination of this Lease, or, in the event no longer occupies the Premises, then upon the termination of ’s rights under this Section 29.38, and shall return the affected portion of the rooftop and the Premises to the condition the rooftop and the Premises would have been in had no such Telecommunications Equipment been installed (reasonable wear and tear excepted). Such Telecommunications Equipment shall be installed pursuant to plans and specifications approved by (specifically including, without limitation, all mounting and waterproofing details), which approval will not be unreasonably withheld, conditioned, or delayed. Notwithstanding any such review or approval by , shall remain solely liable for any damage to any portion of the roof or roof membrane, specifically including any penetrations, in connection with ’s installation, use, maintenance and/or repair of such Telecommunications Equipment, and shall have no liability therewith. Such Telecommunications equipment shall, in all instances, comply with Applicable Laws and the Declaration. shall not be entitled to license its Telecommunications Equipment to any unrelated third party, nor shall be permitted to receive any revenues, fees or any other consideration for the use of such Telecommunications Equipment by an unrelated third party.
Roof slab under the Roof Top Area will be redesigned for a live load of 100 PSF and dead load of 50 PSF . ]
Tooling, Equipment and Materials. Subject to the mutual written consent of te Parties, if applicable, will be reimbursed, at cost, for any specially-required equipment and/or fixtures (collectively, “Tooling”) and improvements to equipment and Tooling purchased by needed for or used in the production of the Product (“Product Tooling”) and/or to perform ’s obligations to . will be responsible for normal maintenance of ’s Tooling and equipment in its possession. Equipment and Tooling paid for by remains the property of . Expenditures greater that Five Thousand Dollars ($5,000 USD) (hereinafter “Substantive Expenditures”) within any ninety (90) day period for Tooling or equipment will be made only with the prior written authorization of . Any
Tenants Security Equipment. Tenant shall have the right to # institute such security measures entirely within the Premises as it may determine in its sole discretion, at Tenants sole cost and expense and at no cost to Landlord , # install key-card systems to the Premises from the internal stairwells of the Common Areas adjacent to the Premises, and # install, at Tenants sole cost and expense, security fencing and/or other measures to secure the Buildings Subterranean Parking Facility, subject to Landlords reasonable approval of such fencing and other measures (collectively, Tenants Security Equipment), subject to all Applicable Laws, fire rating requirements and any so-called fail safe open requirements. The use of the internal stairwells pursuant to this Paragraph 16.3 shall not impair any existing approvals concerning the existing use and construction of the stairwells. At Tenants sole cost, Tenant shall be permitted to tie Tenants Security Equipment into the Base Building Systems if requested by Tenant provided that # Tenants Security Equipment is compatible with the Base Building Systems and # Tenants Security System does not materially and adversely interfere with the Base Building Systems. Landlord must have the ability, at all times, to access the stairwells and to activate any such Tenant Security Equipment; provided, however, that, except in the event of an emergency, Landlord shall not deactivate Tenants Security System, whether in connection with inspection, maintenance or repair of the Buildings fire/life safety system or otherwise, without providing reasonable prior notice to Tenant. Tenant shall keep and maintain any Tenants Security Equipment in good working order, condition and repair throughout the Term. In no event shall Tenant be entitled to any credit against Rent (including Tenants Proportionate Share of Operating Expenses) or to any exclusions from Operating Expenses in the determination of Tenants Proportionate Share of Operating Expenses. as a result of Tenants election to provide security measures or equipment to its Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, upon written request by Landlord, remove the Tenants Security Equipment and associated wiring and repair any damage to the Premises or the Building caused by such removal. Tenant acknowledges and agrees that Tenants use of the stairwell and the installation, operation and maintenance of the Tenants Security Equipment shall be at Tenants sole risk and Landlord shall have no liability whatsoever in connection therewith. For the sake of clarity, the waiver of liability with respect to the stairwell in the preceding sentence is limited to Tenants use of the stairwell and does not extend to Landlords obligation to construct the stairwell in accordance with the Building Plans and all Applicable Laws.
Radio Frequency Emitting Equipment. To the extent Tenant is operating radio frequency (RF) emitting equipment on the roof of or inside the Building, Tenant shall cooperate generally with Landlord and other carriers such that the Buildings rooftop shall be and remain in compliance with all rules and regulations of the U.S. Occupational Safety and Health Administration (OSHA) and the FCC relating to guidelines for human exposure to radio frequency or electromagnetic emission levels, as may be issued from time to time, including the rules and regulations adopted in FCC document OET 65 (which rules and regulations have also been adopted by OSHA). If Landlord in its reasonable judgment believes that the Equipment, either by itself or in conjunction with other equipment in or on the Building, may exceed permitted emission levels, then Tenant shall # promptly upon Landlords written request, at Tenants sole cost and expense, deliver to Landlord a reasonably acceptable certification or survey report
Information Technology (“IT”) Equipment. The parties acknowledge that each of Saul Company and [[Saul Centers:Organization]] will from time to time purchase computer, telephone, and other information technology-related equipment for individual employees (including, by way of example and not limitation, desktop computers and office telephones) (collectively, the “IT Equipment”). All IT Equipment costs shall be borne directly by the entity for whom that person works, and shall not be included in the IT Shared Costs (as hereinafter defined).
Furniture, Fixtures and Equipment. Subtenant shall have the right to use during the Term the furnishings within the Subleased Premises and the Shared Area that are identified on Exhibit C attached hereto (the “Furniture”) at no additional cost to Subtenant. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Subtenant shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Subtenant shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Subtenant shall surrender the Furniture to Sublandlord upon the termination of this Sublease in the same condition as exists as of the Commencement Date, reasonable wear and tear excepted. Subtenant shall not remove any of the Furniture from the Subleased Premises.
Roof Terrace: Subject to applicable Laws, Landlord hereby consents to Tenants construction of a terrace on the north portion of the roof above the 17th floor of the Building including an access corridor along the west side of the roof leading from the emergency egress stairway to the terrace, all in the areas shown on Exhibit A-33] attached hereto (collectively, the Roof Terrace). Tenant shall have the non-exclusive right to use the emergency egress stairs in the Building (the Emergency Egress Stairs) for the purpose of access between the 17th floor of the Premises and the Roof Terrace, provided that # such use shall be permitted by, and at all times be in accordance with, all applicable Laws; # Tenant shall comply with Landlords reasonable rules and regulations adopted from time to time with respect thereto; and # Tenant shall, at its sole cost and expense, and in a manner reasonably satisfactory to Landlord and in compliance with applicable Laws, coordinate Tenants security system with the Building life safety systems and the Buildings key card access system installed on all doors between the Emergency Egress Stairs and the 17th floor of the Premises. Subject to applicable Laws, with Landlords prior consent, which consent may be granted or withheld in Landlords reasonable discretion, Tenant shall have the right to make Cosmetic Changes to the portions of the Emergency Egress Stairs serving the Roof Terrace as well as to the access corridor located along the east side of the roof. Tenants construction of the Roof Terrace shall be subject to the requirements for any Alterations made by Tenant set forth in this Lease (including, without limitation, [Section 9.2]); provided, however, that notwithstanding anything contained in this Lease to the contrary, Tenant shall use Skanska USA Building, Inc. as the contractor for the Roof Terrace and any cosmetic changes to the Emergency Egress Stairs and/or access corridors. The Roof Terrace shall be constructed in accordance with plans and specifications approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed; provided it shall not be unreasonable for Landlord to withhold its approval of any plans and specifications for the Roof Terrace which Landlord determines in its sole and absolute discretion are inconsistent with the architectural character of the Building or are not compatible with the first-class appearance, quality and operation of the Building. The Roof Terrace will be available for the exclusive use of Tenant and Tenants employees and invitees, except in the event of emergency requiring such access to be restricted or limited. Landlord shall be responsible for the repair and maintenance of the Roof Terrace as provided in [Section 8.2], the cost of which shall be reimbursed to Landlord by Tenant and shall not be part of Operating Charges (except to the extent such costs are attributable to Landlords obligations under this Lease with respect to the repair and maintenance of the Building Structure and Systems), provided that Tenant shall be responsible for the maintenance, repair and replacement of any furnishings, equipment or other personally placed on the Roof Terrace by Tenant, its Agents and vendors, or its employees. Except in the event of an emergency, Landlord shall give Tenant at least twenty four (24) hours advance notice (which may be made by telephone or email) prior to Landlord making any such repair and maintenance of the Roof Terrace. Tenant shall be responsible for obtaining and maintaining any and all licenses, permits, consents or approvals that may be required by applicable Laws in connection with Tenants use of Roof Terrace. Tenant may use the Roof Terrace for outdoor seating, social events and other uses ancillary to Tenants use of the Premises, including the service of food and beverages, and shall have the right to install tables, chairs and other furniture to facilitate outdoor seating and use of the Roof Terrace. The Roof Terrace is a non-smoking area. Tenant shall use the Roof Terrace and Emergency Egress Stairs at its own risk and Landlord shall not be liable to Tenant or any of its invitees for injuries received while using the Roof Terrace, Emergency Egress Stairs, access corridors and adjacent areas except if same are due to the gross negligence or willful misconduct of Landlord and/or Landlords Representatives. All of the provisions of this Lease shall apply to the installation, use and maintenance of the Roof Terrace, including all provisions relating to compliance with Law, insurance, and indemnity, except that the Roof Terrace is not included in the Premises for the purposes of calculating Tenants Proportionate Share and Tenant shall not be required to pay any Base Rent to Landlord in connection with Tenants use of the Roof Terrace or the Emergency Egress Stairs. Tenant shall not be required to remove the Alterations comprising the Roof Terrace at the expiration or earlier termination of the Term, except as specified by Landlord at this time the Alterations comprising the Roof Terrace are approved by Landlord.
Lessor hereby agrees to pay for all repairs to Area 3 of the roof (see [Schedule B]) until Lessor replaces Area 3 of the roof.
Rooftop Installation Work. Installation of the Equipment (Rooftop Installation Work) must be performed in a good and workmanlike manner and in accordance with all Applicable Laws, and shall be subject to: # obtaining Landlords prior written approval of plans and specifications, which approval shall not be unreasonably withheld, and Tenant acknowledges and agrees that, without limiting the generality of the foregoing, it shall be reasonable for Landlord to disapprove any Equipment if it exceeds roof load limitations, or if it exceeds the height of the roof parapet; # obtaining Landlords prior written approval of Tenants contractor for the Rooftop Installation Work, and such contractor must provide evidence of insurance reasonably satisfactory to Landlord prior to commencing work in or about the Building; and # all additional requirements under the Lease that apply to Alterations by Tenant. In addition, Landlord may impose screening or other requirements to minimize the visibility of the Equipment. The plans and specifications for the Equipment shall include the design, size and features thereof and mounting structure, floor and power load requirements, cabling installations, the means of affixing or mounting the Equipment, and the means of connecting the Equipment to the Buildings electrical system and to the interior of the Premises. The giving of any approval by Landlord shall not eliminate any of Tenants obligations under the Lease, including Tenants obligation to obtain all required permits and to comply with all Applicable Laws. The failure of Tenant to obtain such permits or any other governmental approvals relating to the Equipment shall not release Tenant from any of its obligations under the Lease. Tenant shall pay to Landlord all of Landlords actual out-of-pocket costs incurred in connection with the review and approval of the plans and specifications within thirty (30) days after receipt of an invoice therefor.
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