Common use of Cabling Clause in Contracts

Cabling. Tenant will comply with all Laws with respect to all wires, cables and similar installations (collectively, “Cabling”) serving the Premises, whether in place on the Commencement Date or thereafter, installed or modified by Tenant, and whether located within the Premises or anywhere in the Project outside the Premises, including the risers of the Project. Tenant may use any existing Cabling in the Premises in its current “as-is” condition; however, any additional Cabling or modifications made to existing Cabling will be made only with Landlord’s prior written consent and will be at Tenant’s sole cost and expense. All Cabling installed by Tenant will be labeled at its point of entry into the Building and the Project, as applicable, at its terminal end and in the riser closet indicating its type, the Tenant’s name and the service provided. If Tenant discontinues the use of all or any part of the Cabling, Tenant will within thirty (30) days thereafter notify Landlord thereof, including a description of the current type, number, points of commencement and termination and routes of the Cabling sufficiently detailed to allow Landlord to determine if Landlord desires to retain the Cabling. Within thirty (30) days after either (a) Landlord receives such discontinuation notice, or (b) the expiration or earlier termination of this Lease, Landlord may elect by written notice to Tenant to either (i) retain any or all of the Cabling, or (ii) require Tenant, at Tenant’s sole cost and expense, to remove any or all of the Cabling and restore the Premises or the Project, as the case may be, insofar as the they are or it is affected by the Cabling, to their or its condition existing prior to the installation or modification of the Cabling. Upon the expiration or earlier termination of this Lease, except to the extent Landlord requires Tenant to remove the Cabling as provided above, Tenant will leave the Cabling undamaged and in a neat and organized fashion, labeled, and comparable to the condition of the Cabling as it existed on the Commencement Date.

Cabling. Tenant will acknowledges and agrees that Tenant shall not be permitted to utilize the Building risers for the installation of any cabling, wiring, conduit, piping, or any other equipment and/or appurtenance to serve the Leased Premises (“Riser Penetrations”), except if, as and to the extent expressly permitted by Landlord pursuant to this Section, and that Tenant shall be obligated to comply and to cause its contractors to comply in all respects with this Section in respect of any Riser Penetrations which are so permitted. All Riser Penetration specifications, installations and/or connections shall be first approved by Landlord in writing before 175368 2031.0 Synthesis Energy Systems – 12.7.07 the same are installed, such consent not to be unreasonably conditioned, withheld or delayed, and the work in connection with all Laws with respect Riser Penetration installations shall be performed by contractors approved by Landlord (such approval not to all wiresbe unreasonably conditioned, cables withheld or delayed) and similar installations (collectively, “Cabling”) serving shall be subject to the Premises, whether in place on the Commencement Date or thereafter, installed or modified by Tenant, and whether located within the Premises or anywhere in the Project outside the Premises, including the risers direction of the ProjectLandlord. Tenant may use any existing Cabling in the Premises in its current “as-is” condition; however, any additional Cabling or modifications made to existing Cabling will be made only Any such work must also comply with Landlord’s prior written consent installation procedures, which shall be furnished by Landlord to Tenant upon request, together with the Building rules and will regulations. Landlord may require that the contractor(s) involved in such installation or other work execute such agreements, and provide such bonds or other financial assurances, as Landlord may require. Landlord reserves the right to charge Tenant a reasonable access fee (which shall be nondiscriminatory as between Tenant and other similarly situated tenants and telecommunications providers (subject to the terms of their leases or access agreements), and shall not exceed those fees which Landlord in its reasonable judgment deems to be prevailing market access fees for comparable access and users from time to time at Comparable Buildings) to utilize space in the Building risers for Tenant’s sole cost Riser Penetration requirements to designate and expense. All Cabling installed by Tenant will be labeled at its point of entry into control the entity or entities providing Riser Penetration installation, repair and maintenance in the Building, and to restrict and control access to the Building risers in connection with such work. Without waiving Landlord’s rights pursuant to this Section 5.05, Landlord represents to Tenant that no access fees are currently being charged to tenants in the Building, and that Landlord has no current plans to begin charging such fees to tenants in the ProjectBuilding in the immediate future. In the event Landlord designates a particular vendor or vendors to provide Riser Penetration installation, as applicablerepair and maintenance for the Building, at its terminal end Tenant agrees to abide by and participate in such program. Tenant shall be responsible for and shall pay all costs incurred in connection with the installation of all Riser Penetrations in the Building risers and in the riser closet indicating its typeLeased Premises, including, without limitation, any hook-up, access and maintenance fees related to the Tenant’s name installation of such Riser Penetrations in the Building risers and in the Leased Premises and the commencement of service providedtherein, and the maintenance thereafter of such Riser Penetrations; and there shall be included in Operating Expenses for the Building all installation, hook-up or maintenance costs incurred by Landlord in connection with Riser Penetrations in the Building which are not allocable to any individual users of such service but are allocable to the Building generally. If Tenant discontinues fails to maintain all Riser Penetrations serving the use Leased Premises and such failure affects or interferes with the operation or maintenance of all any other Riser Penetrations in the Building, after notice to Tenant, Landlord or any part vendor hired by Landlord may enter into and upon the Leased Premises and/or the Building riser space utilized by Tenant (if any) 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, together with an additional amount equal to 5% thereof for administrative cost recovery). Upon termination or expiration of the Cabling, Tenant will within thirty (30) days thereafter notify Landlord thereof, including a description of the current type, number, points of commencement and termination and routes of the Cabling sufficiently detailed to allow Landlord to determine if Landlord desires to retain the Cabling. Within thirty (30) days after either (a) Landlord receives such discontinuation notice, or (b) the expiration or earlier termination of this Lease, Landlord may elect and unless otherwise notified by written notice to Tenant to either (i) retain any or all of the CablingLandlord, or (ii) require Tenant, at Tenant’s sole cost and expense, shall remove all Riser Penetrations installed by Tenant during or relating to remove Tenant’s occupancy. Tenant agrees that neither Landlord nor any of Landlord’s Related Parties shall be liable to Tenant, or all any of Tenant’s Associated Parties or anyone claiming through, by or under Tenant or any of Tenant’s Associated Parties, and hereby agrees to indemnify Landlord and Landlord’s Related Parties, and defend Landlord and Landlord’s Related Parties with counsel selected by the indemnified party, and hold Landlord and Landlord’s Related Parties harmless against, any damages, injuries, losses, expenses, claims or causes of action asserted against them or any of them by third parties, or suffered or incurred by them or any of them, as a result of Tenant’s use of the Cabling and restore the Premises or the ProjectBuilding risers REGARDLESS OF WHETHER OR NOT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF LANDLORD OR LANDLORD’S RELATED PARTIES, as the case may be, insofar as the they are or it is affected by the Cabling, to their or its condition existing prior to the installation or modification of the Cabling. Upon the expiration or earlier termination of this Lease, except but not to the extent of any gross negligence or willful misconduct of Landlord requires Tenant to remove the Cabling as provided above, Tenant will leave the Cabling undamaged and in a neat and organized fashion, labeled, and comparable to the condition of the Cabling as it existed on the Commencement Dateor Landlord’s Related Parties.

Cabling. During the Term, Tenant will comply with all Laws with respect shall have the right to all wires, cables and similar installations (collectively, “Cabling”) serving install such cabling in the Premises, whether in place on the Commencement Date Premises as deemed necessary or thereafter, installed or modified desirable by Tenant, subject to the terms of this subsection (f}. At the time Tenant desires to install any such cabling, Tenant shall submit (i) a general plan or layout to Landlord for Landlord’s review and whether located (ii) an express written notice that Landlord must notify Tenant within twenty (20) days if Landlord will require Tenant to remove such cabling prior to the Premises Expiration Date. If, within fifteen (15) days following receipt of such plan and notice, Landlord notifies Tenant in writing that Landlord will require Tenant to remove such cabling prior to the Expiration Date, then Tenant shall remove such cabling identified by Landlord prior to the Expiration Date or anywhere in the Project outside the Premises, including the risers earlier termination of the Project. Tenant may use any existing Cabling in the Premises in its current “as-is” condition; however, any additional Cabling or modifications made to existing Cabling will be made only with Landlord’s prior written consent and will be at Tenant’s sole cost and expense. All Cabling installed by Tenant will be labeled at its point of entry into the Building and the Project, as applicable, at its terminal end and in the riser closet indicating its type, the Tenant’s name and the service providedLease. If Tenant discontinues fails to provide such plan and notice to Landlord prior to installation of the use cabling, then Tenant shall be required to remove such cabling prior to the Expiration Date or earlier termination of all the Lease, unless otherwise notified in writing by Landlord, If Tenant provided said plan and notice, but Landlord does not notify Tenant, then upon the Expiration Date or any earlier termination of this Lease, such items shall be deemed to be part of the Cablingrealty and the property of Landlord (and shall not be removed or disabled by Tenant). If Landlord so notifies Tenant to remove any or all of such items, and Tenant will within thirty (30) days thereafter notify Landlord thereof, including a description of fails to remove the current type, number, points of commencement and termination and routes of the Cabling sufficiently detailed to allow Landlord to determine if Landlord desires to retain the Cabling. Within thirty (30) days after either (a) Landlord receives such discontinuation notice, or (b) same upon the expiration or earlier termination of this Lease, then Landlord may elect by written notice to Tenant to either (i) retain any or all of have the Cabling, or (ii) require Tenant, same removed at Tenant’s sole cost and expense, to remove any or all of the Cabling and restore the Premises or the Project, as the case may be, insofar as the they are or it is affected by the Cabling, to their or its condition existing prior to the installation or modification of the Cabling. Upon the expiration or earlier termination of this Lease, except to the extent Landlord requires Tenant to remove the Cabling as provided above, Tenant will leave the Cabling undamaged and Any such work shall be conducted in a neat and organized fashion, labeled, and comparable to the condition of the Cabling as it existed on the Commencement Datemanner consistent with subsection (d) above.