Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building in or serving the Premises, provided: (a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required by Landlord, (b) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and (c) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines which are installed in violation of these provisions. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 2 contracts
Sources: Office Lease (Treaty Oak Bancorp Inc), Office Lease (Treaty Oak Bancorp Inc)
Communications and Computer Lines. 26.01 (A) Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: :
(a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 10, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions. , or which are or become at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice.
(B) Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonably direct, monitor and/or supervise the installation. maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 26 (including, without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Lines. period of time prescribed by Paragraph (H)(ii) of Article 26.
(C) Notwithstanding anything to the contrary contained in Article IX22, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant thereof at the time Landlord approves the installation. Any Lines not required to be removed pursuant to May 7, 1999 this Article shall, at Landlord's option, become the property of Landlord without payment by Landlord. If Tenant fails to remove such lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days' written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party party, a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or grossly negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at of the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wireswires and cables (collectively, cables and related devices (collectively the "Lines") at the Building Project in or serving the Premises, provided: provided that (a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this Lease, (b) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiationProject, as determined in Landlord's reasonable opinion, (c) the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (cd) any new or existing Lines servicing the Premises shall comply with all Governmental Requirements, and (e) Tenant shall pay all costs in connection therewithwith the foregoing. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Governmental Requirements or represent a dangerous or potentially dangerous condition. Landlord may (but Tenant shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon expiration or sooner termination of this Lease. If Tenant shall notfails to remove such Lines as required by Landlord, without the prior written consent or violates any other provision of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employeesthis Section, Landlord shall have no liability for damages arising frommay, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following after ten (collectively called "Line Problems"): (x10) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines days' written notice to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rentremove such Lines or remedy such other violation, or relieve Tenant from performance of at Tenant's obligations ’s expense (without limiting Landlord’s other remedies available under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption Lease or other consequential damage arising from any Line ProblemsGovernmental Requirements).
Appears in 1 contract
Sources: Lease (Trimble Navigation LTD /Ca/)
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: :
(a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Notwithstanding any of the foregoing to the contrary, Tenant may install, maintain, replace, remove or use any Lines within and solely serving Tenant's Premises where same shall not impact Landlord's or other tenant's use of the Lines at the Property in any way (including, without limitation, utilization of more than a fair allocation by Tenant of the Building and Property's riser capacity) without Landlord's prior consent, provided Tenant shall notify Landlord of any such work in writing within thirty (30) days of such work (or on some other periodic basis chosen by Landlord and requested of Tenant in writing). Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, Property (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Linesperiod of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article IX13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Sources: Office Lease (Peapod Inc)
Communications and Computer Lines. 26.01 (A) Tenant may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building or in or serving the Premises, providedprovided that: (ai) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required by Landlord, (bii) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and (ciii) Tenant shall pay all costs in connection therewith. therewith Landlord reserves the right to require that Tenant remove any Lines which are installed in violation of these provisions.
1. Notwithstanding the foregoing, on condition that Tenant delivers to Landlord at least five (5) calendar days advance written notice prior to installation, maintenance, replacement and/or removal of any Lines in the Building or Premises, Landlord's consent to install, maintain, replace or remove any such Lines shall not be required, but only if (a) the cost of said installation, maintenance, replacement or removal is less than $5,000.00, and (b) said installation, maintenance, replacement or removal does not affect or involve any Building systems or the structure of the Building or the safety of the Building and/or its occupants, and (c) said installation, maintenance, replacement or removal does not adversely affect any other Lines in the Building or Premises.
(B) Landlord may (but shall not have the obligation to): (i) install new Lines at the PropertyBuilding, and (ii) create additional space for Lines at the Property Building, and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. .
(C) Notwithstanding anything to the contrary contained in Article IX9, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional gross negligence or negligent acts willful misconduct of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (xi) any eavesdropping or wire-tapping by unauthorized parties, (yii) any failure of any Lines to satisfy Tenant's requirements, or (ziii) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the PropertyBuilding. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Sources: Office Lease (Electronic Arts Inc)
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "LinesLINES") at the Building Property in or serving the Premises, provided: :
(a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cf) Tenant shall pay all costs in connection therewith. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the Property. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within ten (10) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, Property (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonable reasonably direct, monitor and/or supervise the installation, maintenance, replacement and uniform rules removal of, the, allocation and regulations with respect periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Notwithstanding anything Such rights shall not be in limitation of other rights that may be available to the contrary contained in Article IXLandlord by Law or otherwise. If Landlord exercises any such rights, Landlord reserves may charge Tenant for the right costs attributable to require that Tenant remove Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any or all Lines installed associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable finance charges) over the period of time prescribed by or for Tenant within or serving the Premises upon Article 25. Upon termination of this Lease, any Lines owned by Tenant and not removed by Tenant shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents agents, contractors or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line ProblemsLINE PROBLEMS"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Sources: Office Lease (Participate Com Inc)
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: :
(a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing, by Landlord, and comply with all of the other provisions of Article 7, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of ally then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, and (cf) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) business days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, Property (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 24 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Linesperiod of time prescribed by Article 24. Notwithstanding anything to the contrary contained in Article IX12, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Tenant shall notAny Lines not required to be removed pursuant to this Article shall, without at Landlord's option, become the prior written consent property of Landlord in each instance(without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, grant or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to any third party a security interest Tenant, remove such Lines or lien in or to the Linesremedy such other violation, and any such security interest or lien granted at Tenant's expense (without limiting Landlord's written consent shall be null and voidother remedies available under this Lease or applicable Law). Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Sources: Lease Agreement (Infocure Corp)
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: :
(a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8.
(b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, Property (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Linesperiod of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article IX13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, employees Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Communications and Computer Lines. 26.01 Subject to Tenant’s rights in Section 1.1, Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "“Lines"”) at the Building Real Property in or serving the Premises, provided: (ai) Tenant shall obtain Landlord's ’s prior written consentconsent for the installation of the same, which consent may be conditioned as required use an experienced and qualified contractor reasonably approved in writing by Landlord, and comply with all of the other provisions of Article 8 above; (bii) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Real Property; (iii) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Real Property, as determined in Landlord’s reasonable opinion; (iv) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, ; (v) Tenant’s rights shall be subject to the rights of any regulated telephone company; and (cvi) Tenant shall pay all costs in connection therewiththerewith as to its Lines. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the Real Property. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. At Landlord’s sole cost and expense, and in no event shall Tenant’s Lines be reduced, Landlord may (but shall not have the obligation to): (iA) install new Lines at the Real Property, ; (iiB) create additional space for Lines at the Property Real Property; and (iiiC) adopt reasonable reasonably direct, monitor and/or supervise the installation, maintenance, replacement and uniform rules removal of, the allocation and regulations with respect to periodic re-allocation of available space (if any) for, and the Lines. Notwithstanding anything to allocation of excess capacity (if any) on, any Lines now or hereafter installed at the contrary contained in Article IXReal Property by Landlord, Tenant or any other party (but Landlord reserves the shall have no right to require monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. Tenant shall have no obligation to remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease unless Tenant exercises its right to terminate the Lease under Rider No. 5, to reduce the size of the Premises under Rider No. 4 attached hereto, or if Landlord terminates the Lease due to a Tenant Event of Default, in which case Tenant shall, at Tenant’s sole cost and expense, remove such Lines upon the expiration or earlier termination of the Lease. Any Lines not required to be removed pursuant to this Article 28 shall, at Landlord’s option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required in accordance with the immediately preceding sentence, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease or applicable Laws). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's ’s written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's ’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's ’s use of any Lines will be free from, from the following (collectively called "“Line Problems"”): (x1) any eavesdropping or wire-tapping by unauthorized parties, (y2) any failure of any Lines to satisfy Tenant's ’s requirements, or (z3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Real Property, by any failure of the environmental conditions or the power supply for the Real Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's ’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. The provisions of this Article 28 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Office Lease (KBS Real Estate Investment Trust II, Inc.)
Communications and Computer Lines. 26.01 (A) Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices relatediievices (collectively the "Lines") at the Building Property in or serving the Premises, provided: :
(a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 10, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions. , or which are or become at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice.
(B) Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 26 (including, without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Lines. period of time prescribed by Paragraph (H)(ii) of Article 26.
(C) Notwithstanding anything to the contrary contained in Article IX22, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord without payment by Landlord. If Tenant fails to remove such lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days' written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instanceinstance , grant to any third party party, a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or grossly negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): ), (x) any eavesdropping or wire-tapping wiretapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at of the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Sources: Consent to Sublease (At Plan Inc)
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: :
(a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, Property (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Linesperiod of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article IX13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related electronic signal transmission devices (collectively the "“Lines"”) at the Building Property in or serving the Premises, provided: (a) Tenant shall (i) obtain Landlord's ’s prior written consent, which consent may (not to be conditioned as required by Landlordunreasonably withheld), (ii) use Landlord’s riser management contractor, and (iii) comply with all of the other provisions of Article 6; (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property; (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord’s reasonable opinion; (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, ; (e) intentionally deleted; (f) Tenant’s rights shall be subject to the rights of any regulated telephone company; and (cg) Tenant shall pay all costs in connection therewithwith Tenant’s Lines. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonable reasonably direct, monitor or supervise the installation, maintenance, replacement and uniform rules removal of, the allocation and regulations with respect periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Notwithstanding anything Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the contrary contained costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, however, that any capital expenditures incurred shall not be passed through as an Operating Expense unless such capital expenditures otherwise satisfy the requirements set forth in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease3(B)(xv). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's ’s written consent shall be null and void. Except to the extent arising from the intentional misconduct or negligent acts of Landlord or Landlord's ’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's ’s use of any Lines will be free from, from the following (collectively called "“Line Problems"”): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's ’s requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Landlord agrees to use commercially reasonable efforts to minimize and/or correct interruptions. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's ’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. Landlord reserves the right to enter into a contract with a third party service provider for the exclusive provision of enhanced cellular service within the Building. If Landlord has entered into such a contract and such contract is in effect, then Tenant may not contract with another Person for the provision of enhanced cellular service within its Premises or the Building.
Appears in 1 contract
Sources: Office Lease (SP Plus Corp)
Communications and Computer Lines. 26.01 1. Tenant may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires, cables cable and related devices (collectively the "Lines") at the Building in or serving the Premises, provided: :
(a) Tenant shall obtain obtains Landlord's prior written consent, which consent may be conditioned as required by Landlord, (b) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall must be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and (c) Tenant shall will pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines which are installed in violation of these provisions.
2. Landlord may (may, but shall is not have the obligation obligated to): : (i) install new Lines at the Property, and (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease.
3. Tenant shall may not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be is null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have has no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"'): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall will any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord will in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Sources: Office Lease (Tenera Inc)
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: :
(a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic reallocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Linesperiod of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article IX13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables cables, and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: :
(a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal, or use shall comply with all laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiationradiation (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IXreasonably direct, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall notmonitor, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.and/or
Appears in 1 contract
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: :
(a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 7, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, and (cf) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) business days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, Property (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or 20 22 otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 24 (including without limitation, costs for acquiring, and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect finance charges) over the period of time prescribed by Article 24. Tenant hereby reserves the right to remove any or all Lines installed by or for Tenant within or serving the LinesPremises upon termination of this Lease. Notwithstanding anything anything, to the contrary contained in Article IX12, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Tenant shall nothave a reasonable period of time to complete such removal. Any Lines not required to be removed pursuant to this Article shall, without at Landlord's option, become the prior written consent property of Landlord in each instance(without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, grant or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to any third party a security interest Tenant, remove such Lines or lien in or to the Linesremedy such other violation, and any such security interest or lien granted at Tenant's expense (without limiting Landlord's written consent shall be null and voidother remedies available under this Lease or applicable Law). Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized partiesparties other than by Landlord, its agents or employees, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. Landlord shall be responsible for repairing all Line Problems caused by Landlord, its agents, employees, invitees or contractors, and Landlord shall use its best efforts to cause any third party causing such Line Problems to promptly repair such Line Problems.
Appears in 1 contract
Sources: Lease Agreement (Infocure Corp)
Communications and Computer Lines. 26.01 Subject to Tenant’s rights in Section 1.1, Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "“Lines"”) at the Building Real Property in or serving the Premises, provided: (ai) Tenant shall obtain Landlord's ’s prior written consentconsent for the installation of the same, which consent may be conditioned as required use an experienced and qualified contractor reasonably approved in writing by Landlord, and comply with all of the other provisions of Article 8 above; (bii) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Real Property; (iii) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Real Property, as determined in Landlord’s reasonable opinion; (iv) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, ; (v) Tenant’s rights shall be subject to the rights of any regulated telephone company; and (cvi) Tenant shall pay all costs in connection therewiththerewith as to its Lines. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the Real Property. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. At Landlord’s sole cost and expense, and in no event shall Tenant’s Lines be reduced, Landlord may (but shall not have the obligation to): (iA) install new Lines at the Real Property, ; (iiB) create additional space for Lines at the Property Real Property; and (iiiC) adopt reasonable reasonably direct, monitor and/or supervise the installation, maintenance, replacement and uniform rules removal of, the allocation and regulations with respect to periodic re-allocation of available space (if any) for, and the Lines. Notwithstanding anything to allocation of excess capacity (if any) on, any Lines now or hereafter installed at the contrary contained in Article IXReal Property by Landlord, Tenant or any other party (but Landlord reserves the shall have no right to require monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. Tenant shall have no obligation to remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease unless Tenant exercises its right to terminate the Lease under Rider No. 4, or if Landlord terminates the Lease due to a Tenant Event of Default, in which case Tenant shall, at Tenant’s sole cost and expense, remove such Lines upon the expiration or earlier termination of the Lease. Any Lines not required to be removed pursuant to this Article 28 shall, at Landlord’s option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required in accordance with the immediately preceding sentence,, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease or applicable Laws). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's ’s written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's ’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's ’s use of any Lines will be free from, from the following (collectively called "“Line Problems"”): (x1) any eavesdropping or wire-tapping by unauthorized parties, (y2) any failure of any Lines to satisfy Tenant's ’s requirements, or (z3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Real Property, by any failure of the environmental conditions or the power supply for the Real Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's ’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. The provisions of this Article 28 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Retail Lease (KBS Real Estate Investment Trust II, Inc.)
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires, cables cable and related devices (collectively the "Lines") at the Building in or serving the PremisesPromises, provided: (aA) Tenant shall obtain Landlord's prior written consent, which consent may be reasonably conditioned as required by Landlord, (bB) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the th normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and (cC) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines which are installed in violation of these provisions. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, and (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (xa) any eavesdropping or wire-tapping by unauthorized parties, (yb) any failure of any Lines to satisfy Tenant's requirements, or (zc) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Sources: Sublease (Chemconnect Inc)
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: :
(a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that the Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic reallocation of available space (if any) for, and the allocation of excess capacity (if any) on, any -------- --------- Tenant Landlord Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Linesperiod of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article IX13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, the following (collectively called "Line Problems"): (x) any eavesdropping or wire-wire tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirementsrequirement, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Sources: Office Lease (Unison Software Inc)
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "“Lines"”) at the Building in or serving the Premises, provided: (a) Tenant shall obtain Landlord's ’s prior written consent, which consent may be conditioned as required by Landlord, (b) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and (c) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines which are installed in violation of these provisions. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to the Lines, and any such security interest or lien granted without Landlord's ’s written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's ’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's ’s use of any Lines will be free from, the following (collectively called "“Line Problems"”): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's ’s requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's ’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: :
(a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re- allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Linesperiod of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article IX13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any may install communications or computer wires, cables and related electronic signal transmission devices (collectively the "“Lines"”) at the Building in or serving the Premises, provided: (a) provided such installation complies with the provisions of Article 9 of this Lease and such Lines do not interfere with the use of any then-existing Lines at the Project. Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required by Landlord, (b) if Tenant at contract with the Building Communications Provider for any time uses Lines it requires in the Building risers. The Lines for any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) radiation shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and (c) . Tenant’s rights under this Article 25 shall be subject to the rights of any regulated telephone company. Tenant shall pay all costs in connection therewithwith Tenant’s Lines. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Requirements or represent a dangerous or potentially dangerous condition. Landlord or the Building Communications Provider may (but shall not have the obligation to): (i) install new Lines at the PropertyProject, (ii) create additional space for and reasonably allocate any Lines installed at the Property Project by Landlord or the Communications Provider. Landlord or the Communications Provider may charge Tenant for the costs attributable to lines installed for Tenant, or Landlord may include those costs and all other costs in Operating Expenses (iiiincluding without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Leaseextent not an Excluded Expense. Tenant shall not, without the prior written consent of Landlord in each instance, not grant to any third party a security interest or lien in or to on the Lines, Lines without the prior written consent of Landlord in each instance and any such security interest or lien granted without Landlord's ’s written consent shall be null and void. Except to the extent arising from the intentional its gross negligence or negligent acts of willful misconduct a Landlord or Landlord's agents or employeesParty, Landlord shall have no liability for damages not be liable of Losses arising from, and Landlord does not warrant that the Tenant's ’s use of any Lines will be free from, from the following (collectively called "Line Problems"): line problems: (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's ’s requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the PropertyProject, by any failure of the environmental conditions or the power supply for the Project to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems such line problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's ’s obligations under this Lease. The Building will contain a multi-carrier in-Building distributed antenna system (“DAS”) for the benefit of all tenants. Tenant is responsible for maintaining the integrity of the DAS in the Premises. The system includes antennas installed below, through, and/or above the ceiling, connected by coaxial cable, splitters, and other components which are housed in blue-colored conduit (except in areas with open-ceiling designs) and junction boxes. Prior to commencement of any Tenant Improvements or demolition Tenant shall submit proposed floor plans to the operator of the DAS for radio frequency (RF) engineering review. Tenant is responsible for any changes, additions, or repairs needed to maintain the integrity of the DAS as a result of the demolition or Tenant Improvements. Only the operator of the DAS is authorized to relocate, add to, remove, or otherwise modify any portion of the DAS. This paragraph applies to any Tenant Improvements. Tenant shall not contract with another person for the provision of enhanced cellular service within the Premises or the Project. ▇▇▇▇▇▇▇▇ has contracted with ExteNet Systems, Inc. (the “Building Communications Provider” to be the exclusive provider of the communications backbone and DAS for the Project. The Building Communications Provider will install fiber and other cables from the from the communications points of entry into the Building to a “meet me room” and from the meet me room to the communications closets on each floor of the Building and other telecommunications equipment to permit communications providers to provide telecommunications services to the tenants of the Building. Tenant shall not be permitted to install its own fiber and other telecommunications cables in the Building outside the Premises except for connection to the telecommunications closet on the floor containing the Premises. Tenant shall contract with the Building Communications Provider for its telecommunications requirements. Landlord in no event shall be liable for damages by reason may change the identity of loss of profits, business interruption or other consequential damage arising the Building Communications Provider from any Line Problemstime to time.
Appears in 1 contract
Sources: Office Lease (Sezzle Inc.)
Communications and Computer Lines. 26.01 (a) Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (including, without limitation, junction boxes, connectors, conduits, inner ducts, or other supportive or protective materials or equipment) (collectively the "“Lines"”) at the Building and/or on the Land in or serving the Premises, provided: (ai) Tenant shall obtain Landlord's ’s prior written consentconsent (which shall not be unreasonably withheld, which consent may be conditioned as required or delayed), and use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of ▇▇▇▇▇▇▇▇▇ ▇▇, (b▇▇) any such installation, maintenance, replacement, removal or use shall comply with all laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Building, (iii) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined in Landlord’s reasonable opinion, (iv) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (v) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (vi) Tenant’s rights shall be subject to the rights of any regulated telephone company, and (cvii) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after notice. The installation of any Lines used to provide telecommunications services to the Premises shall not be a “Transfer” pursuant to Paragraph 14 hereof. At Tenant’s request, Landlord shall permit Yipes to provide communications services to Tenant in the Building without access charge.
(b) Landlord may (but shall not have the obligation to): (i) install new Lines at the PropertyBuilding, (ii) create additional space for Lines at the Property Building, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Building by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord pursuant to this Lease or by law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the reasonable costs attributable to Tenant, or may include those costs and uniform rules all other costs in Operating Expenses under Paragraph 1(f) (including without limitation, costs for acquiring and regulations installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with respect reasonable finance charges) to the Lines. extent required by Paragraph 1(f).
(c) Notwithstanding anything to the contrary contained in Article IXParagraph 10(a), Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon expiration or sooner termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such expiration or sooner termination. Any Lines not required to be removed pursuant to this Paragraph shall, at Landlord’s option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Paragraph, Landlord may, after twenty (20) days’ written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's ’s written consent shall be null and void. Except to the extent arising from the intentional gross negligence or negligent acts willful misconduct of Landlord or Landlord's ’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's ’s use of any Lines will be free from, from the following (collectively called "“Line Problems"”): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's ’s requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the PropertyBuilding, by any failure of the environmental conditions or the power supply for the Building to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of RentRental, or relieve Tenant from performance of Tenant's ’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Sources: Lease Agreement (JMP Group Inc.)
Communications and Computer Lines. 26.01 27.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building in or serving the Premises, ; provided: :
(a) Tenant shall obtain Landlord's prior written consent, which consent may reasonably be conditioned as required by Landlord, (b) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, and (c) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines which are installed in violation of these provisions. Landlord may (but shall not have the obligation to): (i) install new Lines at the Propertyproperty, and (ii) create additional space for Lines at the Property property, and (iii) adopt reasonable and uniform rules and regulations with respect to the Lines. Notwithstanding anything to the contrary contained in Article IX, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, . Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Propertyproperty. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.. -41-
Appears in 1 contract
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: :
(a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Promises, (f) Tenants rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in In violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i1) install new Lines at the Property, Property (ii11) create additional space for Lines at the Property Property, and (iii111) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may Include those costs and all other costs in operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Linesperiod of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article IX13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises Promises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant falls to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law), Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for or damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines .Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve relive Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Sources: Office Lease (Corechange Inc)
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "“Lines"”) at the Building Project in or serving the Premises, provided: (ai) Tenant shall obtain Landlord's ’s prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8 above; (bii) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Project; (iii) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Project, as determined in Landlord’s reasonable opinion; (iv) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, ; (v) Tenant’s rights shall be subject to the rights of any regulated telephone company; and (cvi) Tenant shall pay all costs in connection therewith. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the Project. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (iA) install new Lines at the Property, Project; (iiB) create additional space for Lines at the Property Project; and (iiiC) adopt reasonable reasonably direct, monitor and/or supervise the installation, maintenance, replacement and uniform rules removal of, the allocation and regulations with respect periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Project by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 4 above (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (including interest on the unamortized cost) over the period of time prescribed by Article 4 above. Notwithstanding anything to the contrary contained in Article IX15 above, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to such termination. Any Lines not required to be removed pursuant to this Article 28 shall, at Landlord’s option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article 28, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease or applicable Laws). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's ’s written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's ’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that Tenant's ’s use of any Lines will be free from, from the following (collectively called "“Line Problems"”): (x1) any eavesdropping or wire-tapping by unauthorized parties, (y2) any failure of any Lines to satisfy Tenant's ’s requirements, or (z3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the PropertyProject, by any failure of the environmental conditions or the power supply for the Project to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's ’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. The provisions of this Article 28 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "Lines") at the Building Property in or serving the Premises, provided: :
(a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Property, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, Property (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Linesperiod of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article IX13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"Problems-): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Sources: Office Lease (Corechange Inc)
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related electronic signal transmission devices (collectively the "Lines") at the Building in or serving the Premises, provided: :
(a) Tenant shall obtain Landlord's prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Complex, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Complex, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (cg) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the PropertyComplex, (ii) create additional space for Lines at the Property Complex, and (iii) adopt reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Complex by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by Law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Article 24 (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable and uniform rules and regulations with respect to finance charges) over the Linesperiod of time prescribed by Article 25. Notwithstanding anything to the contrary contained in Article IX13, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord so notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Article, Landlord may, after twenty (20) days written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or to on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the PropertyComplex, by any failure of the environmental conditions or the power supply for the Complex to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Communications and Computer Lines. 26.01 Tenant may, in a manner consistent with the provisions and requirements of this Lease, may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the "“Lines"”) at the Building Property in or serving the Premises, provided: (a) Tenant shall obtain Landlord's ’s prior written consent, which consent may be conditioned as required use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Article 8, (b) any such installation, maintenance, replacement, removal or use shall comply with all Laws applicable thereto and good work practices, and shall not interfere with the use of any then existing Lines at the Property, (c) Tenant shall not use a number of spare Lines disproportionate to the Tenant’s Prorata Share of space in the Building, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) Tenant’s rights shall be subject to the rights of any regulated telephone company, and (cf) Tenant shall pay all reasonable costs in connection therewith. Landlord shall at all times maintain exclusive control over all risers (including, without limitation, their use) located at the Property but shall provide reasonable access to such risers, which may be through a riser management company. Landlord reserves the right to require that Tenant remedy and subsequently remove any Lines located in or serving the Premises which are installed in violation of these provisionsprovisions if Tenant is unable to remedy such defects, or which are at any time in violation of any Laws or represent a dangerous or potentially dangerous condition (if such Lines were installed by Tenant or any other party) at the discretion of Tenant, within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Property, Property (ii) create additional space for Lines at the Property Property, and (iii) adopt reasonable reasonably direct, monitor and/or supervise, through a riser management company, if Landlord so elects, the installation, maintenance, replacement and uniform rules removal of, the allocation and regulations with respect periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Property by Landlord, Tenant or any other party (but Landlord shall not monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to the LinesLandlord by Law or otherwise. Notwithstanding anything to the contrary contained in Article IXIf Landlord exercises any such rights, Landlord reserves may charge Tenant for the right costs attributable to require that Tenant remove any Tenant, or may include those costs and all other costs in Operating Expenses under Article 25 (including without limitation, costs for acquiring and installing Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Tenant shall not, without the prior written consent of Landlord in each instance, grant and risers to any third party a security interest or lien in or to the accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, riser management fees, and the fees of any such security interest or lien granted without Landlord's written consent consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be null and voidamortized (together with reasonable finance charges) over the period of time prescribed by Article 25. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's ’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's ’s use of any Lines will be free from, from the following (collectively called "“Line Problems"”): (x) any eavesdropping or wire-tapping by unauthorized partiesparties not controlled by Landlord, (y) any failure of any Lines to satisfy Tenant's ’s requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Property, by any failure of the environmental conditions or the power supply for the Property to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's ’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems. The provisions of this Article shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract