Common use of Conduits Clause in Contracts

Conduits. In connection with Tenant’s Initial Alterations, Landlord hereby grants to Tenant an exclusive license (coterminous with the Term), subject to and in accordance with the provisions of this Section 10.17, Article 4 hereof and the Work Letter, to install and use up to (A) two (2) four inch (4”) conduit risers running from the east point of entry room located in the basement of the Building and (B) two (2) four inch (4”) conduit risers running from the west point of entry room located in the basement of the Building to the two (2) telecom closets located on the nineteenth (19th) floor of the Building (or such other telecom closets located on any full floor of the Premises selected by Tenant subject to and in accordance with the terms of Article 4 hereof) (the risers under clauses (A) and (B) above, together with all associated lines, wiring and cabling, collectively, the “Conduit Risers” and, together with the Gas Riser, collectively, the “Risers”)), in the location(s) shown on Exhibit S attached hereto, solely for the installation, repair and replacement, at Tenant’s sole expense, of Tenant’s lines, wiring and cabling for its reasonable voice and data requirements, provided that the location of the Conduit Risers and its manner of installation and use shall not adversely affect (i) the occupancy of other tenants, (ii) Landlord’s use or operation of the Building, the Common Areas or premises leased to, or available for lease to, other tenants or (iii) the proper functioning of the Building Systems (in each case (i) through (iii) as determined by Landlord in its reasonable discretion). Landlord assumes no responsibility either for or in connection with the installation, maintenance, or operation of the Conduit Risers or for the safeguarding thereof, nor shall Landlord be under any other obligation or liability of any kind whatsoever in connection with this Section 10.17 either financially or otherwise. All reasonable costs of any studies and/or examinations performed in connection with the determination of the location(s) of the Conduit Risers shall be the sole responsibility of Tenant.

Conduits. (a) In connection with Tenant’s Initial Alterations, Landlord hereby grants to Tenant an exclusive license (coterminous with the Term), subject to and in accordance with the provisions of this Section 10.1710.15, Article 4 hereof and the Work Letter, to install and use up to (A) two use one (21) four inch (4”) conduit risers riser running from the east point of the entry room located in the basement of the Building and one (B) two (21) four inch (4”) conduit risers riser running from the west point of the entry room located in the basement of the Building in either case to one of the two (2) telecom riser closets located on the fifth (5th) floor of the Building, (B) use one (1) additional four inch (4”) conduit running from either the east or west point of entry room located in the basement of the Building (which point of entry room will be selected by Landlord) to one of the two (2) telecom riser closets located on the nineteenth fifth (19th5th) floor of the Building, (C) install and use one (1) four inch (4”) conduit in each of the two telecom riser closets running from the fifth (5th) floor to the forty-seventh (47th) floor of the Building (or such other telecom closets located on any full floor of the Premises selected by Tenant subject to and in accordance with the terms of Article 4 hereof) and (D) use Tenant’s proportionate share of riser space to run its telecommunications lines between one or more floors comprising the Premises and from the Premises to Tenant’s Telecommunications Equipment on the roof of the Building (the risers under clauses (A) and through (B) aboveC), together with all associated lines, wiring and cabling, collectively, the “Conduit Risers” and, together with the Gas Riser, collectively, the “Risers”)), in each case in the location(s) shown on Exhibit S O attached hereto, solely for the installation, repair and replacement, at Tenant’s sole expense, of Tenant’s lines, wiring and cabling for its reasonable voice and data requirementsand electrical requirements and Tenant’s Telecommunications Equipment, as applicable, provided that the location of the Conduit Risers and its manner of installation and use shall not adversely affect (i) the occupancy of other tenants, (ii) Landlord’s use or operation of the Building, the Common Areas or premises leased to, or available for lease to, other tenants or (iii) the proper functioning of the Building Systems (in each case (i) through (iii) as determined by Landlord in its reasonable discretion). Landlord assumes no responsibility either for or in connection with the installation, maintenance, or operation of the Conduit Risers or for the safeguarding thereof, nor shall Landlord be under any other obligation or liability of any kind whatsoever in connection with this Section 10.17 10.15 either financially or otherwise. All reasonable costs of any studies and/or examinations performed in connection with the determination of the location(s) of the Conduit Risers shall be the sole responsibility of Tenant. (b) Landlord’s consent to the installation and operation of the Conduit Risers shall not mean or imply that the Conduit Risers or their location, method of installation, appearance, safety or operation comply with Legal Requirements, and Landlord shall be under no duty to permit Tenant to install the Conduit Risers if the same is prohibited by any applicable Legal Requirements or insurance requirements. Tenant shall comply with all applicable Legal Requirements and insurance requirements with respect to the Conduit Risers. Tenant shall obtain and maintain, at Tenant’s sole cost and expense, all licenses and permits required for the installation, maintenance, replacement and operation of the Conduit Risers. Within thirty (30) days after request by Landlord, Tenant shall deliver to Landlord copies of any filings or statements which Tenant may be required to make, from time to time, with any Governmental Authority with respect to the use of the Conduit Risers. (c) The installation of the Conduit Risers shall be performed by Tenant upon and subject to the terms and conditions of Article 4 of this Lease and the other applicable provisions of this Lease. The method of installation, appearance, safety and operation of the Conduit Risers shall be subject to Landlord’s reasonable approval, which approval shall be granted or denied upon and subject to the applicable terms of this Lease. Tenant shall not alter or move the Conduit Risers without Landlord’s prior reasonable approval upon and subject to the terms and conditions of Article 4 of this Lease and the other applicable provisions of this Lease. (d) For the sole purpose of installing, servicing or repairing the Conduit Risers, Tenant and its Approved Contractors shall have access to such portions of the Building as may be necessary therefor at reasonable times upon reasonable notice to Landlord upon and subject to the applicable terms of this Lease, the rights of any tenants pursuant to the terms of their respective leases and any other reasonable requirements imposed by Landlord in connection therewith. Landlord shall use commercially reasonable efforts to exercise any rights available to Landlord under other leases in the Building in order to provide Tenant and its Approved Contractors with such access and Tenant shall pay to Landlord all out-of-pocket costs and expenses actually incurred by Landlord in connection therewith as Additional Rent within thirty (30) days after demand therefor. (e) Landlord may, from time to time, on not less than ninety (90) days’ prior notice, relocate the Conduit Risers to another location designated by Landlord. Tenant shall cooperate in all reasonable respects with Landlord in any such relocation. Such relocation shall be at Landlord’s sole cost and expense, unless such relocation shall occur solely on account of a temporary and/or permanent relocation(s) due to Tenant’s maintenance, repairs or replacement to the Conduit Risers. If such relocation shall be at Tenant’s expense, Tenant shall reimburse Landlord for the actual reasonable out-of-pocket costs thereof (without duplication) as Additional Rent within thirty (30) days after receipt of a statement therefor. Subject to Section 6.4 hereof, Landlord shall not be liable for any interruption in the use of the Conduit Risers during any period of relocation incurred by Tenant in connection therewith, although Landlord shall (subject to delays caused by Tenant and/or its agents, contractors or employees and/or by Force Majeure) use commercially reasonable efforts to minimize the scope and duration of such interruption, but without being obligated to employ overtime labor (unless requested to do so by Tenant, in which event Tenant will reimburse Landlord, as Additional Rent within thirty (30) days of demand, for any such overtime or similar costs incurred by Landlord at Tenant’s request) or to incur any extraordinary costs in connection therewith. Tenant shall promptly apply for, and maintain during the remainder of the Term, any license or permit required in connection with such relocation. (f) The rights granted in this Section 10.15 are given in connection with, and as part of, the rights created under this Lease and are not separately transferable or assignable from this Lease and may not be used by any Person other than Tenant and Tenant’s permitted assignees or subtenants, provided Landlord shall not charge any fee, rent or other direct or indirect charge for such use; provided, however, that Tenant shall be entitled to license a portion of the Conduit Risers to a third party carrier for the provision of communications and data services solely within the Premises, subject to Landlord’s reasonable approval (provided that no fee, rent or other direct or indirect charge shall be charged to the licensee therefor). (g) The license granted pursuant to this Section 10.15 shall terminate upon the expiration or sooner termination of the Term. This Section 10.15 does not, and shall not be deemed to, constitute a lease or a conveyance of any portion of the Building outside of the Premises by Landlord to Tenant or confer upon Tenant any right, title, estate or interest therein.