Common use of LICENSE TO USE ROOF IN CONNECTION WITH SATELLITE DISH AND ANENNAS Clause in Contracts

LICENSE TO USE ROOF IN CONNECTION WITH SATELLITE DISH AND ANENNAS. 37.01. Provided Tenant is not in default under the terms of this Lease beyond any applicable notice and cure period, Tenant, upon ten (10) days written notice to Landlord shall have the right to install a Satellite Dish, antennas and other equipment/infrastructure supporting Tenant's operations (collectively, "Satellite Equipment") on the roof of the Building on the following conditions: (1) Tenant shall have the right to install the Satellite Equipment at no additional charge to Tenant; (2) Tenant may only run cable and conduits from the Satellite Equipment to the Demised Premises (which shall include the Expansion Space subsequent to its lease commencement date) in the manner and location approved by Landlord, but in no event through any other tenant's premises. Tenant shall repair any damage to the roof or other parts of the Building caused by the installation, presence, use of and removal of the Satellite Equipment and any related cables, conduits or equipment installed by or on behalf of Tenant; (3) The Satellite Equipment, cables and conduits shall remain the property of Tenant for the term of this Lease. Upon the expiration of the Lease term, Tenant, at its sole cost and expense, shall remove the Satellite Equipment and any related cables, conduits or equipment and repair any damage to the Building caused by the installation, use or removal; (4) Tenant shall provide Landlord with a survey describing the proposed mounting method, location, point of entry to the Building and cable route, which will require Landlord's approval,which shall not be unreasonably withheld, conditioned or delayed, prior to installation; (5) Tenant may not hire any contractor to install the Satellite Equipment without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall promptly notify Landlord of the name of the contractor and provide Landlord with whatever information Landlord deems necessary in determining whether the contractor is acceptable. All work shall be conducted by workmen bonded in amounts reasonably acceptable to Landlord. Furthermore, Tenant will provide insurance coverage and certificates in the amounts more specifically set forth in the Lease, naming Landlord, its lender, its managing agent, and any and all other parties required by Landlord, as additional insured; (6) Tenant shall at no time create a nuisance or unreasonably interfere with the rights of other tenants in the Building or the use of common areas, elevators or stairways; (7) Tenant will apply for all necessary approvals, permits and licenses at no cost to Landlord. Tenant and its contractors shall not perform any work unless and until all necessary approvals, permits and licenses have been obtained by Tenant. Tenant shall provide Landlord with copies of all applications for approvals, permits and licenses as well as all approvals, permits and licenses issued prior to the commencement of any work for Landlord's prior review; (8) Tenant will provide Landlord with certificates of completion and lien releases. Tenant warrants that no mechanic's lien will attach as a result of the installation and in the event a mechanic's lien is filed, the same will be bonded and discharged within no more than ten (10) days;(9) Tenant agrees that the use of the Satellite Equipment will not materially interfere with the transmission or reception equipment presently or subsequently located on the Building. If the installation of the Satellite Equipment should cause measurable interference, Tenant shall eliminate it in a timely manner after notice from Landlord. Furthermore, if the placement of the Satellite Equipment in any way unreasonably interferes with the Landlord's use of the roof, upon written notice from Landlord, Tenant shall, at its sole cost and expense, relocate the Satellite Equipment to a different portion of the roof agreed upon by Landlord; and (10) Tenant will indemnify and hold Landlord its agents, employees harmless from and against all liability, damages, costs and expenses, including reasonable attorney's fees, incurred by Landlord arising out of or in connection with Tenant's installation, use, maintenance and removal of the Satellite Equipment, cables and conduits.

Appears in 1 contract

Sources: Lease Agreement (1 800 Flowers Com Inc)

LICENSE TO USE ROOF IN CONNECTION WITH SATELLITE DISH AND ANENNAS. 37.01. Provided Tenant is not in default under the terms of this Lease beyond any applicable notice and cure period, Tenant, upon ten (10) days written notice to Landlord shall have the right to install a Satellite Dish, antennas and other equipment/infrastructure supporting Tenant's operations (collectively, "Satellite Equipment") on the roof of the Building on the following conditions: (1) Tenant shall have the right to install the Satellite Equipment at no additional charge to Tenant; (2) Tenant may only run cable and conduits from the Satellite Equipment to the Demised Premises (which shall include the Expansion Space subsequent to its lease commencement date) in the manner and location approved by Landlord, but in no event through any other tenant's premises. Tenant shall repair any damage to the roof or other parts of the Building caused by the installation, presence, use of and removal of the Satellite Equipment and any related cables, conduits or equipment installed by or on behalf of Tenant; (3) The Satellite Equipment, cables and conduits shall remain the property of Tenant for the term of this Lease. Upon the expiration of the Lease term, Tenant, at its sole cost and expense, shall remove the Satellite Equipment and any related cables, conduits or equipment and repair any damage to the Building caused by the installation, use or removal; (4) Tenant shall provide Landlord with a survey describing the proposed mounting method, location, point of entry to the Building and cable route, which will require Landlord's approval,which shall not be unreasonably withheld, conditioned or delayed, prior to installation; (5) Tenant may not hire any contractor to install the Satellite Equipment without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall promptly notify Landlord of the name of the contractor and provide Landlord with whatever information Landlord deems necessary in determining whether the contractor is acceptable. All work shall be conducted by workmen bonded in amounts reasonably acceptable to Landlord. Furthermore, Tenant will provide insurance coverage and certificates in the amounts more specifically set forth in the Lease, naming Landlord, its lender, its managing agent, and any and all other parties required by Landlord, as additional insured; (6) Tenant shall at no time create a nuisance or unreasonably interfere with the rights of other tenants in the Building or the use of common areas, elevators or stairways; (7) Tenant will apply for all necessary approvals, permits and licenses at no cost to Landlord. Tenant and its contractors shall not perform any work unless and until all necessary approvals, permits and licenses have been obtained by Tenant. Tenant shall provide Landlord with copies of all applications for approvals, permits and licenses as well as all approvals, permits and licenses issued prior to the commencement of any work for Landlord's prior review; (8) Tenant will provide Landlord with certificates of completion and lien releases. Tenant warrants that no mechanic's lien will attach as a result of the installation and in the event a mechanic's lien is filed, the same will be bonded and discharged within no more than ten (10) days;(9days; (9) Tenant agrees that the use of the Satellite Equipment will not materially interfere with the transmission or reception equipment presently or subsequently located on the Building. If the installation of the Satellite Equipment should cause measurable interference, Tenant shall eliminate it in a timely manner after notice from Landlord. Furthermore, if the placement of the Satellite Equipment in any way unreasonably interferes with the Landlord's use of the roof, upon written notice from Landlord, Tenant shall, at its sole cost and expense, relocate the Satellite Equipment to a different portion of the roof agreed upon by Landlord; and (10) Tenant will indemnify and hold Landlord its agents, employees harmless from and against all liability, damages, costs and expenses, including reasonable attorney's fees, incurred by Landlord arising out of or in connection with Tenant's installation, use, maintenance and removal of the Satellite Equipment, cables and conduits.

Appears in 1 contract

Sources: Lease Agreement (1 800 Flowers Com Inc)