Common use of Telephone and Data Clause in Contracts

Telephone and Data. (i) Landlord shall maintain, repair and replace a telecommunications infrastructure (such infrastructure, together with any riser space that Tenant may use pursuant to Article 26 below, is referred to herein as “Landlord’s Telecommunication Infrastructure“), and Tenant shall be permitted to utilize portions thereof, all as more specifically set forth in Exhibit N attached hereto. Landlord agrees that the Landlord’s Telecommunications Infrastructure shall be sufficiently large, and shall contain equipment having sufficient capacity, to accommodate the Lines and telecommunications equipment of Tenant and the telecommunications equipment of the other tenants and occupants of the Building entitled to use the same, and to accommodate reasonable expansions of such uses in connection with reasonably foreseeable changes in technology. All of Landlord’s equipment located in Landlord’s Telecommunications Infrastructure shall be state-of-the-art as of the Effective Date, and Tenant shall have the right to require that Landlord thereafter cause such equipment to be updated to reflect changes in technology in a manner consistent with comparable Class A office buildings in downtown Chicago (in which event any capital expenditures incurred by Landlord in connection therewith shall be included in Operating Expenses in accordance with the same terms as otherwise set forth in clause (42) of Paragraph 3(B)(iii) hereof, amortized as set forth in said clause (42)). (ii) The installation, maintenance, repair and replacement of any such Lines (and the conduit sleeves, which shall be installed by Landlord at Landlord’s sole cost and expense, for the same) in the Building Riser Closets and the NetPOP Rooms (as each such term is defined in Exhibit N) (herein, the “Riser Closets“ and the “NetPOP Rooms“, respectively) shall be performed by contractors selected by Tenant and approved in advance by Landlord, such approval not to be unreasonably withheld, and, at Landlord’s election, under the supervision of Landlord’s riser manager. Landlord shall not impose any separate charges on Tenant for any use of the Landlord’s Telecommunications Infrastructure by Tenant pursuant to this Lease (including this Article 6, Article 26, Article 27 and/or Article 37 hereof), except for costs relating thereto that are permitted to be included in Operating Expenses pursuant to Article 3 hereof. All installation, maintenance, repair and replacement work performed by Tenant under this Paragraph 6(H) shall be performed in accordance with the respective terms and conditions of this Lease governing such activities (including the terms of the Workletter or Article 7 hereof, as applicable). (iii) Tenant shall be permitted to obtain telecommunications service (voice and/or data) from such providers as it elects from time to time. Landlord shall permit any such providers to install facilities in the NetPOP Rooms in locations therein reasonably designated by Landlord. Any such installation shall be subject to Paragraph 27(B). Landlord shall not limit the number of, or impose any charge or unreasonable requirements on, such providers.

Telephone and Data. (i) As a part of Landlord’s Work Landlord shall construct, and thereafter Landlord shall operate, maintain, repair and replace replace, a telecommunications infrastructure (such infrastructure, together with any riser space that Tenant may use pursuant to Article 26 below, is referred to herein as “Landlord’s Telecommunication Infrastructure“), and Tenant shall be permitted to utilize portions thereof, all as more specifically set forth ”) consisting of: (1) two (2) rooms in Exhibit N attached hereto. Landlord agrees that the Landlord’s Telecommunications Infrastructure shall be sufficiently large, and shall contain equipment having sufficient capacity, to accommodate the Lines and telecommunications equipment of Tenant and the telecommunications equipment of the other tenants and occupants basement level of the Building entitled to use (each a “Building NetPOP Room”) as shown on the sameSchematic Design Drawings, (2) not fewer than two (2) 4-inch conduits, and to accommodate reasonable expansions not fewer than one (1) of such uses in connection with reasonably foreseeable changes in technology. All of Landlord’s equipment located in Landlord’s Telecommunications Infrastructure shall be state-of-the-art as which runs from the boundary line of the Effective DateLand into each Building NetPOP Room, (3) two (2) vertical pathways for conduits, and Tenant one from each of the Building NetPOP Rooms to the top floor of the Building (each a “Building Telecommunications Wiring Room”) as shown on the Existing Drawings, and (4) one (1) room on an upper level of the Building as Landlord shall have designate for satellite communications equipment (the right to require that Landlord thereafter cause such equipment to be updated to reflect changes in technology in a manner consistent with comparable Class A office buildings in downtown Chicago (in which event any capital expenditures incurred by Landlord in connection therewith shall be included in Operating Expenses in accordance with the same terms as otherwise set forth in clause (42) of Paragraph 3(B)(iii) hereof, amortized as set forth in said clause (42)“Building SatPOP Room”). (ii) Tenant shall be permitted to use up to Tenant’s Pro Rata Share of the cross sectional area of the Building Telecommunications Wiring Rooms and the Building SatPOP Room for the installation of such conduits (including pullboxes) as Tenant shall require (a) from the Building NetPOP Rooms and the Building SatPOP Room to any floors or floors of the Premises, or (b) among floors of the Premises. The installation, maintenance, repair and replacement of any such Lines (and the conduit sleeves, which shall be installed by Landlord at Landlord’s sole cost and expense, for the same) conduits in the Building Riser Closets and the NetPOP Communications Wiring Rooms (as each such term is defined in Exhibit N) (herein, the “Riser Closets“ and the “NetPOP Rooms“, respectively) shall be performed by contractors selected by Tenant and approved in advance by Landlord, such approval not to be unreasonably withheld, and, at Landlord’s election, under the supervision of Landlord’s riser manager. Landlord shall not impose any separate charges on Tenant for any use of the Landlord’s Telecommunications Infrastructure by Tenant pursuant to this Lease (including this Article 6, Article 26, Article 27 and/or Article 37 hereof), except for costs relating thereto that are permitted to be included in Operating Expenses pursuant to Article 3 hereof. All installation, maintenance, repair and replacement work performed by Tenant under this Paragraph 6(H) shall be performed in accordance with the respective terms and conditions of this Lease governing such activities (including the terms of the Workletter or Article 7 hereof, as applicable). (iii) Tenant shall be permitted to obtain telecommunications service (voice and/or data) from such providers as it elects from time to time. If Tenant shall so request, Landlord shall permit any such providers to install facilities in the Building NetPOP Rooms in locations therein reasonably designated by Landlord. Any such installation shall be Rooms, subject to Paragraph 27(B)availability. Landlord shall not limit the number of, or impose any charge or unreasonable other requirements on, such providers.