Wireless Network. a. Tenant may install a wireless intranet, internet, communications network or “Wi-Fi” (or other iteration thereof) capability (any of the foregoing being hereinafter referred to as a “Network”) within the Premises and the Conference Center. In the event that Tenant installs such a Network, it shall be for the use by and only by Tenant and its employees subject to the terms hereof (other than to permitted subtenants and assignees and Permitted Transferees). No antenna/transponder shall exceed one meter in size and shall, subject to the following provisions of this Section 13.1, conform to all FCC specifications. b. Tenant shall not solicit, suffer, or permit other tenants or occupants of the Building to use the Network or any other communications service, including, without limitation, any wired or wireless Internet service that passes through, is transmitted through, or emanates from the Premises and/or the Conference Center. c. Tenant agrees that Tenant’s communications equipment and the communications equipment of Tenant’s service providers and contractors retained to service the Premises and Conference Center including, without limitation, any antennas, switches, or other equipment (collectively, “Tenant’s Communications Equipment”) shall be of a type and, if applicable, a frequency, that will not cause radio frequency, electromagnetic, or other interference to any other party or any equipment of any other party including, without limitation, Landlord, other tenants, or occupants of the Building or any other party, in violation of FCC specifications concerning radio frequency interference (hereinafter referred to as “RFI”). In the event that Tenant’s Communications Equipment causes or is believed to cause any such prohibited RFI, upon receipt of notice from Landlord of such interference, Tenant will take all steps necessary to correct and eliminate the interference. If the prohibited RFI is not eliminated within twenty-four (24) hours (or a shorter period if Landlord believes a shorter period to be appropriate) then, upon request from Landlord, Tenant shall shut down Tenant’s Communications Equipment pending resolution of the interference, with the exception of intermittent testing upon prior notice to and with the approval of Landlord. No Network, or Tenant’s Communication Equipment may be installed in any lobby, corridor, building common area or any other area not within the exclusive control of Tenant specifically excluding the Conference Center. d. Tenant acknowledges that Landlord has granted and/or may grant lease rights, licenses, and other rights to various other tenants and occupants of the Building and to telecommunications service providers.
Appears in 1 contract
Sources: Lease Agreement (Pegasystems Inc)
Wireless Network. a. Subject to the terms and conditions of this Section 4.3, Tenant may shall have the right to install in the Premises a wireless intranet, internetInternet, and communications network or (also known as “Wi-Fi” ”) for the use of Tenant and its employees, clients, customers and invitees within the Premises (or other iteration thereof) capability (any of the foregoing being hereinafter referred to as a “Network”) within the Premises and the Conference Center. In the event that Tenant installs such a Network, it shall be for the use by and only by Tenant and its employees subject to the terms hereof (other than to permitted subtenants and assignees and Permitted Transferees). No antenna/transponder shall exceed one meter in size and shall, subject to the following provisions of this Section 13.1, conform to all FCC specifications.
b. Tenant shall not solicit, suffer, or permit other tenants or occupants of the Building to use the Network or any other communications service, including, without limitation, any wired or wireless Internet service that passes through, is transmitted through, or emanates from the Premises and/or the Conference Center.
c. Premises. Tenant agrees represents and warrants that Tenant’s communications equipment Network and the related communications equipment of Tenant’s and/or its service providers and contractors retained to service located in the Premises and Conference Center Premises, including, without limitation, any antennas, routers, access points, switches, or other equipment (collectively, “Tenant’s Communications Equipment”) shall be of a type and, if applicable, a frequency, frequency that will be consistent with commercially accepted protocols and shall not cause radio frequency, electromagnetic, or any other interference or disturbance to any other party or any customary office equipment of any other party including, without limitation, Landlord, other tenants, or occupants of the Building Building, any adjacent building or property, or any other party, in violation of FCC specifications concerning radio frequency interference (hereinafter referred to as “RFI”). In the event that Tenant’s Communications Equipment causes or is believed to cause any such prohibited RFIinterference, upon receipt of notice from Landlord of such interference, Tenant will take all steps necessary to correct and eliminate the interference. If the prohibited RFI interference is not eliminated within twenty-four (24) 24 hours (or a shorter period if Landlord believes a shorter period to be appropriate) then, upon request from Landlord, Tenant shall shut down the Tenant’s Communications Equipment pending resolution of the interference, with the exception of intermittent testing upon prior notice to and with the approval of Landlord, not to be unreasonably withheld. No Network, or Tenant’s Communication installation, maintenance and operation of the Network and Tenant’s Communications Equipment may be installed in any lobbyshall comply with all applicable Laws and Restrictions and the applicable provisions of this Lease including, corridor, building common area or any other area without limitation Section 4.2 above. Tenant acknowledges and agrees that Tenant’s rights hereunder are not exclusive within the exclusive control of Tenant specifically excluding the Conference Center.
d. Tenant acknowledges Building and that Landlord has granted and/or may grant lease rights, licenses, and other rights to various other tenants and occupants of the Building and to telecommunications service providersproviders for similar and/or related uses. Tenant will defend, indemnify and save Landlord harmless against and from any liability, loss, injury, damage, claim or suit resulting directly or indirectly from the installations, use and operation of Tenant’s Network and Tenant’s Communications Equipment, and this indemnity shall survive the termination of this Lease. d. INTENTIONALLY OMITTED. e. EXTERIOR SIGNAGE. Subject to the provisions of this Section 4.5, and provided that (i) Tenant is not in default of the terms and conditions of this Lease (beyond any applicable notice or cure period), and (ii) the Tenant originally named herein (or a Permitted Transferee) occupies at least 17,850 rentable square feet of space in the Building, the original named Tenant (or Permitted Transferee) shall have the right, at its sole cost and expense, to maintain one (1) exterior sign on the Route 128 side of the Building for the purpose of identifying Tenant (“Building Signage”), which Building Signage (including size, design, logo, color(s) and degree of illumination, if any, and location on method of attachment to the Building) shall be subject to the prior approval of Landlord (such approval not to be unreasonably withheld) and installed, maintained and operated in compliance with all applicable Laws and Restrictions. Landlord reserves the right to retain and grant other parties signage rights on Building. In no event shall Tenant have the right to utilize more than an allocable share of any such exterior signage based upon the square footage of the Premises in relation to the total square footage of space in, or signage available to, the Building. If necessary, Landlord shall provide electrical service to the exterior portion of the Building approximately where Tenant’s sign is to be located at Tenant’s sole cost. Tenant shall be responsible for obtaining and maintaining all necessary permits and approvals for such signage, along with all costs and expenses incurred by Landlord in connection therewith (including any taxes or assessments thereon and the cost of providing and maintaining electrical service thereto) and Landlord shall reasonably cooperate with Tenant in connection with obtaining such permits and approvals. Tenant shall pay such amounts within thirty (30) days of Landlord’s invoice therefor. At the expiration of earlier termination of the Lease, or in the event the original named Tenant (or Permitted Transferee) ceases to occupy at least 17,850 rentable square feet in the Building (except for periods of casualty, restoration or remodeling), Landlord shall have the right, at Tenant’s sole cost and expense, to remove Tenant’s Building Signage and repair and restore the Building to the same or better condition existing prior to such installation, or at Landlord’s election, Landlord shall require Tenant to so repair or restore.
Appears in 1 contract
Wireless Network. a. (a) Tenant may install shall have the non-exclusive right to install, at its sole cost and expense and subject to Landlord’s approval of Tenant’s plans and specifications therefor, a wireless intranet, internet, and/or communications network or “Wi-Fi” (or other iteration thereof) capability (any of the foregoing being hereinafter referred to as a “Network”) within the Leased Premises and the Conference Center. In the event that Tenant installs such a Network, it shall be for the use by and only by of Tenant and its employees at the Leased Premises (the “Network”), subject to the terms hereof (other than to permitted subtenants and assignees and Permitted Transferees). No antenna/transponder shall exceed one meter in size and shall, subject to the following provisions of this Section 13.1, conform to all FCC specificationsParagraph 17.1.
b. Tenant shall not solicit, suffer, or permit other tenants or occupants of the Building to use the Network or any other communications service, including, without limitation, any wired or wireless Internet service that passes through, is transmitted through, or emanates from the Premises and/or the Conference Center.
c. (b) Tenant agrees that Tenant’s communications the Network equipment and the communications equipment of (whether owned by Tenant or Tenant’s service providers and contractors retained to service contractors) located in the Leased Premises and Conference Center or elsewhere at the Property, including, without limitation, any antennas, switches, or other equipment (collectively, “Tenant’s Communications Network Equipment”) ), shall be of a type and, if applicable, a frequency, frequency that will not cause unreasonable radio frequency, electromagnetic, or other interference to any other party or any equipment of any other party including, without limitation, Landlord, other tenants, tenants or occupants of the Building Property or any other party, in violation of FCC specifications concerning radio frequency interference (hereinafter referred to as “RFI”). In the event that If Tenant’s Communications Network Equipment causes or is believed to cause any such prohibited RFIinterference, upon receipt of notice from Landlord of such interference, Tenant will take all steps necessary to correct and eliminate the interference. If the prohibited RFI interference is not eliminated within twentyforty-four eight (2448) hours (or a shorter period if Landlord believes a shorter period to be appropriate) then, upon request from Landlord, Tenant shall shut down Tenant’s Communications Network Equipment pending resolution of the interference, with the exception of intermittent testing upon prior notice to and with the approval of Landlord.
(c) Tenant’s Network Equipment and the related installation work (collectively, the “Network Equipment and Work”) shall be conducted in such a manner so as not to void or negatively impact any applicable warranties. No NetworkTenant shall supply Landlord with detailed plans and specifications of the Network Equipment and Work prior to the installation thereof for Landlord’s review and approval (which shall not be unreasonably withheld, conditioned, or delayed). Furthermore, Tenant shall have secured Landlord’s approval and the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for the Network Equipment and Work (if such governmental approval and/or permits are required), and shall provide copies of such approvals and permits (to the extent required) to Landlord prior to commencing any work with respect to such Network Equipment and Work. Tenant will keep and maintain the Network Equipment and Work in good condition and repair at all times and will promptly repair any damage to the Property or any portions thereof caused by such Network Equipment and Work. Upon the expiration or earlier termination of this Lease, Tenant shall remove such Network Equipment and Work and restore the Leased Premises. Tenant shall pay for any and all costs and expenses in connection with, and shall repair all damage resulting from, the installation, maintenance, use and removal of the Network Equipment and Work.
(d) Landlord shall not have any obligations with respect to Tenant’s Communication Network Equipment may and Landlord makes no representation that Tenant’s Network Equipment will be installed in any lobby, corridor, building common area able to receive or any other area transmit communication signals without interference or disturbance (whether or not within by reason of the exclusive control installation or use of similar equipment by Landlord or others at the Property) and Tenant specifically excluding the Conference Center.
d. Tenant acknowledges agrees that Landlord has granted and/or may grant lease rights, licenses, and other rights shall not be liable to various other tenants and occupants of the Building and to telecommunications service providersTenant therefor.
Appears in 1 contract
Sources: Lease Agreement (Biolase, Inc)
Wireless Network. a. Subject to the terms and conditions of this Section 4.3, Tenant may shall have the right to install in the Premises a wireless intranet, internetInternet, and communications network or (also known as “Wi-Fi” ”) for the use of Tenant and its employees, clients, customers and invitees within the Premises (or other iteration thereof) capability (any of the foregoing being hereinafter referred to as a “Network”) within the Premises and the Conference Center. In the event that Tenant installs such a Network, it shall be for the use by and only by Tenant and its employees subject to the terms hereof (other than to permitted subtenants and assignees and Permitted Transferees). No antenna/transponder shall exceed one meter in size and shall, subject to the following provisions of this Section 13.1, conform to all FCC specifications.
b. Tenant shall not solicit, suffer, or permit other tenants or occupants of the Building to use the Network or any other communications service, including, without limitation, any wired or wireless Internet service that passes through, is transmitted through, or emanates from the Premises and/or the Conference Center.
c. Premises. Tenant agrees represents and warrants that Tenant’s communications equipment Network and the related communications equipment of Tenant’s and/or its service providers and contractors retained to service located in the Premises and Conference Center Premises, including, without limitation, any antennas, routers, access points, switches, or other equipment (collectively, “Tenant’s Communications Equipment”) shall be of a type and, if applicable, a frequency, frequency that will be consistent with commercially accepted protocols and shall not cause radio frequency, electromagnetic, or any other interference or disturbance to any other party or any customary office equipment of any other party including, without limitation, Landlord, other tenants, or occupants of the Building Building, any adjacent building or property, or any other party, in violation of FCC specifications concerning radio frequency interference (hereinafter referred to as “RFI”). In the event that Tenant’s Communications Equipment causes or is believed to cause any such prohibited RFIinterference, upon receipt of notice from Landlord of such interference, Tenant will take all steps necessary to correct and eliminate the interference. If the prohibited RFI interference is not eliminated within twenty-four (24) 24 hours (or a shorter period if Landlord believes a shorter period to be appropriate) then, upon request from Landlord, Tenant shall shut down the Tenant’s Communications Equipment pending resolution of the interference, with the exception of intermittent testing upon prior notice to and with the approval of Landlord, not to be unreasonably withheld. No Network, or Tenant’s Communication installation, maintenance and operation of the Network and Tenant’s Communications Equipment may be installed in any lobbyshall comply with all applicable Laws and Restrictions and the applicable provisions of this Lease including, corridor, building common area or any other area without limitation Section 4.2 above. Tenant acknowledges and agrees that Tenant’s rights hereunder are not exclusive within the exclusive control of Tenant specifically excluding the Conference Center.
d. Tenant acknowledges Building and that Landlord has granted and/or may grant lease rights, licenses, and other rights to various other tenants and occupants of the Building and to telecommunications service providersproviders for similar and/or related uses. Tenant will defend, indemnify and save Landlord harmless against and from any liability, loss, injury, damage, claim or suit resulting directly or indirectly from the installations, use and operation of Tenant’s Network and Tenant’s Communications Equipment, and this indemnity shall survive the termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Color Kinetics Inc)