Fill and Sign the Free Equipment Rental Contract Template Rental Software Form

9.02[9][b]b Example 7: Version 2: Clause Dealing with the Installation, Maintenance, Use and Operation of Communications Equipment When There Is a Rooftop ManagerIn the next example, however, the landlord attempts to distance itself from the tenants and other occupants of the rooftop by substituting a rooftop manager to deal with the users. Section 9.02(a). Landlord understands that during the Term Tenant may require communication services in connection with the operation of Tenant's business which would necessitate the construction, installation, operation and use by Tenant of one (1) large microwave dish (the diameter of which shall not exceed three (3) meters) and three (3) small microwave dishes (the diameter of each of which shall not exceed two (2) meters), together with related equipment, mountings and supports (collectively, the "Antenna") on the roof of the Building. Within one hundred eighty (180) days after the date hereof, Tenant shall notify the company licensed by Landlord to manage the use of the roof for telecommunications purposes (the "Roof Manager") of the frequency and band desired by Tenant for the Antenna, the type of satellite equipment required by Tenant, the location on the roof where Tenant desires to have the Antenna located, and any other requirements or specifications which Tenant shall have with respect to the Antenna (collectively, the "Antenna Specifications"). If Tenant delivers the Antenna Specifications to the Roof Manager within such one hundred eighty (180) day period, the Roof Manager shall reserve the location and frequency which Tenant desires, provided, however, that if the Roof Manager suggests a substitute location for the Antenna, which substitute location accommodates the Antenna Specifications, such substitute location shall be deemed acceptable to Tenant. If Tenant does not deliver the Antenna Specification to the Roof Manager within such one hundred eighty (180) day period, Landlord and Roof Manager shall have the obligation to reserve any portion of the roof for Tenant's use for the Antenna and the use of the roof shall be allocated to the Roof Tenants on a "first come, first served" basis. Tenant's use of the roof of the Building shall be on a non-exclusive basis. Tenant shall not be required to pay additional rent or license fees to Landlord or the Roof Manager to use a portion of the roof of the Building for the Antenna or for cabling or access, but shall be required to enter into an agreement with the Roof Manager, which agreement shall include (i) provisions governing frequency coordination among the Roof Tenants, (ii) regulation and restrictions governing the installation of the Antenna if such installation shall be effectuated by Tenant, (iii) provisions governing access to the roof and (iv) additional provisions as are reasonable or customary for such agreements. Landlord will use reasonable efforts to cause the Roof Manager to enforce the provisions of the agreements it enters into with other Roof Tenants, including, without limitation, provisions regarding interruption, interference (beyond a de minimis amount) or disturbance to the reception or transmission of communication signals. In connection with Tenant's use of the roof of the Building, Landlord or the Roof Manager shall make available to Tenant, subject to the provisions of Section 41.7 hereof, access to the roof for the construction, installation, maintenance, repair, operation and use of the Antenna as well as reasonable space in the Building to run electrical and telecommunications conduits from the Antenna to the Premises. Any such access, however, shall be limited to such times as Tenant or Tenant Personnel is accompanied by Landlord Personnel or the Roof Manager, it being agreed that Landlord or the Roof Manager shall be available on reasonable notice to accompany Tenant or Tenant Personnel, provided, however, that Landlord and/or the Roof Manager shall provide access on a twenty-four (24) hour basis for emergency maintenance or emergency repair of the Antenna. The installation of the Antenna shall constitute an Alteration and shall be performed at Tenant's sole cost and expense (including, without limitation, any costs and expenses in connection with reinforcing the roof of the Building, if required) in accordance with and subject to the provisions of Article 4 hereof and except as otherwise expressly set forth in this Article 9.02, the Antenna shall be deemed for all purposes of this Lease to be a Specialty Alteration. All of the provisions of this Lease with respect to Tenant's obligations hereunder shall apply to the installation, use and maintenance of the Antenna, including, without limitation, provisions relating to compliance with Requirements, insurance, indemnity, repairs and maintenance. The license granted to Tenant in this Article 9.02 shall not be assignable by Tenant separate and apart from this Lease except that an Affiliate of Tenant may use same if such Affiliate is a tenant in the Building.Section 9.02(b). Landlord retains the right to use the portion of the roof on which the Antenna is not located for any purpose whatsoever. Landlord shall not interfere with the use of the Antenna or cause the transmission or reception of communication signals to be interrupted or materially impaired by virtue of any site condition existing on the roof of the Building, it being understood and agreed, however, that Landlord shall have no obligation or responsibility for any interruption or any interference caused by atmospheric conditions or by Persons other than Landlord Personnel. Tenant shall use the Antenna so as not to cause any interference with other tenants in the Building or any other Roof Tenants or interruption or interference (beyond a de minimis amount) with or disturbance to the reception or transmission of communication signals by or from any antennas, satellite dishes or similar equipment previously installed by Landlord, the Roof Manager, any other tenant in the Building or any other Roof Tenant or damage to or interference with the operation of the Building or Building Systems. If, after any portion of the Antenna which does not conform to the Antenna Specifications in any respect is installed by Tenant, it is discovered that the Antenna causes any such interference, damage or disturbance, then Tenant, at its sole cost and expense, shall relocate its Antenna to another available area on the roof reasonably designed by Landlord or the Roof Manager. If such interference or disturbance still occurs despite such relocation, or if no portion of the roof is available for such relocation, Tenant, at its sole cost and expense, shall remove the Antenna from the roof of the Building. In the event Tenant fails to relocate or remove the Antenna, Landlord or the Roof Manager may do so, and Tenant shall promptly reimburse Landlord or the Roof Manager for any reasonable costs incurred by Landlord or the Roof Manager in connection therewith. Section 9.02(c). If Tenant is in default under any provision of this Article 9.02, and said default continues for a reasonable period of time after notice to Tenant (unless such default cannot be cured within a reasonable time but Tenant has commenced and is diligently prosecuting such cure), then, without limiting Landlord's rights and remedies Landlord may otherwise have under this Lease, Tenant, upon written notice from Landlord or the Roof Manager, shall at Tenant's sole cost and expense immediately discontinue its use of the Antenna and remove the same from the roof of the Building. Section 9.02(d). In addition to the right of Landlord to cause Tenant to relocate the Antenna pursuant to Section 9.02(b) hereof, Landlord at its option may at any time during the Term after reasonable prior notice to Tenant (except in the event of an emergency) relocate the Antenna to another area on the roof designated by Landlord or the Roof Manager, provided that such relocation does not affect the Antenna Specifications (other than the location on the roof where Tenant desires to place the Antenna), does not cause the transmission or receipt of communication signals to be interrupted or materially impaired other than temporarily in connection with such relocation and, except as set forth with respect to Landlord's or the Roof Manager's right to cause Tenant to relocate the Antenna pursuant to Section 9.02(b) hereof, such relocation shall be performed at the Roof Manager's sole cost and expense.Section 9.02(e). (A) Landlord shall not have any obligations with respect to the Antenna or compliance with any Requirements relating thereto (including, without limitation, the obtaining of any required site plan approvals, permits or licenses, or the maintenance thereof), nor shall Landlord be responsible for any damage that may be caused to Tenant or the Antenna by any other tenant or occupant of the Building or any other Roof Tenant, provided, however, Tenant shall have the right to make a claim against any other tenant or occupant of the Building or any Roof Tenant for such damage. Landlord makes no representation that the Antenna will be able to receive or transmit communication signals without interference, interruptions or disturbance (whether or not by reason of the installation or use of similar equipment by any other Roof Tenant) and Tenant agrees that Landlord shall not be liable to Tenant therefor. (B) Tenant, at Tenant's sole cost and expense, shall paint and maintain the Antenna in either white, the color of the curtain wall of the Building, or such other color as Landlord shall reasonably determine, and Tenant shall install such lightning rod or air terminals on or about Antenna as Landlord or the Roof Manager may reasonably require. (C) Tenant shall (i) be solely responsible for any damage caused to Landlord or any other Person or to property as a result of the installation, maintenance or use of the Antenna unless such damage is caused by Landlord's negligence or willful misconduct, (ii) promptly pay any tax, license, permit or other fees or charges imposed pursuant to any Requirements relating to the installation, maintenance or use of the Antenna, (iii) promptly comply with all precautions and safeguards recommended by Landlord's insurance company and all Governmental Authorities, and (iv) perform all necessary repairs or replacements to, or maintenance of, the Antenna. Section 9.02(f). Tenant acknowledges and agrees that the privileges granted Tenant under this Article 9.02 shall merely constitute a license and shall not, now or at any time after the installation of the Antenna, be deemed to grant Tenant a leasehold or other real property interest in the Building or any portion thereof. The license granted to Tenant in this Article 9.02 shall automatically terminate and expire upon the expiration or earlier termination of this Lease and the termination of such license shall be self-operative and no further instrument shall be required to effect such termination. The foregoing notwithstanding, upon request by Landlord, Tenant, at Tenant's sole cost and expense, shall promptly execute and deliver to Landlord, in recordable form, any certificate or other document confirming the termination of Tenant's right to use the roof of the Building. Section 9.02(g). In Landlord's or the Roof Manager's reasonable discretion (whichever shall be responsible for administering the communication facilities on the roof), any work to be performed on the roof of the Building or in the Building outside of the Premises in connection with the construction, installation, repair or maintenance of the Antenna shall be performed by Landlord or the Roof Manager at Tenant's sole cost and expense. If Tenant shall perform any of the aforementioned work, such work shall be performed by contractors approved by Landlord or the Roof Manager (whichever shall be responsible for administering the communication facilities on the roof), which approval shall not be unreasonably withheld or delayed. Tenant shall, within ten (10) days after demand therefor, reimburse Landlord for all reasonable and competitive costs and expenses incurred by Landlord or the Roof Manager in connection therewith.