STATE, COUNTY OR OTHER LOCAL GOVERNING AUTHORITIES FOR THE
COMMUNICATIONS EQUIPMENT, TENANT SHALL HAVE NO REMEDY, CLAIM, CAUSE OF ACTION OR
RECOURSE AGAINST LANDLORD, NOR SHALL SUCH FAILURE OR INABILITY TO OBTAIN ANY
NECESSARY PERMITS OR APPROVALS PROVIDE TENANT THE OPPORTUNITY TO TERMINATE THIS
LEASE.
LANDLORD MAKES NO REPRESENTATIONS OR WARRANTIES CONCURRING THE SUITABILITY
OF THE ROOF OF THE BUILDING FOR THE INSTALLATION OPERATION, MAINTENANCE AND
REPAIR OF THE COMMUNICATIONS EQUIPMENT, TENANT HAVING SATISFIED ITSELF
CONCERNING SUCH MATTERS.
TENANT SHALL NOT HAVE ACCESS TO THE COMMUNICATIONS EQUIPMENT WITHOUT
LANDLORD'S REASONABLE PRIOR WRITTEN CONSENT, WHICH CONSENT SHALL BE GRANTED TO
THE EXTENT NECESSARY FOR TENANT'S OPERATION, USE, REPAIR AND
MAINTENANCE OF THE
COMMUNICATIONS EQUIPMENT AND ONLY IF TENANT IS ACCOMPANIED BY LANDLORD'S
REPRESENTATIVE (IF LANDLORD SO REQUESTS).
ANY SUCH ACCESS BY TENANT SHALL BE
SUBJECT TO REASONABLE RULES AND REGULATIONS RELATING THERETO ESTABLISHED FROM
TIME TO TIME BY LANDLORD, INCLUDING WITHOUT LIMITATION RULES AND REGULATIONS
PROHIBITING SUCH ACCESS UNLESS TENANT IS ACCOMPANIED BY LANDLORD'S
REPRESENTATIVE.
LANDLORD SHALL USE REASONABLE EFFORTS TO PROVIDE IMMEDIATE
ACCESS TO THE COMMUNICATIONS EQUIPMENT AS NECESSARY TO ACCOMMODATE TENANT'S
BUSINESS.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AFTER AT LEAST SIXTY (60)
DAYS' PRIOR WRITTEN NOTICE TO TENANT, LANDLORD SHALL HAVE THE RIGHT TO REQUIRE
TENANT TO RELOCATE THE COMMUNICATIONS EQUIPMENT, IF SUCH RELOCATION (I) IS
REQUIRED BY APPLICABLE LEGAL REQUIREMENTS OR IS REQUIRED IN CONNECTION WITH THE
PRUDENT MANAGEMENT OR OPERATION OF THE BUILDING, AND (II) NO OTHER AREA ON THE
ROOF IS SUFFICIENT TO MEET LANDLORD'S REQUIREMENTS.
IN SUCH EVENT THE NEW
LOCATION PROVIDED FOR TENANT'S RELOCATED COMMUNICATIONS EQUIPMENT SHALL BE
DEEMED THEREAFTER TO BE FOR TENANT'S EXCLUSIVE USE.
ANY SUCH RELOCATION SHALL
BE PERFORMED BY TENANT AT LANDLORD'S EXPENSE, AND IN ACCORDANCE WITH ALL OF THE
REQUIREMENTS OF THIS SECTION.
NOTHING IN THIS SECTION SHALL BE CONSTRUED AS
GRANTING TENANT ANY LINE OF SIGHT EASEMENT WITH RESPECT TO SUCH COMMUNICATIONS
EQUIPMENT; PROVIDED, HOWEVER, THAT IF LANDLORD REQUIRES THAT SUCH COMMUNICATIONS
EQUIPMENT BE RELOCATED IN ACCORDANCE WITH THIS SECTION 27.(F), THEN LANDLORD
SHALL USE REASONABLE EFFORTS TO PROVIDE EITHER (X) THE SAME LINE OF SIGHT FOR
SUCH COMMUNICATIONS EQUIPMENT AS WAS AVAILABLE PRIOR TO SUCH RELOCATION, OR (Y)
A LINE OF SIGHT FOR SUCH COMMUNICATIONS EQUIPMENT WHICH IS FUNCTIONALLY
EQUIVALENT TO THAT AVAILABLE PRIOR TO SUCH RELOCATION.
IT IS EXPRESSLY UNDERSTOOD THAT BY GRANTING TENANT THE RIGHT HEREUNDER,
LANDLORD MAKES NO REPRESENTATION AS TO THE LEGALITY OF SUCH COMMUNICATIONS
EQUIPMENT OR ITS INSTALLATION.
IN THE EVENT THAT ANY FEDERAL, STATE, COUNTY,
REGULATORY OR OTHER AUTHORITY REQUIRES THE REMOVAL OR RELOCATION OF SUCH
COMMUNICATIONS EQUIPMENT, TENANT SHALL REMOVE OR RELOCATE SUCH COMMUNICATIONS
EQUIPMENT AT TENANT'S SOLE COST AND EXPENSE, AND LANDLORD SHALL UNDER NO
CIRCUMSTANCES BE LIABLE TO TENANT THEREFOR.
THE COMMUNICATIONS EQUIPMENT MAY BE USED BY TENANT ONLY IN THE CONDUCT OF
TENANT'S CUSTOMARY BUSINESS IN THE PREMISES.
NO ASSIGNEE (OTHER THAN AN
ASSIGNEE OF THIS LEASE THAT IS A PARENT OR AFFILIATE OF TENANT OR OTHERWISE
PERMITTED BY SECTION 7.1(B) OR APPROVED BY LANDLORD UNDER