SUCH PORTIONS OF THE ROOF BY TENANT (INCLUDING, WITHOUT
LIMITATION, PROVISIONS RELATING TO COMPLIANCE WITH REQUIREMENTS AS TO INSURANCE,
INDEMNITY, REPAIRS AND MAINTENANCE), AND ALL SUCH PROVISIONS SHALL ALSO APPLY,
TO THE EXTENT APPROPRIATE, TO THE INSTALLATION, USE AND MAINTENANCE OF THE
SPECIAL EQUIPMENT.
EXCEPT FOR LANDLORD'S OBLIGATION TO PROVIDE, AT TENANT'S
COST, THE ROOF PENETRATION WORK FOR THE SUPPLEMENTAL ROOF HVAC EQUIPMENT
PURSUANT TO SECTION 6.1.7 ABOVE AND EXCEPT AS PROVIDED IN THIS SECTION 26.30,
LANDLORD SHALL HAVE NO OBLIGATION TO MAKE ANY CHANGES, IMPROVEMENTS OR
ALTERATIONS TO THE AREAS WHERE ANY OF THE SPECIAL EQUIPMENT IS LOCATED.
26.30.2
NON-EXCLUSIVE RIGHT.
IT IS EXPRESSLY UNDERSTOOD THAT LANDLORD
RETAINS THE RIGHT TO USE AND TO GRANT TO THIRD PARTIES THE RIGHT TO USE THE
PORTIONS OF THE ROOF AND OTHER AREAS OF THE BUILDING ON WHICH THE SPECIAL
EQUIPMENT IS NOT LOCATED, PROVIDED THAT TENANT SHALL HAVE REASONABLE ACCESS TO
THE SPECIAL EQUIPMENT, AND LANDLORD AND SUCH THIRD PARTIES SHALL NOT
UNREASONABLY INTERFERE WITH TENANT'S USE OF THE ROOF OR THE SPECIAL EQUIPMENT.
26.30.3
TENANT'S COVENANTS.
TENANT SHALL INSTALL, USE, MAINTAIN AND REPAIR
THE SPECIAL EQUIPMENT SO AS NOT TO (I) CAUSE DAMAGE TO THE BUILDING OR THE
BUILDING'S SYSTEMS AND EQUIPMENT, AND
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(II) OR UNREASONABLY INTERFERE WITH THE OPERATION OF THE BUILDING, OR THE
OPERATION OF THE BUSINESSES OF OTHER TENANTS, OCCUPANTS OR LICENSEES OF THE
BUILDING OR SUCH TENANTS', OCCUPANTS' AND LICENSEES' SYSTEMS AND EQUIPMENT
LOCATED IN OR ON THE BUILDING OR PROJECT.
IN ADDITION, TENANT SHALL (A) BE
SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED AS A RESULT OF THE SPECIAL EQUIPMENT,
(B) PROMPTLY PAY ANY TAX, LICENSE OR PERMIT FEES CHARGED PURSUANT TO ANY
REQUIREMENTS IN CONNECTION WITH THE INSTALLATION, MAINTENANCE OR USE OF THE
SPECIAL EQUIPMENT AND COMPLY WITH ALL PRECAUTIONS AND SAFEGUARDS RECOMMENDED BY
ALL GOVERNMENTAL AUTHORITIES, AND (C) MAKE NECESSARY REPAIRS, REPLACEMENTS OR
MAINTENANCE OF THE SPECIAL EQUIPMENT.
FURTHER, TENANT, AT TENANT'S SOLE COST
AND EXPENSE, SHALL MAINTAIN SUCH EQUIPMENT AND INSTALL SUCH FENCING AND OTHER
PROTECTIVE EQUIPMENT ON OR ABOUT THE SPECIAL EQUIPMENT AS LANDLORD MAY
REASONABLY REQUIRE.
TENANT SHALL INDEMNIFY, DEFEND AND HOLD LANDLORD AND THE
LANDLORD PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OTHER THAN THE
EXCLUDED CLAIMS (AS SUCH TERMS ARE DEFINED IN SECTION 10.1 ABOVE) ARISING OUT OF
TENANT'S FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION 26.30.
26.30.4
LANDLORD'S OBLIGATIONS.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN,
LANDLORD SHALL NOT HAVE ANY OBLIGATIONS WITH RESPECT TO THE SPECIAL EQUIPMENT OR
COMPLIANCE WITH ANY REQUIREMENTS RELATING THERETO NOR SHALL LANDLORD BE
RESPONSIBLE FOR ANY DAMAGE THAT MAY BE CAUSED TO THE SPECIAL EQUIPMENT, EXCEPT
TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD
OR THE LANDLORD PARTIES AND NOT INSURED OR REQUIRED TO BE INSURED BY TENANT
UNDER THIS LEASE.
LANDLORD MAKES NO REPRESENTATION THAT THE SATELLITE
EQUIPMENT, TELECOMMUNICATIONS CABLING AND RELATED CONNECTING EQUIPMENT WILL BE
ABLE TO RECEIVE OR TRANSMIT COMMUNICATION SIGNALS WITHOUT INTERFERENCE OR
DISTURBANCE, OR THAT THE SUPPLEMENTAL