SATELLITE DISH OR OTHER COMMUNICATIONS DEVICE, IN AN AREA NOT TO EXCEED
FOUR (4) SQUARE FEET, AND TENANT SHALL MAINTAIN AND OPERATE THE SAME
(HEREINAFTER COLLECTIVELY REFERRED TO AS THE "INSTALLATIONS") SUBJECT TO ALL OF
THE TERMS, COVENANTS AND CONDITIONS OF THIS LEASE (INCLUDING, WITHOUT
LIMITATION, ARTICLE 11); PROVIDED FURTHER THAT UNLESS THE INSTALLATIONS SHALL BE
INSTALLED WITHIN EIGHTEEN (18) MONTHS FOLLOWING THE RENT COMMENCEMENT DATE,
TENANT'S RIGHT TO INSTALL THE SAME SHALL BE SUBJECT TO THE AVAILABILITY OF
SUFFICIENT SPACE FOR SUCH INSTALLATIONS AT THE TIME OF TENANT'S REQUEST.
BEFORE
INSTALLING ANY OF THE INSTALLATIONS, LANDLORD'S APPROVAL AS TO SIZE, WEIGHT,
LOCATION AND METHOD OF ATTACHMENT MUST BE OBTAINED.
LANDLORD'S APPROVAL (WHICH
SHALL BE GIVEN OR WITHHELD IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 11
HEREOF) SHALL ALSO BE REQUIRED FOR MODIFICATIONS TO, AND THE REMOVAL OF, THE
INSTALLATIONS.
(B)
LANDLORD SHALL, IN ITS SOLE DISCRETION,
DESIGNATE THE AVAILABLE SPACE ON THE ROOF OF THE BUILDING FOR THE LOCATION OF
THE INSTALLATIONS, AND OF ALL PASSAGEWAYS REQUIRED FOR ACCESS TO SUCH
INSTALLATIONS BY TENANT'S PERSONNEL.
IF TENANT SHALL INSTALL ANY INSTALLATIONS
AS PERMITTED IN THIS ARTICLE 40, LANDLORD SHALL MAKE AVAILABLE SPACE IN THE
BUILDING SHAFTWAYS FOR PURPOSES OF INSTALLING A CONDUIT RISER OF COMMERCIALLY
REASONABLE SIZE FOR TENANT'S ELECTRIC, POWER VOICE AND DATA REQUIREMENTS FROM
THE PREMISES TO THE INSTALLATIONS, WHICH RISER SHALL BE INSTALLED AT TENANT'S
SOLE COST.
IN CONNECTION WITH TENANT'S INSTALLATION, MAINTENANCE AND OPERATION
OF THE INSTALLATIONS, TENANT SHALL COMPLY WITH ALL LEGAL REQUIREMENTS AND SHALL
PROCURE, MAINTAIN AND PAY FOR ALL PERMITS AND LICENSES REQUIRED THEREFOR,
INCLUDING ALL RENEWALS THEREOF.
THE PARTIES AGREE THAT TENANT'S USE OF THE ROOF
OF THE BUILDING IS A NON-EXCLUSIVE USE
87
AND LANDLORD MAY PERMIT THE USE OF ANY OTHER PORTION OF THE ROOF TO ANY OTHER
PERSON, FIRM OR CORPORATION FOR ANY USE, INCLUDING THE INSTALLATION OF OTHER
ANTENNAS, GENERATORS AND/OR COMMUNICATIONS SYSTEMS, PROVIDED THE SAME DO NOT
MATERIALLY INTERFERE WITH THE USE AND OPERATION OF THE INSTALLATIONS.
TENANT
SHALL ENSURE THAT ITS USE OF THE ROOF DOES NOT UNREASONABLY IMPAIR SUCH OTHER
PERSON'S, FIRM'S OR CORPORATION'S DATA TRANSMISSION AND RECEPTION VIA THEIR
RESPECTIVE ANTENNAS AND SUPPORT EQUIPMENT, IF ANY.
TENANT, AT ITS SOLE COST AND
EXPENSE, SHALL INSTALL ANY SCREENING DEVICE REQUESTED BY LANDLORD AT ANY TIME TO
ENSURE THAT THE INSTALLATIONS CANNOT BE VIEWED OR SEEN BY THE GENERAL PUBLIC
AND, IF SUCH SCREENING DEVICE IS INSTALLED, IT SHALL BE DEEMED TO BE AN
INSTALLATION UNDER THIS CLAUSE.
40.02
INTENTIONALLY OMITTED.
40.03
IN NO EVENT SHALL THE MAXIMUM LEVEL OF EMISSIONS FROM
THE INSTALLATIONS EXCEED A REASONABLE PORTION OF THE TOTAL EMISSIONS ALLOWABLE
FOR THE BUILDING UNDER APPLICABLE LEGAL REQUIREMENTS, TAKING INTO ACCOUNT THE
NUMBER OF ROOFTOP INSTALLATIONS AT THE BUILDING.
40.04
LANDLORD SHALL NOT CHARGE TENANT RENT FOR THE USE OF
THE ROOF SPACE FOR THE INSTALLATIONS, BUT TENANT SHALL PAY FOR ALL ELECTRICAL
SERVICE REQUIRED FOR TENANT'S USE OF THE INSTALLATIONS IN ACCORDANCE WITH
ARTICLE 14 OF THIS LEASE.
40.05
TENANT, AT