AND
SUBJECT TO LANDLORD'S PRIOR WRITTEN APPROVAL AS TO WEIGHT AND METHOD OF
ATTACHMENT.
LANDLORD'S APPROVAL SHALL ALSO BE REQUIRED FOR MODIFICATIONS TO,
AND THE REMOVAL OF, THE INSTALLATIONS.
LANDLORD SHALL IN ITS SOLE DISCRETION,
DESIGNATE THE LOCATION OF ALL PASSAGEWAYS REQUIRED FOR ACCESS TO THE ROOF FOR
PERSONNEL.
IN CONNECTION WITH TENANT'S INSTALLATION, MAINTENANCE AND OPERATION
OF ITS 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 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.
TENANT SHALL ENSURE THAT ITS USE OF THE ROOF DOES NOT IMPAIR SUCH
OTHER PERSON'S, FIRM'S OR CORPORATION'S DATA TRANSMISSION AND RECEPTION VIA
THEIR RESPECTIVE ANTENNAS AND SUPPORT EQUIPMENT, IF ANY.
LANDLORD SHALL NOT
ENFORCE THE PROVISIONS OF THE PRECEDING SENTENCE AGAINST TENANT IN A
DISCRIMINATORY MANNER.
LANDLORD SHALL TAKE COMMERCIALLY REASONABLE ACTION TO
ENSURE THAT THE BUILDING'S OTHER TENANTS USE OF THE ROOF SHALL NOT IMPAIR
TENANT'S DATA TRANSMISSION AND RECEPTION VIA THEIR RESPECTIVE ANTENNAS AND
SUPPORT EQUIPMENT, IF ANY, IF TENANT NOTIFIES LANDLORD OF SUCH IMPAIRMENT.
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 PUBLIC AND, IF SUCH SCREENING DEVICE IS INSTALLED, IT
SHALL BE DEEMED TO BE AN INSTALLATION UNDER THIS CLAUSE.
47.02
IN NO EVENT SHALL THE MAXIMUM LEVEL OF EMISSIONS FROM
THE INSTALLATIONS EXCEED A PROPORTIONATE PORTION OF THE TOTAL EMISSIONS
ALLOWABLE FOR THE BUILDING UNDER APPLICABLE LEGAL REQUIREMENTS, TAKING INTO
ACCOUNT THE NUMBER OF ROOFTOP INSTALLATIONS AT THE BUILDING.
47.03
TENANT SHALL PAY FOR ALL ELECTRICAL SERVICE REQUIRED
FOR TENANT'S USE OF THE INSTALLATIONS IN ACCORDANCE WITH ARTICLE 4 OF THIS
LEASE.
TENANT SHALL BE RESPONSIBLE FOR CONNECTING THE INSTALLATIONS AND THE
DEMISED PREMISES BY CORE DRILLING AND INSTALLING A CONDUIT IN THE BUILDING
RISERS REFERRED TO IN SECTION 21.05.
47.04
TENANT, AT TENANT'S SOLE COST AND EXPENSE, SHALL
PROMPTLY REPAIR ANY AND ALL DAMAGE TO THE ROOF OF THE BUILDING AND TO ANY PART
OF THE BUILDING CAUSED BY OR RESULTING FROM THE INSTALLATION, MAINTENANCE AND
REPAIR, OPERATION OR REMOVAL OF THE INSTALLATIONS ERECTED OR INSTALLED BY TENANT
PURSUANT TO THE PROVISIONS OF THIS ARTICLE 47.
TENANT FURTHER COVENANTS AND
AGREES THAT THE INSTALLATIONS AND ANY RELATED EQUIPMENT ERECTED OR INSTALLED BY
TENANT PURSUANT TO THE PROVISIONS OF THIS ARTICLE 47 SHALL BE ERECTED,
INSTALLED, REPAIRED, MAINTAINED AND OPERATED BY TENANT AT THE SOLE COST AND
EXPENSE OF TENANT AND WITHOUT CHARGE, COST OR EXPENSE TO LANDLORD.
47.05
THE INSTALLATIONS AND RELATED EQUIPMENT INSTALLED BY
TENANT PURSUANT TO THE PROVISIONS OF THIS ARTICLE 47 SHALL BE TENANT'S PROPERTY,
AND, UPON THE EXPIRATION OR EARLIER TERMINATION OF THE TERM