IS LOCATED FOR
68
*** CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND FILED
SEPARATELY WITH THE COMMISSION.
THE PURPOSES OF MAINTAINING, REPAIRING, TESTING AND REPLACING THE SAME.
LANDLORD SHALL HAVE THE RIGHT TO REQUIRE TENANT TO RELOCATE THE COMMUNICATION
EQUIPMENT AT ANY TIME TO ANOTHER LOCATION ON THE ROOF OF THE BUILDING, WHICH
LOCATION IS REASONABLY ACCEPTABLE TO TENANT.
UNLESS LANDLORD ELECTS TO PERFORM
SUCH PENETRATIONS AT TENANT'S SOLE COST AND EXPENSE, TENANT SHALL RETAIN
LANDLORD'S DESIGNATED ROOFING CONTRACTOR TO MAKE ANY NECESSARY PENETRATIONS AND
ASSOCIATED REPAIRS TO THE ROOF IN ORDER TO PRESERVE LANDLORD'S ROOF WARRANTY.
TENANT'S INSTALLATION AND OPERATION OF THE COMMUNICATION EQUIPMENT SHALL BE
GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS:
30.1.1
TENANT'S RIGHT TO INSTALL, REPLACE, REPAIR, REMOVE, OPERATE AND
MAINTAIN THE COMMUNICATION EQUIPMENT SHALL BE SUBJECT TO ALL APPLICABLE LAWS AND
LANDLORD MAKES NO REPRESENTATION THAT SUCH APPLICABLE LAWS PERMIT SUCH
INSTALLATION AND OPERATION;
30.1.2
ALL PLANS AND SPECIFICATIONS FOR THE COMMUNICATION EQUIPMENT SHALL
BE SUBJECT TO LANDLORD'S REASONABLE APPROVAL, THE PARTIES HERETO ACKNOWLEDGE AND
AGREE THAT IT SHALL BE REASONABLE FOR LANDLORD TO REQUIRE TENANT TO LEAVE
ADEQUATE CAPACITY FOR OTHER TENANTS OF THE BUILDING TO INSTALL COMMUNICATIONS
EQUIPMENT OF THEIR OWN;
30.1.3
ALL COSTS OF INSTALLATION, OPERATION AND MAINTENANCE OF THE
COMMUNICATION EQUIPMENT AND ANY NECESSARY RELATED EQUIPMENT (INCLUDING, WITHOUT
LIMITATION, COSTS OF OBTAINING ANY NECESSARY PERMITS AND CONNECTIONS TO THE
BUILDING'S ELECTRICAL SYSTEM) SHALL BE BORNE BY TENANT;
30.1.4
IT IS EXPRESSLY UNDERSTOOD THAT TENANT'S RIGHTS ARE SUPERIOR TO ANY
LATER USERS OF THE ROOF AREA AND SUBJECT TO THE FOREGOING, LANDLORD RETAINS THE
RIGHT TO USE THE ROOF OF THE BUILDING FOR ANY PURPOSE WHATSOEVER (INCLUDING
GRANTING RIGHTS TO THIRD PARTIES TO UTILIZE ANY PORTION OF THE ROOF NOT UTILIZED
BY TENANT).
30.1.5
TENANT SHALL USE THE COMMUNICATION EQUIPMENT SO AS NOT TO CAUSE ANY
INTERFERENCE TO OTHER PRE-EXISTING TENANTS AT THE PROJECT OR WITH ANY OTHER SUCH
TENANT'S COMMUNICATION EQUIPMENT, AND NOT TO DAMAGE THE PROJECT OR INTERFERE
WITH THE NORMAL OPERATION OF THE PROJECT AND TENANT HEREBY AGREES TO INDEMNIFY,
DEFEND AND HOLD LANDLORD HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS,
DAMAGES, EXPENSES AND LIABILITIES (INCLUDING ATTORNEYS' FEES) ARISING OUT OF
TENANT'S FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION 30.5, EXCEPT TO
THE EXTENT SAME IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF
LANDLORD WHICH IS NOT COVERED BY THE INSURANCE CARRIED BY TENANT UNDER THIS
LEASE (OR WHICH WOULD NOT BE COVERED BY THE INSURANCE REQUIRED TO BE CARRIED BY
TENANT UNDER THIS LEASE);
30.1.6
FOR THE PURPOSES OF DETERMINING TENANT'S OBLIGATIONS WITH RESPECT TO
ITS USE OF THE ROOF OF THE BUILDING HEREIN PROVIDED, ALL OF THE PROVISIONS OF
THIS LEASE RELATING TO COMPLIANCE WITH REQUIREMENTS AS TO INSURANCE, INDEMNITY,
AND COMPLIANCE WITH LAWS SHALL APPLY TO THE INSTALLATION, USE AND MAINTENANCE OF
THE COMMUNICATION EQUIPMENT; PROVIDED, HOWEVER, TENANT SHALL ONLY BE PROVIDED
ACCESS TO THE ROOF AFTER PRIOR WRITTEN NOTICE TO LANDLORD AND SUBJECT TO
LANDLORD'S REASONABLE