NOTICE, TENANT
SHALL BE ENTITLED TO CURE SUCH DEFAULT WHEREUPON TENANT SHALL HAVE THE RIGHT TO
OFFSET THE COSTS OF SUCH CURE AGAINST INSTALLMENTS OF RENT NEXT COMING DUE
HEREUNDER.
IN ADDITION TO THE FOREGOING, AND WITHOUT REGARD TO THE
42
EXISTENCE (OR NON-EXISTENCE) OF A LANDLORD DEFAULT UNDER THIS SECTION OR
ELSEWHERE IN THE LEASE, TENANT SHALL HAVE THE UNCONDITIONAL RIGHT TO OFFSET
AGAINST INSTALLMENTS OF RENT NEXT COMING DUE, AND ALL OUT-OF-POCKET ATTORNEY'S
FEES INCURRED BY TENANT IN CONNECTION WITH TENANT'S OBLIGATION TO PROVIDE
ESTOPPEL CERTIFICATES UNDER THE TERMS AND CONDITIONS OF AN SNDA (AS DEFINED IN
SECTION 24 ABOVE) WITH RESPECT TO THIS SECTION.
33.
ROOF RIGHTS
33.01
TENANT
SHALL HAVE THE RIGHT, WITHOUT THE REQUIREMENT OF ANY ADDITIONAL PAYMENTS
HEREUNDER, AS APPURTENANT TO THE PREMISES, EXCLUSIVELY TO USE SPACE ON THE ROOF
OF THE BUILDING FOR THE PURPOSE OF INSTALLING (IN ACCORDANCE WITH SECTION 10),
REPAIRING, REPLACING, SERVICING, OPERATING AND MAINTAINING DISHES/ANTENNAE OR
OTHER COMMUNICATION DEVICES AND REPLACEMENTS THEREOF (COLLECTIVELY, THE
"DISHES/ANTENNAE") APPROVED BY LANDLORD.
IN ADDITION, TENANT SHALL HAVE ACCESS
TO A CONDUIT WITH A MAXIMUM SIZE OF 2 INCHES RUNNING THROUGH THE EXISTING
TELEPHONE ROOM ON EACH FLOOR FROM THE 16TH FLOOR TO THE ROOF OF THE BUILDING TO
ACCOMMODATE THE CABLE FROM TENANT'S SERVER ROOM TO THE DISHES/ANTENNAE.
THE
LOCATION OF THE SPACE ON THE ROOF TO BE USED BY TENANT SHALL BE THE SPACES SHOWN
ON EXHIBIT C (THE "ROOF SPACE") OR IF EXHIBIT C IS BLANK, THEN IN SUCH LOCATION
AS IS MUTUALLY AGREEABLE TO THE PARTIES.
LANDLORD RESERVES THE RIGHT TO
RELOCATE THE ROOF SPACE AS NECESSARY DURING THE TERM SO LONG AS SUCH RELOCATIONS
(A) DO NOT MATERIALLY DISRUPT TENANT'S OPERATIONS OR (B) ARE REASONABLY
ACCEPTABLE TO TENANT.
IF TENANT REQUESTS ADDITIONAL SPACE FOR DISHES/ANTENNAE
AND LANDLORD APPROVES THE SAME, TENANT SHALL PAY TO LANDLORD THE STANDARD MARKET
RATE BEING CHARGED BY LANDLORD FROM TIME TO TIME THEREFOR.
LANDLORD'S
DESIGNATION SHALL TAKE INTO ACCOUNT TENANT'S USE OF THE DISHES/ANTENNAE.
NOTWITHSTANDING THE FOREGOING, TENANT'S RIGHT TO INSTALL THE DISHES/ANTENNAE
SHALL BE SUBJECT TO THE APPROVAL RIGHTS OF LANDLORD (WHICH APPROVAL MAY
INCORPORATE THE APPROVAL OF LANDLORD'S ARCHITECT AND/OR ENGINEER WITH RESPECT TO
THE PLANS AND SPECIFICATIONS OF THE DISHES/ANTENNAE, THE MANNER IN WHICH THE
DISHES/ANTENNAE ARE ATTACHED TO THE ROOF OF THE BUILDING AND THE MANNER IN WHICH
ANY CABLES ARE RUN TO AND FROM THE DISHES/ANTENNAE.
THE DISHES/ANTENNAE MUST BE
TAGGED WITH WEATHERPROOF LABELS SHOWING MANUFACTURER, MODEL, FREQUENCY RANGE,
AND NAME OF TENANT.
IN ADDITION, THE CABLE BETWEEN THE DISHES/ANTENNAE AND
TENANT'S SUITE MUST BE TAGGED IN THE TELECOM CLOSET ON EACH FLOOR WITH A LABEL
SHOWING TENANT'S NAME, PHONE NUMBER AND SUITE NUMBER.
THE PRECISE
SPECIFICATIONS AND A GENERAL DESCRIPTION OF THE DISHES/ANTENNAE ALONG WITH ALL
DOCUMENTS LANDLORD REASONABLY REQUIRES TO REVIEW THE INSTALLATION OF THE
DISHES/ANTENNAE (THE "PLANS AND SPECIFICATIONS") SHALL BE SUBMITTED TO LANDLORD
FOR LANDLORD'S WRITTEN APPROVAL NO LATER THAN TWENTY (20) DAYS BEFORE TENANT
COMMENCES TO INSTALL THE DISHES/ANTENNAE.
TENANT SHALL BE SOLELY