COMMUNICATIONS, SERVICE AND OTHER EQUIPMENT
INSTALLED BY TENANT UNDER SECTION 3.4(B) ABOVE (HEREIN COLLECTIVELY CALLED
"TENANT'S EXTERIOR EQUIPMENT"):
(1)
ALL TENANT'S EXTERIOR EQUIPMENT SHALL BE MAINTAINED AND OPERATED
AT TENANT'S SOLE COST AND EXPENSE AND IN ACCORDANCE WITH ALL LEGAL REQUIREMENTS.
(2)
ANY MATERIAL CHANGES TO ANY THEN EXISTING TENANT'S EXTERIOR
EQUIPMENT (I.E., CHANGES REGARDING SIZE, LOCATION, ETC.) SHALL FIRST BE APPROVED
BY LANDLORD, WHICH APPROVAL WILL NOT BE UNREASONABLY WITHHELD OR DELAYED.
(3)
AT ALL TIMES, TENANT AND THE PERTINENT TENANT PARTIES SHALL HAVE
UNRESTRICTED ACCESS TO ALL THE AREAS OF THE PROPERTY UPON, OR WITHIN, WHICH ANY
OF TENANT'S EXTERIOR EQUIPMENT IS LOCATED FOR PURPOSES OF OPERATING, SERVICING,
REPAIRING OR OTHERWISE MAINTAINING SAID EQUIPMENT. IN CONNECTION THEREWITH,
TENANT SHALL NOT UNREASONABLY DISTURB ANY OTHER TENANTS OF THE BUILDING.
(D)
THE FOLLOWING PROVISIONS SHALL APPLY TO TENANT'S EXTERIOR
EQUIPMENT LOCATED ON THE ROOF OF THE BUILDING (SOMETIMES HEREIN SEPARATELY
CALLED "TENANT'S ROOFTOP EQUIPMENT"):
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(1)
IN ORDER TO MAINTAIN ROOFTOP AVAILABILITY CONSISTENT WITH THE
NEEDS OF TENANT AND OTHER TENANTS AND OCCUPANTS OF THE BUILDING, LANDLORD SHALL
NOT INSTALL, OR PERMIT TO BE INSTALLED, ANY EQUIPMENT ON THE ROOF OF THE
BUILDING OTHER THAN TENANT'S ROOFTOP EQUIPMENT AND THE OTHER QUALIFIED ROOFTOP
EQUIPMENT.
"OTHER QUALIFIED ROOFTOP EQUIPMENT" SHALL MEAN (I) ANY ROOFTOP
EQUIPMENT CONSTITUTING A COMPONENT OF THE BUILDING SYSTEMS, (II) ANY
COMMUNICATIONS OR OTHER ROOFTOP EQUIPMENT BELONGING TO ANY OTHER TENANT OR
OCCUPANT OF THE BUILDING FOR USE IN CONNECTION WITH ITS BUSINESS OPERATIONS IN
THE BUILDING, AND (III) IF SUFFICIENT SPACE ON THE ROOF OF THE BUILDING IS
AVAILABLE THEREFOR (AFTER TAKING INTO ACCOUNT BOTH THE CURRENT AND FUTURE NEEDS
OF TENANT, AND OTHER TENANTS AND OCCUPANTS OF THE BUILDING, AND AFTER
CONSULTATION WITH TENANT AS TO ITS CURRENT AND FUTURE NEEDS), ANY COMMUNICATIONS
EQUIPMENT BELONGING TO AN AREA SERVICE PROVIDER.
(2)
IN THE EVENT THAT LANDLORD'S PERFORMANCE OF ANY REPAIR OR
MAINTENANCE TO THE COMMON AREAS, INCLUDING THE ROOFS OF THE BUILDING, REQUIRE
THE TEMPORARY RELOCATION OF ANY TENANT'S ROOFTOP EQUIPMENT, THEN (I) LANDLORD
SHALL PROVIDE TENANT WITH SIXTY (60) DAYS' NOTICE OF THE NEED THEREFOR,
(II) TENANT, AS SOON THEREAFTER AS IS REASONABLY PRACTICABLE, SHALL EFFECT SUCH
TEMPORARY RELOCATION OF SUCH TENANT'S ROOFTOP EQUIPMENT (IT BEING UNDERSTOOD
THAT TENANT SHALL HAVE THE RIGHT TO EFFECT SUCH TEMPORARY RELOCATION IN A MANNER
THAT WILL PREVENT ANY INTERRUPTION IN THE SERVICE PROVIDED BY TENANT'S ROOFTOP
EQUIPMENT), (III) LANDLORD SHALL COMPLETE ITS REPAIR OR MAINTENANCE IN QUESTION
AS SOON AS REASONABLY PRACTICABLE, AND (IV) TENANT, AS SOON AS REASONABLY
PRACTICABLE AFTER LANDLORD'S COMPLETION OF SUCH REPAIR OR MAINTENANCE, SHALL
RE-INSTALL SUCH TENANT'S ROOFTOP EQUIPMENT IN ITS PRIOR LOCATION; IT BEING
AGREED THAT (X) THE TEMPORARY RELOCATION AND RE-INSTALLATION WORK TO BE DONE BY
TENANT SHALL BE DONE AT TENANT'S EXPENSE; IT BEING AGREED THAT IN NO EVENT SHALL
OPERATING EXPENSES EVER INCLUDE ANY AMOUNTS ASSOCIATED WITH THE REPAIR,
MAINTENANCE OR TEMPORARY RELOCATION OF ANY ROOFTOP EQUIPMENT (OTHER THAN OTHER
QUALIFIED ROOFTOP EQUIPMENT CONSTITUTING A COMPONENT OF THE