WITH THE SPECIFICATIONS TO BE PROVIDED BY TENANT AND APPROVED BY LANDLORD,
LANDLORD'S APPROVAL NOT TO BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED.
IT
IS EXPRESSLY UNDERSTOOD AND AGREED, IN ANY EVENT, THAT THE DESIGN SPECIFICATIONS
SHALL INCLUDE SUCH MODIFICATIONS TO THE ROOF AND SHALL BE INCORPORATED IN THE
COST OF INSTALLATION AS HEREIN PROVIDED.
IN THE EVENT SUCH INSTALLATION SHALL,
IN THE REASONABLE OPINION OF LANDLORD, IMPAIR THE STRUCTURAL INTEGRITY OF THE
ROOF, ROOF MEMBRANE AND/OR BUILDING, LANDLORD RESERVES THE RIGHT TO DISAPPROVE
TENANT'S PLANS AND SPECIFICATIONS UNTIL THE SAME SHALL BE REDESIGNED TO
ELIMINATE LANDLORD'S OBJECTION.
WITH RESPECT TO ANY SUCH REDESIGN OF THE ROOF,
ANY COST IN CONNECTION WITH MAINTENANCE OR REPAIR WHICH MAY THEREAFTER BE
OCCASIONED AS A DIRECT RESULT OF THE INSTALLATION OR OPERATION ON THE
TELECOMMUNICATIONS EQUIPMENT SHALL BE PAID FOR AT THE SOLE COST AND EXPENSE OF
THE TENANT AND SHALL NOT BE INCLUDED AS PART OF THE OPERATING EXPENSES.
TENANT
SHALL FURNISH DETAILED PLANS AND SPECIFICATIONS FOR THE TELECOMMUNICATIONS
EQUIPMENT TO LANDLORD FOR ITS APPROVAL, WHICH APPROVAL SHALL NOT BE UNREASONABLY
WITHHELD, CONDITIONED OR DELAYED, PROVIDED LANDLORD MAY CONDITION ITS CONSENT BY
REQUIRING THAT THE TELECOMMUNICATIONS EQUIPMENT BE ADEQUATELY SCREENED OR
ENCLOSED (AT TENANT'S SOLE COST AND EXPENSE) ON THE ROOF OR ON THE GROUND AT
SUCH LOCATION AS IS DESIGNATED BY LANDLORD IN THE LEAST CONSPICUOUS LOCATION OF
ALL ACCEPTABLE LOCATIONS IN WHICH THE TELECOMMUNICATIONS EQUIPMENT MIGHT BE
LOCATED.
F-65
32.2
UPON APPROVAL OF TENANT'S PLANS AND SPECIFICATIONS, THE
TELECOMMUNICATIONS EQUIPMENT SHALL BE INSTALLED BY TENANT AT ITS SOLE COST AND
EXPENSE AND UTILIZING LANDLORD'S ROOFING CONTRACTOR, SUBJECT TO REASONABLE
SUPERVISION BY LANDLORD WITH RESPECT THERETO.
SUCH COST AND EXPENSE SHALL
INCLUDE OBTAINING ANY SPECIAL PERMITS THAT MAY BE REQUIRED BY GOVERNMENTAL
AUTHORITY IN CONNECTION WITH SUCH INSTALLATION, INCLUDING ANY REASONABLE COST
ATTRIBUTABLE TO THE PROCESSING THEREOF.
SUBSEQUENT TO THE INSTALLATION OF THE
TELECOMMUNICATIONS EQUIPMENT, TENANT SHALL COMPLY WITH ALL APPLICABLE LAWS AND
KEEP THE PREMISES, BUILDING AND LAND FREE AND CLEAR FROM LIENS ARISING FROM OR
RELATED TO TENANT'S INSTALLATION.
ANY CABLES, CONDUITS OR OTHER PHYSICAL
CONNECTIONS BETWEEN THE TELECOMMUNICATIONS EQUIPMENT AND THE PREMISES SHALL BE
CONCEALED WITHIN PERMANENT WALLS, FLOORS, COLUMNS AND CEILINGS OF THE BUILDING
AND IN THE SHAFTS OF THE BUILDING PROVIDED FOR SUCH INSTALLATIONS, NOT DAMAGING
THE APPEARANCE OF THE BUILDING OR REDUCING THE USABLE OR RENTABLE SPACE OF THE
BUILDING.
ANY INSTALLATION OR MAINTENANCE WORK PERFORMED BY TENANT, OR AT
TENANT'S DIRECTION, SHALL BE PERFORMED WITHOUT UNREASONABLY INTERFERING WITH
LANDLORD'S OR ANY OTHER TENANT'S USE OF THE BUILDING, AND UPON COMPLETION OF
SUCH INSTALLATION AND MAINTENANCE (INITIALLY AND FROM TIME TO TIME), TENANT
SHALL RESTORE SUCH PORTIONS OF THE BUILDING TO A CONDITION REASONABLY COMPARABLE
TO THAT EXISTING PRIOR TO SUCH INSTALLATION OR MAINTENANCE.
TENANT SHALL BE
RESPONSIBLE FOR PROCURING WHATEVER LICENSES, APPROVALS OR PERMITS MAY BE
REQUIRED FOR THE INSTALLATION AND USE OF THE TELECOMMUNICATIONS EQUIPMENT AND
THE RELATED SUPPORT SYSTEMS OR OPERATION OF ANY EQUIPMENT SERVED THEREBY, AND
LANDLORD MAKES NO WARRANTIES WHATSOEVER