NOT
DAMAGE OR HARM THE ROOF OR OTHER PARTS OF THE BUILDING.
UPON REASONABLE
APPROVAL BY LANDLORD OF THE DISH, LANDLORD WILL PERMIT TENANT REASONABLE ACCESS
TO THE ROOF OF THE BUILDING, AS NEEDED, TO INSTALL, MAINTAIN AND/OR REMOVE THE
DISH.
TENANT WILL ALSO HAVE THE RIGHT TO INSTALL CONDUIT AND CABLING IN THE
BUILDING RISERS AS NECESSARY TO CONNECT THE DISH TO THE PREMISES, SUBJECT TO
LANDLORD'S REASONABLE APPROVAL, AND TO THE REMOVAL BY TENANT OF ANY EXISTING
CABLING OF TENANT IN SUCH RISERS REASONABLY NECESSARY TO ACCOMMODATE SUCH NEW
CONDUIT AND/OR CABLING.
TENANT WILL EXERCISE REASONABLE EFFORTS TO MINIMIZE ANY
DISRUPTION OF ACTIVITY OTHERWISE OCCURRING IN AND ABOUT THE BUILDING AND THE
PROJECT IN CONNECTION WITH TENANT'S INSTALLATION, MAINTENANCE AND REMOVAL OF THE
DISH.
(C)
LANDLORD MAY REQUEST THAT TENANT RELOCATE
THE DISH IF LANDLORD IS REQUIRED TO DO SO BY APPLICABLE LAWS.
TENANT WILL
COOPERATE WITH LANDLORD TO IDENTIFY AN ALTERNATE LOCATION WHICH WILL COMPLY WITH
SUCH LAWS.
ALL EXPENSES INCURRED IN RELOCATING THE DISH PURSUANT TO THIS
SUBPARAGRAPH (C) SHALL BE BORN BY TENANT.
(D)
TENANT WILL INSURE THAT THE DISH AND EACH
PART OF IT WILL BE INSTALLED IN ACCORDANCE WITH ALL LOCAL AND BUILDING AND OTHER
LAWS.
TENANT WILL PROMPTLY REMOVE AND HEREBY AGREES TO INDEMNIFY, DEFEND AND
HOLD LANDLORD HARMLESS IN CONNECTION WITH ANY MECHANICS' LIENS UPON THE PROJECT
OR THE BUILDING WHICH RESULT FROM WORK ASSOCIATED WITH THE INSTALLATION,
MAINTENANCE OR REMOVAL OF THE DISH.
TENANT WILL OBTAIN ALL FCC AND ALL OTHER
LICENSES OR APPROVALS REQUIRED TO INSTALL AND OPERATE THE DISH AND SHALL OPERATE
THE DISH IN A MANNER THAT WILL NOT INTERFERE WITH THE QUIET ENJOYMENT OR
BUSINESS OPERATIONS OF OTHER TENANTS IN THE BUILDING (INCLUDING SUCH OTHER
TENANTS' EXISTING COMMUNICATIONS EQUIPMENT ON THE ROOF OF THE BUILDING).
(E)
TENANT SHALL INDEMNIFY AND HOLD LANDLORD
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, DEMANDS, DAMAGES, AND
LIABILITIES ARISING FROM TENANT'S
33
INSTALLATION, REMOVAL, USE OR MAINTENANCE OF THE DISH, EXCEPT IF RESULTING FROM
LANDLORD'S NEGLIGENCE OR WILLFUL MISCONDUCT.
SUCH INDEMNITY SHALL INCLUDE
DAMAGE TO PROPERTY (INCLUDING THE ROOF OF THE BUILDING) AND INJURY OR DEATH TO
PERSONS.
(F)
TENANT, AT TENANT'S SOLE COST AND
EXPENSE, SHALL REMOVE THE DISH UPON THE EXPIRATION OR TERMINATION OF THIS LEASE
AND SHALL REPAIR ALL DAMAGE TO THE BUILDING OR THE PROJECT AS A RESULT OF
TENANT'S INSTALLATION, MAINTENANCE, USE OR REMOVAL OF THE DISH, THEREBY
RESTORING THE BUILDING OR THE PROJECT TO ITS CONDITION PRIOR TO THE INSTALLATION
OF THE DISH, NORMAL WEAR AND TEAR EXCEPTED.
28.
SUCCESSORS AND
ASSIGNS.
Subject to the provisions of Paragraph 9 hereof, the terms, covenants and
conditions contained herein shall be binding upon and inure to the benefit of
the heirs, successors, executors, administrators and assigns of the parties
hereto.
29.
ATTORNEYS' FEES.
In the event that any action or proceeding is brought to enforce any term,
covenant or condition of this Lease on the part of Landlord or Tenant, the
prevailing party in