the purpose of
receiving and sending telephone and other communication signals, at a location
on the roof of the Southern Building as reasonably requested by Tenant and
reasonably approved by Landlord in writing.
Tenant's installation and operation
of the Communication Equipment shall be governed by the following terms and
conditions:
(A)
TENANT'S RIGHT TO INSTALL, REPLACE, REPAIR,
REMOVE, OPERATE AND MAINTAIN THE COMMUNICATION EQUIPMENT SHALL BE SUBJECT TO ALL
GOVERNMENTAL LAWS, RULES AND REGULATIONS AND LANDLORD MAKES NO REPRESENTATIONS
THAT SUCH LAWS, RULES AND REGULATIONS PERMIT SUCH INSTALLATION AND OPERATION.
(B)
THE EXACT SIZE, QUALITY, MATERIALS AND
AESTHETICS OF, AND ANY REQUIRED SCREENING FOR, THE COMMUNICATION EQUIPMENT SHALL
BE SUBJECT TO LANDLORD'S PRIOR WRITTEN CONSENT WHICH SHALL NOT BE UNREASONABLY
WITHHELD OR DELAYED.
(C)
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 OF
CONNECTIONS TO THE SOUTHERN BUILDING'S ELECTRICAL SYSTEM) SHALL BE BORNE BY
TENANT.
ALL SUCH COMMUNICATION EQUIPMENT SHALL BE SCREENED TO COMMERCIALLY
REASONABLE STANDARDS AND TO PREVENT VISUAL IMPAIRMENT.
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(D)
TENANT SHALL USE THE COMMUNICATION EQUIPMENT
SO AS NOT TO CAUSE ANY UNREASONABLE INTERFERENCE (I) WITH ANY OTHER
COMMUNICATIONS FROM OR TO THE PROJECT OR (II) TO OTHER EXISTING TENANTS OR
OCCUPANTS IN THE PROJECT WHO MAY USE THE COMMUNICATION FACILITIES LOCATED AT THE
PROJECT AND/OR RELATED FACILITIES.
(E)
LANDLORD SHALL NOT HAVE ANY OBLIGATIONS
WITH RESPECT TO THE COMMUNICATION EQUIPMENT.
LANDLORD MAKES NO REPRESENTATION
THAT THE COMMUNICATION EQUIPMENT WILL BE ABLE TO RECEIVE OR TRANSMIT
COMMUNICATION SIGNALS WITHOUT INTERFERENCE OR DISTURBANCE AND TENANT AGREES THAT
LANDLORD SHALL NOT BE LIABLE TO TENANT THEREFOR.
(F)
TENANT SHALL NOT BE PERMITTED TO ALLOW
ANY THIRD PARTY (OTHER THAN A TRANSFEREE PERMITTED UNDER SECTION 15.2 OR A
TRANSFEREE APPROVED BY LANDLORD) TO USE ANY PORTION OF THE ROOF FOR
COMMUNICATION EQUIPMENT OR OTHERWISE WITHOUT LANDLORD'S CONSENT, WHICH SHALL NOT
BE UNREASONABLY WITHHELD.
(G)
TENANT SHALL (I) BE SOLELY RESPONSIBLE FOR
ANY DAMAGE CAUSED AS A RESULT OF THE COMMUNICATION EQUIPMENT (INCLUDING BUT NOT
LIMITED TO THE INSTALLATION, MAINTENANCE, REPAIR AND/OR REMOVAL THEREOF),
(II) PROMPTLY PAY ANY TAX, LICENSE OR PERMIT FEES CHARGED PURSUANT TO ANY LAWS
OR REGULATIONS IN CONNECTION WITH THE INSTALLATION, MAINTENANCE OR USE OF THE
COMMUNICATION EQUIPMENT AND COMPLY WITH ALL PRECAUTIONS AND SAFEGUARDS
RECOMMENDED BY ALL GOVERNMENTAL AUTHORITIES, AND (III) PAY FOR ALL NECESSARY
REPAIRS, REPLACEMENTS TO OR MAINTENANCE OF THE COMMUNICATION EQUIPMENT.
(H)
THE COMMUNICATION EQUIPMENT SHALL REMAIN THE
SOLE PROPERTY OF TENANT.
TENANT SHALL REMOVE THE COMMUNICATION EQUIPMENT AND
RELATED EQUIPMENT AT TENANT'S SOLE EXPENSE UPON THE EXPIRATION OR SOONER
TERMINATION OF THIS LEASE WITH RESPECT TO THE SOUTHERN BUILDING OR UPON THE
IMPOSITION OF ANY GOVERNMENTAL LAW OR REGULATION WHICH MAY REQUIRE REMOVAL, AND
SHALL REPAIR THE SOUTHERN BUILDING UPON SUCH REMOVAL TO THE EXTENT REQUIRED BY
SUCH WORK OF REMOVAL.
IF TENANT FAILS TO REMOVE THE COMMUNICATION EQUIPMENT AND
REPAIR THE SOUTHERN BUILDING WITHIN THIRTY (30) DAYS AFTER THE EXPIRATION OR
EARLIER