RESULT OF SUCH DEFAULT; OR
(II)
IF TENANT HAS BEEN IN DEFAULT UNDER ANY PROVISION OF THIS LEASE
THREE (3) OR MORE TIMES WHETHER OR NOT THE DEFAULTS ARE CURED, DURING THE TWELVE
(12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THAT TENANT INTENDS TO EXERCISE
THE TERMINATION RIGHT, WHETHER OR NOT THE DEFAULTS ARE CURED.
41
42.
ROOF EQUIPMENT.
(A)
EXCEPT AS SET FORTH IN SECTION 42(F) BELOW, TENANT SHALL HAVE THE
SOLE AND EXCLUSIVE RIGHT TO INSTALL AND OPERATE ANY ROOF EQUIPMENT ON THE ROOF
OF THE BUILDING AS LONG AS TENANT IS THE SOLE TENANT OF THE PREMISES. THE
PRECISE SPECIFICATIONS AND A GENERAL DESCRIPTION OF THE ROOF EQUIPMENT (AS
DEFINED BELOW) ALONG WITH ALL DOCUMENTS LANDLORD REASONABLY REQUIRES TO REVIEW
THE INSTALLATION OF THE ROOF EQUIPMENT (THE "ROOF EQUIPMENT PLANS AND
SPECIFICATIONS") SHALL BE SUBMITTED TO LANDLORD FOR LANDLORD'S WRITTEN APPROVAL
NO LATER THAN 20 DAYS BEFORE TENANT COMMENCES TO INSTALL THE ROOF EQUIPMENT.
TENANT SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ALL NECESSARY GOVERNMENTAL AND
REGULATORY APPROVALS AND FOR THE COST OF INSTALLING, OPERATING, MAINTAINING AND
REMOVING THE ROOF EQUIPMENT. TENANT SHALL NOTIFY LANDLORD UPON COMPLETION OF THE
INSTALLATION OF THE ROOF EQUIPMENT. IF LANDLORD DETERMINES THAT THE ROOF
EQUIPMENT DOES NOT COMPLY WITH THE APPROVED ROOF EQUIPMENT PLANS AND
SPECIFICATIONS, THAT THE BUILDING HAS BEEN DAMAGED DURING INSTALLATION OF THE
ROOF EQUIPMENT OR THAT THE INSTALLATION WAS DEFECTIVE, LANDLORD SHALL NOTIFY
TENANT OF ANY NONCOMPLIANCE OR DETECTED PROBLEMS AND TENANT IMMEDIATELY SHALL
CURE THE DEFECTS. IF THE TENANT FAILS TO IMMEDIATELY CURE THE DEFECTS, TENANT
SHALL PAY TO LANDLORD UPON DEMAND THE COST, AS REASONABLY DETERMINED BY
LANDLORD, OF CORRECTING ANY DEFECTS AND REPAIRING ANY DAMAGE TO THE BUILDING
CAUSED BY SUCH INSTALLATION. IF AT ANY TIME LANDLORD, IN ITS SOLE DISCRETION,
DEEMS IT NECESSARY, TENANT SHALL PROVIDE AND INSTALL, AT TENANT'S SOLE COST AND
EXPENSE, APPROPRIATE AESTHETIC SCREENING, REASONABLY SATISFACTORY TO LANDLORD,
FOR THE ROOF EQUIPMENT (THE "AESTHETIC SCREENING").
(B)
LANDLORD AGREES THAT THE ROOF RIGHTS GRANTED HEREIN SHALL BE
DEEMED APPURTENANT TO TENANT'S LEASEHOLD RIGHTS IN THE PREMISES THROUGHOUT THE
LEASE TERM, AND TENANT SHALL HAVE ACCESS TO THE ROOF OF THE BUILDING FOR THE
PURPOSE OF INSTALLING, MAINTAINING, REPAIRING, REPLACING AND REMOVING THE ROOF
EQUIPMENT, THE APPURTENANCES THERETO AND ANY AESTHETIC SCREENING, ALL OF WHICH
SHALL BE PERFORMED BY TENANT AT TENANT'S SOLE COST AND RISK. IT IS AGREED,
HOWEVER, THAT ONLY AUTHORIZED ENGINEERS, EMPLOYEES OR PROPERLY AUTHORIZED
CONTRACTORS OF TENANT, FCC (DEFINED BELOW) INSPECTORS, OR PERSONS UNDER THEIR
DIRECT SUPERVISION WILL BE PERMITTED TO HAVE ACCESS TO THE ROOF OF THE BUILDING.
TENANT FURTHER AGREES TO EXERCISE FIRM CONTROL OVER THE PEOPLE REQUIRING ACCESS
TO THE ROOF OF THE BUILDING IN ORDER TO KEEP TO A MINIMUM THE NUMBER OF SUCH
PEOPLE HAVING ACCESS TO THE ROOF OF THE BUILDING AND THE FREQUENCY OF THEIR
VISITS.
(C)
PRIOR TO SUBSTANTIAL COMPLETION OF LANDLORD'S WORK, LANDLORD SHALL
USE COMMERCIALLY REASONABLE EFFORTS TO CAUSE LANDLORD'S ROOF CONTRACTOR TO
COOPERATE WITH TENANT'S ARCHITECT