IN OR ABOUT THE
PREMISES AT TENANT'S COST AND THE ALTERATIONS WILL BECOME THE PROPERTY OF
LANDLORD UPON COMPLETION.
TENANT MAY, HOWEVER, REMOVE ANY ALTERATIONS NOT
CONSTITUTING BUILDING EQUIPMENT OR FIXTURES (E.G., ELEVATOR CHANGES, NEW HVAC
EQUIPMENT, ETC. THAT ARE PART OF THE OPERATING SYSTEMS OF, OR ARE INTEGRAL TO
THE OPERATION OF, THE PREMISES) PROVIDED TENANT REPAIRS ANY DAMAGE TO THE
PREMISES THAT THE REMOVAL CAUSES AND RESTORES THE PREMISES TO THE CONDITION
EXISTING PRIOR TO THE INSTALLATION OF SUCH ALTERATION (ORDINARY WEAR AND TEAR
EXCEPTED), ALL TO THE REASONABLE SATISFACTION OF LANDLORD.
8.6
COMMUNICATIONS EQUIPMENT. TENANT SHALL MAINTAIN ANY
COMMUNICATIONS EQUIPMENT IN A GOOD AND OPERABLE CONDITION, REPAIR AND
APPEARANCE, AND SHALL PROMPTLY REMOVE ANY DEBRIS AND OTHER LOOSE MATERIALS
PLACED ON THE ROOF OF ANY BUILDING BY TENANT OR ITS REPRESENTATIVES.
TENANT
SHALL OBTAIN AND MAINTAIN IN FULL FORCE AND EFFECT ALL PERMITS, LICENSES AND
APPROVALS REQUIRED UNDER APPLICABLE LEGAL REQUIREMENTS FOR THE INSTALLATION,
OPERATION, MAINTENANCE AND REPAIR OF ALL COMMUNICATIONS EQUIPMENT.
8.7
USE OF ROOFS.
TENANT SHALL HAVE THE RIGHT TO OPERATE A
REASONABLE NUMBER OF ITEMS OF COMMUNICATIONS EQUIPMENT FOR ITS OWN USE AND FOR
RESALE TO THIRD PARTIES; PROVIDED, HOWEVER, THAT ANY SUCH RESALE TO THIRD
PARTIES SHALL BE EFFECTED PURSUANT TO A WRITTEN SUBLEASE OR WRITTEN LICENSE
AGREEMENT THAT IS ENTERED INTO IN ACCORDANCE WITH THIS LEASE AND THAT, IN ANY
EVENT, HAS A TERM THAT WILL EXPIRE ON OR PRIOR TO THE LEASE TERMINATION DATE.
ANY PROPOSED ROOF-MOUNTED ALTERATIONS REQUIRE LANDLORD'S PRIOR WRITTEN CONSENT,
SUCH CONSENT NOT TO BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED IN
ACCORDANCE WITH SECTION 8.1 HEREOF PRIOR TO INSTALLATION OF SAME.
ALL
ROOF-MOUNTED ALTERATIONS SHALL BE INSTALLED AND MAINTAINED AT TENANT'S EXPENSE,
AND SHALL BE PERFORMED BY CONTRACTORS ACCEPTABLE TO THE ISSUER OF THE ROOF
WARRANTY AND IN ACCORDANCE WITH THE PROCEDURES REQUIRED BY SUCH ISSUER SO AS NOT
TO VOID SUCH WARRANTY.
TENANT SHALL ALSO INSTALL AT TENANT'S EXPENSE
WATERPROOFING MATERIALS AROUND
ANY PENETRATIONS OF THE ROOF OF THE
23
Building which are made during the installation, maintenance, repair,
replacement or removal of any Alterations (including, without limitation, any
Communications Equipment or any signs proposed by Tenant to be installed
pursuant to Section 21.1 below), and shall provide waterproofing certification
so that Landlord is assured that such penetrations do not void, limit or reduce
any roof warranty in effect from time to time.
Tenant shall have the right to
access the roof at any time to perform any such installations and maintenance.
Tenant shall not be separately charged for access to the roof or for the space
on the roof occupied by roof-mounted Alterations.
Landlord or its designated
representative shall be permitted to observe, inspect and/or supervise the
installation of any roof-mounted Alterations by or on behalf of Tenant.
In no
event will Tenant or any Tenant-Related Party install any Alteration or place
any other equipment or materials on the roof of any Building if the weight
thereof (together with the weight of any such items