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            THIS ROOF ANTENNA AGREEMENT (the “Agreement”) is made as of the _____ day of                                                         , 2001, by and between ________________________, a ___________ corporation (“Landlord”), and ________________________________ (“Tenant”).




A.               Landlord is the landlord of certain real property (the “Property”), including the building located at _________________________________ (the “Building”), pursuant to a Lease (the “Master Lease”) dated ___________________ between Landlord and _________________ (“Master Landlord”).  Under the terms of the Master Lease, Landlord has the right to sublease all or a portion of the Building, and to grant rights to use the roof of the Building.


B.               Tenant desires to obtain the right from Landlord to use a portion of the Building roof generally depicted on Exhibit A hereto (the “Roof Space”) for the purposes of installing, operating and maintaining the communications equipment described on Exhibit B attached (the “Equipment”).  Landlord is willing to grant a right to Tenant for such purpose subject to the terms and conditions set forth herein.




            NOW, THEREFORE, in consideration of the payment of rent and keeping and performance of the covenants and agreements by Tenant under this Agreement, Landlord hereby grants Tenant a right to use the Roof Space, subject to the following conditions:


1.               Use. 

(a)              Tenant shall have the nonexclusive right to use the Roof Space to operate, maintain, and replace (subject to the limitations set forth in this Agreement) the Equipment, and for no other purpose.  The Equipment may be used only for receiving and transmitting communications.  Tenant agrees not to bring in or permit the placing within the Roof Space of any property of a weight in excess of the design capacity of the Roof Space. Tenant shall not utilize or permit the Roof Space to be used for purposes prohibited by the laws of the United States or the State of __________, and Landlord’s approval of any plans or specifications shall not be deemed to be a warranty or representation that such plans and specifications are in conformity with such laws or ordinances.  Tenant shall not commit waste nor permit waste to be committed or any nuisance in, on or about the Roof Space.

(b)             At its sole cost and expense, Tenant will promptly comply with all local, state, and federal laws as they relate to the condition, use, occupancy, or alteration of the Roof Space.  Tenant will install and operate Tenant’s Equipment in compliance with Landlord’s technical standards, rules, and regulations, including, but not limited to, standards and technical publications and all applicable regulations of the Federal Communications Commission (the “FCC”), the Federal Aviation Administration, OSHA, or any other federal, state, or municipal agency having jurisdiction, particularly with respect to the Building.

2.               Term; Renewal Term.  The term of Tenant’s rights under this Agreement shall commence on the date hereof and shall terminate on                           (the “Expiration Date”), unless terminated earlier as provided herein.  Tenant may terminate this Agreement at any time on 30 days’ notice to Landlord.  Provided that Tenant is not in default under this Agreement, Tenant shall have the right to extend the term for                               year renewal term, commencing on ______________________ and expiring on                                 (the “Renewal Term”).  Tenant must exercise the option with respect to the Renewal Term, if at all, by giving written notice of exercise (“Tenant’s Notice”) to Landlord on or before the date that is ninety (90) days prior to the Expiration Date.  Tenant will have no right to renew the term of this Agreement if Tenant’s notice is not timely delivered or if Tenant is in default under this Agreement (a) at the time Tenant’s Notice is delivered or (b) on the Expiration Date.  The Renewal Term will be on the same terms and conditions as this Agreement, except Rent, which shall be $____________ per month throughout the Renewal Term.

3.               Rent.  The rental to be paid by Tenant under this Agreement shall be as follows:  (a) from ________________ through ________________, $______________ annually, payable in equal monthly installments of $________________; (b) from _____________ through                                      , $______________ annually, payable in equal monthly installments of $_______________.  The first such monthly installment shall be payable upon execution hereof and thereafter payment shall be made on the first day of each month during the term hereof, in advance, without notice, set-off or offset, at the address of Landlord as designated in Section 15 hereof, or at such other place as Landlord may from time to time designate in writing.  If the commencement is other than on the first day of a month, the monthly rental for said partial month shall be prorated based on the actual number of days in that month.

4.               Installation, Maintenance and Operation of the Equipment.

(a)              Tenant shall be responsible, at its sole cost, for the construction, installation, and maintenance of the Equipment to be placed on the Roof Space.  The exact location for the placement of the Equipment shall be as set forth on Exhibit A. Tenant agrees not to install the Equipment without first submitting plans and specifications and obtaining the written approval thereof by Landlord, which approval shall not be unreasonably withheld or delayed.  No property other than the Equipment and, subject to the limitations set forth in this Agreement, replacements thereof, shall be installed on the Roof Space.  If Tenant notifies Landlord that it desires to install additional or other equipment, Landlord agrees to discuss such matter to determine if such proposal is mutually agreeable, but Landlord shall not be obligated to approve or agree to any such proposal.

(b)             Tenant, at its expense, shall obtain all necessary governmental permits and certificates required for the construction, installation, authorization and use of the Equipment.  Tenant shall be permitted by Landlord to arrange for the installation of telephonic and electrical connections, to be done at Tenant’s expense, which are in conformity with plans approved by Landlord (the “Connecting Equipment”).  All such Connecting Equipment shall be installed in accordance with the engineering and design of the base Building systems, as reasonably determined by Landlord’s engineer.  All construction, installations, alterations, repair and maintenance work shall be performed in a manner which will not unreasonably interfere with, delay or impose any additional expense upon Landlord in the maintenance or operation of the Building. 

(1)             Landlord reserves the right to require Tenant to erect a visual screening fence around the Roof Space for aesthetic purposes provided such fence does not interfere with the use of the Equipment.  If Landlord instructs Tenant to erect such fence, Tenant shall have the option, for 30 days following such notice, to terminate this Agreement.  If such a fence is to be erected, Landlord shall obtain any governmental permit required for same, and Tenant shall promptly reimburse Landlord for any and all permit fees. 

(2)             Tenant agrees not to make any alterations in or additions to the Roof Space subsequent to installation of the Equipment, including installation of any additional equipment or machinery without in each instance first obtaining the written consent of Landlord, which shall not be unreasonably withheld or delayed.

(3)             Tenant shall maintain the Equipment and keep it in good repair and shall keep the Roof Space free from all trash, debris and waste resulting from use of the Roof Space by its employees, contractors or agents.

(c)              It is understood and agreed that Tenant may require electricity to the Roof Space 24 hours per day for the maintenance and operation of the Equipment.  Subject to those conditions set forth herein and if required for operation of the Equipment, said provision of electricity shall be provided to Tenant 24 hours per day, 365 days per year on the following basis.  Landlord may install a check meter or flow meter for the purpose of measuring Tenant’s usage of electricity to the Equipment.  The installation of said meter shall be at Tenant’s sole cost and expense.  Landlord shall bill Tenant for the cost to Landlord of providing the metered amount.  Tenant agrees that Landlord shall not be liable for failure to provide such electrical service or ingress and egress during any period when Landlord uses reasonable diligence to supply the same, it being understood that Landlord reserves the right temporarily to discontinue electric service, or ingress or egress, at such times as may be necessary when, by reason of accident, unavailability of employees, repairs, alterations or improvements, or whenever by reason of strikes, walkouts, riots, acts of God, or any other happening beyond the control of Landlord, Landlord is unable to provide the same.  Landlord shall use best efforts to provide Tenant with prior written notice of any such discontinuance that is within Landlord’s control.

(d)             Tenant agrees that the Equipment shall be of such types and frequencies that will not cause interference with: (1) the other existing communications equipment on the Property (including replacements thereof of the same power and frequency), (2) the basic telecommunications services of Landlord or any of the other tenants in the Building, (3) any other present or future communications equipment on the Property, or (4) the business of Landlord. In the event the Equipment causes such interference, notwithstanding any other provision in this Agreement to the contrary, Tenant shall immediately upon having notice of such interference (whether such notice, in writing or otherwise, is from Landlord or other persons) take all steps necessary to correct and eliminate the interference in a reasonable and timely manner, including temporary disconnect and shut down of the Equipment causing the interference (except for intermittent operation for the purpose of testing, after performing maintenance, repair, modification, replacement or other action taken for the purpose of correcting such interference) until such interference is eliminated.  Tenant and Landlord agree that Landlord (with the assistance of consultants or employees with expertise in electronic communications) shall arbitrate any disputes between Tenant and other subtenants concerning alleged interference by Tenant with other subtenants caused by the Equipment, whether claimed to be caused by Tenant or such other subtenants and Tenant shall be bound by Landlord’s determination in such disputes.  Landlord shall have the right, in resolution of any such dispute, if Tenant is responsible for the interference and fails to correct it within 10 days after demand by Landlord, to terminate this Agreement on 60 days’ prior written notice to Tenant.

(e)              Subject to the access prerequisites set forth on Exhibit C attached hereto, as such prerequisites may be amended from time to time by Landlord, Tenant shall have access to the Roof Space and common areas in which the Equipment is located at all times; provided, however, that Tenant shall give Landlord reasonable prior notice of the need for access (except in case of emergency, in which case notice may be given by Tenant calling the emergency line for the Building provided by Landlord and reporting the time and nature of the emergency prior to accessing the Roof Space), and such access shall be subject to such reasonable rules as Landlord may adopt, including, but not limited to, the requirement that an agent of Landlord accompany persons during such access.  Such access, by or on behalf of Tenant, shall in each case be arranged with the Building management and shall be limited to persons expressly authorized by Tenant.  Landlord, its agents, employees, and contractors may enter the Roof Space at any reasonable hour.

5.               Construction Liens.        Tenant shall pay or cause to be paid all costs for work done by Tenant or caused to be done by Tenant on the Building of a character which will or may result in liens on Landlord’s interests therein and Tenant will keep the Building free and clear of all construction liens, and other liens on account of work done for Tenant or persons claiming under it.  Tenant hereby agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs or expenses, including attorney’s fees, on account of any claims of any nature whatsoever pursuant to this Paragraph, including claims or liens of laborers or materialmen or others for work performed or materials or supplies furnished to Tenant or persons claiming under Tenant except where the existence of such lien is due to the unilateral act of Landlord.  In the event that any lien or notice of lien against the Building or Landlord’s interest therein shall be filed or given, Tenant shall without delay either cause the same to be released or cause proper proceedings to be instituted to test the validity of the lien claimed.  If Tenant desires to contest any claim of lien, Tenant shall furnish to Landlord adequate security of at least 150% of the amount of the claim, plus estimated costs and interest and, if a final judgment establishing the validity or existence of any lien for any amount is entered, Tenant shall satisfy and pay the same at once and Landlord shall return any security paid upon receipt of notice of payment of any such final judgment.

6.               Transfer and Assignment.           Tenant shall have no right to sublet, assign or transfer this Agreement, or rights arising under this Agreement, except (a) to an entity who controls, is under common control of, or is controlled by Landlord, or (b) to an entity that acquires all or substantially all of the assets of Tenant.  Any assignment or sublease in violation of this section shall be void.

7.               Damage to Property.      Tenant shall neither hold nor attempt to hold Landlord liable for any injury or damage, either proximate or remote, occurring through or caused by fire, water, steam, or any repairs, alterations, injury, accident, or any other cause to the Roof Space, to any fixtures, improvements, or other personal property of Tenant kept or stored in the Roof Space, except that Landlord shall be liable for any uninsured injury or damage proximately caused by the gross negligence of Landlord, its employees or agents, and the keeping or storing of all property of Tenant in the Roof Space shall be at the sole risk of Tenant.  Tenant shall obtain and maintain throughout the term such insurance as Tenant deems necessary and prudent on the Equipment.  Landlord and Tenant each hereby waive any and all rights of recovery claim, action or cause of action, against the other, its agents, officers, or employees, for any loss or damage to their respective real and personal property occurring out of the use of the Roof Space under this Agreement; provided, however that such waiver shall not apply with respect to uninsured loss or damage caused by the negligence of either Landlord or Tenant, or their respective employees, agents or invitees, and provided further, that such waiver shall not relieve Tenant of its obligation to install and maintain the Equipment in accordance with plans approved by Landlord and to indemnify Landlord from damage arising from breaches of those obligations.  Landlord and Tenant covenant that no insurer shall hold any right of subrogation against such other party for damage to real or personal property.

8.                           Indemnity to Landlord.  Tenant hereby agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damages, costs, or expenses, including reasonable attorney’s fees, incurred by Landlord or any other tenant or subtenant in the Building, or by any other person rightfully in said Building for any purpose whatsoever, where the injuries are caused by (a) the actions or omissions of Tenant, Tenant’s agents, servants, contractors, or employees, or of any other person entering into the Roof Space under express or implied invitation of Tenant; or (b) where such injuries are the result of the violation of the provisions of this Agreement by any of such persons; or (c) where such damages are caused by the interference of the Equipment; or (d) to the extent arising out of Tenant’s use of the Roof Space or the Equipment.  Tenant shall not, however, be required to indemnify Landlord (x) to the extent such damages are caused by the negligence or willful misconduct of Landlord, or (y) for consequential damages.

9.               Surrender and Notice.  Upon the expiration or other termination of the term, Tenant shall quit and surrender to Landlord the Roof Space in good order and condition, and Tenant shall remove all of the Equipment and all other improvements or alterations and restore the Roof Space to its original condition, normal wear and tear excepted.  In the event Tenant fails to vacate the Roof Space on a timely basis as required, Tenant shall be responsible to Landlord for all costs and damages incurred by Landlord as a result of such failure, including, but not limited to, any amounts required to be paid to third parties, and, as it is agreed that the damages resulting therefrom are not easily determinable or ascertainable, Tenant shall be liable to Landlord for an amount equal to $___________ as liquidated damages for each day beyond expiration or termination hereof that Tenant fails to vacate.

10.            Holdover. If, after the expiration of the term hereof, Tenant shall continue to use the Roof Space with Landlord’s consent but without any express written agreement as to such holding over, then such holding over shall be deemed to be and taken to be a revocable license, revocable at any time upon ten days prior notice of either party, subject to all of the terms and conditions hereof to be observed and performed.

11.                        Default. 

(a)              The following events are hereinafter referred to as “Defaults” or “Events of Default” herein:

(1)             Tenant shall fail to correct and eliminate interference caused by the Equipment as provided in paragraph 4 herein; or

(2)             Tenant shall fail to perform any of the other agreements, terms covenants or conditions hereof on Tenant’s part to be performed, and such nonperformance shall continue for a period of 30 days after written notice thereof from Landlord to Tenant given in the manner required under the terms of this Agreement, or if such performance cannot be reasonably had within such 30 day period Tenant shall not in good faith have commenced such performance within such 30 day period and shall not diligently proceed therewith to completion.  In the event of any such Default, Landlord shall have the right, at Landlord’s option, to terminate Tenant’s rights to use the Roof Space and other rights hereunder, in which event Tenant’s right to use the Roof Space and rights hereunder shall thereupon be terminated, as if the Agreement had expired at the end of the term hereof, except as to Tenant’s liability as herein provided, and Tenant shall surrender the Roof Space and remove all of its Equipment in accordance with paragraph 9 above. 

(b)             Landlord’s rights hereunder shall be in addition to, and not in lieu of, every other right or remedy provided for herein or now or hereafter existing at law or in equity by statute or otherwise, including, but not limited to suits for injunctive relief and specific performance. 

(c)              The exercise or beginning of exercise by Landlord of any one or more rights or remedies, provided herein or now or hereafter existing at law or in equity by statute or otherwise shall not preclude the simultaneous or later exercise by Landlord of any or all other rights or remedies provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise.  All such rights and remedies shall be considered cumulative and nonexclusive. 

(d)             Landlord shall have the right to perform any obligations of Tenant hereunder which Tenant shall fail to perform after 30 days’ prior written notice thereof (except no notice shall be required in an emergency) to Tenant.

12.            Approvals.  Whenever Landlord or Tenant’s consent or approval is required pursuant to the terms of this Agreement, it is understood and agreed that such approval shall not be unreasonably withheld or delayed, unless otherwise provided herein.

13.            Attorneys’ Fees.  In the event of any action filed in relation to this Agreement, the prevailing party shall be entitled to recover from the other reasonable attorneys’ fees and other disbursements.

14.            Entire Agreement.  This Agreement constitutes the entire agreement of the parties hereto with respect to the Roof Space and shall supersede all prior offers, negotiations, and agreements.

15.            Notices.

(a)              All notices and other communications required or permitted under this Agreement shall be in writing and shall be given by United States first class mail, postage prepaid, certified, return receipt requested, or by hand delivery (including by means of a professional messenger service) addressed as follows:

(1)                         If to Landlord:  








(2)                         If to Tenant:                                                                 





(b)             Any such notice or other communication shall be deemed to be effective when actually received or refused.  Either party may by similar notice given change the address to which future notices or other communications shall be sent.

16.                        Disputes.

(a)              Any claim, controversy or dispute, whether sounding in contract, statute, tort, fraud, misrepresentation or other legal theory, related directly or indirectly to this Agreement, whenever brought and whether between the parties to this Agreement or between one of the parties to this Agreement and the employees, agents or affiliated businesses of the other party, shall be resolved by arbitration as prescribed in this section.  The Federal Arbitration Act, 9 U.S.C. '' 1-15, not state law, shall govern the arbitrability of all claims.

(b)             Notwithstanding the foregoing, at Landlord’s option, the following claims, controversies or disputes need not be resolved by arbitration:  (1) any action by Landlord that seeks repossession of the premises as part of Landlord’s remedy, (2) any action by Landlord seeking an injunction or temporary restraining order, and (3) any action by Landlord seeking any prejudgment remedy.

(c)              The arbitration shall be conducted under the then current rules of the American Arbitration Association (the “AAA”).  Where no disclosed claim or counterclaim exceeds $500,000, exclusive of interest and attorneys’ fees, there shall be one arbitrator, who shall be an attorney with at least ten years’ experience in the commercial real estate field.  In all other cases, there shall be three arbitrators, at least one of whom shall be an attorney with at least ten years’ experience in the commercial real estate field.  Subject to the foregoing, the arbitrator or arbitrators shall be selected in accordance with AAA procedures from a list of qualified people maintained by the AAA.  The arbitration shall be conducted in the regional AAA office closest to where the claim arose, and all expedited procedures prescribed by the AAA rules shall apply.

(d)             There shall be no discovery other than the exchange of information that is provided to the arbitrator or arbitrators by the parties.  The arbitrator or arbitrators shall have authority only to award compensatory damages and shall not have authority to award punitive damages or other non-compensatory damages; the parties hereby waive all rights to and claims for monetary awards other than compensatory damages.  Each party shall bear its own costs and attorneys’ fees, and the parties shall share equally the fees and expenses of the arbitrator or arbitrators.  The decision and award of the arbitrator or arbitrators shall be final and binding, and judgment on the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof.

(e)              If any party files a judicial or administrative action asserting claims subject to arbitration as prescribed herein, and another party successfully stays such action or compels arbitration of said claims, the party filing said action shall pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorneys’ fees.

17.            Condemnation.  In the event of a condemnation or other taking of all or any portion of the Roof Space by any governmental agency, all proceeds will be paid to either the Master Landlord or the Landlord in accordance with the provisions of the Master Lease.  Tenant waives all right to such payments, and this Agreement will terminate on the date the condemning authority takes possession of all or any portion of the Roof Space.

18.            Damage and Destruction.  In the event the Roof Space or the Building is damaged by fire or other casualty and Landlord or Master Landlord, as the case may be, elects not to rebuild, Landlord and Tenant will each have the right to terminate this Agreement effective as of the date of such casualty, provided that written notice of termination is given to the other within 30 days after the date of such casualty.  If Landlord does not elect to terminate this Agreement, Landlord or Master Landlord, as the case may be, will restore the Roof Space to its condition prior to the date of the damage; in such a case, Rent will abate from the date of the damage until the Roof Space is restored.

19.            Subordination, Non-Disturbance and Attornment.

(a)              This Agreement and Tenant’s rights under this Agreement are subject and subordinate to any ground or underlying lease, and to any first priority mortgage or first priority deed of trust (each a “Superior Lien”), together with any renewals, extensions, modifications, consolidations and replacements of such Superior Lien, now or after the Date affecting or placed, charged or enforced against the Land, the Building, or all or any portion of the Property or any interest of Landlord in them or Landlord’s interest in this Agreement and the leasehold estate created by this Agreement (except to the extent any such instrument will expressly provide that this Agreement is superior to such instrument).  This provision will be self-operative and no further instrument of subordination will be required in order to effect it.  Notwithstanding the foregoing, Tenant will execute, acknowledge and deliver to Landlord, within 20 days after written demand by Landlord, such documents as may be reasonably requested by Landlord or the holder of any Superior Lien to confirm or effect any such subordination.

(b)             Tenant agrees that in the event that any holder of a Superior Lien succeeds to Landlord’s interest in the Premises, Tenant will pay to such holder all rents subsequently payable under this Agreement.  Further, Tenant agrees that in the event of the enforcement by the holder of a Superior Lien of the remedies provided for by law or by such Superior Lien, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such enforcement, automatically become the Tenant of and attorn to such successor-in-interest without change in the terms or provisions of this Agreement.  Such successor-in-interest will not be bound by (a) any payment of Rent for more than one month in advance, except prepayments in the nature of security for the performance by Tenant of its obligations under this Agreement; (b) any amendment or modification of this Agreement made without the written consent of such successor-in-interest (if such consent was required under the terms of such Superior Lien); (c) any claim against Landlord arising prior to the date on which such successor-in-interest succeeded to Landlord’s interest; or (d) any claim or offset of Rent against the Landlord.  Upon request by such successor-in-interest and without cost to Landlord or such successor-in-interest, Tenant will, within 20 days after written demand, execute, acknowledge and deliver an instrument or instruments confirming the attornment, so long as such instrument provides that such successor-in-interest will not disturb Tenant in its use of the Premises in accordance with this Agreement.

(c)              Without limiting the generality of subsection (a) and (b) above, this Agreement and Tenant’s rights under this Agreement are subject and subordinate to the Master Lease under which Landlord holds its interest in the Property.  Tenant agrees that in the event the lessor or its successor-in-interest under the Master Lease (“Master Landlord”) succeeds to Landlord’s interest in the Premises, upon request of Master Landlord, Tenant will pay to Master Landlord all rents subsequently payable under this Agreement and will automatically become the tenant of and attorn to Master Landlord, and this Agreement will continue as a direct lease between Master Landlord and Tenant without change in the terms or provisions hereof; provided, however, that Master Landlord shall not be obligated to perform any obligation of Landlord hereunder that arose or accrued prior to the date on which Master Landlord became the landlord hereunder, and provided further that any obligations of Master Landlord arising hereunder after such date shall be without recourse to Master Landlord, other than Master Landlord’s interest in the Property.  Tenant agrees (1) that the subordination provisions set forth in this Section are self-operative and no further instruments of subordination are required, and (2) to execute such further instruments of subordination as may be required by Master Landlord, so long as the form of any such instrument shall be reasonably satisfactory to Tenant and such instrument does not increase the liabilities or decrease the rights of Tenant hereunder.

20.            Environmental Matters.

(a)              Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all direct claims, costs, and liabilities, including reasonable attorneys’ fees and costs, arising out of the introduction of Hazardous Materials to the Property by Tenant.

(b)             Landlord will be solely responsible for and will defend, indemnify, and hold Tenant, its agents, and employees harmless from and against any and all direct claims, costs, and liabilities, including reasonable attorneys’ fees and costs, arising out of the introduction of Hazardous Materials to the Property by Landlord.

(c)              “Hazardous Materials” means asbestos or any hazardous substance, waste or materials as defined in any federal, state, or local environmental or safety law or regulation including, but not limited to, CERCLA.

(d)             The obligations of this Section 20 shall survive the expiration or other termination of this Agreement.

21.            General.

(a)              Tenant acknowledges and agrees that it has not relied upon any statements, representations, agreements, or warranties by Landlord, its agents or employees, except such as are expressed herein, and that no amendment or modification of this Agreement shall be valid or binding unless expressed in writing and executed by the parties hereto in the same manner as the execution of this Agreement.

(b)                         Tenant acknowledges and agrees that this Agreement from Landlord to use a portion of the Building for the purposes set forth herein is of a nonexclusive nature, and that Landlord, at its sole discretion, has the right to grant other licenses, leases or rights of use, of any kind or nature, to parties other than Tenant; provided that such uses do not unreasonably interfere with Tenant’s access to and operation of the Equipment.

(c)                          Tenant agrees to comply with all reasonable rules and regulations applicable to tenants in the Building as are consistent with the use provided herein upon written notice to Tenant from Landlord thereof. 

(d)                         This Agreement shall not be recorded.

(e)                          This Agreement will be governed by the internal laws of the State of __________, without reference to its conflict of laws provisions.           

            22.       Tenant’s Contact Person.  For purposes of contacting Tenant with respect to maintenance, repair and services issues, as well as general questions or concerns, Landlord may contact the following person (“Tenant’s Contact Person”):




            Tenant may change Tenant’s Contact Person by giving 10 days’ prior written notice of such change to Landlord.  Landlord agrees that communication via telephone or facsimile with Tenant’s Contact Person shall in no way satisfy the notice requirements set forth in other provisions of this Agreement, unless those provisions expressly allow verbal or facsimile notification as an acceptable means of fulfilling Landlord’s notification obligation.

            EXECUTED as of the day and year first written above.


LANDLORD:                                                               TENANT:



a ____________________                                             a                                                         



By:                                                                               By:                               ___

Name:                                                                           Name:                                                  

Title:                                                                             Title:                                                    

Date:                                                                            Date:                                                   







Roof Space








Access Prerequisites


§        No one will be allowed access to the rooftop areas of the Building without having on file, in the Building property manager’s office, a copy of the RF (radio frequency) Site Safety Awareness Training certificate in the name of the person requiring access.


§        No one will be allowed access to the radio and equipment rooms on the ___________ floors of the Building, unless they have been properly trained and have a certificate from an OSHA approved class on the process of “Lock-Out and Tag-Out” on file with the Building property manager’s office, together with a list of technicians and personnel requiring access to the radio and equipment rooms.


§        No one will be allowed access to the roof top areas of the Building unless and until Landlord or its designated property management has been provided with a copy of a completed FAA application for installation of the Equipment on the Roof Space.  Once the FAA application is approved, a copy of the approved application must also be forwarded to Landlord or its designated property management for its files.