Draft lease for 7 World Trade Center, March 1998

NYC 9/11 Public Portal Document

any support structures and Communications Dish erected or installed by Tenant pursuant to the provisions of this Article 35. Tenant, at Tenant’s sole cost and expense, shall secure and thereafter maintain all permits and licenses required for the installation and operations of the Communications Dish and any support structures erected or installed by Tenant pursuant to the provisions of this Article 35, including, without limitation, any approval, license or permit required from the Federal Communications Commission. In no event shall the maximum level of microwave emissions from the Communications Dish exceed the safety level allowable for the Building as determined by the Governmental authorities (including the Port Authority) having jurisdiction thereof.

(F) Tenant agrees that Tenant shall pay for all electrical service required for Tenant’s use of the (Communications Dish and related equipment erected or installed by Tenant pursuant to the provisions of this Article 35 in accordance with Article 10 of this Lease and Tenant further agrees that such electric service shall feed off the supply of electrical energy furnished to the Demised Premises or by other available means of Landlord as provided in Article 10 of this Lease.

(G) The (Communications Dish and support structures installed by Tenant pursuant to the provisions of this Article 35 shall be Tenant’s personal property, and, upon the expiration or earlier of the Term of this Lease, or earlier, shall be removed by Tenant at Tenant’s sole cost and expense. All Wiring and related electrical equipment installed by Tenant in connection with the installation and operation of the Communications Dish shall be Tenant’s personal property. Upon the expiration of the Term of this Lease or upon its earlier termination in any manner, if Landlord so directs by written notice to Tenant, Tenant shall promptly remove the Wiring and electrical equipment as designated in such notice, at Tenant’s sole cost and expense. Tenant, at Tenant’s sole cost and expense, shall promptly repair any and all damage to the rooftop of the Building and to any other part of the Building caused by or resulting from the installation, maintenance and repair, operation or removal of the (Communications Dish, support structures and Wiring erected or installed by Tenant pursuant to the provisions of this Article 35 and restore said affected areas to their condition as existed prior to the installation of the Communications Dish.

(H) Tenant agrees that Landlord shall not be required to provide any services whatsoever to the rooftop of the Building.

(I) Tenant covenants and agrees that all installations made by Tenant on the rooftop of the Building or in any other part of the Building pursuant to the provisions of this Article 35 shall be at the sole risk of Tenant, and neither Landlord nor Landlord’s agent or employees shall be liable for any damage or injury thereto caused in any manner, unless the same shall proximately result from the gross negligence or willful misconduct of Landlord, its agents and employees.

(J) Tenant will, and does hereby, indemnify and save harmless Landlord from and against: (i) any and all claims, reasonable counsel fees, demands, damages, expenses or losses

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