2021-186 - Laserfiche WebLink

Home Browse Search

S. Interferenceand Relocation of Tenant's Equipment. 5.1 Interference. Tenant agrees to use commercially reasonable efforts to ensure that Tenant's Equipment does not cause measurable transmission or reception Interference (as defined below) with any equipment installed attheStructure asof the Effective Date. Following the Effective Date, Landlord agrees not to install or to permit others to install any structure or equipment which could block or otherwise interfere with any transmission or reception by Tenant's Equipment ("Interference"). If Interference continues for a period more than forty-eight (48) hours following a Party'sreceipt of notification thereof, Landlord shall cause any interfering party to cease operating, and/or relocate, the source of Interference, or to reduce the power sufficiently to minimize the Interference until such Interference can be remedied. 5.2 Relocation of Tenant's Equipment. Following Tenant'sreceipt of a written Notice from Landlord, Tenant agrees to temporarily relocate its equipment to a mutually agreed upon location on the Property (a "Temporary Location") to facilitate Landlord's performance of maintenance, repair or similar work at the Property or in or on the Structure, provided that: (a) Tenant agreesto pay for all costs incurred by Tenant for relocating Tenant's Equipment to the Temporary Location as well as back to the original location ("Relocation Costs") asset forth below; (b) Landlord gives Tenant at least six (6) months prior written Notice (except in the case of a bona fide emergencywhich is reasonably likely to result in damage or injury to persons, the Structure or the Property (an "Emergency"), in which event Landlord will provide the greatest amount of notice possible under the circumstances; and (c) except for an Emergency Tenant shall not be required to relocate its equipment to a Temporary Location more than one (1) time within any five (5) year period. If Tenant's use of the Temporary Location requires Tenant to undergo re -zoning or re -permitting, Landlord shall not require Tenant to relocate Tenant's Equipment, absent an Emergency, until Tenant's receipt of all Governmental Approvals applicable to Tenant'suse of the Temporary Location. 6. Maintenance and Repair Obligations. 6.1 Landlord Maintenance of the Structure. Landlord represents and warrants that, as of the Effective Date, the Structure, the Structure's systems and all structural elements of the Structure are in compliance with Applicable Law. Throughout theterm of this Agreement, Landlord shall maintain, at its sole cost and expense, the Structure and the Property (but not Tenant's Equipment located thereon) in good operating condition. Landlord shall not have anyobligation to maintain, repair or replace Tenant's Equipment except tothe extent required due to the acts and/or omissions of Landlord, Landlord's agents, contractorsor other tenants of the Structure. Landlord agreesto safeguard Tenant's Equipment with the same standard of care it uses to protect its own property, but in no event less than reasonable care. In addition, Tenant may take all actions necessary, in Tenant's reasonable discretion, to secure and/or restrict accessto Tenant's Equipment. 6.2 Tenant Maintenance of Tenant's Equipment. Tenant assumes sole responsibility for the maintenance, repairand/or replacement of Tenant's Equipment, except asset forth in Section 6.1. Tenant agrees to perform all maintenance, repair or replacement of Tenant's Equipment ("Tenant Maintenance") in accordance with Applicable Law, and in a good and workmanlike manner. Tenant shall not be permitted to conduct Tenant Maintenance in a mannerthat would materially increase the size of the Premises. 7. Surrender and Hold Over. 7.1 Surrender. Except as set forth to the contrary herein, within ninety (90) days following the expiration or termination of this Agreement (the "Equipment Removal Period"), inaccordance with the terms of this Agreement, Tenant will surrender the Premises to Landlord in a condition similar to that which existed immediately prior to Tenant's Installation together with any additions alteration and improvements to the Premises, in either case, normal wear and tear excepted. If Tenant's Equipment is not removed during the Site Number: MIMIA00558A Lease Version: 1.0 Market: MIAMI