operation, maintenance, repair and/or removal of the Roof-top Equipment installed by or on behalf of Tenant and Tenant agrees that Landlord shall not be responsible for, and, to the maximum extent this agreement may be made effective according to law (including the limitations set forth in M.G.L. c. 186, §15), but subject to Tenant’s insurance requirements under the Lease and Section 11(b) thereof, Tenant shall release, defend, indemnify and save Landlord harmless against and from any liability, loss, cost, expense, injury, damage, claim or suit resulting directly or indirectly from the aforesaid installations, use of the Roof and the use, operation and/or removal of any of the Roof-top Equipment and, if applicable, any Additional Roof-top Equipment, and this indemnity and release shall survive the termination of this Lease and Tenant acknowledges and agrees that the foregoing limitations and/or restrictions shall not give rise to any right to terminate this Lease or any claim of breach of Landlord under this Lease or any claim for damages against Landlord or Landlord’s Agents at law or equity, including injunctive relief.
d. Tenant acknowledges that Landlord may decide, in its reasonable discretion, from time to time, to repair or replace the Roof (hereinafter “Roof Repairs”). Tenant is encouraged to design, install and maintain the Roof-top Equipment in a manner that allows for Landlord to conduct Roof Repairs without any removal thereof being required (e.g., using adequately framed, reinforced, sealed and elevated dunnage and/or roof framing) and Landlord shall reasonably cooperate with Tenant to accomplish this. If Tenant fails to design, install and maintain the Roof-top Equipment in a manner that allows for Landlord to conduct Roof Repairs without any removal thereof being required and Landlord elects to make Roof Repairs that will in Landlord’s good faith determination require Tenant to temporarily relocate its Roof-top Equipment on the Roof, Tenant shall, upon Landlord’s request and reasonable notice and at Tenant’s sole cost and expense, temporarily relocate the Roof-top Equipment so that the Roof Repairs may be completed; Landlord and Tenant shall use good faith efforts to cooperate in connection with such temporary relocation in order to minimize or mitigate the effect thereof on Tenant’s business operations. The cost of removing and reinstalling same shall be paid by Tenant unless required notwithstanding the fact that same was designed, installed and maintained in a manner that allows for Landlord to conduct Roof Repairs without removal. Landlord acknowledges and agrees that Landlord has no right to require any existing Roof-top Equipment installed on dunnage on that portion of East side of the Roof (i.e., 27E) as of the date hereof to be relocated. To the maximum extent this agreement may be made effective according to law (including the limitations set forth in M.G.L. c. 186, §15), but subject to Tenant’s insurance requirements under the Lease and Section 11(b) thereof, Landlord shall not be liable to Tenant for any losses, liability, injury, damages, claim, suit, lost profits or other costs or expenses of any kind whatsoever incurred by Tenant, or any invitee, licensee or agent of Tenant as the result of the Roof Repairs.
e. At the time of Landlord’s review and approval therefor, Landlord shall advise Tenant of what, if any, Roof-top Equipment and associated conduit, wiring, cabling, and equipment relating thereto that Tenant shall be required to remove, otherwise all such Roof-top Equipment and associated conduit, wiring, cabling and equipment shall be left in place upon the expiration or termination of the Lease, subject to the terms hereof. Landlord’s determination as to such removal at the time of its review and approval shall be based on Landlord’s good faith judgment as to, without limitation, whether such Roof- top Equipment is of a type, nature, quality and/or quantity that would have use and applicability to other laboratory tenants of the Building (and/or the Building in general) and/or same would require unusual expense to remove and/or re-adapt the Premises or Building upon its ultimate removal. With respect to that Roof-top Equipment that Tenant is to leave in place, such Roof-top Equipment shall be (i) in, and have been maintained in, good working order and condition and not otherwise obsolete or beyond its reasonably life expectancy, and (ii) of a nature, level of performance and efficiency, and demand for the then current uses and occupants of the Building, in which event Tenant shall transfer all right, title and interest in and to same to Landlord (or nominee), free and clear of all liens and encumbrances, along with all manuals, operating material and logs relating thereto upon expiration of the Term or other termination of the Lease. In addition, Landlord shall have the right, upon written notice to Tenant prior to removal, to
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