GVHR » Topics » 62. INTENTIONALLY DELETED.

This excerpt taken from the GVHR 8-K filed Jun 10, 2005.

62. INTENTIONALLY DELETED.

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  63. Rooftop Antennae. Subject to the approval of all applicable governmental authorities and agencies, the association governing any applicable deed restrictions or restrictive covenants affecting the Premises, Tenant, at Tenant’s expense, shall be entitled to install, operate and use (which use shall be limited to the Tenant’s use for its own business operations), on a non-exclusive basis, one or more satellite antennas or dishes on the rooftop of the Building in which the Premises are located. Upon request, Landlord shall make available to Tenant, for Tenant’s use, such space on the roof of the Building, and reasonable access to the Building’s attic, for no rent or other charge. In connection with Tenant’s use of the roof, Landlord shall make available to Tenant access to the roof for the construction, installation, maintenance, repair, operation and use of such antenna equipment, as well as reasonable space in the Building to run electrical and telecommunications conduit from such equipment to the Premises. Tenant shall furnish to Landlord copies of its plans and specifications for such equipment, prior to the commencement of any construction and/or installation thereof. Such plans and specifications shall include details on the means of attaching such equipment to the roof, shall be prepared by qualified and licensed engineers and show all other structural, aesthetic, mechanical and electrical details related to such equipment and the installation thereof. Any such plans and specifications are subject to the prior approval of the Landlord whose approval shall not be unreasonably withheld, delayed or denied. To the extent that any such antenna or dish may be visible at street level, at Landlord’s request, such plans shall provide for the screening of such equipment, if necessary, with material compatible with the exterior of the Building and reasonably acceptable to Landlord. Any and all roof or wall penetrations must be specifically approved in writing by Landlord, and such work must be performed so as to avoid any possibility of voiding or affecting any roof warranties in favor of Landlord. Tenant shall have the responsibility to secure all necessary approvals from state, federal and other governmental authorities and associations governing applicable deed restrictions or restrictive covenants affecting the Premises to construct, operate and maintain such equipment and all structural, electrical or other mechanical changes to the Building. All such equipment shall be constructed and maintained by Tenant in accordance with all applicable laws, ordinances, rules and regulations and in compliance with the requirements of any insurers of the Building. Tenant shall indemnify and hold Landlord harmless from and against all loss, claim, damage and expense arising out of Tenant’s failure to comply with this Section (including, but not limited to, any damage to the roof as a result of such construction, maintenance, or operation of such equipment), subject always to the mutual release and waiver of subrogation provisions of this Lease. Tenant shall pay all taxes of any kind or nature whatsoever levied upon said equipment and all licensing fees, franchise taxes and other charges and expenses and all other costs of any nature whatsoever related to the construction, ownership, maintenance and operation of said equipment. All power or other utilities required for such equipment shall be provided by Landlord at Tenant’s sole cost and expense, provided same are separately metered. Upon the termination or expiration of this Lease, Tenant shall remove all of such equipment including all the component parts, cabling and wiring within fifteen (15) days following such termination or expiration (without the same constituting a holdover occupancy), and Landlord shall allow Tenant reasonable access to the Building to accomplish such removal. Tenant shall fully repair and restore any damage to the Building occasioned thereby, including, but not limited to any damage or penetrations to the roof occasioned by such removal, and return same to the condition existing prior to the installation of such equipment, reasonable wear and tear excepted at Tenant’s sole cost and expense. Nothing herein shall prevent Landlord from allowing other parties from using the roof, attic, and other areas of the Building for the development, installation, and operation of similar equipment or facilities.

        IN WITNESS WHEREOF, the parties hereto have executed this Lease the date indicated. Dated this 6th day of June, 2005.

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WITNESSES:   "LANDLORD"

OSPREY-LAKEWOOD RANCH PROPERTIES, LLC,
A Florida Limited Liability Company
  /s/                
Witness
   


  /s/                
Witness
   By:  /s/ Michael G. Cottrell   
Name: Michael G. Cottrell

WITNESSES:   "TENANT"

GEVITY HR, INC.,
A Florida Corporation
  /s/                
Witness
   


  /s/               
Witness
   By:  /s/ Erik Vonk  
Name: Erik Vonk

     

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