Common use of Balconies Clause in Contracts

Balconies. Tenant acknowledges and agrees that (i) Tenant has access to certain balconies located on the Premises; (ii) Tenant is responsible for supervising and controlling access to the balconies by Tenant’s employees, officers, directors, shareholders, agents, representatives, contractors and/or invitees; (iii) Landlord is not responsible for supervising and controlling access to the balconies, and (iv) except as shall be due to the negligence or willful misconduct of Landlord or its agents, contractors or employees, Tenant assumes the risk for any loss, claim, damage or liability arising out of the use or misuse of the balconies by Tenant’s employees, officers, directors, shareholders, agents, representatives, contractors and/or invitees, and Tenant releases and discharges Landlord from and against any such loss, claim, damage or liability. Tenant further agrees to indemnify, defend and hold Landlord harmless from and against any and all losses and claims relating to or arising out of the use or misuse of the balconies by Tenant or Tenant’s employees, officers, shareholders, directors, agents, representatives, contractors and/or invitees. Pursuant to Landlord’s written approval thereof (which approval shall not be unreasonably withheld), Tenant shall have the right to install and use outdoor furniture and planters on the balconies. Tenant furthermore agrees (a) not to store or place any personal property or other items upon said balconies without the prior consent of Landlord, which may be withheld in Landlord’s sole discretion, (b) to use and keep the appearance of the balconies in a manner consistent with a first-class office building, (c) not to use the balcony as an area for people to congregate or as a smoking area or for other similar purposes, and (d) not to keep the balcony door(s) ajar.

Balconies. Tenant acknowledges and agrees that (i) Tenant has access to certain balconies located on the Premises; (ii) Tenant is responsible for supervising and controlling access to the balconies by Tenant’s employees, officers, directors, shareholders, agents, representatives, contractors and/or invitees; (iii) Landlord is not responsible for supervising and controlling access to the balconies, and (iv) except as shall be due to the negligence or willful misconduct of Landlord or its agents, contractors or employees, Tenant assumes the risk for any loss, claim, damage or liability arising out of the use or misuse of the balconies by Tenant’s employees, officers, directors, shareholders, agents, representatives, contractors and/or invitees, and Tenant releases and discharges Landlord from and against any such loss, claim, damage or liability. Tenant further agrees to indemnify, defend and hold Landlord harmless from and against any and all losses and claims relating to or arising out of the use or misuse of the balconies by Tenant or Tenant’s employees, officers, shareholders, directors, agents, representatives, contractors and/or invitees. Pursuant to Landlord’s written approval thereof (which approval shall not be unreasonably withheld), Tenant shall have not have the right to install and use outdoor furniture and planters on the balconies. Tenant furthermore agrees (a) not to store or place any personal property or other items upon said balconies without the prior consent of Landlord, which may be withheld in Landlord’s sole discretion, (b) to use and keep the appearance of the balconies in a manner consistent with a first-class office building, (c) not to use the balcony as an area for people to congregate or as a smoking area or for other similar purposes, and (d) not to keep the balcony door(s) ajar.