Cafeteria and Fitness Center. The Common Areas may contain a fitness center (the “Fitness Center”) and a cafeteria (the “Cafeteria”) that will be operated and maintained by Landlord (or an operator selected by Landlord). The Cafeteria and Fitness Center, if any, may not be temporarily available from time to time due to construction activities, repairs, maintenance or alterations, or a change in the managing or operating company hired by Landlord, and Landlord reserves the right to change the use of such facilities if the same is uneconomic or insufficiently used by tenants of the Building or Property in which case such facilities shall be subject to discontinuance and removal by Landlord, as determined by Landlord in its sole discretion. Landlord agrees to make the Fitness Center (and its facilities and equipment), if any, available to Tenant’s employees on a direct, non-exclusive basis subject to (a) Landlord’s Rules and Regulations regarding the use thereof; (b) payment of a monthly or other periodic user fee (no such fee being applicable as of the date hereof); and (c) execution of a waiver of liability and indemnity agreement for Landlord’s benefit in form and substance satisfactory to Landlord prior to such person’s use of the Fitness Center. If, at any time, the Fitness Center and/or Cafeteria are located within the Property in an area outside of the Building, Tenant acknowledges and agrees that Tenant’s use of such facilities shall be subject to discontinuance if the Building and Property are no longer owned by the same entity.
Cafeteria and Fitness Center. Tenant and its employees, contractors, visitors and consultants shall have the right to use the cafeteria (the “Cafeteria”) located in the Project so long as it is operational provided such parties shall be responsible for payment of all charges for meals and other items purchased at the cafeteria. Tenant and its employees, contractors and consultants shall have access to and the right to use the fitness center (the “Fitness Center”) located in the Project so long as it is operational provided such parties shall be responsible for payment of all charges customarily charged by Landlord (or the operator of the Fitness Center) for the use of the Fitness Center (currently Thirty Dollars ($30)) per month, not to be increased for Tenant’s employees and contractors by more than five percent (5%) per year). The use of such facilities by Tenant and/or its employees, contractors, visitors and consultants shall be subject to compliance with the other provisions of this Section 1.3. Landlord shall have the right to require that Tenant’s employees sign customary waivers of claims and comply with all safety and other procedures applicable to use of the Fitness Center. Notwithstanding any other provision herein to the contrary, Landlord reserves the right, upon written notice to Tenant, (a) to eliminate Tenant’s right to use the Cafeteria and Fitness Center if Landlord transfers or assigns its rights to use those facilities to another party and (b) to otherwise reduce, modify or terminate in whole or in part all or any such services or access to the Cafeteria or Fitness Center. Landlord shall provide not less than ninety (90) days prior written notice to Tenant if the fitness facility will be closed or materially reduced in size. If Landlord discontinues cafeteria service during the Term, Landlord shall provide an alternative fresh food (including breakfast items, sandwiches, and salads, but not hot food) and vending service (not necessarily including any seating area) at the Project sufficient to reasonably accommodate Tenant’s employees, contractors, visitors and consultants located at the Project.
Cafeteria and Fitness Center. 4.1 For as long as Landlord chooses to operate a cafeteria and/or fitness center at the Complex, Tenant's officers and employees shall have the right to use such facilities on a non-exclusive basis in common with Landlord's officers and employees and others entitled thereto, upon payment of the current fees and charges for such use. In Landlord's sole and unreviewable discretion and without notice to Tenant, Landlord may discontinue operation of the cafeteria and/or fitness center at any time.
Cafeteria and Fitness Center. Landlord will construct in the Building a fitness center (the "Fitness Center") and a cafeteria (the "Cafeteria") and each will be operated and maintained by the Landlord (or an operator selected by the Landlord). The Cafeteria and Fitness Center may not be available from time to time due to construction activities, repairs, maintenance or alterations, or
Cafeteria and Fitness Center. The Building contains a fitness center (the “Fitness Center”) and a cafeteria (the “Cafeteria”) which will be operated and maintained by the Landlord (or an operator selected by the Landlord). The Cafeteria and Fitness Center may not be available from time to time due to construction activities, repairs, maintenance or alterations, or a change in the managing or operating company hired by Landlord, and Landlord reserves the right to change the use of such facilities if the same is uneconomic or insufficiently used by Building tenants in which case such facilities shall be subject to discontinuance and removal by Landlord, as determined by Landlord in its sole discretion. Landlord agrees to make the Fitness Center (and its facilities and equipment) available to Tenant’s employees on a direct, non-exclusive basis subject to (a) Landlord’s Rules and Regulations regarding the use thereof; (b) payment of a monthly or other periodic user fee; and (c) execution of a waiver of liability and indemnity agreement for Landlord’s benefit in form and substance satisfactory to Landlord prior to such person’s use of the Fitness Center.
