Common use of Cafeteria Clause in Contracts

Cafeteria. Landlord shall provide services to the existing cafeteria located in the Common Areas of the Building (the “Cafeteria”) (whether operated by Landlord or by an independent contractor) for use by Tenant and other tenants and occupants in the Building; provided, however, that if Landlord’s (or such contractor as Landlord may employ) commercially reasonable operation of the Cafeteria is sufficiently proven to Tenant to not be economically viable (i.e., incapable of operating other than at a net loss), as may be confirmed by Tenant’s reasonable review of Landlord’s books and operating records relating to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to either (i) elect to pay to the Cafeteria operator, on a monthly basis, its pro rata share (based on a fraction, the numerator of which would be the number of Tenant’s employees, and the denominator of which would be the total number of employees of tenants in the Building that have elected to participate in use of the Cafeteria (the “Cafeteria Pro Rata Share”)) of the amount of money required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amount, in which case Landlord shall be relieved of the obligation to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the employees of any tenant of the Building that does not elect to participate in using the Cafeteria to have access to or use of the Cafeteria and the services provided there. Tenant may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord shall be relieved from any obligation to operate the Cafeteria. The operator of the Cafeteria from time to time may modify the hours of operation, the menu or the method of service; provided, however, that the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is required to be operational during the Lease Term.

Cafeteria. Landlord Tenant shall provide services continue to operate the existing cafeteria located in on the Common Areas first floor of the Building (Building, as indicated, on Exhibit “F” attached hereto being the “Cafeteria”) (whether operated by northeast and southeast quadrants of the first floor, through the Expiration Date of the Lease. Tenant agrees to allow the employees, customers and/or vendors of Landlord or by an independent contractor) for use by Tenant and other tenants and occupants in the Building; provided, however, that if Landlord’s (or such contractor as Landlord may employ) commercially reasonable operation of the Cafeteria is sufficiently proven to Tenant to not be economically viable (i.e., incapable of operating other than at a net loss), as may be confirmed by Tenant’s reasonable review of Landlord’s books and operating records relating to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to either (i) elect to pay to the Cafeteria operator, on a monthly basis, its pro rata share (based on a fraction, the numerator of which would be the number of Tenant’s employees, and the denominator of which would be the total number of employees of tenants in the Building that have elected to participate utilize the cafeteria services in use the Building, in accordance with Tenant’s policies associated with the cafeteria usage. Until June 30, 2005, Tenant will continue its contract with its existing vendor to operate the cafeteria. If there is an operating loss with respect to the cafeteria, Tenant will submit an invoice with evidence setting forth the operating losses of the Cafeteria cafeteria to Landlord. Landlord shall reimburse Tenant upon receipt of the invoice and adequate evidence demonstrating the operating loss (without markup) within thirty (30) days. If Tenant fails to operate the cafeteria, Landlord shall be permitted to contract directly with Aramark or a cafeteria vendor of Landlord’s choice to operate the cafeteria. Notwithstanding the foregoing, prior to the Landlord operation or New Tenant or any other tenant in the future utilizing the cafeteria, the Landlord and New Tenant ,and any other tenant will be required to enter into an indemnity agreement with Tenant under terms and conditions required by Tenant (the “Cafeteria Pro Rata ShareIndemnification Agreement”)) . New Tenant and any other tenant in the future shall provide evidence of the amount of money general liability insurance in amounts as required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amountby Tenant, in which case naming Tenant as an additional insured as its interest may appear. Landlord shall be relieved also provide evidence to Tenant of an A+ rated commercial general liability insurance policy which encompasses the obligation to provide cafeteria with limits at the minimum of $2,000,000.00 per occurrence, naming Tenant as an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the employees of any tenant of the Building that does not elect to participate in using the Cafeteria to have access to or use of the Cafeteria and the services provided there. Tenant may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord shall be relieved from any obligation to operate the Cafeteria. The operator of the Cafeteria from time to time may modify the hours of operation, the menu or the method of service; provided, however, that the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is required to be operational during the Lease Termadditional insured.

Cafeteria. Landlord shall provide services furnish and equip a full service cafeteria in a certain space (the "Cafeteria Space") of approximately 3,000 square feet of Rentable Area in the location to be specified in the Base Building Plans, in accordance with the Preliminary Plans and the Cafeteria Plan to be prepared by Landlord consistent with the Preliminary Plans and approved by Tenant. Tenant shall enter into a contract with the operator selected by Tenant, acting with input from and consultation with Landlord. The initial cost of constructing, furnishing, and equipping such Cafeteria Space in accordance with the Preliminary Plans and the Cafeteria Plan to be prepared by Landlord and approved by Tenant shall be included as part of the Base Building. The Cafeteria Space shall be included in the calculation of the number of square feet of Rentable Area in the Premises. In addition, and notwithstanding any contrary provision herein, all costs incurred by Landlord in connection with such cafeteria including, without limitation, utilities, janitorial and repairs and maintenance of furniture, fixtures and equipment shall be included as part of Operating Costs. Tenant shall be responsible for all costs incurred in connection with any Alteration to the existing cafeteria located Cafeteria and any operating losses in connection herewith. No failure of performance on the Common Areas part of any operator of the Building (cafeteria within the “Cafeteria”) (whether operated Cafeteria Space shall constitute a default by Landlord or by under the Lease. Tenant may change the operator of the Cafeteria at any time and at Tenant's cost; Tenant shall consult with Landlord in good faith to replace such operator with an independent contractor) for use by alternative qualified food service vendor. Tenant and other tenants and occupants in the Building; provided, however, that if Landlord’s (or such contractor as Landlord may employ) commercially reasonable discontinue operation of the Cafeteria is sufficiently proven to Tenant to not be economically viable (i.e., incapable of operating other than Space at a net loss), as may be confirmed by Tenant’s reasonable review of Landlord’s books any time and operating records relating to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to either (i) elect to pay to use the Cafeteria operatorSpace for other purposes permitted hereby, but on a monthly basis, its pro rata share (based on a fraction, the numerator of which would be the number of Tenant’s employees, and the denominator of which would be the total number of employees of tenants in the Building that have elected to participate in use expiration or termination of the Cafeteria (the “Cafeteria Pro Rata Share”)) of the amount of money required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amount, in which case Landlord shall be relieved of the obligation to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss)Lease, the Cafeteria operator will provide Tenant with a written statement of income Space and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. all equipment installed therein by Landlord agrees that it shall not permit the employees of any tenant as part of the Base Building that does not elect to participate in using the Cafeteria to have access to (or use of the Cafeteria and the services provided there. Tenant may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord replacements thereto) shall be relieved from any obligation surrendered to operate the Cafeteria. The operator of the Cafeteria from time to time may modify the hours of operation, the menu or the method of service; provided, however, that the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is required to be operational during the Lease TermLandlord in accordance with Section 12.1.

Cafeteria. Landlord shall provide services to the existing cafeteria located in the Common Areas of the Building 26.1 Landlord, by itself, or through a contractor (the “CafeteriaCafeteria Operator”) shall use good faith, reasonable efforts to operate a restaurant in the Cafeteria for the use of Tenant, its employees and invitees, and the users of Building 10 and their employees and invitees. Tenant hereby approves Café Royale as the initial Cafeteria Operator. Landlord and Tenant agree to consult and reasonably agree as to the type and scope of services to be provided by the Cafeteria Operator, including the type and selection of menu items, hours of operation and whether catering services will be provided. Landlord agrees that any service contract with a Cafeteria Operator will include a right to terminate such contract upon thirty (whether operated 30) days notice. If Tenant is not satisfied with the services provided by the Cafeteria Operator, Landlord and Tenant will cooperate to change the services provided by the Cafeteria Operator to such services reasonably approved by Landlord or by an independent contractor) for use and Tenant. If Tenant remains dissatisfied, on a reasonable, but subjective basis, Landlord will find a replacement Cafeteria Operator. The replacement Cafeteria Operator and the scope of services such operator provides shall be approved by Tenant in advance, which approval shall not be unreasonably withheld. Once Tenant approves such replacement Cafeteria Operator and other tenants scope of services, Landlord shall enter into a service contract with such Cafeteria Operator and occupants in replace the Building; provided, however, that if then current Cafeteria Operator. If notwithstanding Landlord’s (reasonable, good faith efforts, Landlord cannot secure an operator for the Cafeteria 42 satisfactory to Tenant, Landlord shall offer such operation to Tenant. In such event, Tenant may, at Tenant’s sole cost and expense, but with no adjustment to Base Rent or such contractor as Landlord may employ) commercially reasonable operation Rentable Area of the Project or Rentable Area of the Premises, operate the Cafeteria is sufficiently proven to Tenant to not be economically viable for the use of: (i.e.i) Tenant, incapable its employees and invitees; (ii) the occupants of operating other than at a net loss), as may be confirmed by Tenant’s reasonable review of Landlord’s books Building 10 and operating records relating to the Cafeteria, their employees and invitees; and (iii) at Tenant’s election, then any other users of the Project and their employees and invitees. Landlord shall allow Tenant to either (i) elect to pay perform all necessary maintenance and repairs to the Cafeteria operator, on a monthly basis, its pro rata share (based on a fraction, the numerator of which would be the number of Tenant’s employees, and the denominator of which would be the total number of employees of tenants in the Building that have elected to participate in use of the Cafeteria (the “Cafeteria Pro Rata Share”)) of the amount of money required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amount, in which case Landlord shall be relieved of the obligation to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the employees of any tenant of the Building that does not elect to participate in using the Cafeteria to have access to or use of the Cafeteria and the services provided there. Tenant may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord shall be relieved from any obligation The cost to operate the Cafeteria, after deducting sums collected in connection with the operation thereof, shall be Operating Costs. The operator of Any user other than Tenant, its employees and invitees shall enter the Cafeteria from time the Common Areas. Tenant shall be solely responsible to time may modify the hours of operation, the menu or the method of service; provided, however, that secure any entrance to the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is required to be operational during the Lease TermPremises.