Common Area. (1) Lessor shall substantially complete the Common Area prior to the Commencement Date. Lessor shall not materially change or alter the dimensions and location of the Common Area without the prior written consent of Lessee. No public telephones, newspaper machines, vending machines, signage, kiosks, outdoor selling areas (whether seasonal or permanent) or other obstruction shall be permitted on the Common Area, except as may be otherwise expressly set forth in this Lease. Lessor reserves the right to designate certain parts of the Common Area as Quasi Common Area for the use of specific tenants such as designated parking areas. (2) Lessee, and its employees, customers, subtenants, licensees and concessionaires shall have the nonexclusive right to use the Common Area, such use to be in common with Lessor, other tenants of the Building, and other persons entitled to use the same by virtue of Lessor's express permission, and subject to such reasonable rules and regulations governing use as Lessor may, from time to time, prescribe. Lessee shall not solicit business or display merchandise within the Common Area, or distribute handbills therein, or take any action which would interfere with the rights of other persons to use the Common Area. Lessor shall require similar agreements and standards from any other tenant in the Building. Lessor may temporarily close any part of the Common Area for such periods of time as may be reasonably necessary to make repairs or alterations to the Common Area or the Building; provided that such closure shall not adversely affect, reduce or restrict Lessee's parking or access to the Building. (3) As part of the Site Plan approval process, Lessor and Lessee shall agree to specific exclusive designated areas in which automobiles owned by Lessee, its employees, subtenants, licensees and concessionaires shall be parked, and Lessee shall use reasonable efforts to see that such automobiles are parked in such areas. Upon request, Lessee shall furnish to Lessor a complete list of the license numbers of all automobiles operated by Lessee, its employees, and subtenants. Lessor hereby designates the parking spaces marked on the Site Plan as "Lessee Exclusive Parking Area" as Quasi Common Area in favor of Lessee, and Lessee, its employees, subtenants, licensees and concessionaires shall have the exclusive right to use such designated parking spaces. All remaining parking area in the Common Area other than Lessee's exclusive parking area shall be Quasi Common Area for the remaining tenants of the Building to be used as an exclusive parking area. (4) The Common Area shall be and remain under Lessor's sole operation and control, and Lessor shall adequately maintain and repair the same utilizing the funds described hereafter. As used in this Lease, the term "common area costs" shall mean the total of all items of expense relating to operating, managing, equipping, policing and protecting (if Lessor so elects), repainting, repairing, replacing, and maintaining the Common Area in the same condition as when originally installed (normal wear and tear excepted, and excluding items of a capital nature such as the replacement or repair of utility lines, or the replacement of the parking lot), and the cost of painting the readily visible portions of the exterior walls of the Building (exclusive of structural repairs and/or refurbishments). Such common area costs shall also include, removal of rubbish, dirt, and debris not generated by a tenant pursuant to the use of its lease space (Lessor will not place trash receptacles on the Property for the use of the tenants and each tenant, including, Lessee, will be responsible for engaging the services of a waste disposal company to provide a trash receptacle and to remove the contents of the trash receptacle on a regular schedule); costs of planting, replanting, and replacing flowers and landscaping, and supplies required therefor; costs of painting any of the foregoing items and striping the parking lot; all costs of utilities used in connection the maintenance of the Common Area; all costs of maintaining speed ramps (if any), lighting facilities which are not separately metered to Tenant, and storm drainage systems; all premiums for liability and property damage insurance as provided herein; ad valorem taxes on the Property and Building as provided herein; and management fees not to exceed two percent (2%) of the Base Rent.
Appears in 1 contract
Common Area. (1) Lessor Throughout the Complex, Landlord shall substantially complete the Common Area prior to the Commencement Date. Lessor shall not materially change or alter the dimensions provide paved drives and location of the Common Area without the prior written consent of Lessee. No public telephones, newspaper machines, vending machines, signage, kiosks, outdoor selling areas (whether seasonal or permanent) or other obstruction shall be permitted on the Common Area, except as may be otherwise expressly set forth in this Lease. Lessor reserves the right to designate certain parts of the Common Area as Quasi Common Area parking area for the use of specific tenants such as designated parking areas.
(2) Lessee, and its employees, customers, subtenants, licensees and concessionaires shall have the nonexclusive right to use the Common Area, such use to be in common with Lessor, by the customers and invites of Tenant and other tenants of the Building. Landlord shall maintain such parking area and all of the other common areas and facilities used for operation and maintenance of the Complex (collectively the “Common Areas” or the “Common Area”), including but not limited to, paved drives and other areas, parking area lighting standards, landscaped areas, if any, in good condition and repair. From and after the Commencement Date, Tenant agrees to pay Landlord, as Additional Rent, Tenant’s proportionate share of the cost of managing, operating, lighting, landscaping and lawn care, cleaning, roofing, removing snow, policing and security, insuring, repairing, supplying, equipping, parking lot and driveway maintenance (including restriping, resealing, and repaving, not more than once every 3 years), trash removal and recycling, replacing and properly maintaining the Common Areas, the Building and all other persons entitled areas, facilities, equipment, fixtures and buildings used in the maintenance and operation of the Property, provided that capital replacements shall be amortized over their useful life (without interest and determined in accordance with general accepted accounting principles), including a fee in an amount equal to use Twelve Percent (12%) of the same Common Area costs incurred as aforesaid to cover Landlord’s administration and overhead cost (collectively, the “Operating Costs”). In addition, Landlord’s costs to replace the existing building systems and equipment appurtenant to and/or serving the Building, which costs of maintenance shall be amortized over their useful life (without interest and determined in accordance with general accepted accounting principles), shall constitute part of the Operating Costs to be reimbursed by virtue Tenant. Tenant’s proportionate share as herein defined shall be equal to the product obtained by multiplying the total amount of Lessor's express permissionall Operating Costs levied by seven and seventy-one hundredths percent (7.710%). Tenant’s share of such Operating Costs shall be paid in advance in monthly installments on the first day of each calendar month during the Term in an amount estimated by Landlord from time to time to provide funds sufficient to pay Tenant’s annual obligation for such Operating Costs. Within ninety (90) days after the end of each year during the Term, Landlord shall furnish Tenant with a statement of the actual amount of, and subject Tenant’s proportionate share of, such Operating Costs for such period (the “Annual Statement”). Within thirty (30) days after delivery of each Annual Statement to Tenant by Landlord, Tenant shall pay to Landlord, or Landlord shall credit against the next payment due from Tenant, as the case may be, the difference between the estimated payments made by Tenant during the prior period and Tenant’s correct share of the actual Operating Costs for such reasonable rules and regulations governing use period, as Lessor may, from shown on such statement. From time to time, prescribeLandlord shall notify Tenant in writing of the amount of Tenant’s monthly installments due hereunder and adjustments thereto, and Tenant shall make its installment payments accordingly. Lessee Tenant’s obligation with respect to payment of such Operating Costs incurred during the Term shall survive expiration or termination of this Lease or the termination of Tenant’s tenancy in the Leased Premises. Notwithstanding the foregoing, replacements to the roof of the Building or other buildings within the Complex shall not solicit business or display merchandise within constitute Operating Costs for which Tenant is responsible to share payment of; provided however, Tenant shall be responsible to reimburse Landlord the Common Area, or distribute handbills therein, or take any action which would interfere with actual out of pocket expenses of Landlord in replacing the rights of other persons to use the Common Area. Lessor shall require similar agreements and standards from any other tenant in the Building. Lessor may temporarily close any part roof of the Premises amortized over its useful life, provided that Tenant shall have received 3 months’ prior notice and estimated cost of any proposed roof replacement, other than in an emergency situation, and such roof replacement shall not be conducted more often than every ten (10) years. Landlord reserves the right to make changes to the Property and the layout of the common area, structures, and all other improvements located therein. Landlord may at any time close temporarily any Common Area for such periods of time as may be reasonably necessary to make repairs or alterations changes, to prevent the acquisition of public rights in such area or to discourage non-customer parking, and may do such other acts in and to the Common Area or Areas as in its judgment may be desirable to improve the Buildingconvenience thereof; provided that such closure shall additions or modifications do not adversely affect, reduce materially affect access or restrict Lessee's parking or access to the Building.
(3) As part of the Site Plan approval process, Lessor and Lessee shall agree to specific exclusive designated areas in which automobiles owned by Lessee, its employees, subtenants, licensees and concessionaires shall be parked, and Lessee shall use reasonable efforts to see that such automobiles are parked in such areas. Upon request, Lessee shall furnish to Lessor a complete list of the license numbers of all automobiles operated by Lessee, its employees, and subtenants. Lessor hereby designates the parking spaces marked on the Site Plan as "Lessee Exclusive Parking Area" as Quasi Common Area in favor of Lessee, and Lessee, its employees, subtenants, licensees and concessionaires shall have the exclusive right to use such designated parking spaces. All remaining parking area in the Common Area other than Lessee's exclusive parking area shall be Quasi Common Area for the remaining tenants of the Building to be used as an exclusive parking areaPremises.
(4) The Common Area shall be and remain under Lessor's sole operation and control, and Lessor shall adequately maintain and repair the same utilizing the funds described hereafter. As used in this Lease, the term "common area costs" shall mean the total of all items of expense relating to operating, managing, equipping, policing and protecting (if Lessor so elects), repainting, repairing, replacing, and maintaining the Common Area in the same condition as when originally installed (normal wear and tear excepted, and excluding items of a capital nature such as the replacement or repair of utility lines, or the replacement of the parking lot), and the cost of painting the readily visible portions of the exterior walls of the Building (exclusive of structural repairs and/or refurbishments). Such common area costs shall also include, removal of rubbish, dirt, and debris not generated by a tenant pursuant to the use of its lease space (Lessor will not place trash receptacles on the Property for the use of the tenants and each tenant, including, Lessee, will be responsible for engaging the services of a waste disposal company to provide a trash receptacle and to remove the contents of the trash receptacle on a regular schedule); costs of planting, replanting, and replacing flowers and landscaping, and supplies required therefor; costs of painting any of the foregoing items and striping the parking lot; all costs of utilities used in connection the maintenance of the Common Area; all costs of maintaining speed ramps (if any), lighting facilities which are not separately metered to Tenant, and storm drainage systems; all premiums for liability and property damage insurance as provided herein; ad valorem taxes on the Property and Building as provided herein; and management fees not to exceed two percent (2%) of the Base Rent.
Appears in 1 contract
Sources: Lease (Tpi Composites, Inc)
Common Area. (1) Lessor Throughout the Term of this Lease, Tenant shall substantially complete have the Common Area prior non-exclusive right to the Commencement Date. Lessor shall not materially change or alter the dimensions and location use, in common with others, of the Common Area without and the prior written consent Facility Common Area subject to the provisions of Lessee. No public telephones, newspaper machines, vending machines, signage, kiosks, outdoor selling areas (whether seasonal or permanent) or other obstruction shall be permitted on the Common Area, except as may be otherwise expressly set forth in this Lease, all Applicable Laws and the Rules and Regulations referred to in Article XVII and incorporated herein by reference. Lessor reserves the right to designate certain parts of the Common Area as Quasi Common Area for the use of specific tenants such as designated parking areas.
(2) Lessee, and its employees, customers, subtenants, licensees and concessionaires shall have the nonexclusive Tenant's right to use the Common Area and the Facility Common Area shall terminate upon the termination of this Lease. Landlord reserves for itself and for all other owner(s) and operator(s) of the Common Area, such use to be in common with Lessor, other tenants the Facility Common Area and the balance of the BuildingFacility, and other persons entitled to use the same by virtue of Lessor's express permission, and subject to such reasonable rules and regulations governing use as Lessor may, right from time to time, prescribe. Lessee shall not solicit business without the same constituting an actual or display merchandise constructive eviction and without incurring any liability to Tenant therefor, except as expressly set forth in Section 11.06 hereof, to: (i) install, use, maintain, repair, replace and relocate pipes, ducts, conduits, wires and appurtenant meters and equipment above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building; (ii) make changes to the design and layout of the Facility, including, without limitation, changes to buildings, driveways, entrances, passageway, doors and doorways, corridors, elevators, stairs, toilets and other public parts of the Facility, loading and unloading areas, direction of traffic, landscaped areas, walkways and parking spaces and parking areas; and (iii) use or close temporarily the Common Area, or distribute handbills therein, or take any action which would interfere with the rights of Facility Common Area and/or other persons to use the Common Area. Lessor shall require similar agreements and standards from any other tenant in the Building. Lessor may temporarily close any part portions of the Common Area for such periods of time as may be reasonably necessary to make Facility or the Project while engaged in making improvements, repairs or alterations to the Building, the Common Area, the Facility Common Area, the Facility, or any portion thereof and (iv) change the name and numbers of designation by which the Building and the Facility are commonly known. In the event that Landlord shall unilaterally change the name or street Building or the suite number of the Premises, Landlord shall provide Tenant with ninety (90) days advance written notice thereof and Landlord shall reimburse Tenant for all reasonable costs incurred by Tenant as a result thereof, including, without limitation, the cost of Tenant's address change announcements and replacement of existing stock stationery. To the extent the location or amount, or both, of Common Area changes or the Building; provided that such closure shall not adversely affect, reduce or restrict Lessee's parking or access to the Building.
(3) As part of the Site Plan approval process, Lessor and Lessee shall agree to specific exclusive designated areas in which automobiles owned by Lessee, its employees, subtenants, licensees and concessionaires shall be parked, and Lessee shall use reasonable efforts to see that such automobiles are parked in such areas. Upon request, Lessee shall furnish to Lessor a complete list of the license numbers of all automobiles operated by Lessee, its employees, and subtenants. Lessor hereby designates the parking spaces marked on the Site Plan as "Lessee Exclusive Parking Area" as Quasi Facility Common Area changes in favor of Lessee, and Lessee, its employees, subtenants, licensees and concessionaires or during any calendar year Landlord shall have the exclusive right to use such designated parking spaces. All remaining parking area in include the Common Area other than Lessee's exclusive parking area shall be Quasi and the Facility Common Area Area, as so adjusted and calculated, for the remaining tenants purposes of calculating Operating Expenses for such portion of the Building to be used calendar year as an exclusive parking area.
(4) The Common Area shall be such change was in and remain under Lessor's sole operation and control, and Lessor shall adequately maintain and repair all subsequent calendar years. In connection with the same utilizing the funds described hereafter. As used in this Lease, the term "common area costs" shall mean the total exercise of all items of expense relating to operating, managing, equipping, policing and protecting (if Lessor so elects), repainting, repairing, replacing, and maintaining the Common Area in the same condition as when originally installed (normal wear and tear excepted, and excluding items of a capital nature such as the replacement or repair of utility lines, or the replacement of the parking lot), and the cost of painting the readily visible portions of the exterior walls of the Building (exclusive of structural repairs and/or refurbishments). Such common area costs shall also include, removal of rubbish, dirt, and debris not generated by a tenant pursuant to the use of its lease space (Lessor will not place trash receptacles on the Property for the use of the tenants and each tenant, including, Lessee, will be responsible for engaging the services of a waste disposal company to provide a trash receptacle and to remove the contents of the trash receptacle on a regular schedule); costs of planting, replanting, and replacing flowers and landscaping, and supplies required therefor; costs of painting any of the foregoing items and striping the parking lot; all costs of utilities used rights, Landlord shall use its reasonable efforts to exercise such rights in connection the maintenance a manner intended to minimize material interference with Tenant's use of the Common Area; all costs of maintaining speed ramps (if any), lighting facilities which are not separately metered to Tenant, and storm drainage systems; all premiums for liability and property damage insurance as provided herein; ad valorem taxes on the Property and Building as provided herein; and management fees not to exceed two percent (2%) of the Base RentPremises.
Appears in 1 contract
Common Area. (1) Lessor shall substantially complete Subject to the terms and conditions of this Lease and ----------- such rules and regulations as Landlord may from time to time prescribe, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as "Common Area." The Common Area prior does not include the inside portion of any Buildings. This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the Commencement Date. Lessor shall not materially change or alter the dimensions shape, size, location, amount and location extent of the Common Area without the prior written consent of Lessee. No public telephones, newspaper machines, vending machines, signage, kiosks, outdoor selling areas (whether seasonal or permanent) or other obstruction shall be permitted on the Common Area, except as may provided that such changes shall not unreasonably interfere with Tenant's access or use of the Premises or reduce the number of parking spaces to be otherwise expressly set forth in provided for Tenant under this LeaseParagraph 11. Lessor Landlord further reserves the right to designate certain parts of the Common Area as Quasi Common Area for the use of specific tenants such as designated parking areas.
(2) Lessee, and its employees, customers, subtenants, licensees and concessionaires shall have the nonexclusive right to use the Common Area, such use to be in common with Lessor, other tenants of the Building, and other persons entitled to use the same by virtue of Lessor's express permission, and subject to promulgate such reasonable rules and regulations governing relating to the use of the Common Area, and any part or parts thereof, as Lessor mayLandlord may deem appropriate for the best interest of the occupants of the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord from time to time, prescribewith or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Lessee No such rules and regulations shall (i) require Tenant to pay additional Monthly Installment of rent or Additional Rent or materially decrease Tenant's rights or materially increase Tenant's obligations under this Lease. Tenant shall have the non-exclusive use of two hundred sixty-seven (267) of the parking spaces in the Common Area as designated from time to time by Landlord. Tenant shall not solicit business at any time park or display merchandise within permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area, Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or distribute handbills therein, or take equipment on any action which would interfere with the rights portion of other persons to use the Common Area. Lessor Tenant shall require similar agreements make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and standards from any other tenant in the Building. Lessor may temporarily close any part of repair the Common Area for such periods of time as may be reasonably necessary to make repairs or alterations to the Common Area or the Building; provided that such closure shall not adversely affectin good order, reduce or restrict Lessee's parking or access to the Building.
(3) As part of the Site Plan approval process, Lessor condition and Lessee shall agree to specific exclusive designated areas repair. The manner in which automobiles owned by Lessee, its employees, subtenants, licensees and concessionaires shall be parked, and Lessee shall use reasonable efforts to see that such automobiles are parked in such areas. Upon request, Lessee shall furnish to Lessor a complete list of the license numbers of all automobiles operated by Lessee, its employees, and subtenants. Lessor hereby designates the parking spaces marked on the Site Plan as "Lessee Exclusive Parking Area" as Quasi Common Area in favor of Lessee, and Lessee, its employees, subtenants, licensees and concessionaires shall have the exclusive right to use such designated parking spaces. All remaining parking area in the Common Area other than Lessee's exclusive parking area shall be Quasi Common Area for the remaining tenants of the Building to be used as an exclusive parking area.
(4) The Common Area shall be maintained and remain under Lessor's sole operation the expenditures for such maintenance shall be at the reasonable discretion of Landlord. The cost of such repair, maintenance, operation, insurance and controlmanagement, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and Lessor lighting, shall adequately maintain and repair the same utilizing the funds described hereafter. As used in this Lease, the term "common area costs" shall mean the total of all items of expense relating to operating, managing, equipping, policing and protecting (if Lessor so elects), repainting, repairing, replacing, and maintaining the be a Common Area in the same condition as when originally installed (normal wear Charge and tear excepted, and excluding items Tenant shall pay to Landlord its share of a capital nature such as the replacement or repair of utility lines, or the replacement of the parking lot), and the cost of painting the readily visible portions of the exterior walls of the Building (exclusive of structural repairs and/or refurbishments). Such common area costs shall also include, removal of rubbish, dirt, and debris not generated by a tenant pursuant to the use of its lease space (Lessor will not place trash receptacles on the Property for the use of the tenants and each tenant, including, Lessee, will be responsible for engaging the services of a waste disposal company to provide a trash receptacle and to remove the contents of the trash receptacle on a regular schedule); costs of planting, replanting, and replacing flowers and landscaping, and supplies required therefor; costs of painting any of the foregoing items and striping the parking lot; all costs of utilities used in connection the maintenance of the Common Area; all costs of maintaining speed ramps (if any), lighting facilities which are not separately metered to Tenant, and storm drainage systems; all premiums for liability and property damage insurance as provided herein; ad valorem taxes on the Property and Building as provided herein; and management fees not to exceed two percent (2%) of the Base Rentin Paragraph 12 below.
Appears in 1 contract
Sources: Lease Agreement (Cybersource Corp)
Common Area. (1) Lessor 23.1 In accordance with the obligations of Landlord and Tenant specified in Article 8 herein, and subject to reimbursement as further outlined below, Landlord shall substantially complete the Common Area prior maintain in good working order and make any necessary repairs and maintenance to the landscaping, parking, walkway, driveway, and trash enclosure (and the containers therein) areas of the Center; all parking lot drains, area drains, roof downspouts and gutters; the building exterior, and any exterior lighting and lighting in and around the Center that may be used in common by Tenant with other tenants, shall be repaired, maintained in good working order, or replaced by Landlord, and the costs shall be allocated as Common Expenses ( the “Common Expenses”),. Tenant shall pay its Pro Rata Share of such Common Expenses, except that Tenant shall not be responsible for paying its Pro Rata Share, or otherwise reimbursing Landlord, for expenses relating to the repair, maintenance, or replacement of any windows or exterior doors already damaged, in disrepair, or not in good working order as of the Rent Commencement Date. Lessor Landlord shall invoice Tenant for the share of such Common Expenses that are Tenant’s Pro Rata Share on a monthly, quarterly or annual basis, at Landlord’s option. Such invoice shall show in reasonable detail the Common Expenses and Tenant shall reimburse Landlord for such Common Expenses within thirty (30) days of Tenant’s receipt of the invoicing from Landlord.
23.2 The landscaping, parking, walkway, driveway, and trash enclosure (and the containers therein) areas of the Center; all parking lot drains, area drains, roof downspouts and gutters; the building exterior (paint, doors, glass, and the like);and any exterior lighting and lighting in and around the Center that may be used in common by Tenant with other tenants, shall be repaired, maintained in good working order, or replaced by Landlord, and the costs shall be allocated as Common Expenses ( the “Common Expenses”), provided that Landlord is expressly not responsible for clean-up of trash in or about the landscape areas. Tenant shall pay its Pro Rata Share of such Common Expenses, except that Tenant shall not materially change be responsible for paying its Pro Rata Share, or alter otherwise reimbursing Landlord, for expenses relating to the dimensions and location repair, maintenance, or replacement of any windows or exterior doors already damaged, in disrepair, or not in good working order as of the Rent Commencement Date. Landlord shall invoice Tenant for the share of such Common Area without Expenses that are Tenant’s Pro Rata Share on a monthly, quarterly or annual basis, at Landlord’s option. Such invoice shall show in reasonable detail the prior written consent Common Expenses and Tenant shall reimburse Landlord for such Common Expenses within thirty (30) days of LesseeTenant’s receipt of the invoicing from Landlord. No public telephonesTenant shall notify the Landlord of the need for such maintenance, newspaper machinesbefore declaring Landlord in breach of this Lease for any failure to so maintain, vending machinesand immaterial cosmetic, signage, kiosks, outdoor selling areas (whether seasonal or permanent) or other obstruction minor maintenance issues, shall be permitted on not give rise to a breach thereof, provided Landlord addresses the Common Area, except as may be otherwise expressly set forth same in this Leasea commercially reasonable time (typically resolved within 30 days). Lessor Landlord reserves the right to designate certain parts dispute that it is in breach of the Common Area as Quasi Common Area this Lease for the use of specific tenants such as designated parking areas.
(2) Lesseean alleged failure to repair, and its employees, customers, subtenants, licensees and concessionaires shall have the nonexclusive right to use the Common Area, such use to be in common with Lessor, other tenants of the Building, and other persons entitled to use the same by virtue of Lessor's express permission, and subject to such reasonable rules and regulations governing use as Lessor may, from time to time, prescribe. Lessee shall not solicit business or display merchandise within the Common Areamaintain, or distribute handbills therein, or take any action which would interfere with the rights of other persons to use the Common Area. Lessor shall require similar agreements and standards from any other tenant in the Building. Lessor may temporarily close any part of the Common Area for such periods of time as may be reasonably necessary to make repairs or alterations to the Common Area or the Building; provided that such closure shall not adversely affect, reduce or restrict Lessee's parking or access to the Buildingreplace.
(3) As part of the Site Plan approval process, Lessor and Lessee shall agree to specific exclusive designated areas in which automobiles owned by Lessee, its employees, subtenants, licensees and concessionaires shall be parked, and Lessee shall use reasonable efforts to see that such automobiles are parked in such areas. Upon request, Lessee shall furnish to Lessor a complete list of the license numbers of all automobiles operated by Lessee, its employees, and subtenants. Lessor hereby designates the parking spaces marked on the Site Plan as "Lessee Exclusive Parking Area" as Quasi Common Area in favor of Lessee, and Lessee, its employees, subtenants, licensees and concessionaires shall have the exclusive right to use such designated parking spaces. All remaining parking area in the Common Area other than Lessee's exclusive parking area shall be Quasi Common Area for the remaining tenants of the Building to be used as an exclusive parking area.
(4) The Common Area shall be and remain under Lessor's sole operation and control, and Lessor shall adequately maintain and repair the same utilizing the funds described hereafter. As used in this Lease, the term "common area costs" shall mean the total of all items of expense relating to operating, managing, equipping, policing and protecting (if Lessor so elects), repainting, repairing, replacing, and maintaining the Common Area in the same condition as when originally installed (normal wear and tear excepted, and excluding items of a capital nature such as the replacement or repair of utility lines, or the replacement of the parking lot), and the cost of painting the readily visible portions of the exterior walls of the Building (exclusive of structural repairs and/or refurbishments). Such common area costs shall also include, removal of rubbish, dirt, and debris not generated by a tenant pursuant to the use of its lease space (Lessor will not place trash receptacles on the Property for the use of the tenants and each tenant, including, Lessee, will be responsible for engaging the services of a waste disposal company to provide a trash receptacle and to remove the contents of the trash receptacle on a regular schedule); costs of planting, replanting, and replacing flowers and landscaping, and supplies required therefor; costs of painting any of the foregoing items and striping the parking lot; all costs of utilities used in connection the maintenance of the Common Area; all costs of maintaining speed ramps (if any), lighting facilities which are not separately metered to Tenant, and storm drainage systems; all premiums for liability and property damage insurance as provided herein; ad valorem taxes on the Property and Building as provided herein; and management fees not to exceed two percent (2%) of the Base Rent.
Appears in 1 contract
Sources: Commercial Lease Agreement
Common Area. (1a) Lessor shall substantially complete the Common Area prior Landlord hereby grants to the Commencement Date. Lessor shall not materially change or alter the dimensions and location of the Common Area without the prior written consent of Lessee. No public telephones, newspaper machines, vending machines, signage, kiosks, outdoor selling areas (whether seasonal or permanent) or other obstruction shall be permitted on the Common Area, except as may be otherwise expressly set forth in this Lease. Lessor reserves the right to designate certain parts of the Common Area as Quasi Common Area Tenant for the use term of specific tenants such as designated parking areas.
this Lease (2including all extensions and renewals thereof) Lessee, the non-exclusive easement and its employees, customers, subtenants, licensees and concessionaires shall have the nonexclusive right to use the Common Area, such use to be Areas in common with Lessor, Landlord and the other tenants of the Property for parking, ingress and egress, loading and unloading and other Common Area purposes. Landlord expressly reserves the right, however, to designate any areas located on the western half of the Property as cross-hatched on Exhibit "A-2") for the exclusive use of any other tenant. Landlord shall be responsible for the operation, maintenance and management of the Common Area and the facilities located therein, the manner of maintenance and the expenditures therefor to be in the discretion of Landlord, but shall in all events keep the Common Areas in good condition and repair so as not to materially interfere with Tenant's use and occupancy of the Premises for its Permitted Use. In this regard, Landlord shall perform or have performed the paving (including striping and bumpers), landscape maintenance, landscape replacement, exterior painting, maintenance of exterior lighting fixtures, maintenance of tenant directories and the maintenance of the irrigation systems and common sewerage line plumbing.
(b) Tenant shall be liable to Landlord for Tenant's Share of all the costs and expenses relating to the maintenance and operation of the Common Area, including but not limited to, the cost for mowing of grass; care of shrubs; landscape replacement; general landscaping; maintenance of parking areas, parking lot improvements, driveways and alleys; exterior repainting, maintenance of the exterior lighting fixtures; maintenance of tenant directories; the maintenance of the irrigation systems and common sewerage line plumbing; the cost of insurance and any fee incurred by Landlord incidental to the management of the Premises (herein, the "Management Fee"). Landlord agrees that Tenant's Share of the Management Fee shall not exceed $12,600.00 per year, commencing with calendar year 1997, and Tenant's Share of the Management Fee shall not be increased by more than three percent (3%) for each calendar year thereafter over the Tenant's Share of the Management Fee for the previous calendar year. Additionally included within the costs and expenses relating to the operation and maintenance of the Common Area are any costs incurred in complying with or removing or curing any violation of all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state, municipal and other governmental bodies having jurisdiction over the Property or any portion thereof. Following calendar year 1997, Tenant's Share of "controllable Common Area expenses" shall not be increased by more than five percent (5%) over Tenant's Share of "controllable Common Area expenses" for the previous calendar year. For the purposes hereof, the term "controllable Common Area expenses" shall be limited to those expenses relating to the Common Area which are within the direct control and discretion of Landlord, but shall not include, without limitation, utility charges, insurance premiums, the cost of effecting compliance with any applicable laws and the Management Fee. If Tenant is identified as being responsible for any damage to the Common Area or any facilities located therein (including, without limitation obstructions or stoppage of the common sanitary sewerage line), then Tenant shall pay the entire cost of repairing same upon demand by Landlord. Tenant's Share of all Common Area costs and expenses shall be payable by Tenant to Landlord within ten (10) days after a statement of actual expenses is presented to Tenant, and shall be subject to periodic estimated payments as provided in Section 4.2 hereof. Common Area costs and expenses to be shared by Tenant shall not include (i) expenses incurred in leasing space, such as legal expense, brokerage commissions or advertising or promotional expenses, (ii) interest and amortization under mortgages or any other secured or unsecured loan payable by Landlord, (iii) expenses separately reimbursed by any other tenants of the Property other than pursuant to the proportionate Common Area costs and expenses provisions in their respective leases, (iv) financing and refinancing costs, including fees paid by Landlord to obtain financing or refinancing such as origination fees and brokerage commissions, (v) non-cash depreciation, (vi) costs incurred in connection with the enforcement of leases, including attorneys' fees or other costs and expenses incurred in connection with summary proceedings to dispossess any other tenant, (vii) costs for repaving and restriping of the entirety of the parking area to the extent such costs exceed the reasonable costs for such paving and striping, but Common Area costs and expenses may include repaving and restriping performed not more often than once every ten (10) years for paving and more often than once every four (4) years for striping, and shall also include any patching or repairs of paved areas, (viii) any expenses associated with any special requirements of a particular tenant in connection with the Common Areas or the maintenance thereof and (ix) any insurance premium increase caused by the use of its premises by Landlord or any tenant other than Tenant or any such increase in premium attributable to vacant space.
(c) Landlord shall have the right to coordinate any repairs and other maintenance of any rail tracks serving or to serve the Building, and if Tenant uses such rail tracks, Tenant shall reimburse Landlord from time to time upon demand, as Additional Rent, for a share of the costs of such repairs and maintenance and any other persons entitled sums specified in any agreement to use which Landlord is a party respecting such tracks, such share to be a fraction, the same by virtue numerator of Lessor's express permissionwhich is the space contained in the Premises, and subject to the denominator of which is the entire space occupied by rail users in the Building.
(d) Landlord or such reasonable rules other person as Landlord may appoint shall have the exclusive control and regulations governing use as Lessor maymanagement of the Common Area and shall have the right, from time to time, prescribeto establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Lessee Tenant agrees to abide by and conform to all such rules and regulations and to cause its employees, suppliers, shippers, customers and invitees to so abide and conform. Landlord shall not solicit business be responsible to Tenant for the non-compliance with said rules and regulations by any other tenants within the Building. Notwithstanding anything herein to the contrary, no rule or display merchandise regulation not contained herein or attached as an exhibit hereto shall be binding upon Tenant unless same is reasonable in nature, does not unreasonably interfere with Tenant's use of the Premises for the Permitted Use, is applicable to all other tenants and occupants of the Property and is administered by Landlord in a reasonable manner for the beneficial operation of the Property by all tenants thereof.
(e) Under no circumstances shall the Tenant have the right to store any property, temporarily or permanently, within the Common Area, or distribute handbills therein, or take any action which would interfere . Any such storage shall be permitted only with the prior written consent by Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur, then Landlord shall have the right, with the notice provided for in subparagraph (b) of Article XX (or earlier in the case of emergencies or to mitigate Landlord's damages), in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be immediately payable within ten (10) days after invoice therefor by Landlord. Landlord acknowledges that trucks will be loading and unloading Tenant's inventories in the loading areas adjacent to the Premises and that same may be parked only on that portion of other persons the Common Areas along the east side of the Building.
(f) Landlord shall have the right, at Landlord's sole discretion and from time to use time to (i) make changes to the Common Area. Lessor shall require similar agreements and standards from any other tenant , including, without limitation, changes in the Building. Lessor may location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (ii) close temporarily close any part portion of the Common Area for such periods of time maintenance purposes so long as may be reasonably necessary to make repairs or alterations to the Common Area or the Building; provided that such closure shall not adversely affect, reduce or restrict Lessee's parking or reasonable access to the Building.
Premises remains available; (3iii) As part designate other land outside the boundaries of the Site Plan approval process, Lessor and Lessee shall agree to specific exclusive designated areas in which automobiles owned by Lessee, its employees, subtenants, licensees and concessionaires shall be parked, and Lessee shall use reasonable efforts to see that such automobiles are parked in such areas. Upon request, Lessee shall furnish to Lessor a complete list of the license numbers of all automobiles operated by Lessee, its employees, and subtenants. Lessor hereby designates the parking spaces marked on the Site Plan as "Lessee Exclusive Parking Area" as Quasi Common Area in favor of Lessee, and Lessee, its employees, subtenants, licensees and concessionaires shall have the exclusive right to use such designated parking spaces. All remaining parking area in the Common Area other than Lessee's exclusive parking area shall be Quasi Common Area for the remaining tenants of the Building Property to be used as an exclusive parking area.
(4) The Common Area shall be and remain under Lessor's sole operation and control, and Lessor shall adequately maintain and repair the same utilizing the funds described hereafter. As used in this Lease, the term "common area costs" shall mean the total of all items of expense relating to operating, managing, equipping, policing and protecting (if Lessor so elects), repainting, repairing, replacing, and maintaining the Common Area in the same condition as when originally installed (normal wear and tear excepted, and excluding items of a capital nature such as the replacement or repair of utility lines, or the replacement of the parking lot), and the cost of painting the readily visible portions of the exterior walls of the Building (exclusive of structural repairs and/or refurbishments). Such common area costs shall also include, removal of rubbish, dirt, and debris not generated by a tenant pursuant to the use of its lease space (Lessor will not place trash receptacles on the Property for the use of the tenants and each tenant, including, Lessee, will be responsible for engaging the services of a waste disposal company to provide a trash receptacle and to remove the contents of the trash receptacle on a regular schedule); costs of planting, replanting, and replacing flowers and landscaping, and supplies required therefor; costs of painting any of the foregoing items and striping the parking lot; all costs of utilities used in connection the maintenance part of the Common Area; all costs of maintaining speed ramps (if any)iv) add additional buildings and improvements to the Common Area; (v) use the Common Area while engaged in making additional improvements or alterations to the Building, lighting facilities which are not separately metered the Property, or any portions thereof; and (vi) do and perform such other acts and make such other changes in, to Tenant, or with respect to the Common Area and storm drainage systems; all premiums for liability and property damage insurance as provided herein; ad valorem taxes on the Property as Landlord may, in its discretion, deem to be appropriate, as long as none of the foregoing materially and Building unreasonably interferes with Tenant's use of the Premises or Common Areas as provided herein; and management fees to parking, access or loading, unloading or shipping articles contained in the Premises. Additionally, no material change to the Common Areas shall be made that would materially adversely affect Tenant without Tenant's prior written consent, such consent not to exceed two percent be unreasonably withheld or delayed and which consent shall be deemed granted unless expressly denied in writing within five (2%5) of the Base Rentbusiness days following Landlord's request therefor.
Appears in 1 contract
Common Area. (1a) Lessor shall substantially complete the Common Area prior Landlord hereby grants to the Commencement Date. Lessor shall not materially change or alter the dimensions and location of the Common Area without the prior written consent of Lessee. No public telephones, newspaper machines, vending machines, signage, kiosks, outdoor selling areas (whether seasonal or permanent) or other obstruction shall be permitted on the Common Area, except as may be otherwise expressly set forth in this Lease. Lessor reserves the right to designate certain parts of the Common Area as Quasi Common Area Tenant for the use term of specific tenants such as designated parking areas.
this Lease (2including all extensions and renewals thereof) Lessee, the non-exclusive easement and its employees, customers, subtenants, licensees and concessionaires shall have the nonexclusive right to use the Common Area, such use to be Areas in common with Lessor, Landlord and the other tenants of the BuildingProperty for parking, ingress and egress, loading and unloading and other Common Area purposes. Landlord shall be responsible for the operation, maintenance and management of the Common Area and the facilities located therein, the manner of maintenance and the expenditures therefor to be in the discretion of Landlord, but shall in all events keep the Common Areas in good condition and repair so as not to materially interfere with Tenant's use and occupancy of the Premises for its Permitted Use. In this regard, Landlord shall perform or have performed the paving (including striping and bumpers), landscape maintenance, landscape replacement, exterior painting, maintenance of exterior lighting fixtures, maintenance of tenant directories and the maintenance of the irrigation systems and common sewerage line plumbing.
(b) Tenant shall be liable to Landlord for Tenant's Share of all the costs and expenses relating to the maintenance and operation of the Common Area, including but not limited to, the cost for mowing of grass; care of shrubs; landscape replacement; general landscaping; maintenance of parking areas, parking lot improvements, driveways and alleys; exterior repainting, maintenance of the exterior lighting fixtures; maintenance of tenant directories; the maintenance of the irrigation systems and common sewerage line plumbing; the cost of insurance and a management fee (the "Management Fee") equal to one and one-half percent (1.5%) of the Basic Rental under this Lease. Additionally included within the costs and expenses relating to the operation and maintenance of the Common Area are any costs incurred in complying with or removing or curing any violation of all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state, municipal and other governmental bodies having jurisdiction over the Property or any portion thereof. Following calendar year 2003, Tenant's Share of "controllable Common Area expenses" shall not be increased by more than five percent (5%) over Tenant's Share of "controllable Common Area expenses" for the previous calendar year. For the purposes hereof, the term "controllable Common Area expenses" shall be limited to those expenses relating to the Common Area which are within the direct control and discretion of Landlord, but shall not include, without limitation, utility charges, insurance premiums, Impositions, the cost of effecting compliance with any applicable laws and the Management Fee. If Tenant is identified as being responsible for any damage to the Common Area or any facilities located therein (including, without limitation obstructions or stoppage of the common sanitary sewerage line), then Tenant shall pay the entire cost of repairing same upon demand by Landlord. Tenant's Share of all Common Area costs and expenses shall be payable by Tenant to Landlord within ten (10) days after a statement of actual expenses is presented to Tenant, and shall be subject to periodic estimated payments as provided in Section 4.2 hereof. Common Area costs and expenses to be shared by Tenant shall not include (i) expenses incurred in leasing space, such as legal expense, brokerage commissions or advertising or promotional expenses, (ii) interest and amortization under mortgages or any other persons entitled secured or unsecured loan payable by Landlord, (iii) expenses separately reimbursed by any other tenants of the Property other than pursuant to use the same proportionate Common Area costs and expenses provisions in their respective leases, (iv) financing and refinancing costs, including fees paid by virtue Landlord to obtain financing or refinancing such as origination fees and brokerage commissions, (v) non-cash depreciation, (vi) costs incurred in connection with the enforcement of Lessor's express permissionleases, including attorneys' fees or other costs and expenses incurred in connection with summary proceedings to dispossess any other tenant, (vii) costs for repaying and restriping of the entirety of the parking area to the extent such costs exceed the reasonable costs for such paving and striping, but Common Area costs and expenses may include repaving and restriping performed not more often than once every ten (10) years for paving and more often than once every four (4) years for striping, and subject shall also include any patching or repairs of paved areas, (viii) any expenses associated with any special requirements of a particular tenant in connection with the Common Areas or the maintenance thereof, (ix) any insurance premium increase caused by the use of its premises by Landlord or any tenant other man Tenant or any such increase in premium attributable to vacant space and (x) costs incurred by Landlord to modify and/or expand the Common Area in connection with the construction of the Adjacent Building.
(c) Landlord or such reasonable rules other person as Landlord may appoint shall have the exclusive control and regulations governing use as Lessor maymanagement of the Common Area and shall have the right, from time to time, prescribeto establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Lessee Tenant agrees to abide by and conform to all such rules and regulations and to cause its employees, suppliers, shippers, customers and invitees to so abide and conform. Landlord shall not solicit business be responsible to Tenant for the non-compliance with said rules and regulations by any other tenants within the Building. Notwithstanding anything herein to the contrary, no rule or display merchandise regulation not contained herein or attached as an exhibit hereto shall be binding upon Tenant unless same is reasonable in nature, does not unreasonably interfere with Tenant's use of the Premises for the Permitted Use, is applicable to all other tenants and occupants of the Property and is administered by Landlord in a reasonable manner for the beneficial operation of the Property by all tenants thereof.
(d) Under no circumstances shall the Tenant have the right to store any property, temporarily or permanently, within the Common Area, or distribute handbills therein, or take any action which would interfere . Any such storage shall be permitted only with the rights prior written consent by Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur, then Landlord shall have the right, with the notice provided for in subparagraph (b) of other persons to use the Common Area. Lessor shall require similar agreements and standards from any other tenant Article XX (or earlier in the Buildingcase of emergencies or to mitigate Landlord's damages), in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be immediately payable within ten (10) days after invoice therefor by Landlord. Lessor Landlord acknowledges that trucks will be loading and unloading Tenant*s inventories in the loading areas adjacent to the Premises and that same may temporarily close any part be parked only on that portion of the Common Area for such periods of time as may be reasonably necessary to make repairs or alterations to Areas along the Common Area or the Building; provided that such closure shall not adversely affect, reduce or restrict Lessee's parking or access to the Building.
(3) As part west side of the Site Plan approval process, Lessor and Lessee shall agree to specific exclusive Building designated areas in which automobiles owned by Lessee, its employees, subtenants, licensees and concessionaires shall be parked, and Lessee shall use reasonable efforts to see that such automobiles are parked in such areas. Upon request, Lessee shall furnish to Lessor a complete list of the license numbers of all automobiles operated by Lessee, its employees, and subtenants. Lessor hereby designates the parking spaces marked on the Site Plan as "Lessee Exclusive Trailer Parking Area" as Quasi Common Area in favor of Lessee, and Lessee, its employees, subtenants, licensees and concessionaires shall have the exclusive right to use such designated parking spaces. All remaining parking area in the Common Area other than Lessee's exclusive parking area shall be Quasi Common Area for the remaining tenants of the Building to be used as an exclusive parking areaon Exhibit "A-l".
(4) The Common Area shall be and remain under Lessor's sole operation and control, and Lessor shall adequately maintain and repair the same utilizing the funds described hereafter. As used in this Lease, the term "common area costs" shall mean the total of all items of expense relating to operating, managing, equipping, policing and protecting (if Lessor so elects), repainting, repairing, replacing, and maintaining the Common Area in the same condition as when originally installed (normal wear and tear excepted, and excluding items of a capital nature such as the replacement or repair of utility lines, or the replacement of the parking lot), and the cost of painting the readily visible portions of the exterior walls of the Building (exclusive of structural repairs and/or refurbishments). Such common area costs shall also include, removal of rubbish, dirt, and debris not generated by a tenant pursuant to the use of its lease space (Lessor will not place trash receptacles on the Property for the use of the tenants and each tenant, including, Lessee, will be responsible for engaging the services of a waste disposal company to provide a trash receptacle and to remove the contents of the trash receptacle on a regular schedule); costs of planting, replanting, and replacing flowers and landscaping, and supplies required therefor; costs of painting any of the foregoing items and striping the parking lot; all costs of utilities used in connection the maintenance of the Common Area; all costs of maintaining speed ramps (if any), lighting facilities which are not separately metered to Tenant, and storm drainage systems; all premiums for liability and property damage insurance as provided herein; ad valorem taxes on the Property and Building as provided herein; and management fees not to exceed two percent (2%) of the Base Rent.
Appears in 1 contract
Common Area. (1) Lessor shall substantially complete Where the Common Area prior Building has a common entrance or meeting room, the LESSEE may use these facilities at no cost on a first-come, first-serve basis by contacting the LESSOR and reserving the room in advance. Abusing the privilege of the rooms may result in the loss of said use.
32.1 NOTICE TO OWNERS, BUYERS, AND TENANTS REGARDING HAZARDOUS WASTES OR SUBSTANCES UNDERGROUND STORAGE TANKS Comprehensive Federal and State laws and regulations have been enacted in the last few years in an effort to develop controls over the use, storage, handling, cleanup, removal and disposal of hazardous wastes or substances. Some of these laws and regulations, such as, for example, the so-called "Superfund Act", provide for broad liability schemes wherein an owner, tenant or other user of the property may be liable for cleanup costs and damages regardless of fault. Other laws and regulations set standards for the handling of asbestos or establish requirements for the use, modification, abandonment or closing of underground storage tanks. It is not practical or possible to list all such laws and regulations in this LEASE. Therefore, owners, buyers and tenants are urged to consult legal counsel to determine their respective rights and liabilities with respect to the Commencement Date. Lessor shall not materially change or alter the dimensions and location issues described in this notice as well as all other aspects of the Common Area without the prior written consent proposed transaction. If hazardous wastes or substances have been, or are going to be used, stored, handled or disposed of Lessee. No public telephones, newspaper machines, vending machines, signage, kiosks, outdoor selling areas (whether seasonal or permanent) or other obstruction shall be permitted on the Common Areaproperty, or if the property has or may have underground storage tanks, it is essential that legal and technical advice be obtained to determine, among other things, what permits and approvals have been or may be required, if any, the estimated costs and expenses associated with the use, storage, handling, cleanup, removal or disposal of the hazardous wastes or substances and what contractual provisions and protections are necessary or desirable. It may also be important to obtain expert assistance for site investigations as to the likelihood of hazardous wastes or substances, or underground storage tanks being on the property. Although LESSOR will disclose any knowledge it actually possesses with respect to the existence of hazardous wastes or substances, or underground storage tanks on the property, LESSOR has not made investigations or obtained reports regarding the subject matter of this notice, except as may be otherwise expressly set forth described in this Leasea separate written document signed by LESSOR. Lessor reserves LESSOR makes no representations regarding the right to designate certain parts existence or nonexistence of hazardous wastes or substances, or underground storage tanks on the Common Area as Quasi Common Area for the use of specific tenants property. You should contact a professional, such as designated parking areas.
(2) Lesseea civil engineer, and its employeesgeologist, customers, subtenants, licensees and concessionaires shall have the nonexclusive right to use the Common Area, such use to be in common with Lessor, other tenants of the Building, and industrial hygienist or other persons entitled with experience in these matters to use advise you concerning the same by virtue of Lessor's express permission, and subject to such reasonable rules and regulations governing use as Lessor may, from time to time, prescribeproperty. Lessee shall not solicit business The term "hazardous wastes or display merchandise within the Common Area, or distribute handbills therein, or take any action which would interfere with the rights of other persons to use the Common Area. Lessor shall require similar agreements and standards from any other tenant in the Building. Lessor may temporarily close any part of the Common Area for such periods of time as may be reasonably necessary to make repairs or alterations to the Common Area or the Building; provided that such closure shall not adversely affect, reduce or restrict Lessee's parking or access to the Building.
(3) As part of the Site Plan approval process, Lessor and Lessee shall agree to specific exclusive designated areas in which automobiles owned by Lessee, its employees, subtenants, licensees and concessionaires shall be parked, and Lessee shall use reasonable efforts to see that such automobiles are parked in such areas. Upon request, Lessee shall furnish to Lessor a complete list of the license numbers of all automobiles operated by Lessee, its employees, and subtenants. Lessor hereby designates the parking spaces marked on the Site Plan as "Lessee Exclusive Parking Areasubstances" as Quasi Common Area in favor of Lessee, and Lessee, its employees, subtenants, licensees and concessionaires shall have the exclusive right to use such designated parking spaces. All remaining parking area in the Common Area other than Lessee's exclusive parking area shall be Quasi Common Area for the remaining tenants of the Building to be used as an exclusive parking area.
(4) The Common Area shall be and remain under Lessor's sole operation and control, and Lessor shall adequately maintain and repair the same utilizing the funds described hereafter. As is used in this Leasenotice in its very broadest sense and includes, the term "common area costs" shall mean the total but is not limited to petroleum base products, paints and solvents, lead cyanide, DOT, printing inks, acids, pesticides, ammonium compounds, asbestos, PCBs and other chemical products. Hazardous wastes or substances and underground storage tanks may be present on all types of all items real property. This notice is therefore meant to apply to any transaction involving any type of expense relating to operatingreal property, managing, equipping, policing and protecting (if Lessor so elects), repainting, repairing, replacing, and maintaining the Common Area in the same condition as when originally installed (normal wear and tear excepted, and excluding items of a capital nature such as the replacement whether improved or repair of utility lines, or the replacement of the parking lot), and the cost of painting the readily visible portions of the exterior walls of the Building (exclusive of structural repairs and/or refurbishments). Such common area costs shall also include, removal of rubbish, dirt, and debris not generated by a tenant pursuant to the use of its lease space (Lessor will not place trash receptacles on the Property for the use of the tenants and each tenant, including, Lessee, will be responsible for engaging the services of a waste disposal company to provide a trash receptacle and to remove the contents of the trash receptacle on a regular schedule); costs of planting, replanting, and replacing flowers and landscaping, and supplies required therefor; costs of painting any of the foregoing items and striping the parking lot; all costs of utilities used in connection the maintenance of the Common Area; all costs of maintaining speed ramps (if any), lighting facilities which are not separately metered to Tenant, and storm drainage systems; all premiums for liability and property damage insurance as provided herein; ad valorem taxes on the Property and Building as provided herein; and management fees not to exceed two percent (2%) of the Base Rentunimproved.
Appears in 1 contract
Sources: Office Lease (New Visual Corp)
Common Area. (1) Lessor For each full or partial calendar year during the lease Term, Tenant shall substantially complete the Common Area prior pay to the Commencement Date. Lessor shall not materially change or alter the dimensions and location Landlord as Additional Rent "Tenant's Proportionate Share" of the Common Area without Expenses (Tenant's proportionate share will be 100%. For the prior written consent purposes of Lessee. No public telephonesthis section, newspaper machines, vending machines, signage, kiosks, outdoor selling areas (whether seasonal or permanent) or other obstruction Common Area Expenses shall be permitted on the Common Area, except defined as may be otherwise expressly set forth in this Lease. Lessor reserves the right to designate certain parts of the Common Area as Quasi Common Area for the use of specific tenants such as designated parking areas.
(2) Lessee, and its employees, customers, subtenants, licensees and concessionaires shall have the nonexclusive right to use the Common Area, such use to be in common with Lessor, other tenants of the Building, and other persons entitled to use the same by virtue of Lessor's express permission, and subject to such reasonable rules and regulations governing use as Lessor may, from time to time, prescribe. Lessee shall not solicit business or display merchandise within the Common Area, or distribute handbills therein, or take any action which would interfere with the rights of other persons to use the Common Area. Lessor shall require similar agreements and standards from any other tenant in the Building. Lessor may temporarily close any part of the Common Area for such periods of time as may be reasonably necessary to make repairs or alterations to the Common Area or the Building; provided that such closure shall not adversely affect, reduce or restrict Lessee's parking or access to the Building.
(3) As part of the Site Plan approval process, Lessor and Lessee shall agree to specific exclusive designated areas in which automobiles owned by Lessee, its employees, subtenants, licensees and concessionaires shall be parked, and Lessee shall use reasonable efforts to see that such automobiles are parked in such areas. Upon request, Lessee shall furnish to Lessor a complete list of the license numbers of all automobiles operated by Lessee, its employees, and subtenants. Lessor hereby designates the parking spaces marked on the Site Plan as "Lessee Exclusive Parking Area" as Quasi Common Area in favor of Lessee, and Lessee, its employees, subtenants, licensees and concessionaires shall have the exclusive right to use such designated parking spaces. All remaining parking area in the Common Area other than Lessee's exclusive parking area shall be Quasi Common Area for the remaining tenants of the Building to be used as an exclusive parking area.
(4) The Common Area shall be and remain under Lessor's sole operation and control, and Lessor shall adequately maintain and repair the same utilizing the funds described hereafter. As used in this Lease, the term "common area costs" shall mean the total of all items of expense relating to operating, managing, equipping, policing and protecting (if Lessor so elects), repainting, repairing, replacing, and maintaining the Common Area in the same condition as when originally installed (normal wear and tear excepted, and excluding items of a capital nature such as the replacement or repair of utility lines, or the replacement of the parking lot), and the cost of painting the readily visible portions of the exterior walls of the Building (exclusive of structural repairs and/or refurbishments). Such common area costs shall also include, removal of rubbish, dirt, and debris not generated by a tenant pursuant to the use of its lease space (Lessor will not place trash receptacles on the Property for the use of the tenants and each tenant, including, Lessee, will be responsible for engaging the services of a waste disposal company to provide a trash receptacle and to remove the contents of the trash receptacle on a regular schedule); costs of planting, replanting, and replacing flowers and landscaping, and supplies required therefor; costs of painting any of the foregoing items and striping the parking lot; all costs of utilities used in connection the maintenance of the Common Area; all costs of maintaining speed ramps (if any), lighting facilities which are not separately metered to Tenant, and storm drainage systems; all premiums for liability and property damage insurance as provided herein; ad valorem taxes on the Property and Building as provided herein; and management fees not to exceed two one hundred percent (2100%) of the Base Renttotal cost and expense incurred by or on behalf of Landlord in each calendar year in operating, maintaining, and repairing (which includes replacements, additions, and alterations) of Common Areas of the building. These include, without limitation, a) the cost of maintaining and repairing, all service pipes, electric, gas and water lines and sewer mains leading to and from the premises, b) all costs incurred in painting, resurfacing, and landscaping; c) all costs for repairs and improvements, line painting and striping, lighting, removal of snow, grass cutting, cleaning of parking areas; d) all costs incurred in maintaining, repairing and replacing the paving, parking areas, curbs, gutters, sidewalks, and steps; e) all costs for repairs and improvements to roof and exterior walls; and f) management fees (management fees shall not exceed those customarily charged by building managers of similarly sized and located industrial parks), overhead (directly attributable to management to this particular building) and reasonable expenses. Landlord shall cap increases on all controllable expenses with the exception of snow removal at five percent (5%) per year cumulative. Exclusions to the above: a) commissions or advertising costs; b) costs of sale, financing, and refinancing; c) legal expenses not specifically for Tenant; d) costs of enforcement of Leases; e) ground rents; f) fines or penalties of any kind or nature, unless directly resulting from a default by Lease; g) costs of any services provided to any Tenant in the project, and not made available to you on the same basis; h) damage and repairs necessitated by the negligence or willful misconduct of the Landlord; i)any amount paid to the Landlord, the management agent or any affiliate of either of them, to the extent in excess of that negotiable on an arm's length basis; j) any expense which under generally accepted accounting principals, should be capitalized, except as specifically permitted.) Not later than March of each year, Landlord shall provide a line-item statement (the "Expense Statement") of the costs and expenses actually paid by Landlord to operate and maintain the Property during the immediately preceding calendar year and Tenant's pro rata share thereof . Within 60 days after Tenant's receipt of any Expense Statement, Tenant may notify Landlord that it desires to audit such Expense Statement (the "Audit Notice"). Such audit shall be conducted at Tenant's sole cost and expense within a reasonable time after delivery to Landlord of the Audit Notice. If such audit discloses an error, Landlord shall credit against the next installment(s) of Basic Monthly Rent due and payable, any overpayment by Tenant, or Tenant shall pay to Landlord, with the next installment of Basic Monthly Rent due and payable, any deficiency, as the case may be; provided, however, that if an overpayment by Tenant occurs with respect to the last Lease Year, the overpayment (and hereinafter described audit reimbursement, if applicable) shall be refunded to tenant within 30 days after same is determined (and this obligation shall survive termination of the Lease) and , provided further, that if such audit discloses an error which varies by more than ten percent from Landlord's calculation, Landlord shall reimburse Tenant for its reasonable costs incurred in conducting the audit. MUNICIPAL REGULATING
5. To observe, comply with and execute at its expense, all laws, orders, rules, requirements, and regulations of the United States, State, City or County of the said State, in which the lease premises are located, and of any and all governmental authorities or agencies and of any board of fire underwriters or other similar organization, respecting the premises hereby leased and the manner in which said premises are or should be used by the Tenant. Tenant shall have the right to, in good faith, contest its obligation to comply with any law, rule, order, ordinance or regulation of any municipality, county, state or federal government, or of any department or bureau of any of them, or of any other governmental authority having jurisdiction over the Premises and /or the Property, by appropriate legal proceedings, and Tenant may postpone compliance with such law, rule, order, ordinance or regulation so long as such postponement does not subject Landlord, Tenant, the Property or the Premises to the imposition of any penalty, fine, charge, interest, cost or the like, or to civil or criminal prosecution, or expose Landlord or Tenant to a claim of negligence or willful misconduct because of such non-compliance, or cause the Premises or any other portion of the Property to be condemned or vacated, and if such legal proceedings do not operate to postpone enforcement of the law, rule, order, ordinance or regulation in question, Tenant shall take whatever steps are necessary to comply with such law, rule, order, ordinance or regulation during the pendency of the contest and to prevent the imposition of any penalty, fine, charge, interest, cost or the like against Landlord, Tenant, the property and /or the Premises because of Tenant's failure to comply with the law, rule, order, ordinance or regulation in question during the pendency of such contest; in addition, if required by Landlord, Tenant shall furnish to Landlord a surety company bond, cash deposit or other security reasonably satisfactory to Landlord as security for cost of complying with the law, rule, order, ordinance or regulation in question and /or the payment of any post-contest penalties, fines, charges, interest, costs and the like which may arise or be imposed or assessed against Landlord, Tenant, the Property and /or the Premises because of Tenant's commencement of the contest and /or failure to comply with the requirement in question promptly after the conclusion of such contest; and provided, further, that upon the termination of any such legal proceedings, Tenant shall comply with the determination arising therefrom within the period of time necessary to prevent the imposition of any penalty, fine, charge, interest, cost or the like against Landlord, Tenant, the Property and/or the Premises because of any post-contest non-compliance.
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Common Area. (1a) Lessor shall substantially complete the Common Area prior Landlord hereby grants to the Commencement Date. Lessor shall not materially change or alter the dimensions and location of the Common Area without the prior written consent of Lessee. No public telephones, newspaper machines, vending machines, signage, kiosks, outdoor selling areas (whether seasonal or permanent) or other obstruction shall be permitted on the Common Area, except as may be otherwise expressly set forth in this Lease. Lessor reserves the right to designate certain parts of the Common Area as Quasi Common Area Tenant for the use term of specific tenants such as designated parking areas.
this Lease (2including all extensions and renewals thereof) Lessee, the non-exclusive easement and its employees, customers, subtenants, licensees and concessionaires shall have the nonexclusive right to use the Common Area, such use to be Areas in common with Lessor, Landlord and the other tenants of the BuildingProperty for parking, ingress and egress, loading and unloading and other Common Area purposes. Landlord shall be responsible for the operation, maintenance and management of the Common Area and the facilities located therein, the manner of maintenance and the expenditures therefor to be in the discretion of Landlord, but shall in all events keep the Common Areas in good condition and repair so as not to materially interfere with Tenant's use and occupancy of the Premises for its Permitted Use. In this regard, Landlord shall perform or have performed the paving (including striping and bumpers), landscape maintenance, landscape replacement, exterior painting, maintenance of exterior lighting fixtures, maintenance of tenant directories and the maintenance of the irrigation systems and common sewerage line plumbing.
(b) Tenant shall be liable to Landlord for Tenant's Share of all the costs and expenses relating to the maintenance and operation of the Common Area, including but not limited to, the cost for mowing of grass; care of shrubs; landscape replacement; general landscaping; maintenance of parking areas, parking lot improvements, driveways and alleys; exterior repainting, maintenance of the exterior lighting fixtures; maintenance of tenant directories; the maintenance of the irrigation systems and common sewerage line plumbing; the cost of insurance and a management fee (the "Management Fee ") equal to one and one-half percent (1.5%) of the Basic Rental under this Lease. Additionally included within the costs and expenses relating to the operation and maintenance of the Common Area are any costs incurred hi complying with or removing or curing any violation of all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state, municipal and other governmental bodies having jurisdiction over the Property or any portion thereof. Following calendar year 2003, Tenant's Share of "controllable Common Area expenses " shall not be increased by more than five percent (5%) over Tenant's Share of "controllable Common Area expenses " for the previous calendar year. For the purposes hereof, the term "controllable Common Area expenses " shall be limited to those expenses relating to the Common Area which are within the direct control and discretion of Landlord, but shall not include, without limitation, utility charges, insurance premiums, Impositions, the cost of effecting compliance with any applicable laws and the Management Fee. If Tenant is identified as being responsible for any damage to the Common Area or any facilities located therein (including, without limitation obstructions or stoppage of the common sanitary sewerage line), then Tenant shall pay the entire cost of repairing same upon demand by Landlord. Tenant's Share of all Common Area costs and expenses shall be payable by Tenant to Landlord within ten (10) days after a statement of actual expenses is presented to Tenant, and shall be subject to periodic estimated payments as provided in Section 4.2 hereof. Common Area costs and expenses to be shared by Tenant shall not include (i) expenses incurred in leasing space, such as legal expense, brokerage commissions or advertising or promotional expenses, (ii) interest and amortization under mortgages or any other persons entitled secured or unsecured loan payable by Landlord, (iii) expenses separately reimbursed by any other tenants of the Property other than pursuant to use the same proportionate Common Area costs and expenses provisions in their respective leases, (iv) financing and refinancing costs, including fees paid by virtue Landlord to obtain financing or refinancing such as origination fees and brokerage commissions, (v) non-cash depreciation, (vi) costs incurred in connection with the enforcement of Lessor's express permissionleases, including attorneys' fees or other costs and expenses incurred in connection with summary proceedings to dispossess any other tenant, (vii) costs for repaving and restriping of the entirety of the parking area to the extent such costs exceed the reasonable costs for such paving and striping, but Common Area costs and expenses may include repaving and restriping performed not more often than once every ten (10) years for paving and more often than once every four (4) years for striping, and subject shall also include any patching or repairs of paved areas, (viii) any expenses associated with any special requirements of a particular tenant in connection with the Common Areas or the maintenance thereof, (ix) any insurance premium increase caused by the use of its premises by Landlord or any tenant other than Tenant or any such increase in premium attributable to vacant space and (x) costs incurred by Landlord to modify and/or expand the Common Area in connection with the construction of the Adjacent Building.
(c) Landlord or such reasonable rules other person as Landlord may appoint shall have the exclusive control and regulations governing use as Lessor maymanagement of the Common Area and shall have the right, from time to time, prescribeto establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Lessee Tenant agrees to abide by and conform to all such rules and regulations and to cause its employees, suppliers, shippers, customers and invitees to so abide and conform. Landlord shall not solicit business be responsible to Tenant for the non-compliance with said rules and regulations by any other tenants within the Building. Notwithstanding anything herein to the contrary, no rule or display merchandise regulation not contained herein or attached as an exhibit hereto shall be binding upon Tenant unless same is reasonable in nature, does not unreasonably interfere with Tenant's use of the Premises for the Permitted Use, is applicable to all other tenants and occupants of the Property and is administered by Landlord in a reasonable manner for the beneficial operation of the Property by all tenants thereof.
(d) Under no circumstances shall the Tenant have the right to store any property, temporarily or permanently, within the Common Area, or distribute handbills therein, or take any action which would interfere . Any such storage shall be permitted only with the prior written consent by Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur, then Landlord shall have the right, with the notice provided for in subparagraph (b) of Article XX (or earlier in the case of emergencies or to mitigate Landlord's damages), in addition to such other rights of other persons and remedies that it may have, to use remove the property and charge the cost to Tenant, which cost shall be immediately payable within ten (10) days after invoice therefor by Landlord.
(e) Landlord shall have the right, at Landlord's sole discretion and from time to time to (i) make changes to the Common Area. Lessor shall require similar agreements and standards from any other tenant , including, without limitation, changes in the Building. Lessor may location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (ii) close temporarily close any part portion of the Common Area for such periods of time maintenance purposes so long as may be reasonably necessary to make repairs or alterations to the Common Area or the Building; provided that such closure shall not adversely affect, reduce or restrict Lessee's parking or reasonable access to the Building.
Premises remains available; (3iii) As part designate other land outside the boundaries of the Site Plan approval process, Lessor and Lessee shall agree to specific exclusive designated areas in which automobiles owned by Lessee, its employees, subtenants, licensees and concessionaires shall be parked, and Lessee shall use reasonable efforts to see that such automobiles are parked in such areas. Upon request, Lessee shall furnish to Lessor a complete list of the license numbers of all automobiles operated by Lessee, its employees, and subtenants. Lessor hereby designates the parking spaces marked on the Site Plan as "Lessee Exclusive Parking Area" as Quasi Common Area in favor of Lessee, and Lessee, its employees, subtenants, licensees and concessionaires shall have the exclusive right to use such designated parking spaces. All remaining parking area in the Common Area other than Lessee's exclusive parking area shall be Quasi Common Area for the remaining tenants of the Building Property to be used as an exclusive parking area.
(4) The Common Area shall be and remain under Lessor's sole operation and control, and Lessor shall adequately maintain and repair the same utilizing the funds described hereafter. As used in this Lease, the term "common area costs" shall mean the total of all items of expense relating to operating, managing, equipping, policing and protecting (if Lessor so elects), repainting, repairing, replacing, and maintaining the Common Area in the same condition as when originally installed (normal wear and tear excepted, and excluding items of a capital nature such as the replacement or repair of utility lines, or the replacement of the parking lot), and the cost of painting the readily visible portions of the exterior walls of the Building (exclusive of structural repairs and/or refurbishments). Such common area costs shall also include, removal of rubbish, dirt, and debris not generated by a tenant pursuant to the use of its lease space (Lessor will not place trash receptacles on the Property for the use of the tenants and each tenant, including, Lessee, will be responsible for engaging the services of a waste disposal company to provide a trash receptacle and to remove the contents of the trash receptacle on a regular schedule); costs of planting, replanting, and replacing flowers and landscaping, and supplies required therefor; costs of painting any of the foregoing items and striping the parking lot; all costs of utilities used in connection the maintenance part of the Common Area; all costs of maintaining speed ramps (if any)iv) add additional buildings and improvements to the Common Area; (v) use the Common Area while engaged in making additional improvements or alterations to the Building, lighting facilities which are not separately metered the Property, or any portions thereof; and (vi) do and perform such other acts and make such other changes in, to Tenant, or with respect to the Common Area and storm drainage systems; all premiums for liability and property damage insurance as provided herein; ad valorem taxes on the Property as Landlord may, in its discretion, deem to be appropriate, as long as none of the foregoing materially and Building unreasonably interferes with Tenant's use of the Premises or Common Areas as provided herein; and management fees to parking, access or loading, unloading or shipping articles contained in the Premises. Additionally, no material change to the Common Areas shall be made that would materially affect Tenant without Tenant's prior written consent, such consent not to exceed two percent be unreasonably withheld or delayed and which consent shall be deemed granted unless expressly denied in writing within thirty (2%30) of the Base Rentdays following Landlord's request therefor.
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Common Area. (1) Lessor Throughout the Term of this Lease, Tenant shall substantially complete have the Common Area prior non-exclusive right to the Commencement Date. Lessor shall not materially change or alter the dimensions and location use, in common with others, of the Common Area without and the prior written consent Facility Common Area subject to the provisions of Lessee. No public telephones, newspaper machines, vending machines, signage, kiosks, outdoor selling areas (whether seasonal or permanent) or other obstruction shall be permitted on the Common Area, except as may be otherwise expressly set forth in this Lease, all Applicable Laws and the Rules and Regulations referred to in Article XVII and incorporated herein by reference. Lessor reserves the right to designate certain parts of the Common Area as Quasi Common Area for the use of specific tenants such as designated parking areas.
(2) Lessee, and its employees, customers, subtenants, licensees and concessionaires shall have the nonexclusive Tenant's right to use the Common Area and the Facility Common Area shall terminate upon the termination of this Lease. Landlord reserves for itself and for all other owner(s) and operator(s) of the Common Area, such use to be in common with Lessor, other tenants the Facility Common Area and the balance of the BuildingFacility, and other persons entitled to use the same by virtue of Lessor's express permission, and subject to such reasonable rules and regulations governing use as Lessor may, right from time to time, prescribe. Lessee without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to: (i) install, use, maintain, repair, replace and relocate pipes, ducts, conduits, wires and appurtenant meters and equipment above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building, provided, however, nothing contained herein shall not solicit business be deemed or display merchandise within construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Building, the Facility or any part thereof, other than as herein expressly provided; (ii) make changes to the design and layout of the Facility, including, without limitation, changes to buildings, driveways, entrances, passageway, doors and doorways, corridors, elevators, stairs, toilets and other public parts of the Facility, loading and unloading areas, direction of traffic, landscaped areas, walkways and parking spaces and parking areas; and (iii) use or close temporarily the Common Area, or distribute handbills therein, or take any action which would interfere with the rights of Facility Common Area and/or other persons to use the Common Area. Lessor shall require similar agreements and standards from any other tenant in the Building. Lessor may temporarily close any part portions of the Common Area for such periods of time as may be reasonably necessary to make Facility or the Project while engaged in making improvements, repairs or alterations to the Building, the Common Area Area, the Facility Common Area, the Facility, or any portion thereof, and (iv) change the Building; provided that such closure shall not adversely affect, reduce or restrict Lessee's parking or access to name and numbers of designation by which the Building.
(3) As part Building and the Facility are commonly known. In connection with the performance of any of the Site Plan approval processforegoing, Lessor and Lessee shall agree to specific exclusive designated areas in which automobiles owned by Lessee, its employees, subtenants, licensees and concessionaires shall be parked, and Lessee Landlord shall use its reasonable efforts to see that such automobiles are parked perform same in such areas. Upon request, Lessee shall furnish a manner intended to Lessor a complete list minimize material interference with Tenant's use of the license numbers Premises; provided however, Landlord shall not be obligated to use overtime or premium-pay labor in connection therewith. To the extent the location or amount, or both, of all automobiles operated by Lessee, its employees, and subtenants. Lessor hereby designates the parking spaces marked on the Site Plan as "Lessee Exclusive Parking Area" as Quasi Common Area changes or the Facility Common Area changes in favor of Lessee, and Lessee, its employees, subtenants, licensees and concessionaires or during any calendar year Landlord shall have the exclusive right to use such designated parking spaces. All remaining parking area in include the Common Area other than Lessee's exclusive parking area shall be Quasi and the Facility Common Area Area, as so adjusted and calculated, for the remaining tenants purposes of calculating Operating Expenses for such portion of the Building to be used calendar year as an exclusive parking areasuch change was in and all subsequent calendar years.
(4) The Common Area shall be and remain under Lessor's sole operation and control, and Lessor shall adequately maintain and repair the same utilizing the funds described hereafter. As used in this Lease, the term "common area costs" shall mean the total of all items of expense relating to operating, managing, equipping, policing and protecting (if Lessor so elects), repainting, repairing, replacing, and maintaining the Common Area in the same condition as when originally installed (normal wear and tear excepted, and excluding items of a capital nature such as the replacement or repair of utility lines, or the replacement of the parking lot), and the cost of painting the readily visible portions of the exterior walls of the Building (exclusive of structural repairs and/or refurbishments). Such common area costs shall also include, removal of rubbish, dirt, and debris not generated by a tenant pursuant to the use of its lease space (Lessor will not place trash receptacles on the Property for the use of the tenants and each tenant, including, Lessee, will be responsible for engaging the services of a waste disposal company to provide a trash receptacle and to remove the contents of the trash receptacle on a regular schedule); costs of planting, replanting, and replacing flowers and landscaping, and supplies required therefor; costs of painting any of the foregoing items and striping the parking lot; all costs of utilities used in connection the maintenance of the Common Area; all costs of maintaining speed ramps (if any), lighting facilities which are not separately metered to Tenant, and storm drainage systems; all premiums for liability and property damage insurance as provided herein; ad valorem taxes on the Property and Building as provided herein; and management fees not to exceed two percent (2%) of the Base Rent.
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