Common Area. 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 nonexclusive 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. This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes do not adversely affect Tenant's access to or use of the Premises. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord 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 18 their observance. Such rules and regulations may be amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of no more than three hundred (300) of the parking spaces in the Common Area as designated from time to time by Landlord. Tenant shall not at any time park or 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord its share of such costs as provided in Paragraph 12 below.
Appears in 1 contract
Sources: Consent of Landlord to Proposed Sublease (Ag Associates Inc)
Common Area. Subject (1) Lessor shall substantially complete the Common Area prior to the terms Commencement Date. Lessor shall not materially change or alter the dimensions and conditions 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 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 such rules and regulations as Landlord may from time to time prescribe, Tenant and Tenant's its employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, subtenants, licensees and others entitled to the use thereof, concessionaires shall have the nonexclusive right to use the access roadsCommon Area, parking areas and facilities provided and designated by Landlord for the general such use and convenience to be in common with Lessor, other tenants of the occupants Building, and other persons entitled to use the same by virtue of the ParcelLessor's express permission, which areas and facilities are referred subject to herein as "Common Area. This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes do not adversely affect Tenant's access to or use of the Premises. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the governing use of the Common Areaas Lessor may, and any part or parts thereof, as Landlord 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 18 their observance. Such rules and regulations may be amended by Landlord 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 without advance noticealterations 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 amendments shall be effective upon delivery 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 a copy of them to Tenant. Tenant Lessee, and Lessee, its employees, subtenants, licensees and concessionaires shall have the non-exclusive right to use of no more than three hundred (300) of the such designated parking spaces 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 designated from time 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 time by Landlord. Tenant shall not at any time park 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 permit the parking repair of Tenant's trucks or other vehiclesutility lines, or the trucks or other vehicles replacement of othersthe parking lot), adjacent 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 loading areas so as to interfere in any way with the use of such areasits lease space (Lessor will not place trash receptacles on the Property for the use of the tenants and each tenant, nor shall Tenant at 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 time park or permit of the foregoing items and striping the parking lot; all costs of Tenant's vehicles or trucks, or utilities used in connection the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion maintenance of the Common Area. Tenant shall make no alterations; all costs of maintaining speed ramps (if any), improvements or additions lighting facilities which are not separately metered to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fencesTenant, and lighting, shall be a Common Area Charge storm drainage systems; all premiums for liability and Tenant shall pay to Landlord its share of such costs property damage insurance as provided in Paragraph 12 belowherein; 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. Subject to During the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time prescribeTerm, 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 nonexclusive 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. This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes do not adversely affect Tenant's access to or use of the Premises. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord 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 18 their observance. Such rules and regulations may be amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant Lessee shall have the non-exclusive right to use the Common Area described herein, provided that Lessor reserves the right to modify the Common Area, including reducing the size or changing the use, configuration and elements thereof in its sole discretion (including without limitation, for the purpose of no more than three hundred (300) construction of parking facilities or additional buildings, of any nature or size whatsoever, and in any part of the Project including, without limitation, any of the Common Area including Common Area on the Property so long as Lessee’s number of parking spaces in the Common Area as designated not reduced) and to close or restrict access from time to time by Landlordfor repair, maintenance or to prevent a dedication thereof, provided, further, that Lessee nonetheless shall have access to parking and the Premises during such activities and, provided further, that Lessor will continue to maintain the baseball and soccer fields and the amenities/athletic facility or replacement items of like kind for so long as Lessor is legally able to do so during the Lease Term. Tenant shall not at any Lessor further reserves the right to establish, repeal and amend from time park or 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 time rules and regulations for 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 not designated by Landlord for such and to grant reciprocal easements or other rights to use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good orderto owners of other property, condition provided that, to the extent any conflict between this Lease and repair. The manner in which such amended Common Area rules and regulations would unreasonably interfere with any new rules and Regulations and this Lease (including the Rules and Regulations attached hereto as Exhibit “L”) would materially and adversely affect Lessee’s use of the Premises, this Lease shall govern, and to grant reciprocal easements or other rights to use the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion to owners of Landlordother property. The cost of such repair“Common Area” includes, maintenance, operation, insurance and management, including without limitation, maintenance and repair all portions of the Property other than the Building, including landscaping, irrigation systems, paving, sidewalks, fenceswalkways, driveways, curbs, parking lots (including striping), roadways within the Project, sprinkler systems, lighting, surface water drainage systems, sewer systems, an amenities/athletic facility to be available for use by Lessee’s employees (the “Amenities/Athletic Facility”), as well as baseball and soccer fields, a water front park, and lightinga perimeter walking/biking trial, and, to the extent required by government authorities having jurisdiction over Lessor’s development of the Project, amphitheater, marine life resource center, retreat and conference center, child care center and such different or further portions of the Project or additional or different facilities as Lessor may from time to time designate or install or make available for the use by Lessee in common with others. Lessee’s employees may use, in common with others and without charge, the baseball and soccer fields and the Amenities/Athletic Facility, subject to such rules and regulations as Lessor may impose from time to time, but nothing herein shall be a Common Area Charge and Tenant shall pay deemed to Landlord its share of such costs as provided in Paragraph 12 belowwaive payment for optional services which may be available from time to time at those fields and/or Facility.
Appears in 1 contract
Sources: Sublease (Supportsoft Inc)
Common Area. Subject to the terms and conditions of this Lease 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 ParcelProject in which the Premises are located, (?) and their respective employees, invitees and customers, customers and others entitled to the use thereof, have the nonexclusive 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 ParcelProject, which areas and facilities are referred to herein as "Common Area". This right shall terminate upon the termination of this Leaselease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes do not adversely affect unreasonably interfere with the conduct of Tenant's access to or use of the Premisesbusiness. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest interests of the occupants of the ParcelProject. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, Tenant and Tenant shall abide by them and cooperate in 18 their observance. Such rules and regulations regu- lations may be amended by Landlord from time to time, with or without advance notice, but shall not unreasonably and all amendments shall be effective upon delivery materially diminish Tenant's use of a copy of them to Tenantthe Premises or the Common Area. Tenant shall have be assigned the non-exclusive use of no more less than three one hundred seventeen (300117) of the parking spaces in the Common Area as designated from time to time by Landlord. Landlord agrees to label at its expense (?) to ten (10) visitors stalls; and Landlord, at the request and expense of Tenant agrees to label the remaining (107) parking spaces. It is agreed that Landlord is not responsible for policing any of such parking spaces. Tenant shall not at any time park or 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon park or permit any inoperative vehicles vehicle or equipment to be parked on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, manage and maintain and repair the Common Area in good order, condition and repairArea. The manner in which the Common Area shall be operated, managed and maintained and the expenditures for such operation, management and maintenance shall be at the reasonable business sole, but reasonable, discretion of Landlord. The cost of such repair, maintenance, operation, insurance operation and management, including without limitationbut not limited to landscaping, repair of paving, parking lots and sidewalks, security services and salaries and employee benefits (including union benefits) of on-site and accounting personnel engaged in such maintenance and operations management (but excluding payments on loans or ground leases, brokerage commission and costs directly related to leasing the Project, damages caused by other tenants or their employees or agents, the cost of repair or correction of landscaping, irrigation systems, paving, sidewalks, fencesconstruction defects, and lighting, management fees in excess of the five percent (5%) referred to in paragraph 16 below) shall be a Common Area Charge and Tenant shall pay to Landlord its percentage share of such costs as provided in Paragraph 12 belowparagraph 16.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Novellus Systems Inc)
Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time prescribereasonably prescribe for all tenants located on the Parcel, 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 nonexclusive 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. ." This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area provided that no area located outside without any liability to Tenant. Notwithstanding the Parcel foregoing, Landlord shall not, without Tenant's prior written consent, which shall not be included within unreasonably withheld, conditioned or delayed, make any change to the Common Areas and provided that such changes do not adversely affect which (i) materially interferes with Tenant's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturing. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord 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 18 their observance. Such rules and regulations may be amended by Landlord from time to time, with or without upon advance noticenotice to Tenant, and all amendments shall be effective upon within thirty (30) days following delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of no more than three hundred (300) Tenant's Pro Rata Share of the parking spaces in the Common Area as designated from time to time by Landlord. Landlord shall not allow the parking areas of the Parcel to become over-subscribed or committed. Tenant shall not at any time park or 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord its share Tenant's Pro Rata Share of such costs as provided provided, and subject to the limitations, in Paragraph 12 below.
Appears in 1 contract
Common Area. Subject 5.1 The "Common Area" is the part of the Shopping Center designated by Landlord from time to time for the terms common use of all Tenants, including among other facilities, hallways, parking lots, disposals, and conditions other areas and improvements provided by Landlord for the common use of this Lease all Tenants, all of which shall be subject to Landlord's sole management and control and shall be operated and maintained in such manner as Landlord, in its discretion, shall determine. Landlord reserves the right to change from time to time the dimensions and location of the Common Area as shown on Exhibit A, as well as the location, dimensions, identity and type of any building shown on Exhibit A and to construct additional buildings or additional stories on existing buildings or other improvements in the Shopping Center, and to eliminate buildings from the plan shown on Exhibit A, provided such changes do not reasonably interfere with Tenant's business. Tenant, its employees, customers, subtenants, licensees and concessionaires shall have the nonexclusive right and license to use the Common Area as constituted from time to time, such use to be in common with Landlord, other Tenants of the Shopping Center and other persons permitted by Landlord to use the same, and subject to such reasonable rules and regulations governing use as Landlord may from time to time prescribe, Tenant and including the designation of specific areas within the Shopping Center or in reasonable proximity thereto in which automobiles owned by Tenant's , its employees, invitees subtenants, licensees and customers shallconcessionaires shall be parked. Tenant will furnish to Landlord, in common with other occupants upon request, a complete list of the Parcellicense numbers of all automobiles operated by Tenant, and their respective its employees, invitees and customerssubtenants, and others entitled to licensees or concessionaires. Tenant shall not solicit business or display merchandise within the use thereofCommon Area, have or distribute handbills therein, or take any action which would interfere with the nonexclusive right rights of other persons to use the access roads, parking areas and facilities provided and designated by Landlord for Common Area without the general use and convenience prior written consent of the occupants Landlord. Landlord may temporarily close any part of the Parcel, which areas and facilities are referred Common Area for such periods of time as may be necessary to herein as "Common Area. This right shall terminate upon prevent the termination of this Leasepublic from obtaining prescriptive rights or to make repairs or alterations. Landlord reserves shall construct, at its sole cost and expense, a hard surface parking area within the right Shopping Center as shown on Exhibit A or in reasonable proximity thereto, it being expressly agreed, however, that in addition to the rights reserved to Landlord in Article 5, Section 5.1 above, Landlord may from time to time substitute for any parking area shown on Exhibit A other areas or parking facilities reasonably accessible to make changes in the shapeTenants of the Shopping Center, sizeprovided such substitutions do not unreasonably interfere with Tenant's business. ▇▇▇▇▇▇ agrees to pay upon demand as additional rental, location, amount its proportionate share of the cost of operation and extent maintenance of the Common Area provided that no area located outside which may be incurred by Landlord in its discretion. The Common Area Maintenance Charge includes, but is not limited to, the Parcel costs incurred for lighting, heating, air conditioning, water, sewerage, painting, cleaning, policing, inspecting, landscaping, repairing, replacing, guarding and protecting the Common Area of the shopping center. Also included in the Common Area Maintenance Charge is an allowance in the amount of three percent (3%) of the total Minimum Guaranteed Rental amount for the Landlord's overhead, administrative, and management costs. The Common Area Maintenance Charge also includes Tenant’s individual water bill, up to a reasonable amount as determined by Landlord, but does not include any of Tenant’s other individual utility or other expenses. The proportionate share to be paid by Tenant of the cost of operation and maintenance of the Common Area shall be included computed on the ratio that the total area of the Demised Premises bears to the gross leasable area of buildings within the Common Areas and provided that such changes do not adversely affect Tenant's access Shopping Center from time to or use of the Premisestime. Landlord further reserves shall make monthly or other periodic charges based upon the right to promulgate such reasonable rules estimated annual cost of operation and regulations relating to the use maintenance of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for payable in advance but subject to adjustment after the best interest end of the occupants year on the basis of the Parcelactual cost for such year. The rules and regulations Any such periodic charges shall be binding upon Tenant due and payable upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in 18 their observancenotice thereof. Such rules and regulations may be amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of no more than three hundred (300) of the parking spaces in the The Minimum Common Area Maintenance Charge, subject to adjustment as designated from time to time by Landlord. Tenant shall not at any time park or 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lightingprovided herein, shall be a Common Area Charge and Tenant shall pay to Landlord its share of such costs as provided included in Paragraph 12 belowthe amount set out in Article I, Section 1.1(l).
Appears in 1 contract
Sources: Commercial Lease
Common Area. Subject 5.1 The “Common Area” shall refer to those portions of the terms real property described in Exhibit A attached hereto (the “Real Property” or the “Project”) which are reserved by Landlord for the common use of all tenants, including the parking area, sidewalks, landscaping, curbs, loading areas, private streets and conditions alleys, lighting facilities, and other areas and improvements provided by Landlord for the common use of this Lease all tenants, all of which shall be subject to Landlord’s sole management and control and shall be operated and maintained in such manner as Landlord, in its exclusive discretion, shall determine. Landlord reserves the right to change from time to time the dimensions and location of the Common Areas as well as the location, dimensions, identify and type of any building shown on Exhibit A and to construct additional buildings or other improvements in, on or about said Real Property, and to eliminate buildings from the plan shown on Exhibit A. Tenant and its employees, customers, subtenants, and licensees shall have the nonexclusive right and license to use the Common Area as constituted from time to time, such use to be in common with Landlord, other tenants of the Real Property and other persons permitted by Landlord to use the same, and subject to such reasonable rules and regulations governing use as Landlord may from time to time prescribe, Tenant and including the designation of specific areas of the Real Property in reasonable proximity to the Demised Premises in which vehicles owned by Tenant's , its employees, invitees and customers shall, in common with other occupants of the Parcelsubtenants, and their respective employees, invitees and customers, and others entitled to licensees shall be parked. Tenant shall not take any action which would interfere with the use thereof, have the nonexclusive right rights of other persons to use the access roads, parking areas Common Area without the prior written consent of the Landlord. Landlord may temporarily close any part of the Common Area for such periods of time as may be necessary to prevent the public from obtaining prescriptive rights or to make repairs or alterations.
5.2 Commencing on the Rent Commencement Date and facilities provided and designated by Landlord continuing for the general use and convenience remainder of the occupants Lease Term, Tenant agrees to pay Tenant’s Proportionate Share of the ParcelCommon Area Maintenance Costs (defined below) incurred by Landlord. The term “Common Area Maintenance Costs” shall include but not be limited to, all direct and indirect costs, services, expenses, obligations or fees which areas relate to the buildings located on the Real Property (such buildings and facilities are real property being collectively referred to herein as "Common Area. This right shall terminate upon the termination “Project”) including those costs incurred for lighting, water and sewer service, painting, cleaning, policing, inspecting, landscaping, repairing, replacing, guarding, protecting, striping of this Lease. Landlord reserves parking lanes and driving lanes, removing trash and garbage, reasonable management fees, accounting fees related to the right from time to time to make changes in the shape, size, location, amount and extent calculation of the Common Area provided that no area located outside Maintenance Costs for the Parcel shall be included within Real Property, including, without limitation, the Common Areas preparation of annual statements and provided that billing with respect to such changes do not adversely affect Tenant's access to or use of the Premises. Landlord further reserves the right to promulgate such reasonable rules Costs, and regulations relating any other expense related to the use overall maintenance and upkeep of the Common Area, and any part or parts thereofincluding, as Landlord 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 18 their observance. Such rules and regulations may be amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of no more than three hundred (300) of the parking spaces in the Common Area as designated from time to time by Landlord. Tenant shall not at any time park or 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, the amortized cost of capital improvements (as distinguished from replacement parts or components installed in the ordinary course of business) made to the Project which are: (a) performed primarily to reduce operating expense costs or otherwise improve the operating efficiency of the Project; or (b) required to comply with any laws, ordinances or regulations that are enacted, or first interpreted to apply to the Project, after the date of this Lease (collectively, the “Permitted Capital Expenditures” as well as all labor costs for all persons performing services required or utilized in connection with the operation, repair, replacement and maintenance of and repair control of landscapingaccess to the Project, irrigation systemsincluding but not limited to amounts incurred for wages, pavingsalaries and other compensation for services, sidewalkspayroll, fencessocial security, unemployment and lightingother similar taxes, shall be a workers’ compensation insurance, uniforms, training, disability benefits, pensions, hospitalization, retirement plans, group insurance or any other similar or like expenses or benefits. Tenant’s Proportionate Share of Common Area Charge and Tenant shall pay Maintenance Costs for the 2012 calendar year are presently estimated to Landlord its share of such costs as provided in Paragraph 12 belowbe forty cents ($0.40) per square foot.
Appears in 1 contract
Sources: Lease Agreement (AnythingIT, Inc.)
Common Area. 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, Certain areas have the nonexclusive right to use the access roads, parking areas and facilities provided and designated been or will be constructed by Landlord within Landlord's Real Property for the general use use, convenience and convenience benefit of the occupants of the Parcelbuildings located thereon and their customers and employees, which including the automobile parking areas, sidewalks, landscaped areas and facilities are referred to other areas for pedestrian and vehicular use (herein as called the "Common Area"). This Except as may be limited herein, Tenant shall have the nonexclusive right for itself and for its customers, invites, employees, contractors, subtenants and licensees to use the Common Area in common with Landlord and other persons permitted to use the same for parking of vehicles and for vehicular and pedestrian ingress, egress and access. The Common Area, and all improvements and facilities situated thereon and required in connection therewith, shall terminate upon be maintained by Landlord or its designee. Tenant shall pay six and 2/10s percent (6.2%) of those certain costs paid and incurred in connection with the termination operating, management, maintenance and repair of this Leasethe Common Area as provided below. Landlord reserves shall, at or about the right time that Tenant's obligation to pay rent commences and from time to time thereafter, submit to make changes Tenant an estimate of the monthly payments required to discharge Tenant's obligations with respect to payment of its share of Common Area Expenses pursuant to this paragraph. Landlord shall, no more than annually, revise such estimate in the shapeevent that the then current estimate is not reasonably related to actual amounts then payable by Tenant hereunder. Tenant shall pay such estimated amounts to Landlord on the first day of each calendar month during the term. Adjustments shall be made by Landlord within sixty (60) days after the end of each calendar year, sizeso that if the total of such estimated amounts paid by Tenant during such year exceeds the actual amounts payable by Tenant during such year, location, amount Landlord shall pay such overages to Tenant forthwith at the time such adjustment is made. Failure of Tenant to pay when due any of the charges required by this paragraph to be paid shall constitute a default the same as a failure to pay rent when due. Common Area Expenses incurred in connection with the operation and extent maintenance of the Common Area provided shall include, but are not limited to, all sums expended in connection with Common Area for all general maintenance and repairs, resurfacing or painting, restriping, cleaning, sweeping and janitorial services; maintenance and repair of sidewalks, curbs and signs; sprinkler systems, planting and landscaping; lighting and other utilities; directional signs and other markers and bumpers; maintenance and repair of any fire protection systems and lighting systems; management and personnel to implement such services (including administrative, bookkeeping, clerical and similar office staff) including, if Landlord deems necessary, the cost of security guards; real and personal property taxes and assessments on the improvements and land comprising the Common Area; fees, charges, assessments, payments and other amounts of any kind or nature levied or collected by any governmental agency for the use or operation of the Common Area; premiums for public liability, casualty and other insurance on the Common Area; provided, however, that notwithstanding anything to the contrary contained herein, Common area expenses shall exclude any costs for items that are capitalized by Landlord, executive salaries, depreciation and interest, legal fees, leasing commissions, costs to correct original construction defects in the improvements and property (excluding Tenants Improvements other than the equipment requiring roof penetrations). Tenant shall have no area located outside the Parcel liability for payment of roof repairs other than for normal wear and tear. Tenant shall be included within responsible for reimbursement to Landlord of expenses related to the Common Areas and provided that such changes do not adversely affect Tenant's access to or use maintenance of the PremisesHVAC equipment, including maintenance contracts and roof repairs required after one year from commencement. Subject to the following qualifications, Landlord further reserves shall also have the right to promulgate establish from, time to time, change alter and amend, and to enforce against Tenant and the users of the automobile parking areas, such reasonable rules and regulations relating to the use of the Common Area, and any part as may be deemed necessary or parts thereof, as Landlord may deem appropriate advisable for the best interest proper and efficient operation and maintenance 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 18 their observancesaid automobile parking areas. Such rules and regulations may include the hours during which the automobile parking areas shall be amended by Landlord from time to time, with or without advance noticeopen for use, and all amendments designated parking areas for employees of Tenant. Landlord shall be effective upon delivery not restrict use of a copy parking areas in any manner which conflicts with normal business hours of them to Tenantthe type of business being conducted by Tenant on the Premises. Tenant shall have the non-right to identify and so ▇▇▇▇, with Landlord's consent which shall not be unreasonably withheld, up to ten parking spaces as being exclusively for Tenants clients and employees use. Landlord shall have no liability to enforce parking space use of the spaces identified be Tenant as being for the exclusive use of no more than three hundred (300) of the parking spaces in the Common Area as designated from time to time by Landlord. Tenant shall not at any time park or 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain Tenants clients and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord its share of such costs as provided in Paragraph 12 belowemployees.
Appears in 1 contract
Sources: Lease (Coast Bancorp)
Common Area. 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 nonexclusive 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. This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes do not adversely affect Tenant's access to or use of the Premises. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord 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 18 their observance. Such rules and regulations may be amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of no more than three hundred (300) of the parking spaces in the Common Area as designated from time to time by Landlord. Tenant shall not at any time park or 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord its share of such costs as provided in Paragraph 12 below.
Appears in 1 contract
Common Area. Subject During the Lease Term, Lessee shall have the non- ------------------------ exclusive right to use the Common Area described herein, provided that Lessor reserves the right to modify the Common Area, including reducing the size or changing the use, configuration and elements thereof in its sole discretion (including without limitation, for the purpose of construction of parking facilities or additional buildings, of any nature or size whatsoever, and in any part of the Project including, without limitation, any of the Common Area including Common Area on the Property so long as Lessee's number of parking spaces in not reduced) and to close or restrict access from time to time for repair, maintenance or to prevent a dedication thereof, provided, further, that Lessee nonetheless shall have access to parking and the Premises during such activities and, provided further, that Lessor will continue to maintain the baseball and soccer fields and the amenities/athletic facility or replacement items of like kind for so long as Lessor is legally able to do so during the Lease Term. Lessor further reserves the right to establish, repeal and amend from time to time rules and regulations for the use of the Common Area and to grant reciprocal easements or other rights to use the Common Area to owners of other property, provided that, to the terms and conditions of extent any conflict between this Lease and such amended Common Area rules and regulations would unreasonably interfere with any new rules and Regulations and this Lease (including the Rules and Regulations attached hereto as Exhibit "L") would materially and adversely affect Lessee's use of the Premises, this Lease shall govern, and to grant reciprocal easements or other rights to use the Common Area to owners of other property. "Common Area" includes, without limitation, all portions of the Property other than the Building, including landscaping, sidewalks, walkways, driveways, curbs, parking lots (including striping), roadways within the Project, sprinkler systems, lighting, surface water drainage systems, sewer systems, an amenities/athletic facility to be available for use by Lessee's employees (the "Amenities/Athletic Facility"), as well as baseball and soccer fields, a water front park, and a perimeter walking/biking trial, and, to the extent required by government authorities having jurisdiction over Lessor's development of the Project, amphitheater, marine life resource center, retreat and conference center, child care center and such different or further portions of the Project or additional or different facilities as Lessor may from time to time designate or install or make available for the use by Lessee in common with others. Lessee's employees may use, in common with others and without charge, the baseball and soccer fields and the Amenities/Athletic Facility, subject to such rules and regulations as Landlord Lessor 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 nonexclusive 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. This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes do not adversely affect Tenant's access to or use of the Premises. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord 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 18 their observance. Such rules and regulations may be amended by Landlord impose from time to time, with or without advance notice, and all amendments but nothing herein shall be effective upon delivery of a copy of them deemed to Tenant. Tenant shall have the non-exclusive use of no more than three hundred (300) of the parking spaces in the Common Area as designated waive payment for optional services which may be available from time to time by Landlord. Tenant shall not at any time park or 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord its share of such costs as provided in Paragraph 12 belowthose fields and/or Facility.
Appears in 1 contract
Common Area. 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 nonexclusive 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. ." This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes do not adversely affect Tenant's access to or use of the PremisesArea. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord 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 18 their observance. Such rules and regulations may be amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of no more than three hundred One Hundred Eighteen (300118) of the parking spaces in the Common Area as designated from time to time by Landlord. Tenant shall not at any time park or 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common AreaArea notwithstanding the above, Landlord understands and agrees to work with Tenant to enable Tenant to provide an outside covered area for a smoking area for its employees. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord its pro rata share of such costs as provided in Paragraph 12 below.
Appears in 1 contract
Sources: Lease Agreement (Nanometrics Inc)
Common Area. Subject 4.1 Landlord shall operate and maintain the Common Area in such manner as Landlord in its reasonable discretion determines to be in the best interests of the Center. Landlord reserves the right at its reasonable discretion to change from time to time the size, dimensions and location of the Common Area as shown on Exhibit “A,” including without limitation, the entrances, exits, lanes, size and location of the parking areas; and the size, dimensions, identity and type of any building(s) shown on Exhibit “A”; and has the further right to construct, or remove, any structure, temporary or permanent, on any part of the Common Area without the consent of the Tenant, subject to no restrictions except that (subject to the terms provisions of Articles XIII and conditions XIV hereof), there shall be no material impairment of this Lease the size and such dimension of the Premises. So long as Tenant is not in default hereunder, Tenant and its Permitees shall have the nonexclusive license to use the Common Area as constituted from time to time in common with Landlord, other tenants of the Center and other persons entitled to use the same, which license shall be subject to reasonable and uniformly-enforced rules and regulations as Landlord may from time to time prescribe, . Tenant and Tenant's employees, invitees and customers shall, in common shall not solicit any business within the Common Area or take any action which would interfere with the rights of other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the nonexclusive right persons 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. This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent may temporarily close any part of the Common Area for such periods of time as may be reasonably necessary to make repairs or alterations, or as otherwise provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes do not adversely affect Tenant's access to or use of the Premises. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the herein.
4.2 The use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest Area by employees 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 18 their observance. Such rules and regulations may be amended restricted by Landlord from time to time. Landlord shall have the right, with or without advance noticebut not the obligation, to maintain and operate lighting facilities on all the parking areas and to control all the parking and other Common Area, and all amendments to make rules regulating the use thereof, including, the right to designate and regulate employee parking areas, and to do and perform such other reasonable acts with respect to the Common Area as in the judgment of Landlord and Landlord’s counsel may be legally necessary, including temporarily closing any part of the Common Area to prevent the public from obtaining prescriptive rights. Without limitation of the foregoing, Landlord expressly reserves the right to require that Tenant and other tenants in the Center cause their employees to park only in areas specifically designated by Landlord.
4.3 Tenant shall pay to Landlord, monthly, in advance, on the first day of each month, one-twelfth (1/12th) of the Common Area Maintenance Fee. Landlord shall have the right, exercisable by Landlord giving written notice to Tenant from time to time during the Lease Term, to estimate the Common Area Maintenance Fee (based upon Landlord’s reasonable estimation of the Common Area Expenses) payable by Tenant for the future fiscal period indicated by Landlord, whereupon, commencing on the future date during the Lease Term indicated by Landlord, Tenant shall pay Landlord on the first day of each month, in advance, the monthly charge so indicated by the Landlord. Notwithstanding anything to the contrary contained in this Lease, for purposes of determining the Common Area Maintenance Fee payable by Tenant, Common Area Expenses (excluding non-controllable items such as utilities & security) in any year shall not be increased by more than five percent (5%) over the prior year’s Common Area Expenses (excluding such non-controllable items). Within one hundred twenty (120) days following the end of each calendar year during the Lease Term, Landlord shall compute and determine the actual Common Area Expenses for the prior calendar year. Landlord shall give Tenant notice of such Common Area Expenses and notice of Tenant’s actual Common Area Maintenance Fee with respect to such period (as limited pursuant to the terms of this Lease). If Tenant’s actual Common Area Maintenance Fee with respect to such period exceeds the amount therefor previously paid by Tenant, Tenant shall pay Landlord the deficiency in each such case within 30 days following notice from Landlord; however, if the aforesaid amount previously paid by Tenant towards Tenant’s actual Common Area Maintenance Fee is in excess of Tenant’s actual Common Area Maintenance Fee with respect to such period, then the balance thereof shall be effective upon delivery applied to the payment of a copy Rent next due; except that any amounts remaining at the termination of them this Lease shall be offset against any amounts then owing by Tenant to Landlord under this Lease, and any remaining net surplus shall then be refunded by Landlord to Tenant. .
4.4 Landlord and Tenant acknowledge, agree and confirm to each other that they are both knowledgeable and experienced in commercial lease transactions; and Landlord and Tenant agree that the provisions of this Lease for determining Common Area Maintenance Fee, Tax Charges, Insurance Charges and other charges, are commercially reasonable and acceptable to the parties for determining such charges, even though such calculations may not state precisely the formulas for determining the same.
4.5 Tenant shall have the non-exclusive use right to audit Landlord’s books and records relating to Common Area Expenses or any other charges to Tenant under this Lease (including, without limitation, Real Estate Taxes and insurance premiums) for up to the immediately preceding three (3) calendar years by giving no less than ten (10) days prior written notice to Landlord within 120 days of no more than three hundred (300) Tenant’s receipt of the parking spaces Landlord’s notice described in the Common Area as designated from time to time by Section 4.3 above. Such audit shall be conducted at Landlord’s office where such records are maintained. Such audit may not be conducted on a contingency fee basis. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent keep Landlord’s books and records confidential and shall use commercially reasonable efforts to loading areas so as cause its auditor 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord its share of such costs as provided in Paragraph 12 below.such
Appears in 1 contract
Common Area. 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 nonexclusive 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 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 shape, size, location, amount and extent of the Common Area provided that no area located outside the Parcel shall be included within the Common Areas and Area, provided that such changes do shall not adversely affect unreasonably interfere with Tenant's access to or use of the PremisesPremises or reduce the number of parking spaces to be provided for Tenant under this Paragraph 11. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord 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 18 their observance. Such rules and regulations may be amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. 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 no more than three two hundred sixty-seven (300267) of the parking spaces in the Common Area as designated from time to time by Landlord. Tenant shall not at any time park or 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord its share of such costs as provided in Paragraph 12 below.
Appears in 1 contract
Sources: Lease Agreement (Cybersource Corp)
Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time REASONABLY 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 nonexclusive 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. This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes do not adversely affect Tenant's access to or use of the PremisesArea. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord 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 18 their observance. Such rules and regulations may be amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of no more than one hundred fifty-three hundred (300153) of the parking spaces in the Common Area as designated from time to time by Landlord. Tenant shall not at any time park or 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, others in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business COMMERCIALLY REASONABLE discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord its share of such costs as provided in Paragraph 12 below.
Appears in 1 contract
Common Area. Subject to the terms and conditions The term "Common Area" is defined for all purposes of this Lease and such rules and regulations as that part of the Shopping Center which is not under lease to tenants, to the extent designated by Landlord may from time to time prescribefor the common use of all tenants, Tenant restaurants, retailers and Tenant's employeesother businesses (hereinafter called "Common Area Users") including among other facilities (as such may be applicable to the Shopping Center), invitees parking areas, private drives, sidewalks and customers shall, in common with other occupants of the Parcellike, and their respective employeesother areas and improvements provided for the common use of all such Common Area Users (but excluding space in buildings, invitees and customersnow or hereafter existing, designed for rental for commercial purposes, as the same may exist from time to time, and others entitled further excluding streets and alleys maintained by a public authority), all of which shall be subject to the use thereof, have the nonexclusive right to use the access roads, parking areas Landlord's sole management and facilities provided control and designated by shall be operated and maintained in such manner as Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as "Common Area. This right in its reasonable discretion shall terminate upon the termination of this Leasedetermine. Landlord reserves the right to change from time to time to make changes in the shape, size, location, amount and extent dimensions or location of the Common Area provided that no area located outside as well as the Parcel shall be included within location, dimensions, identity and type of any building and to construct additional buildings or additional stores on existing buildings or other improvements in the Common Areas and provided that such changes do not adversely affect Tenant's access to or use Area portions of the PremisesShopping Center. Landlord further reserves the right to promulgate such reasonable rules Tenant and regulations relating its employees, customers, and when duly authorized pursuant to the use provisions of the Common Areathis Lease, sub-tenants, licensees and any part or parts thereof, as Landlord 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 18 their observance. Such rules and regulations may be amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant concessionaires shall have the non-exclusive easement to use of no more than three hundred (300) of the parking spaces in the Common Area as designated constituted from time to time by Landlordfor parking, ingress, egress and common access to abutting roadways, all such use to be in common with other Common Area Users and subject to such reasonable rules and regulations governing use as Landlord from time to time may prescribe. Tenant shall not at solicit business or display merchandise within the Common Area or elsewhere in the Shopping Center nor conduct any time park advertising or permit marketing program therein, or take any action which would interfere with the parking rights of Tenant's trucks other persons to use the Common Area or other vehicles, or portions of the trucks or other vehicles Shopping Center without the prior written consent of others, adjacent to loading areas so as to interfere in the Landlord. Landlord may temporarily close 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 part of the Common Area not designated by Landlord for such use by Tenantperiods of time as may be necessary to make repairs or alterations or to prevent the public from obtaining prescriptive rights. Tenant Landlord shall not abandon any inoperative vehicles or equipment on any portion be responsible for the operation, management and maintenance of the Common Area. Tenant shall make no alterations, improvements or additions the manner of maintenance and the expenditures therefor to be in the Common Area. sole discretion of Landlord, except that Landlord shall operate, manage, insure, maintain and repair agrees to cause the Common Area to be maintained in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord its share of such costs as provided in Paragraph 12 below.
Appears in 1 contract
Sources: Ground Lease Agreement (Chicago Pizza & Brewery Inc)
Common Area. Subject Landlord shall maintain the Common Area in good order, condition and repair, in a manner deemed by Landlord reasonable, appropriate and in the best interests of the occupants of the Shopping Center, subject to the all other terms and conditions of this Lease relating to the Common Area. Landlord reserves the right to change from time to time the dimensions and location of the Common Area and the location, dimensions, identity and type of any parking area or building in the Shopping Center and to construct additional buildings, additions to existing buildings, and other improvements in the Shopping Center, to eliminate buildings from the Shopping Center, to increase the land size of the Shopping Center, and to change the name, address, number or designation by which the Shopping Center is commonly known. Tenant shall have the nonexclusive right to use the portions of the Common Area designated for such use from time to time, such use to be in common with Landlord, other occupants of the Shopping Center and other persons entitled to use the same, and subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Tenant will furnish to Landlord upon request a complete list of license numbers of all automobiles operated by Tenant, Tenant and Tenant's its employees, invitees and customers shallsubtenants, licensees or concessionaires. If Tenant fails to abide by any parking designations established by Landlord, then Tenant will pay a fine of $10 for each day any such car is parked in areas other than those designated by Landlord and, in common addition to any other remedies available to Landlord, Landlord may tow any automobiles that are parked in areas other than those designated by Landlord. Tenant 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 occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the nonexclusive right persons to use the access roads, parking areas and facilities provided and designated by Landlord for Common Area without the general use and convenience prior written consent of the occupants Landlord. Landlord may close any part of the Parcel, which areas and facilities Common Area for such periods of time as may be necessary to prevent the public from obtaining prescriptive rights or to make repairs or alterations. No implied easements are referred to herein as "Common Area. This right shall terminate upon the termination of granted by this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes do not adversely affect Tenant's access to or use of the Premises. Landlord further reserves hereby grants Tenant the right to promulgate such reasonable rules use and regulations relating to the use of the Common Areadesignate with signage approved by Landlord, and any part or parts thereof, as Landlord may deem appropriate two (2) parking spaces designated solely 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 18 their observance. Such rules and regulations may be amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have electrical vehicle parking for the non-exclusive use of no more than three hundred (300) of Tenant, in the locations set forth on the Site Plan. Any signage installed by Tenant designating such parking spaces in the Common Area as designated from time electrical vehicle parking shall be subject to time by Landlord. Tenant shall 's prior approval (not at any time park to be unreasonably withheld, conditioned or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so delayed) as to interfere in any way with the use of such areasdesign and wording; provided, nor however, that signage wording 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions be similar to the Common Areafollowing: Parking For Electric Vehicles Only. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repairAll Other Vehicles Will Be Towed At Owner's Expense. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord its share of such costs as provided in Paragraph 12 belowElectricity Provided By Pluralsight.
Appears in 1 contract
Common Area. Subject to the terms and conditions of this Lease lease and such reasonable 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 ParcelProject in which the Premises are located, and their respective employees, invitees and customers, customers and others entitled to the use thereof, have the nonexclusive 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 ParcelProject, which areas and facilities are referred to herein as "Common Area. ." This right shall terminate upon the termination of this Leaselease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes do not adversely affect Tenant's access to or use of the PremisesArea. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest interests of the occupants of the ParcelProject. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, Tenant and Tenant shall abide by them and cooperate in 18 their observance. Such rules and regulations may be amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of no more than three one hundred sixty-eight (300168) of the parking spaces in the Common Area as designated from time in Exhibit A. Tenant shall not label or otherwise ▇▇▇▇ its assigned parking spaces without the prior written approval of Landlord, provided that such approval shall not unreasonably be withheld. Tenant shall be solely responsible for policing its assigned parking spaces with respect to time unauthorized use by Landlordothers. Tenant shall not at any time park or 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon park or permit any inoperative vehicles vehicle or equipment to be parked on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, manage and maintain and repair the Common Area in good order, condition and repairArea. The manner in which the Common Area shall be operated, managed and maintained and the expenditures for such operation, management and maintenance shall be at the reasonable business sole discretion of Landlord, provided that such maintenance shall be in a manner equal to that usually provided for other first class buildings in the same general area as the Project. The cost of such repair, maintenance, operation, insurance operation and management, including without limitationbut not limited to landscaping, repair of paving, parking lots and sidewalks, security services and salaries and employee benefits (including union benefits) of on-site and accounting personnel engaged in such maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lightingoperations management, shall be a Common Area Charge and Tenant shall pay to Landlord its percentage share of such costs as provided in Paragraph 12 belowparagraph 16.
Appears in 1 contract
Common Area. 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, shall have the nonexclusive exclusive right to use the access roads, parking areas areas, and facilities provided and designated by Landlord for the general use and convenience of the occupants of the ParcelPremises, which areas and facilities are referred to herein as "Common Area. ." This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes do not adversely affect Tenant's access to or use of the PremisesArea. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest interests of the occupants of the ParcelBuilding. 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 18 their observance. Such rules and regulations may be amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Notwithstanding anything to the contrary herein, the rules and regulations relating to the Common Area and any other area of the Premises shall not interfere with Tenant's use of the Premises and, to the extent such rules and regulations do interfere with Tenant's use of the Premises, such rules and regulations shall be void. Tenant shall have the non-exclusive use of no more than three hundred (300) the total number of the parking spaces in the Common Area as designated from time to time by LandlordArea. Tenant shall not at any time park or 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon park or permit to be parked any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, manage and maintain and repair the Common Area in good order, condition and repair. The manner the same fashion as a common area maintained in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlorda first class industrial park. The cost of such repair, maintenance, operation, insurance operation and management, including without limitation, maintenance landscaping and repair of landscaping, irrigation systems, paving, paving and sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord its share of such costs as provided in Paragraph 12 Section 11 below.
Appears in 1 contract
Sources: Sublease Agreement (Nvidia Corp/Ca)
Common Area. 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 nonexclusive 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". This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, locationlocation , amount and extent of the Common Area provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes do not adversely affect Tenant's access to or use of the PremisesArea. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or of parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The 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 18 their observance. Such rules and regulations may be amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of no more than three two hundred fifty (300250) of the parking spaces in the Common Area as designated from time to time by Landlord. Tenant shall not at any time park or 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 paring of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, order condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at a the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord its share of such costs as provided in Paragraph 12 below.
Appears in 1 contract
Common Area. 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, Certain areas have the nonexclusive right to use the access roads, parking areas and facilities provided and designated been or will be constructed by Landlord within the shopping center for the general use use, convenience and convenience benefit of the occupants of the Parcelshopping center and their customers and employees, which including the automobile parking areas, sidewalks, landscaped areas and facilities are referred to other areas for pedestrian and vehicular use (herein as called the "Common Area"). This Except as may be limited herein, Tenant shall have the nonexclusive right for itself and for its customers, invitees, employees, contractors, subtenants and licensees to use the Common Area in common with Landlord and other persons permitted to use the same for parking of vehicles and for vehicular and pedestrian ingress, egress and access. The Common Area, and all improvements and facilities situated thereon and required in connection therewith, shall terminate upon be maintained by Landlord or its designee. Tenant shall pay .075% Percent (.075%) of all costs paid and incurred in connection with the termination operation, maintenance and repair of this Leasethe Common Area. Landlord reserves shall, at or about the right time that ▇▇▇▇▇▇'s obligation to pay rent commences and from time to time thereafter, submit to make changes Tenant an estimate of the monthly payments required to discharge Tenant's obligations with respect to payment of its share of Common Area Expenses pursuant to this Paragraph. Landlord shall from time to time revise such estimate in the shapeevent that the then current estimate is not reasonably related to actual amounts then payable by Tenant hereunder. Tenant shall pay such estimated amounts to Landlord on the first day of each calendar month during the term. Adjustments shall be made by Landlord within ninety (90) days after the end of each calendar year, sizeso that if the total of such estimated amounts paid by Tenant during such year exceeds the actual amounts payable by Tenant during such year, location, amount Landlord shall pay such deficiency to Tenant forthwith upon demand. Common Area Expenses incurred in connection with the operation and extent maintenance of the Common Area provided that no area located outside shall include, but are not limited to, all sums expended in connection with Common Area for all general maintenance and repairs, resurfacing or painting, restriping, cleaning, sweeping and janitorial services; maintenance and repair of sidewalks, curbs and shopping center signs; sprinkler systems, planting and landscaping; lighting, sewer, water, gas and other utilities; directional signs and other markers and bumpers; maintenance and repair of any fire protection systems and lighting systems; personnel to implement such services (except any administrative, clerical and similar office staff) including, if Landlord deems necessary, the Parcel shall be included within cost of security guards; real and personal property taxes and assessments on the improvements and land comprising the Common Areas Area; fees, charges, assessments, payments and provided that such changes do not adversely affect Tenant's access to other amounts of any kind or nature levied or collected by any governmental agency for the use or operation of the PremisesCommon Area; premiums for public liability, casualty and other insurance on the Common Area. Landlord further reserves shall also have the right to promulgate establish from time to time, change, alter and amend, and to enforce against Tenant and the users of the automobile parking areas, such reasonable rules and regulations relating to the use of the Common Area, and any part as may be deemed necessary or parts thereof, as Landlord may deem appropriate advisable for the best interest proper and efficient operation and maintenance 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 18 their observancesaid automobile parking areas. Such rules and regulations may include the hours during which the automobile parking areas shall be amended by Landlord from time to time, with or without advance noticeopen for use, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of no more than three hundred (300) of the designated parking spaces in the Common Area as designated from time to time by Landlord. Tenant shall not at any time park or permit the parking areas for employees 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair not restrict use of parking areas in any manner which conflicts with normal business hours of the Common Area in good order, condition and repair. The manner in which type of business being conducted by Tenant on the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord its share of such costs as provided in Paragraph 12 belowPremises.
Appears in 1 contract
Sources: Lease Addendum (Coast Bancorp)
Common Area. 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 tenants of other buildings located on the Parcel, and their respective employees, invitees and customers, and others other entitled to the use thereof, have the nonexclusive right right, until termination of this Lease, to use the access roads, parking areas areas, grounds and facilities provided and designated by Landlord for the general use and convenience of the occupants all tenants of buildings located on the Parcel, which . Said areas and facilities are referred to herein as the "Common Area", and are initially defined as that area outlined on Exhibit "E", attached hereto ------- --- and incorporated herein by this reference. This right The term "Common Area" shall terminate upon include the termination Common Area of this Leasethe Building, which shall mean those areas within the Building that are common shafts and elevators, common mechanical and electrical rooms, common restroom facilities, common corridors, and the like. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes do not adversely affect Tenant's access to or use of the PremisesArea. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest interests of the occupants tenants of the buildings located on the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant Tenants shall abide by them and cooperate in 18 their observance. Such rules and regulations may be amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of no more than three hundred (300) of the parking spaces in the Common Area as designated from time to time by Landlord. Tenant shall not at any time park or 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon park or permit to be parked any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, manage and maintain and repair the Common Area in good order, condition and repairArea. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business sole discretion of Landlord. The cost of such repair, maintenance, operation, insurance operation and management, including without limitationLandscaping, maintenance and repair of landscaping, irrigation systems, paving, paving and sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay reimburse to Landlord its share of such costs as provided in Paragraph 12 13 below.
Appears in 1 contract
Common Area. Subject Landlord shall maintain the Common Area in good order, condition and repair, in a manner deemed by Landlord reasonable, appropriate and in the best interests of the occupants of the Shopping Center, subject to the all other terms and conditions of this Lease relating to the Common Area. Landlord reserves the right to change from time to time the dimensions and location of the Common Area and the location, dimensions, identity and type of any parking area or building in the Shopping Center and to construct additional buildings, additions to existing buildings, and other improvements in the Shopping Center, to eliminate buildings from the Shopping Center, to increase the land size of the Shopping Center, and to change the name, address, number or designation by which the Shopping Center is commonly known. Tenant shall have the nonexclusive right to use the portions of the Common Area designated for such use from time to lime, such use to be in common with Landlord, other occupants of the Shopping Center and other persons entitled to use the same, and subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Tenant will furnish to Landlord upon request a complete list of license numbers of all automobiles operated by Tenant, Tenant and Tenant's its employees, invitees and customers shallsubtenants, licensees or concessionaires. If Tenant fails to abide by any parking designations established by Landlord, then Tenant will pay a fine of $10 for each day any such car is parked in areas other than those designated by Landlord and, in common addition to any other remedies available to Landlord, Landlord may tow any automobiles that are parked in areas other than those designated by Landlord. Tenant 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 occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the nonexclusive right persons to use the access roads, parking areas and facilities provided and designated by Landlord for Common Area without the general use and convenience prior written consent of the occupants Landlord, Landlord may close any part of the Parcel, which areas and facilities Common Area for such periods of time as may be necessary to prevent the public from obtaining prescriptive rights or to make repairs or alterations. No implied easements are referred to herein as "Common Area. This right shall terminate upon the termination of granted by this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes do not adversely affect Tenant's access to or use of the Premises. Landlord further reserves hereby grants Tenant the right to promulgate such reasonable rules use and regulations relating to the use of the Common Areadesignate with signage approved by Landlord, and any part or parts thereof, as Landlord may deem appropriate two (2) parking spaces designated solely 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 18 their observance. Such rules and regulations may be amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have electrical vehicle parking for the non-exclusive use of no more than three hundred (300) of Tenant, in the locations set forth on the Site Plan. Any signage installed by Tenant designating such parking spaces in the Common Area as designated from time electrical vehicle parking shall be subject to time by Landlord. Tenant shall ’s prior approval (not at any time park to be unreasonably withheld, conditioned or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so delayed) as to interfere in any way with the use of such areasdesign and wording; provided, nor however, that signage wording 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 not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions be similar to the Common Areafollowing: Parking For Electric Vehicles Only. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repairAll Other Vehicles Will Be Towed At Owner’s Expense. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord its share of such costs as provided in Paragraph 12 belowElectricity Provided By Pluralsight.
Appears in 1 contract
Sources: Multi Tenant Office Lease Agreement (Pluralsight, Inc.)