Common use of Common Area Clause in Contracts

Common Area. The term "Common Area" means the entire area designed for common use or benefit within the Complex, including the parking lot, landscaped and vacant areas, and sidewalks. The Common Area shall at all times be subject to the exclusive control and management of Landlord and may be expanded, contracted, improved or changed by Landlord from time to time as deemed desirable. Subject to the Rules and Regulations, the Common Area is hereby made available to Tenant and its employees, agents, customers, and invitees for their reasonable nonexclusive use in common with other tenants of the Complex, their employees, agents, customers, invitees, and to Landlord for the purposes for which constructed. Tenant shall not in any manner obstruct the Common Area. Landlord shall have the right to change the area, location, and arrangement of the Common Area; to enter into, modify, and terminate easements and other agreements pertaining to the use and maintenance of the Common Area, to close all or any portion of the Common Area to such extent as may be necessary; to add or remove improvements; and to do and perform such other acts in and to these areas and improvements as Landlord shall determine to be advisable with a view to the improvement and convenient use thereof. In no event shall Landlord obstruct the ingress or egress to the Building or Complex or reduce the number of parking stalls below the number required by local code or ordinance. No exhibit attached to this Lease nor any other materials provided by Landlord shall constitute a warranty or agreement as to the configuration of the Building or Complex or the occupants thereof. Landlord shall not materially or substantially obstruct the visibility of Tenant's exterior signage without the consent of Tenant, which shall not be unreasonably withheld, delayed or conditioned.

Appears in 1 contract

Sources: Office Warehouse Lease (Medi Ject Corp /Mn/)

Common Area. The term Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time prescribe, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants o the Parcel, which areas and facilities are referred to herein as "Common Area." means This right shall terminate upon the entire area designed for common 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. The cost of any such changes shall be borne by Landlord (except as provided in Paragraph 13 below). Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use or benefit within of the Complex, including the parking lot, landscaped and vacant areasCommon Area, and sidewalksany part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The Common Area rules and regulations shall at all times be subject binding upon Tenant upon delivery of a copy of them to the exclusive control Tenant, and management of Landlord Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be expanded, contracted, improved or changed amended by Landlord from time to time as deemed desirabletime, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Subject to Tenant shall have the Rules and Regulations, non-exclusive use of no more than three hundred seventy-four (374) of the parking spaces in the Common Area is hereby made available as designated from time to Tenant and its employees, agents, customers, and invitees for their reasonable nonexclusive use in common with other tenants of the Complex, their employees, agents, customers, invitees, and to Landlord for the purposes for which constructedtime 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 manner obstruct 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 have the right to change the areaoperate, locationmanage, insure, maintain and arrangement of the Common Area; to enter into, modify, and terminate easements and other agreements pertaining to the use and maintenance of the Common Area, to close all or any portion of 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 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 extent costs as may be necessary; to add or remove improvements; and to do and perform such other acts provided in and to these areas and improvements as Landlord shall determine to be advisable with a view to the improvement and convenient use thereof. In no event shall Landlord obstruct the ingress or egress to the Building or Complex or reduce the number of parking stalls below the number required by local code or ordinance. No exhibit attached to this Lease nor any other materials provided by Landlord shall constitute a warranty or agreement as to the configuration of the Building or Complex or the occupants thereof. Landlord shall not materially or substantially obstruct the visibility of Tenant's exterior signage without the consent of Tenant, which shall not be unreasonably withheld, delayed or conditionedParagraph 12 below.

Appears in 1 contract

Sources: Lease Agreement (Oplink Communications Inc)

Common Area. The term "For purposes of this Lease, “Common Area" Areas” means all areas and facilities as provided by Landlord from time to time for the entire area designed for common use or benefit within enjoyment of all tenants in the ComplexProject or the Building, including, if applicable, all roads and facilities on the Project furnished, made available or maintained by Landlord in or near the Project, including the parking lotareas, truck loading areas, driveways, sidewalks, landscaped and vacant areas, retaining walls, fences and sidewalksrock walls, lighting facilities, and other areas and improvements provided by Landlord for the general use in common of the tenants and their business invitees and customers in the Project. The Common Area Areas shall at all times be subject to the exclusive control and management of Landlord. Tenant acknowledges that it does not have an exclusive interest in the Common Areas. Landlord reserves the right to grant such easements and other rights in the Common Areas as Landlord may be expanded, contracted, improved or changed by Landlord from time to time as deemed desirabledeem necessary, including without limitation, easements for mutual ingress and egress, truck turning and similar matters for the benefit of adjacent properties. Subject to the Rules and RegulationsLandlord may, at its sole option, modify the Common Area is hereby made available Areas or make such changes thereto as Landlord deems reasonably necessary. Landlord shall not be obligated to maintain or provide any security services or systems for the Project. Tenant and its employees, agents, customersagrees that Landlord shall not be liable for, and invitees for their reasonable nonexclusive use Tenant waives any claim against Landlord with respect to, any loss by theft or any other damage suffered or incurred by Tenant in common with other tenants of the Complex, their employees, agents, customers, invitees, and to Landlord for the purposes for which constructed. Tenant shall not in any manner obstruct the Common AreaAreas or in connection with any unauthorized entry into the Premises or other criminal or willful acts of third parties. Landlord shall have the right no obligation to change the area, location, and arrangement of the Common Area; to enter into, modify, and terminate easements and other agreements pertaining to the use and maintenance of the Common Area, to close all or provide any portion of the Common Area to such extent as may be necessary; to add or remove improvements; and to do and perform such other acts in and to these areas and improvements as Landlord shall determine to be advisable with a view to the improvement and convenient use thereof. In no event shall Landlord obstruct the ingress or egress to the Building or Complex or reduce the particular number of parking stalls below spaces or to provide designated parking spaces for the number required by local code employees or ordinance. No exhibit attached to this Lease nor any other materials provided by Landlord shall constitute a warranty or agreement as to the configuration of the Building or Complex or the occupants thereof. Landlord shall not materially or substantially obstruct the visibility customers of Tenant's exterior signage without the consent of Tenant, which shall not be unreasonably withheld, delayed or conditioned.

Appears in 1 contract

Sources: Lease Agreement (Precision Optics Corporation, Inc.)

Common Area. The term Subject to the terms and conditions of this 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 Project in which the Premises are located, 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 Project, which areas and facilities are referred to herein as "Common Area." means This right shall terminate upon the entire area designed for common 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. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use or benefit within of the Complex, including the parking lot, landscaped and vacant areasCommon Area, and sidewalksany part thereof, as Landlord may deem appropriate for the best interests of the occupants of the Project. The Common Area rules and regulations shall at all times be subject binding upon Tenant upon delivery of a copy of them to the exclusive control Tenant and management of Landlord Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be expanded, contracted, improved or changed amended by Landlord from time to time as deemed desirabletime, with or without advance notice. Subject to Tenant shall have the Rules and Regulations, use of one hundred sixty-eight (168) parking spaces in the Common Area is hereby made available as designated 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 Tenant and its employees, agents, customers, and invitees for their reasonable nonexclusive unauthorized use in common with other tenants of the Complex, their employees, agents, customers, invitees, and to Landlord for the purposes for which constructedby others. 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 manner obstruct 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 park or permit any inoperative vehicle or equipment to be parked on any portion of the Common Area. Landlord shall have the right to change the areaoperate, location, manage and arrangement of maintain the Common Area; to enter into, modify, and terminate easements and other agreements pertaining to the use and maintenance of the Common Area, to close all or any portion of . 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 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 extent maintenance, operation and management, including but 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, shall be a Common Area Charge and Tenant shall pay to Landlord its percentage share of such costs as may be necessary; to add or remove improvements; and to do and perform such other acts provided in and to these areas and improvements as Landlord shall determine to be advisable with a view to the improvement and convenient use thereof. In no event shall Landlord obstruct the ingress or egress to the Building or Complex or reduce the number of parking stalls below the number required by local code or ordinance. No exhibit attached to this Lease nor any other materials provided by Landlord shall constitute a warranty or agreement as to the configuration of the Building or Complex or the occupants thereof. Landlord shall not materially or substantially obstruct the visibility of Tenant's exterior signage without the consent of Tenant, which shall not be unreasonably withheld, delayed or conditionedparagraph 16.

Appears in 1 contract

Sources: Sublease Agreement (Novellus Systems Inc)

Common Area. The term 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" means . This right shall terminate upon the entire area designed for common 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. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use or benefit within of the Complex, including the parking lot, landscaped and vacant areasCommon Area, and sidewalksany part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The Common Area rules and regulations shall at all times be subject binding upon Tenant upon delivery of a copy of them to the exclusive control Tenant, and management of Landlord Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be expanded, contracted, improved or changed amended by Landlord from time to time as deemed desirabletime, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Subject to Tenant shall have the Rules and Regulations, non-exclusive use of no more than one hundred fifty-three (153) of the parking spaces in the Common Area is hereby made available as designated from time to Tenant and its employees, agents, customers, and invitees for their reasonable nonexclusive use in common with other tenants of the Complex, their employees, agents, customers, invitees, and to Landlord for the purposes for which constructedtime 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 manner obstruct 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 have the right to change the areaoperate, locationmanage, insure, maintain and arrangement of the Common Area; to enter into, modify, and terminate easements and other agreements pertaining to the use and maintenance of the Common Area, to close all or any portion of 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 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 extent costs as may be necessary; to add or remove improvements; and to do and perform such other acts provided in and to these areas and improvements as Landlord shall determine to be advisable with a view to the improvement and convenient use thereof. In no event shall Landlord obstruct the ingress or egress to the Building or Complex or reduce the number of parking stalls below the number required by local code or ordinance. No exhibit attached to this Lease nor any other materials provided by Landlord shall constitute a warranty or agreement as to the configuration of the Building or Complex or the occupants thereof. Landlord shall not materially or substantially obstruct the visibility of Tenant's exterior signage without the consent of Tenant, which shall not be unreasonably withheld, delayed or conditionedParagraph 12 below.

Appears in 1 contract

Sources: Lease Agreement (Novellus Systems Inc)

Common Area. a. The term "Common Area" means ” is the entire area designed for common use or benefit within the Complex, including Property that is not otherwise part of the parking lot, landscaped and vacant areas, and sidewalksBuilding. The Common Area includes, without limitation, all structural components of the Property, and all facilities in and around the Building, that are intended for common use by Sublessee’s customers, invitees and employees, and which Common Area also includes, but is not limited to driveways, driving lanes, parking areas, lighting, service areas, pylons, signs, sidewalks and landscaping. b. Sublessee and Sublessee’s invitees, customers and employees shall at all times be subject have the nonexclusive right to the exclusive control and management of Landlord and may be expanded, contracted, improved or changed by Landlord from time to time as deemed desirable. Subject to the Rules and Regulations, use the Common Area is hereby made available to Tenant and its employees, agents, customers, and invitees for their reasonable nonexclusive use in common with other tenants of the ComplexSublessor, their employees, agents, customers, and its respective invitees, customers and to Landlord employees for the use and purposes for which constructeddesignated by Sublessor. c. The Common Area shall be under the exclusive management and control of Sublessor or Sublessor’s agent. Tenant The manner of operation and the expenditures therefore shall not be in any manner obstruct the Common AreaSublessor’s discretion. Landlord Sublessor shall have the right to change designate, relocate and limit the areause of particular areas or portions of the Common Area for the efficient management, locationoperation, maintenance and use thereof, and arrangement Sublessee shall comply with these restrictions, so long as Sublessee’s right to use the Property is not materially adversely affected. Sublessor shall also have the right to permit entertainment events, as well as the placement of kiosks, carts, advertising and other displays in the Common Areas. d. Subject to the provisions of the Ground Lease, Sublessor shall maintain the Common Area in good repair, including establishing (to the extent deemed necessary by Sublessor) reserves for and making replacements when and where necessary. “Common Area Expenses” shall include all costs and expenses incurred by Sublessor for the operation, maintenance, repair and replacement of the Common Area and for the management of the Property, including without limitation expenses for: (i) property management fees for Property; (ii) cleaning, sweeping and janitorial services; (iii) removal of rubbish; (iv) snow and ice removal’; (v) labor (including payment of wages, benefits and payroll taxes) to maintain the Common Area; to enter into(vi), modify, materials and terminate easements and other agreements pertaining to supplies in connection with the use operation and maintenance of the Common Area; (vii) providing and maintaining utility systems and services, including payment of sewer service fees; (viii) maintaining, repairing, reserving for replacement of and replacing all sidewalks, curbs, walkways and paved areas, as well as the roof and structural portions of the all portions of the Property; (ix) landscaping, planting and irrigation systems; (x) signs; (xi) trash facilities, loading and delivery areas; (xii) lighting, drainage, and directional markers and bumpers; (xiii) maintaining and repairing security systems and alarms; (xiv) payment of premiums for workers’ compensation insurance, commercial general liability insurance and casualty insurance maintained by Sublessor with respect to close the Property, as well as any deductible under any insurance which Sublessor pays in connection thereto;, (xv) payment of rental cost for or straight-line depreciation on tools, machinery and equipment used in connection with the Common Area; (xvi) payment of all personal property taxes and assessments levied or assessed against personal property located on or used to maintain the Common Area; (xvii) payment of any portion regulatory fee or surcharge or similar imposition imposed by governmental requirements; (xviii) payment of the cost of a security service and/or security system if Sublessor determines that such security is necessary, including servicing, maintaining and monitoring any fire sprinkler system; (xix) any alterations, additions, or improvements required to be made to the Common Area in order to such extent as may be necessarycomply with applicable laws, orders or regulation; and, (xx) all other items necessary to add or remove improvements; keep the Common Area in a state of good sanitary condition and to do and perform such other acts in and to these areas and improvements as Landlord shall determine to be advisable with a view to the improvement and convenient use thereof. In no event shall Landlord obstruct the ingress or egress to the Building or Complex or reduce the number of parking stalls below the number required by local code or ordinance. No exhibit attached to this Lease nor any other materials provided by Landlord shall constitute a warranty or agreement as to the configuration of the Building or Complex or the occupants thereof. Landlord shall not materially or substantially obstruct the visibility of Tenant's exterior signage without the consent of Tenant, which shall not be unreasonably withheld, delayed or conditionedrepair.

Appears in 1 contract

Sources: Sublease (Natural Grocers by Vitamin Cottage, Inc.)

Common Area. The term Subject to the terms and conditions of this Lease and ----------- such rules and regulations as Landlord may from time to time prescribe, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as "Common Area." means This right shall terminate upon the entire area designed for common 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. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use or benefit within of the Complex, including the parking lot, landscaped and vacant areasCommon Area, and sidewalksany part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The Common Area rules and regulations shall at all times be subject binding upon Tenant upon delivery of a copy of them to the exclusive control Tenant, and management of Landlord Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be expanded, contracted, improved or changed amended by Landlord from time to time as deemed desirabletime, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Subject to Tenant shall have the Rules and Regulations, non-exclusive use of no more than One Hundred Eighteen (118) of the parking spaces in the Common Area is hereby made available as designated from time to Tenant and its employees, agents, customers, and invitees for their reasonable nonexclusive use in common with other tenants of the Complex, their employees, agents, customers, invitees, and to Landlord for the purposes for which constructedtime 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 manner obstruct the Common Area. Landlord shall have the right to change the area, location, and arrangement of the Common Area; to enter into, modify, and terminate easements and other agreements pertaining to way with the use and maintenance of such areas, nor shall Tenant at any time park or permit the Common Areaparking of Tenant's vehicles or trucks, to close all or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area to not designated by Landlord for such extent as may be necessary; to add use by Tenant. Tenant shall not abandon any inoperative vehicles or remove improvements; and to do and perform such other acts in and to these areas and equipment on any portion of the Common Area. Tenant shall make no alterations, improvements as Landlord shall determine to be advisable with a view or additions to the improvement Common Area notwithstanding the above, Landlord understands and convenient use thereof. In no event shall Landlord obstruct the ingress or egress agrees to the Building or Complex or reduce the number of parking stalls below the number required by local code or ordinance. No exhibit attached work with Tenant to this Lease nor any other materials provided by Landlord shall constitute enable Tenant to provide an outside covered area for a warranty or agreement as to the configuration of the Building or Complex or the occupants thereofsmoking area for its employees. Landlord shall not materially or substantially obstruct operate, manage, insure, maintain and repair the visibility 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 discretion of Tenant's exterior signage Landlord. The cost of such repair, maintenance, operation, insurance and management, including without the consent limitation, maintenance and repair of Tenantlandscaping, which irrigation systems, paving, sidewalks, fences, and lighting, shall not be unreasonably withheld, delayed or conditioneda 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. The term 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" means ". This right shall terminate upon the entire area designed for common 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. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use or benefit within of the Complex, including the parking lot, landscaped and vacant areasCommon Area, and sidewalksany part of parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The Common Area the rules and regulations shall at all times be subject binding upon Tenant upon delivery of a copy of them to the exclusive control Tenant, and management of Landlord Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be expanded, contracted, improved or changed amended by Landlord from time to time as deemed desirabletime, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Subject to Tenant shall have the Rules and Regulations, non-exclusive use of no more than two hundred fifty (250) of the parking spaces in the Common Area is hereby made available as designated from time to Tenant and its employees, agents, customers, and invitees for their reasonable nonexclusive use in common with other tenants of the Complex, their employees, agents, customers, invitees, and to Landlord for the purposes for which constructedtime 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 manner obstruct way with the use of such areas, nor shall Tenant at any time park or permit the 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 have the right to change the areaoperate, locationmanage, insure, maintain and arrangement of the Common Area; to enter into, modify, and terminate easements and other agreements pertaining to the use and maintenance of the Common Area, to close all or any portion of 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 a the 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 extent costs as may be necessary; to add or remove improvements; and to do and perform such other acts provided in and to these areas and improvements as Landlord shall determine to be advisable with a view to the improvement and convenient use thereof. In no event shall Landlord obstruct the ingress or egress to the Building or Complex or reduce the number of parking stalls below the number required by local code or ordinance. No exhibit attached to this Lease nor any other materials provided by Landlord shall constitute a warranty or agreement as to the configuration of the Building or Complex or the occupants thereof. Landlord shall not materially or substantially obstruct the visibility of Tenant's exterior signage without the consent of Tenant, which shall not be unreasonably withheld, delayed or conditionedParagraph 12 below.

Appears in 1 contract

Sources: Lease Agreement (Elexsys International Inc)

Common Area. The term 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" means . This right shall terminate upon the entire 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 designed for common use or benefit located outside the Parcel shall be included within the Complex, including Common Areas and provided that such changes do not adversely affect Tenant's access to or use of the parking lot, landscaped Premises. Landlord further reserves the right to promulgate such reasonable rules and vacant areasregulations relating to the use of the Common Area, and sidewalksany part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The Common Area rules and regulations shall at all times be subject binding upon Tenant upon delivery of a copy of them to the exclusive control Tenant, and management of Landlord Tenant shall abide by them and cooperate in 18 their observance. Such rules and regulations may be expanded, contracted, improved or changed amended by Landlord from time to time as deemed desirabletime, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Subject to Tenant shall have the Rules and Regulations, non-exclusive use of no more than three hundred (300) of the parking spaces in the Common Area is hereby made available as designated from time to Tenant and its employees, agents, customers, and invitees for their reasonable nonexclusive use in common with other tenants of the Complex, their employees, agents, customers, invitees, and to Landlord for the purposes for which constructedtime 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 manner obstruct 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 have the right to change the areaoperate, locationmanage, insure, maintain and arrangement of the Common Area; to enter into, modify, and terminate easements and other agreements pertaining to the use and maintenance of the Common Area, to close all or any portion of 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 extent costs as may be necessary; to add or remove improvements; and to do and perform such other acts provided in and to these areas and improvements as Landlord shall determine to be advisable with a view to the improvement and convenient use thereof. In no event shall Landlord obstruct the ingress or egress to the Building or Complex or reduce the number of parking stalls below the number required by local code or ordinance. No exhibit attached to this Lease nor any other materials provided by Landlord shall constitute a warranty or agreement as to the configuration of the Building or Complex or the occupants thereof. Landlord shall not materially or substantially obstruct the visibility of Tenant's exterior signage without the consent of Tenant, which shall not be unreasonably withheld, delayed or conditionedParagraph 12 below.

Appears in 1 contract

Sources: Consent of Landlord to Proposed Sublease (Ag Associates Inc)

Common Area. i.) The term "Common Area" means is part of the entire area designed for common use or benefit within the Complex, including the parking lot, landscaped and vacant areas, and sidewalks. The Common Area shall at all times be subject to the exclusive control and management of Landlord and may be expanded, contracted, improved or changed property designated by Landlord from time to time as deemed desirablefor the common use of all Tenants, including among other facilities, parking area, sidewalks, landscaping, curbs, loading areas, private streets, alleys, lighting facilities, signs and other areas and improvements provided by Landlord for the common use of all Tenants, all of which shall be subject to Landlord's sole management and control and shall be operated and maintained in reasonably good order and condition, except for damage occasioned by Tenant, or its employees, agents or invitees. Subject Landlord reserves the right to change from time to time the Rules dimensions and Regulations, location of the Common Area is hereby made available as well as the location, dimensions, identity and type of any building shown on Exhibit B-1 and to construct additional buildings or additional stories on existing buildings or other improvements on the property and to eliminate buildings from the plan shown on Exhibit B-1. Tenant and its employees, agents, customers, subtenants, licensees and invitees for their reasonable 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 Tenants of the Complexbuilding and other persons permitted by Landlord to use the same, their and subject to such reasonable rules and regulations governing use as Landlord may from time to time prescribe, including the designation of specific areas within the property or in reasonable proximity thereto in which automobiles owned by the Tenant, its employees, agentssubtenants, customers, invitees, licensees and concessionaires shall be parked. Tenant will furnish to Landlord for the purposes for which constructedupon request a complete list of license numbers of all automobiles operated by Tenant, its employees, subtenants, licensees or concessionaires. Tenant shall not in any manner obstruct solicit business or display merchandise within the Common AreaArea without the prior written consent of the Landlord. Landlord shall have the right to change the area, location, and arrangement of the Common Area; to enter into, modify, and terminate easements and other agreements pertaining to the use and maintenance of the Common Area, to may temporarily close all or any portion part of the Common Area to for such extent periods of time as may be necessary; necessary to add prevent the public from obtaining prescriptive rights or remove improvements; and to do and perform such other acts in and to these areas and improvements as Landlord shall determine to be advisable with a view to the improvement and convenient use thereof. In no event shall Landlord obstruct the ingress make repairs or egress to the Building or Complex or reduce the number of parking stalls below the number required by local code or ordinance. No exhibit attached to this Lease nor any other materials provided by Landlord shall constitute a warranty or agreement as to the configuration of the Building or Complex or the occupants thereof. Landlord shall not materially or substantially obstruct the visibility of Tenant's exterior signage without the consent of Tenant, which shall not be unreasonably withheld, delayed or conditionedalterations.

Appears in 1 contract

Sources: Lease Agreement (Nextel Partners Inc)

Common Area. The term 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" means . This right shall terminate upon the entire 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 designed for common use or benefit located outside the Parcel shall be included within the Complex, including Common Areas and provided that such changes do not adversely affect Tenant's access to or use of the parking lot, landscaped Premises. Landlord further reserves the right to promulgate such reasonable rules and vacant areasregulations relating to the use of the Common Area, and sidewalksany part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The Common Area rules and regulations shall at all times be subject binding upon Tenant upon delivery of a copy of them to the exclusive control Tenant, and management of Landlord Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be expanded, contracted, improved or changed amended by Landlord from time to time as deemed desirabletime, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Subject to Tenant shall have the Rules and Regulations, non-exclusive use of no more than three hundred (300) of the parking spaces in the Common Area is hereby made available as designated from time to Tenant and its employees, agents, customers, and invitees for their reasonable nonexclusive use in common with other tenants of the Complex, their employees, agents, customers, invitees, and to Landlord for the purposes for which constructedtime 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 manner obstruct 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 have the right to change the areaoperate, locationmanage, insure, maintain and arrangement of the Common Area; to enter into, modify, and terminate easements and other agreements pertaining to the use and maintenance of the Common Area, to close all or any portion of 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 extent costs as may be necessary; to add or remove improvements; and to do and perform such other acts provided in and to these areas and improvements as Landlord shall determine to be advisable with a view to the improvement and convenient use thereof. In no event shall Landlord obstruct the ingress or egress to the Building or Complex or reduce the number of parking stalls below the number required by local code or ordinance. No exhibit attached to this Lease nor any other materials provided by Landlord shall constitute a warranty or agreement as to the configuration of the Building or Complex or the occupants thereof. Landlord shall not materially or substantially obstruct the visibility of Tenant's exterior signage without the consent of Tenant, which shall not be unreasonably withheld, delayed or conditionedParagraph 12 below.

Appears in 1 contract

Sources: Lease Agreement (3dfx Interactive Inc)